HOUSE DOCKET, NO. 3891        FILED ON: 9/30/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3688

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth I. Gordon and Kenneth J. Donnelly

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the town of Burlington to grant additional alcoholic beverages licenses.

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PETITION OF:

HOUSE DOCKET, NO. 3891        FILED ON: 9/30/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3688

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act authorizing the town of Burlington to grant additional alcoholic beverages licenses.

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 of Chapter 138 of the General Laws, the licensing authority of the Town of Burlington may grant eight (8) licenses for the sale of all alcoholic beverages to be drunk on the premises under Section 12 of said Chapter 138.  The licenses shall be subject to all of said Chapter 138, except Section 17.

SECTION 2.  The licensing authority of the Town of Burlington shall restrict the licenses granted under Sections 1 and 2 of this Act as to number and to persons, corporations, organizations, and entities located in the following locations:

     (a) Three (3) licenses for the sale of all alcoholic beverages to be drunk on premises to be available for the property know as and comprising the “Burlington Mall”; as more specifically shown on a plan which is on file with the Board of Selectmen of the Town of Burlington.

     (b) Three (3) licenses for the sale of all alcoholic beverages to be drunk on premises to the development known as and comprising “New England Executive Park”; as more specifically shown on a plan which is on file with the Board of Selectmen of the Town of Burlington.

     (c)Two (2) licenses for the sale of all alcoholic beverages to be drunk on premises to the development presently known as 15-20 South Avenue as more specifically shown on a plan which is on file with the Board of Selectmen of the Town of Burlington.

(The properties identified in subparagraph (a) – (c) above being referred to in this Act as a “Permitted Location”.)

SECTION 3.  License granted under this section shall not be transferable to any other person, corporation or organization for a period of three (3) years from the date of original issuance or three (3) years from the enactment of this legislation, whichever is later.  Any transfer in violation of Sections 2 (a), (b) or (c) of this Act shall render said license null and void.

SECTION 4.  Notwithstanding Sections 12 and 77 of Chapter 138 of the General Laws, the licensing authority of the Town of Burlington may restrict the licenses issued pursuant to this Act to holders of common victualler licenses.

SECTION 5.  If a license granted under this section, is revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority which may then grant the license to a new applicant only at the same location under the same conditions as specified in this act provided that the applicant files with the licensing authority a letter from the Department of Revenue and a letter from the Division of Unemployment Assistance indicating that the license is in good standing with those entities and that all applicable taxes, fees, and contributions have been paid. 

SECTION 6.  This Act shall take effect upon its passage.