HOUSE DOCKET, NO. 2216        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1987

The Commonwealth of Massachusetts

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PRESENTED BY:

Aaron Michlewitz

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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 relative to fines for license violations.

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PETITION OF:

HOUSE DOCKET, NO. 2216        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1987

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to fines for license violations.

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. Section 23 of chapter 138 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Whenever, in the opinion of the local licensing authorities, any applicant for a license under section twelve, fourteen, fifteen or thirty A fails to establish to their satisfaction his compliance with the requirements of this chapter, or any other reasonable requirements which they may from time to time make with respect to licenses under said sections, respectively, or to the conduct of business by any licensee thereunder, said authorities may refuse to issue or reissue to such applicant any such license; and whenever in their opinion any holder of such a license fails to maintain compliance with this chapter or it appears that alcoholic beverages are being or have been sold, served or drunk therein in violation of any provision of this chapter, they may, after hearing or opportunity therefor, modify, suspend, revoke or cancel such license, or may levy a fine in accordance with local licensing rules and regulations. The local licensing authorities shall transfer the amount of any fines collected to the general fund of the city or town.  Whenever the local licensing authorities deny an application for a new license, refuse to issue a license or modify, suspend, revoke or cancel a license, deny an application for transfer of location or between persons or change of a description of the licensed premises, or levy a fine, the licensing authorities shall mail a notice of such action to the applicant or licensee, stating the reasons for such action and shall at the same time mail a copy of such notice to the commission.

SECTION 2.  Section 183A of chapter 140 of the General Laws, as so appearing , is hereby amended by inserting at the end of the ninth paragraph the following sentences:-

The licensing authorities may also levy a fine against the license holder for any such violation in accordance with regulations which shall be promulgated by the licensing authorities.  Any fines collected by the licensing authorities shall be deposited into the general fund of the city or town.

SECTION 3.  This act shall take effect upon passage.