SENATE DOCKET, NO. 1792        FILED ON: 3/20/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1756

The Commonwealth of Massachusetts

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PRESENTED BY:

Joan B.  Lovely

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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 issuance of a certain license for the retail sale of bottled wine in the town of Topsfield.

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PETITION OF:

SENATE DOCKET, NO. 1792        FILED ON: 3/20/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1756

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4437 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act authorizing the issuance of a certain license for the retail sale of bottled wine in the town of Topsfield.

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 the provisions of sections 11, 15, 15F, 17 and 19B of chapter 138 of the general laws, or of any other general or special law to the contrary, the licensing authority of the town of Topsfield is authorized to grant to the Alfalfa Farm Winery at 267 Rowley Bridge Road, Topsfield, a license for the sale at retail not to be drunk on the premises of bottled wine produced by or for said winery and sold under the winery brand name, provided that said owner meets all the other requirements for the issuance of the license and holds a farmer-winery license issued by the Commonwealth under section 19B of said chapter 138.  The issuance of such license shall not be construed to grant permission to said winery to sell wine at a farmer’s market under section 15F of said chapter 138 or to sell glasses of wine on the premises under section 12 of said chapter 138.  The license shall be subject to all of said chapter 138 except as set forth herein.  The licensing authority shall not approve the transfer of the license to any other applicant or to any other location. 

Section 2.  Such licensing authority may authorize the licensee to provide, with or without charge, on premises sample tastings for prospective customers of wine available for sale on such premises; provided, however, that: (1) all such samples shall be served by an agent, representative, or solicitor of the licensee to individuals who are at least 21 years of age and consumed in the presence of such agent, representative or solicitor; (2) no sample shall exceed 1 ounce of wine; and (3) no more than 5 samples shall be served to an individual prospective customer.  The licensing authority may impose such additional reasonable conditions on its authorization to conduct tastings as it deems appropriate, including but not limited to the complimentary provision of food in conjunction with provision of samples, the hours and length of time during which samples may be provided, and the number of times per week or month that samples or advertised tastings may be provided

Section 3.  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 4.  This act shall take effect upon its passage.