Bill H.3928

HOUSE DOCKET, NO. 4114 FILED ON: 2/24/2014

HOUSE . . . . . . . . . . . . . . . No. 3928

By Representative Vega of Holyoke and Senator Humason, a joint petition (accompanied by bill, House, No. 3928) of Aaron Vega and Donald F. Humason, Jr. that the city of Holyoke be authorized to grant 6 additional licenses for the sale of all alcoholic beverages and 7 additional licenses of wines and malt beverages to be drunk on the premises. Consumer Protection and Professional Licensure. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act authorizing the city of Holyoke to issue additional liquor 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,

or any other general or special law to the contrary, the city of Holyoke

may grant 6 additional licenses for the sale of all alcoholic beverages,

and 7 additional licenses of wine & malt beverages to be drunk on the

premises pursuant to section 12 of said chapter 138 subject to the

conditions set forth in this act, and 2 additional licenses for the sale of

wine and malt beverages to be drunk off the premises pursuant to section 15

of said chapter 138 subject to the conditions set forth in this act, to

establishments located in certain areas of census tracts 8114, 8115, 8116,

and 8117 as defined in sections 4 and 5.

SECTION 2.

(a) Notwithstanding sections 12 and 15 of chapter 138 of the General Laws,

the additional licenses authorized by this act shall be subject to an

initial, 1-time application fee of $10,000 in addition to the existing

license fee applicable in the city of Holyoke for the sale of: (i) all

alcoholic beverages to be drunk on the premises; (ii) wines and malt

beverages to be drunk on the premises, or; (iii) the sale of all alcoholic

beverages not to be drunk on the premises. The additional $10,000 fee shall

be deposited into an economic development account held by the Holyoke

Redevelopment Authority and expended consistently with the purposes of the

account.

SECTION 3. A license granted under this act is non-transferrable and if

cancelled, revoked or no longer in use, shall be returned physically, with

all of the legal rights, privileges and restrictions pertaining thereto, to

the licensing authority for the city of Holyoke. The licensing authority

may then grant the license to a new applicant who meets the criteria set

forth in this act.

SECTION 4.

(a) 1 license for the sale of all alcoholic beverages and 2 licenses of

wine & malt beverages to be drunk on the premises pursuant to section 12 of

said chapter 138 shall be allocated to the area known as TOD West which

consists of all parcels inside the following boundaries: Beginning at the

intersection of Chestnut Street and Hampden Street, southeasterly along the

centerline of Hampden Street to the intersection with the centerline of an

alley between parcels 013-03-005 and 013-01-001. Southwesterly along the

centerline of said alley, to the intersection of the centerline of John

Street. Southeasterly along the centerline of John Street to the

intersection of a parcel 013-04-003 having a parking facility. South

westerly along the westerly side of such parking facility transcending

parcel 013-04-003 to its intersection with the centerline of Dwight Street.

Southeasterly along the centerline of Dwight Street to the intersection

with the centerline of Heritage Street. Southwesterly along the centerline

of Heritage to its intersection with the centerline of Appleton Street.

Northwesterly along the centerline of Appleton Street the intersection of

the centerline of Chestnut Street. Northeasterly along the centerline of

Chestnut Street to the point of beginning.

(b) 1 license for the sale of all alcoholic beverages and 1 license of wine

& malt beverages to be drunk on the premises pursuant to section 12 of said

chapter 138, and 1 license for the sale of wine and malt beverages to be

drunk off the premises pursuant to section 15 of said chapter 138 shall be

allocated to the area known as TOD East which consists of all parcels

inside the following boundaries: Beginning at the intersection of the

centerline of Canal Street and Grover Street, southerly along the

centerline of Grover Street to its intersection with the centerline of

Lyman Street. Westerly along the centerline of Lyman Street to its

intersection with the centerline of Bowers Street. Southerly along the

centerline of Bowers Street to its intersection with the centerline of

Mosher Street. Westerly along the centerline of Mosher Street to its

intersection with the westerly boundary of parcel 033-04-001. Southerly

along the westerly side of parcel 033-04-001 and along the westerly

boundary or parcel 033-05-002 to its intersection with the centerline of

Appleton Street. Northwesterly along the centerline of Appleton Street to

its intersection of an alley between parcels 030-06-01 and 030-06-011

(between Main Street and Race Street). Northeasterly along the centerline

of an alley to its intersection with the centerline of Dwight Street.

Northwesterly along the centerline of Dwight Street to its intersection

with the centerline of Race Street. Northeasterly along the centerline of

Race Street to its intersection with centerline of Canal Street, to the

point of beginning.

wine & malt beverages to be drunk on the premises pursuant to section 12 of

said chapter 138 shall be allocated to the area known as Mid-Canal consists

of the area all parcels inside the following boundaries: Beginning at the

intersection of the centerline of a parcel 022-01-010A located on the

easterly side of Front Street and Lyman Street, southeasterly along the

centerline of Lyman Street to the easterly boundary of parcel 023-01-024,

owned by the Holyoke Gas & Electric. Following the easterly boundary of

parcel 023-01-024, northerly along the easterly boundary of parcel

023-01-024 and southerly along the easterly boundary of parcel 023-01-024

to the intersection of the westerly boundary of parcel 023-01-011, owned by

the Holyoke Gas & Electric. Southerly along the westerly boundary of parcel

023-01-011 to its intersection of the centerline of Lyman Street.

Southeasterly along the centerline of Lyman Street to its intersection with

the centerline of Race Street. Southwesterly along the centerline of Race

Street to its intersection of the centerline of Dwight Street.

Southeasterly along the centerline of Dwight Street to its intersection

with the centerline of an alley beginning between parcels 033-07-001 and

033-07-021 (between Race St & Main St). Southwesterly along the

centerlines of alleys beginning between parcels 033-07-001 and 033-07-021

to its intersection with the centerline of Cabot Street. Northwesterly

along the centerline of Cabot Street to its intersection with the

centerline of railroad tracks adjacent to the westerly side of parcel

020-02-006. Northeasterly along the centerline of the railroad tracks up to

and along the easterly boundary of parcel 021-01-012 (Heritage State Park)

and northeasterly along the centerlines of parcels 022-01-010 and

022-01-010A, owned by Pioneer Valley Railroad and Trident Holyoke LLC, to

the point of beginning.

(d) Notwithstanding sections 12 and 77 of said chapter 138, the licensing

authority for the city of Holyoke shall restrict the on premises licenses

granted under this section to holders of common victualler licenses who

have provided a development and restaurant concept, menu and seating chart

reviewed and approved by the Holyoke Redevelopment Authority.

SECTION 5

(a) 3 licenses for the sale of all alcoholic beverages and 2 licenses of

wine & malt beverages to be drunk on the premises pursuant to section 12 of

said chapter 138, and 1 license for the sale of wine and malt beverages to

be drunk off the premises pursuant to section 15 of said chapter 138 shall

be allocated to census tracts 8114, 8115, 8116, and 8117.

(b) Notwithstanding sections 12 and 77 of said chapter 138, the licensing

authority for the city of Holyoke shall restrict the on premises licenses

granted under this section to holders of common victualler licenses who

have provided a development and restaurant concept, menu and seating chart

reviewed and approved by the Holyoke Redevelopment Authority.

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

Name:	District/Address:	Date Added:
Aaron Vega	5th Hampden	2/24/2014
Donald F. Humason, Jr.	Second Hampden and Hampshire	2/24/2014