Bill S.114

SENATE DOCKET, NO. 2044 FILED ON: 1/20/2017

SENATE . . . . . . . . . . . . . . No. 114

By Ms. Donoghue, a petition (accompanied by bill, Senate, No. 114) of Eileen M. Donoghue and Sheila C. Harrington for legislation to authorize the issuance of temporary licenses for the sale and auction of wines and malt beverages by nonprofit charitable corporations. Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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

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An Act authorizing the issuance of temporary licenses for the sale and auction of wines and malt beverages by nonprofit charitable corporations.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the issuance of certain licenses for the sale of wines and malt beverages at certain auctions not to be drunk on the premises and for the sale of wines to be drunk on the premises for nonprofit charitable corporations, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Chapter 138 of the General Laws is hereby amended by inserting after section 14A the following section:-

Section 14B. (a) Notwithstanding any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of alcoholic beverages may, with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wines and malt beverages at auction not to be drunk on the premises to applicants which are nonprofit charitable corporations organized under chapter 180 and registered with the non-profit organizations and public charities division of the office of the attorney general. Each such temporary license shall describe the premises to which the license applies and shall be granted only for premises that are the principal place of business or headquarters of the applicant or a location owned or leased by the applicant from which the applicant regularly conducts business and which are legally zoned to allow such sales or which are the premises of a licensee under section 12 or 15. The temporary license shall not be valid for more than 10 consecutive calendar days and a holder of a temporary license shall not be granted more than 5 licenses in a calendar year. The fee for a temporary license under this subsection shall not exceed the minimum fee provided for holders of licenses to sell wines and malt beverages. A holder of a temporary license under this subsection may conduct such auctions on any day and at any time permitted under said section 12. Any wines or malt beverages sold under this section shall be donated at no charge to the license holder and all proceeds from such sales shall be used for the license holder's charitable purposes. The application procedures under section 15A shall not apply to temporary licenses under this subsection; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for the granting licenses under section 14. Local licensing authorities may impose conditions as to the hours of operation of auctions and other necessary and reasonable terms and conditions.

(b) Notwithstanding any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of an alcoholic beverage may, with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wines and malt beverages at auctions, not to be drunk on the premises, to applicants which are licensees under section 15. Each such temporary license shall describe the premises to which it applies and shall be granted only for premises that are the principal place of business or headquarters of the applicant and which are legally zoned to allow such sales or which are the premises of a licensee under said section 15. The temporary license shall not be valid for more than 10 consecutive calendar days and a holder of any such temporary license shall not be granted more than 2 such temporary licenses in a calendar year. The fee for the temporary license shall not exceed the minimum fee provided for holders of licenses to sell wines and malt beverages. A holder of a temporary license under this subsection shall be permitted to conduct such auctions on any day and at any time permitted under said section 15. The application procedures under section 15A shall not apply to temporary licenses under this subsection; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for granting licenses under section 14. Local licensing authorities may impose conditions as to the hours of operation of auctions and such other terms and conditions as may be deemed to be necessary and reasonable.

(c) Notwithstanding any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of an alcoholic beverage may with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wines and malt beverages at auction not to be drunk on the premises to joint applicants which consist of not less than 1 nonprofit charitable corporation organized under chapter 180 and registered with the non-profit organizations and public charities division of the office of the attorney general and a licensee under section 12 or 15. The temporary license shall describe the premises to which it applies and shall be granted only for the premises of the joint applicant which is a licensee under said section 12 or 15. The temporary license shall not be valid for more than 10 consecutive calendar days and a holder of any such temporary license shall not be granted more than 2 such licenses in a calendar year. The fee for such temporary license shall not exceed the minimum fee provided for holders of licenses to sell wines and malt beverages. A holder of a temporary license under this subsection shall be permitted to conduct such sales on any day and at any time permitted under said section 12. Any wines or malt beverages sold under this subsection may be donated at no charge to the license holder. A majority of the proceeds from such sales shall be used for the charitable corporation license holder's charitable purposes. The application procedures under section 15A shall not apply to such temporary licenses under this subsection; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for granting licenses under section 14. Local licensing authorities may impose conditions as to the hours of operation auctions under this subsection and such other terms and conditions as may be deemed to be necessary and reasonable.

(d) Notwithstanding any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of an alcoholic beverage may, with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wines and malt beverages to be drunk on the premises, to applicants which are nonprofit charitable corporations organized under chapter 180 and registered with the non-profit organizations and public charities division of the office of the attorney general. Each such temporary license shall describe the premise to which it applies and shall be granted only for premises that are the principal place of business or headquarters of the applicant and which are legally zoned to allow such sales or which are the premises of a licensee under section 12. The temporary license shall not valid for more than 10 consecutive calendar days and a holder of any such temporary license shall not be granted more than 2 such licenses in a calendar year. The fee for the temporary license shall not exceed the minimum fee provided for holders of licenses to sell wines and malt beverages. A holder of a temporary license under this subsection shall be permitted to conduct such sales on any day and at any time permitted under said section 12. Any wines or malt beverages sold under this subsection shall be donated at no charge to the license holder and any wines and malt beverages donated may be dispensed by the employees or agents of the donors of the wines or malt beverages, without compensation for the dispensing services. All proceeds from such sales shall be used for the license holder’s charitable purpose. The application procedures under section 15A shall not apply to temporary licenses under this subsection; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for granting licenses under section 14. Local licensing authorities may impose conditions as to the hours of operation of sales of wines and malt beverages under this subsection and such other terms and conditions as may be deemed to be necessary and reasonable.

(e) Notwithstanding any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of an alcoholic beverage may with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wines and malt beverages to be drunk on the premises, to joint applicants which consist of not less than 1 nonprofit charitable corporation organized under chapter 180 and registered with the non-profit organizations and public charities division of the office of the attorney general and a licensee under section 12. The temporary license shall describe the premises to which it applies and shall be granted only for the premises of the joint applicant which is a licensee under said section 12. The temporary license shall not be valid for more than 10 consecutive calendar days and a holder of any such temporary license shall not be granted more than 2 such licenses in a calendar year. The fee for such temporary license shall not exceed the minimum fee provided for holders of licenses to sell wines and malt beverages. A holder of a temporary license under this subsection shall be permitted to conduct such sales on any day and at any time permitted under said section 12. Any wines or malt beverages sold under this section may be donated at no charge to the license holder and any wines or malt beverages donated may be dispensed by the employees or agents of the donor of the wines and malt beverages without compensation for the dispensing services. A majority of the proceeds from such sales shall be used for the charitable corporation license holder's charitable purposes. The application procedures under section 15A shall not apply to such temporary licenses under this subsection; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for granting licenses under section 14. Local licensing authorities may impose conditions as to the hours of operation for the sale of wines and malt beverages under this subsection and such other terms and conditions as may be deemed to be necessary and reasonable.

SECTION 2. Chapter 153 of the acts of 1997 is hereby repealed.

Name:	District/Address:
Eileen M. Donoghue	First Middlesex
Sheila C. Harrington	1st Middlesex