HOUSE DOCKET, NO. 4279        FILED ON: 6/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3908

The Commonwealth of Massachusetts

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PRESENTED BY:

Frank A. Moran

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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 authorizing the city of Lawrence to establish a program for enforcement against illegal bars and illegal casinos.

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PETITION OF:

HOUSE DOCKET, NO. 4279        FILED ON: 6/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3908

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the city of Lawrence to establish a program for enforcement against illegal bars and illegal casinos.

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. Notwithstanding section 2 of chapter 138 of General Laws or any general or special law to the contrary, no person shall manufacture, with intent to sell, sell or expose or keep for sale, store, transport, import or export alcoholic beverages or alcohol in the city of Lawrence unless licensed  pursuant to said chapter 138. A violation of this section shall be punished by a fine of not less than $100 nor more than $10,000, or by imprisonment of not more than 1 year, or both.

SECTION 2. Notwithstanding any general or special law to the contrary, no person, partnership organization, association, society or corporation, not licensed pursuant to section 12 of chapter 138 of the General Laws, shall own, maintain, lease or otherwise furnish to its members, their guests or other persons any premises, building, apartment or place in the city of Lawrence wherein such members, guests or other persons may engage in a gathering whereby the drinking of alcoholic liquor for a fee or other consideration is occurring. For the purposes of this section, “fee or other consideration” shall  include the sale of food, mixers, ice or other fluids used with alcoholic drinks, or the storage of alcoholic liquor. Violations may be assessed on any person, organization or business responsible for organizing, hosting or allowing a gathering conducted, or in the alternative, against the owner, lessee or other person who has legal control of the property where the gathering occurred. 

SECTION 3. The city of Lawrence may enforce section 2 by prosecuting criminal or civil actions in the housing court, superior court or the district court of Lawrence or by issuing a citation as an administrative disposition of non-criminal violations in a manner provided by chapter 40U of the General Laws. No action commenced as a criminal action shall be converted to a civil enforcement action except with consent of the city. 

SECTION 4. A person convicted of a violation of section 2 shall be punished by a fine of not less than $5,000 no more than $10,000 or by imprisonment in the house of correction for not more than 7 days or by both such fine and imprisonment.  A person found responsible in a civil action for a violation for section 2 shall be required to pay a civil penalty of not less than $5,000 and not more than $10,000. The court may also issue other orders and injunctions to remedy the circumstances of each case. Any non-criminal citations issued under section 2 shall not be more than $5,000. 

SECTION 5. Notwithstanding any general or special law to the contrary, no person, partnership, organization, association, society or corporation, not licensed pursuant to chapter 23K of the General Laws, shall own, maintain, lease or otherwise furnish its members, their guests or other persons any premises, building, apartment or place in the city of Lawrence wherein such members, guests or other persons may engage in a gathering whereby gambling is occurring. Violations may be assessed on any person, organization or business responsible for organizing, hosting, or allowing a gathering conducted, or in the alternative, against the owner, lessee or other person who has legal control of the property where the gathering occurred. 

SECTION 6. The city of Lawrence may enforce section 5 by issuing a citation for not more than $5,000 as an administrative disposition of non-criminal violations in a manner provided by chapter 40U of the General Laws. 

SECTION 7. The following factors, while not exclusive, may be used as evidence of the presence of a violation of sections 2 and 5: (1) service facilities for alcoholic beverages with or without food service; (2) low lighting levels; (3) entertainment of recorded music; (4) operating past regular hours; (5) tables, seating, and furniture arranged or positioned so as to create gathering space; (6) occupant load density; (7) drinking; (8) smoking tobacco on premises; (9) storage of alcoholic beverages on premises; (10) use or storage of hookah apparatus; (11) collection of fee, sale of alcohol, sale of tobacco, or other consideration; (12) storage or use of gambling machines or other entertainment devices; and (13) use of a building or area beyond the scope of the building code, local zoning ordinance, or any authorized use. 

SECTION 8. All fines and penalties collected for violations of this act shall be paid to the city of Lawrence.

SECTION 9. Notwithstanding section 53 of chapter 44 of the General Laws or any other general law or special law to the contrary, the city shall establish and maintain an Illegal Bars and Casino Enforcement Fund. All fines and penalties collection pursuant to this act  shall be deposited into the fund. The city treasurer may invest money in the fund in the manner authorized by sections 55 and 55B of said chapter 44 and interest earned on the fund shall be credited to and become part of the fund. The city shall appropriate and expend amounts from the fund to finance the enforcement of this act and to finance programs and personnel involved in the enforcement of illegal bars and casinos in the city of Lawrence. 

SECTION 10. This act shall take effect upon its passage.