FILED ON: 12/29/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4786

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 Medford to grant 15 additional licenses for the sale of 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. (a) Notwithstanding sections 11 and 17 of chapter 138 of the General Laws, any vote cast in the city of Medford pursuant to chapter 595 of the acts of 1977 or any other general or special law to the contrary, the licensing authority of the city of Medford may grant 15 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to restaurants with a seating capacity of at least 19 persons. Licenses granted under this section shall be subject to all of said chapter 138 except said sections 11 and 17.

(b) The licensing authority shall restrict the licenses authorized by this section to entities located in an economic development area, the boundaries of which are described as follows in accordance with the 2000 United States census, in the following manner:

(i) 2 licenses may be granted to entities located in the West Medford Area: Census Tracts 3393 and 3392;

(ii) 2 licenses may be granted to entities located in the Medford Square Area: Census Tract 3391;

(iii) 2 licenses may be granted to entities in the Hillside Area: Census Tracts 3394, 3395, 3399 and 3400;

(iv) 2 licenses may be granted to entities in the South Medford Area: Census Tracts 3396 and 3397;

(v) 2 licenses may be granted to entities in the Wellington Area: Census Tract 3398; and

(vi) 5 licenses may be granted to entities located in any of the economic development areas listed in clauses (i) to (v), inclusive.

(c) A license granted under this section shall only be exercised in the dining room of a restaurant and in such other public rooms or areas as may be deemed reasonable and proper by the licensing authority as certified in writing. The licensing authority shall not require as a condition to granting of a license under this section that parking be provided for the licensed establishment other than the parking that is required by applicable zoning laws or regulations.

(d)  The licensing authority shall not approve the sale or transfer of a license granted pursuant to this section.  If a licensee terminates or fails to renew a license granted pursuant to this section or if any such license 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 a location within an economic development area defined in subsection (b) under the same conditions as specified in this section.   

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