FILED ON: 4/9/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4053

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act authorizing the city of Peabody to grant 10 additional licenses for the sale of all alcoholic beverages or wines and malt beverages to be drunk on the premises.

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 city of Peabody may grant 10 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138.  Any license issued pursuant to this act shall be subject to all of said chapter 138, excepting only section 17. 

SECTION 2.  (a) The licensing authority of the city of Peabody shall grant 5 of the licenses for the sale of all alcoholic beverages to be drunk on the premises only to establishments located in an area of the city of Peabody known as the “North Shore Mall,” an area bordered by Route 128, Essex Center Drive, Route 114 (Andover Street), Prospect Street and Cross Street as shown on Map 51, Lots 1, 2, 7, 8, 9, 10 and Map 52, Lot 1, located on file in the city clerk’s office.

(b) The licensing authority shall not approve the transfer of a license granted pursuant to this section to any other person, partnership, corporation, or organization for a period of 3 years from the date of original issuance; provided further that the licensing authority shall not approve the transfer of a license under this section to a location outside of the North Shore Mall.  A license issued under this section shall be clearly marked on its face “North Shore Mall License Only” and “Nontransferable”.

(c) If a license granted under this section is revoked, surrendered, or no longer in use, 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 at a location within the North Shore Mall under the same conditions as specified in this section; provided however that the applicant therefore files a letter in writing from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with the those entities and that all applicable taxes, fees, and contributions have been paid.

SECTION 3.  (a) The licensing authority of the city of Peabody shall grant 5 of the licenses for the sale of all alcoholic beverages to be drunk on the premises only to establishments located at 9 Main Street; 2 Washington Street; 0 Foster Street; 166 Main Street; and 88 Main Street in the city of Peabody, Massachusetts.

(b) The licensing authority shall not approve the transfer of a license granted under this section to any other location, but it may grant such a license to a new applicant only at the same location if the applicant therefore files with the licensing authority a letter from the department of revenue and a letter from the department 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.

(c) If a license granted under this section is cancelled, revoked or no longer in use at the location of original issuance, 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 conditions as specified in this section.

SECTION 4.  Notwithstanding section 12 of chapter 138 of the General Laws, the additional licenses authorized in this act shall be subject to an original license fee of $5,000, in addition to the annual fee for existing all alcoholic beverages licenses in the City of Peabody; provided such fee is to be due and payable upon the original granting of any such license and also upon reissuance of any such license pursuant to this act.

SECTION 5.  This act shall take effect upon its passage.