HOUSE DOCKET, NO. 5166        FILED ON: 11/17/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4737

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul Tucker

_________________

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 Salem to convert certain seasonal liquor licenses to annual licenses and grant additional licenses for the sale of all alcoholic beverages to be drunk on the premises.

_______________

PETITION OF:

HOUSE DOCKET, NO. 5166        FILED ON: 11/17/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4737

The Commonwealth of Massachusetts

_______________

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

_______________

An Act authorizing the City of Salem to convert certain seasonal liquor licenses to annual licenses and grant additional licenses for the sale of all alcoholic 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. (a) Notwithstanding section 18 and 17A of chapter 138 of the General Laws, the licensing authority of the City of Salem may:

1) grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to ZXE, LLC, d/b/a Merchant Hotel, to be located at 148 Washington Street;

2) grant 1 additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Brew on the Grid Salem, LLC, d/b/a Brew on the Grid, to be located at 217 Essex Street; and

3) convert 1 currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138, currently issued to Salem BC, LLC, d/b/a Bonchon, located at 299 Essex Street to an annual license for the sale of all alcoholic beverages to be drunk on the premises under said section 12 of said chapter 138.

An application for conversion of a seasonal wine and malt license to an annual wine and malt license shall not be required to notify abutters as required by section 15A of said chapter 138.

An annual license granted under this section shall be subject to all of said chapter 138 except section 17 and 17A.

(b) The licensing authority shall not approve the transfer of a license granted pursuant to this act to any other location, but it may grant the license to a new applicant at the same location if the applicant 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 departments and that all applicable taxes have been paid.  If a license granted pursuant to this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in this act.

SECTION 2. (a) The city of Salem shall charge a fee for the granting of an annual license for the sale of alcoholic beverages pursuant to this act, which shall be paid by the licensee at the time of issuance, unless the licensing authority agrees to enter into a contract with the licensee to allow the division of the fee into multiple payments over time from a licensee.  If the city elects to accept multiple payments over time from a licensee, the option shall be made available, upon request, to all qualified applicants for a license.

(b) Any fee collected by the city of Salem for a license granted under this act which is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into the city's economic development account and expended by it in a manner consistent with the purposes of this account.

SECTION 3. This act shall take effect upon its passage.