HOUSE DOCKET, NO. 4926        FILED ON: 7/13/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4525

The Commonwealth of Massachusetts

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PRESENTED BY:

Jerald A. Parisella and 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 city of Beverly to grant additional licenses for the sale of alcoholic beverages.

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PETITION OF:

HOUSE DOCKET, NO. 4926        FILED ON: 7/13/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4525

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act authorizing the city of Beverly to grant additional licenses for the sale of alcoholic beverages.

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. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Beverly may grant; (i) 6 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138; provided, however, that 2 of these licenses shall be restricted to establishments with seating capacities of not more than 150 persons; and (iii) 3 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138; provided, however, these licenses shall be restricted to specialty grocery stores as defined in subsection (b). The licenses shall be subject to all of said chapter 138 except said section 17.  The licensing board may restrict the all alcoholic beverage licenses to a holders of a common victualler license.

(b)  For the purposes of this act, “specialty grocery store” shall mean retail food markets that are limited in scale and offer food provisions including, but not limited to, fresh produce, dairy, baked goods and meats similar to a delicatessen or green grocer.  A specialty grocery store may include locally-grown or locally-made food and beverages and may also include prepared food for consumption off the premises.

(c) Notwithstanding sections 12 and 15 of chapter 138 of the General Laws, a license issued pursuant to this act may be subject to an initial, 1-time acquisition fee in an amount to be determined by the city of Beverly which shall be in addition to any existing annual license fee applicable in the city of Beverly for the sale of wines and malt beverages to be drunk on the premises, for the sale of all alcoholic beverages to be drunk on premises or for the sale of all alcoholic beverages not to be drunk on the premises, as the case may be.  The initial 1-time acquisition fee shall be due and payable upon the original issuance of the license and also upon the issuance of any such license to a new applicant under this act.

(d) Once issued, a granted issued pursuant to this act shall not be transferable to any other location but it may be granted to a new applicant at the same location if the applicant files 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 the those departments and that all applicable taxes, fees and contributions have been paid.

(e) If a license issued under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority, and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this act. 

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