FILED ON: 10/19/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5061

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act authorizing the town of Plainville 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 town of Plainville may grant 5 additional licenses for the sale of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 and 1 additional license for the sale of all alcoholic beverages not to be drunk on the premises under section 15 of said chapter 138, to establishments located within the town's 2 zoned development areas, as defined by the town's zoning map, as it existed as of October 17, 2018, upon approval of and under conditions set by the licensing authority of the town of Plainville. A license granted under this act shall be clearly marked on its face “Route 1 Corridor” or “Central Business District/Downtown Area” and shall be subject to all of said chapter 138 except said section 17.

(b) The licensing authority shall restrict the 5 licenses for the sale of all alcoholic beverages to be drunk on the premises under section 12 and 1 license for the sale of all alcoholic beverages not to be drunk on the premises under section 15 authorized in this act to the 2 zoned development areas as follows:

(1) Three licenses for the sale of all alcoholic beverages to be drunk on the premises under section 12 and 1 license for the sale of all alcoholic beverages not to be drunk on the premises under section 15 shall be issued to establishments located within the Route 1 Corridor, to comprise the area to include parcels immediately along Route 1 and Taunton Street, as those areas are designated as Route 1 Corridor on the map; provided, however, that for the purposes of this paragraph, “map” shall mean the parcel specific corridor areas designated as Route 1 Corridor, dated October 17, 2018, a copy of which is on file in the office of the Plainville town clerk; and

(2) Two licenses for the sale of all alcoholic beverages to be drunk on the premises under section 12 shall be issued to establishments located within the Central Business District/Downtown Area, to comprise the area to include parcels immediately along: (A) South Street, (B) West Bacon Street from South Street until Fletcher Street, or (C) East Bacon Street from South Street until Pleasant Street, as those areas are designated as Central Business District/Downtown Area on the map; provided, however, that for the purposes of this paragraph, “map” shall mean the parcel specific corridor areas designated as Central Business District/Downtown Area, dated October 17, 2018, a copy of which is on file in the office of the Plainville town clerk.

(c) A license granted under this act shall only be exercised in the dining room of a common victualler and in such other public rooms or areas as may be deemed reasonable and appropriate by the licensing authority as certified in writing.

(d) The licensing authority shall not approve the transfer of a license granted under this act to a location outside of the initial zoned area as defined in paragraph (1) or (2) of subsection (b) but it may grant a license to a new applicant within the initial zoned area as defined in said paragraph (1) or (2) of subsection (b) 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, fees and contributions have been paid.

(e) If a licensee terminates or fails to renew a license granted under this act or any such license granted under this act is cancelled, revoked or no longer in use, the license shall be returned physically, with all of the legal rights, privileges are restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant in the town’s two zoned development areas under the same conditions as specified in this act.

(f) All licenses granted under this act shall be issued within 2 years after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (d) or (e) thereafter.  

SECTION 2. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Plainville may grant an additional license for the sale of wines and malt beverages not to be drunk on the premises, under section 15 of said chapter 138, to Westwood Property Management LLC. d/b/a Plainville shell station, located at 10 Taunton street in the town of Plainville. The license shall be subject to all of said chapter 138 except said section 17.

(b) The licensing authority shall not approve the transfer of the license granted under this section 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, fees and contributions have been paid.

(c) If a licensee terminates or fails to renew a license granted under this section or 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 the same location under the same conditions as specified in this act.

(d) All licenses granted under this section shall be issued within 1 year after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (b) or (c) thereafter.

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