SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws relative to the number of licenses that may be granted in the town of Westborough, the licensing authority of the town of Westborough may grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 to the Bay State Commons located at 12 Union Street, Westborough, Massachusetts.  The license shall be subject to all of said chapter 138 except said section 17; provided, however that the restaurant shall have a seating capacity of less than 200 seats; and provided further, that (i) the sale and consumption of alcoholic beverages shall be incidental to the serving of meals and (ii) the license shall comply with such other requirements and condition as the licensing authority shall deem appropriate.

(b) The license shall be nontransferable to any other location, but it may be granted to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue indicating that the license is in good standing with the department and all applicable taxes have been paid. 

(c) If the license granted under this section 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 under the same terms and conditions as specified in this section.

SECTION 2. This act shall take effect upon its passage.