HOUSE  .  .  .  .  .  .  .  .  No. 5297

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, September 29, 2022.

The committee on Consumer Protection and Professional Licensure to whom was referred the joint petition (accompanied by bill, House, No. 4325) of Angelo L. D'Emilia and Marc R. Pacheco (by vote of the town) that the town of Raynham be authorized to grant two additional licenses for the sale of all alcoholic beverages not to be drunk on the premises in said town, reports recommending that the accompanying bill (House, No. 5297) ought to pass [Local Approval Received].

For the committee,

TACKEY CHAN.

        FILED ON: 9/27/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5297

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 town of Raynham to grant additional licenses for the sale of all alcoholic beverages not to be drunk on the premises.

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 17 of chapter 138 of the General Laws, the licensing authority of the town of Raynham may grant two additional licenses for the sale of all alcoholic beverages not to be drunk on the premises under the provisions of section 15 of said chapter 138 to establishments located within the two development zones as those areas are defined in subsection (b).  A license granted under this section shall be clearly marked on its face “748 New State Highway Restricted” or “Broadway Restricted” and shall be subject to all of said chapter 138 except said section 17.

(b) The licensing authority shall restrict the 2 licenses as follows: (i) one license shall be issued to an establishment located at 748 New State Highway, US-44; and (ii) one license shall be issued to an establishment located on Broadway, MA-138, between its intersection with Interstate-495 and Center Street. 

(c)  The licensing authority shall not approve the transfer of a license granted under this act to a location outside of the area for which the license was initially granted, but it may grant a license to a new applicant within the area for which the license was initially granted 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.

(d) A license granted under this act shall not be sold or transferred by the licensee. 

(e) If a licensee terminates or fails to renew a license granted under clause (i) of subsection (b) or the license granted under said clause is cancelled, revoked or no longer in use it shall be returned physically, with all the of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, and the licensing authority may, within 3 years after such return, then grant the license to a new applicant under the same conditions as specified in this section, otherwise such license shall dissolve.

(f) If a licensee terminates or fails to renew a license granted under clause (ii) of subsection (b) or the license granted under said clause is cancelled, revoked or no longer in use it shall be returned physically, with all the 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 under the same conditions as specified in this section.

(e)  A license granted pursuant to this section shall be issued within 1 year after the effective date of this act; provided, however, that if the license is originally granted within that time period, the license may be granted to a new applicant pursuant to subsections (c) through (f) thereafter. 

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