FILED ON: 10/7/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2366

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 relative to the granting of alcoholic beverages licenses in the town of Boxford.

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 Boxford may grant one additional license for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Boxford Community Store, Inc., located at 7 Elm Street in the town of Boxford, and one additional other license for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 to an establishment located in the B-1 Retail Business District, as this area is defined by the town’s zoning map, existing as of August, 2012, upon approval of and under conditions set by the licensing authority of the town of Boxford. Said other license granted pursuant to this section to an establishment located in the B-1 Retail Business District shall be clearly marked on its face “B-1 Retail Business District”. All licenses granted under this section shall be subject to all of said chapter 138, except said section 17.

(b) The licensing authority of the town of Boxford shall restrict the one other B-1 Retail Business District license authorized in subsection (a) to an establishment within the B-1 Retail Business District to comprise the area to include Retail Business District 〖B˗1〗^A, 〖B˗1〗^B,〖B˗1〗^C,〖and B˗1〗^D, as those areas are designated as B-1 Retail Business District on the map; provided, however, that for the purposes of this paragraph, “map” shall mean the parcel specific corridor areas designated as B-1 Retail Business District, dated August, 2012; a copy of which is on file in the office of the Boxford town clerk.

(c) A license granted under this section shall only be exercised in the dining room of a common victualler and 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 section to a location outside of the specific location or a B-1 Retail Business District license granted under this section to a location outside of the zoned area as described in subsections (a) and (b), but it may grant said license to a new applicant within the specific location or said other B-1 Retail Business District license to a new applicant within the zoned area as described in subsections (a) and (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 any license granted under this section is cancelled, revoked or no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, which may then grant said license to a new applicant at the same location, or may grant said other B-1 Retail Business District license to a new applicant at another location in the zoned area as described in subsections (a) and (b) under the same conditions as specified in this section.

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

SECTION 2. Notwithstanding section 11 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Boxford may grant special licenses for the sale of alcoholic beverages in accordance with section 14 of chapter 138 to a responsible manager conducting an indoor or outdoor activity or enterprise for a gathering of less than 500 persons. The licenses shall be subject to any other requirements that the Board of Selectmen may deem appropriate.

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