SECTION 1. Notwithstanding Sections 11, 11A and 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the board of selectmen of the town of Rockport may place upon the official ballot to be used at the next annual or special town election the following question:

Shall the Board of Selectmen by authorized to grant up to 2 year-round licenses for the sale of beer and wine at a gourmet or specialty food store not to be consumed on the premises?

Yes___

No____

If a majority of votes cast in answer to the question are in the affirmative, the town may grant up to two licenses for the sale of alcoholic beverages not to be consumed on the premises. The Board of Selectmen may from time to time issue regulations for the granting of the licenses and define terms appropriate to carrying out the objectives of this act. The granting of such licenses shall in all other respects by governed by said chapter 138.

(b) The Board of Selectmen may not approve the transfer of a license to a new location but may approve a transfer of a license issued pursuant to this act to a new applicant at the same location if the applicant files 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.

If a license granted pursuant to this act is cancelled, revoked or no longer in use, it shall be returned physically, with all rights, privileges and restrictions pertaining thereto, to the Board of Selectmen and the Board may then grant the license to a new applicant under the same conditions specified in this act.

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