HOUSE DOCKET, NO. 5470        FILED ON: 10/21/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5372

The Commonwealth of Massachusetts

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PRESENTED BY:

Jeffrey N. Roy

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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 town of Franklin to grant an additional liquor license.

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PETITION OF:

HOUSE DOCKET, NO. 5470        FILED ON: 10/21/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5372

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 Franklin to grant an additional liquor license.

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 city known as the town of Franklin acting through the Franklin town council, as the local licensing authority, may grant an alcoholic beverages license pursuant to section 15 of said chapter 138, for the sale at retail of all alcoholic beverages not to be drunk on the premises to MADD Deli, Inc. d/b/a Dacey’s Market located at 353 Lincoln street in the town of Franklin. The Franklin town council shall grant said license only after compliance with the publication, notice and hearing requirements contained in section 15A of said chapter 138, and its determination that the grant of said license satisfies the public need.

(b) Upon the Franklin town council’s grant of said license in accordance with subsection (a), the section 15 wines and malt beverages not to be drunk on the premises license issued to MADD Deli, Inc. d/b/a Dacey’s Market pursuant to the authority granted to the town of Franklin by chapter 382 of acts of 2020 shall be null and void.

(c) The licensing authority shall not approve the transfer of the license granted pursuant to this act 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.

(d) If a licensee terminates or fails to renew a license granted under this section or any such license is canceled, 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 section.

(e) All licenses granted pursuant to this act 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 pursuant to subsection (c) or (d) thereafter.

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