FILED ON: 9/27/2012

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1944

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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An Act authorizing the city of Salem to issue additional licenses for the sale of alcoholic beverages..

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith to increase the personal financial literacy of students in the Commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public [Emergency Preamble Context].
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Notwithstanding section 17 or 17A of chapter 138 of the General Laws, the licensing authority of the City of Salem may convert the three currently-issued seasonal licenses for the sale of all alcoholic beverages to be drunk on the premises and the four currently-issued seasonal licenses for wine and malt beverages to be drunk on the premises to three annual licenses for the sale of all alcoholic beverages to be drunk on the premises and four annual licenses for the sale of wine and malt beverages to be drunk on the premises.  Any such license shall be subject to all of said chapter 138 except said section 17 and 17A.  An applicant for conversion of a seasonal all alcoholic beverages license for the same premises and location shall not be required to notify abutters as required by section 15A of said chapter 138.  An applicant for conversion from a seasonal all alcohol license to be drunk on the premises who also holds an annual wine and malt beverage license to be drunk on the premises shall physically surrender the annual wine and malt beverage license to the local licensing authority upon conversion, with all of the legal rights, privileges and restrictions pertaining thereto, and said local licensing authority may then grant the license to a new applicant at the same location.

SECTION 2.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to DineMed Restaurant Group, Inc., located at 62 Wharf Street, Salem, Massachusetts, 01970, to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 3.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to Thai Hut Inc., located at 2 India Square, Salem, Massachusetts, 01970, to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 4.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to Wicked Howl Enterprises, Inc., located at 25 Front Street, Salem, Massachusetts, 01970, to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 5.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of wine and malt beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to Coven LLC, located at 281 Essex Street, Salem, Massachusetts, 01970, to an annual license for the sale of wine and malt beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 6.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of wine and malt beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to Derby Partners, LLC, located at 215 Derby Street, Salem, Massachusetts, 01970, to an annual license for the sale of wine and malt beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 7.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of wine and malt beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to Howling Wolf Taqueria  LLC, located at 76 Lafayette Street, Salem, Massachusetts, 01970, to an annual license for the sale of wine and malt beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 8.  Notwithstanding the provisions of sections 17 and 17A of chapter 138 of the General  Laws, the licensing authority of the City of Salem may convert 1 currently issued seasonal license for the sale of wine and malt beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138, issued to Polonia Restaurant Group, located at 118 Washington Street, Salem, Massachusetts, 01970, to an annual license for the sale of wine and malt beverages to be consumed on the premises pursuant to section 12 of chapter 138. An annual license granted under this section shall be subject to all of chapter 138 except section 17 and 17A.

The licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter from the department of revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.

If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority which may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 9. (a) Notwithstanding any general or special law or rule or regulation to the contrary, the licensing authority may only approve the conversion of a license at the same location as the current seasonal license.  Failure to use or operate the license for six consecutive months may, after a hearing, cause the license to revert to the city.  That license may then be re-issued by the licensing authority at the same location if the applicant for the license files with the licensing authority a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.

(b) If a license converted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location.

SECTION 10. (a) The city of Salem shall charge a fair value fee for the issuance of a new license or the conversion to an annual license for the sale of all alcoholic beverages or wine and malt beverages issued pursuant to this act shall be paid by the licensee to the city in full at the time of issuance, unless the licensing authority agrees to enter into an arrangement with the recipient of a license which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from a licensee, this option must be made available, upon request, to all qualified applicants for licensure.

(b) Any  fair value fees collected by the city of Salem for any new license or the conversion of a seasonal license to an annual license for the sale of wine and malt beverages or all alcoholic beverages issued pursuant to this act which is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city, then the city shall establish an economic development account and deposit the fee which shall be expended by the city in a manner consistent with the purposes of the account.

SECTION 11.  This act shall take effect upon its passage.