HOUSE  .  .  .  .  .  .  .  .  No. 5416

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, December 8, 2022.

The committee on Municipalities and Regional Government to whom was referred the petition (accompanied by bill, House, No. 5407) of Rady Mom, Edward J. Kennedy and Vanna Howard (with the approval of the city council) that the city of Lowell be authorized to transfer ownership of Edward A. LeLacheur Park from said city to the University of Massachusetts Building Authority, reports recommending that the accompanying bill (House, No. 5416) ought to pass [Local Approval Received].

For the committee,

PAUL F. TUCKER.

        FILED ON: 12/7/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5416

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 relative to the Lowell Civic Stadium Commission and Edward A. LeLacheur Park.

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. Chapter 325 of the acts of 1994, as amended by chapter 79 of the acts of 1995, chapter 205 of the acts of 1996, and chapter 19 of the acts of 2010, is hereby repealed.

SECTION 2.  For the purpose of this act, the following words shall have the following meanings:—

“Civic stadium”, shall mean the Edward A LeLacheur Park, a multipurpose outdoor stadium located in the city of Lowell consisting of one or more single or multipurpose structures and facilities designed and constructed to provide accommodations for large public and private gatherings which are civic, cultural, athletic, commercial or entertainment in nature located at 450 Aiken Street, Lowell, Massachusetts, shown as parcels 1,2,3 and 4 on a plan of land entitled, “Plan of LeLacheur Park, 450 Aiken Street, Lowell, Massachusetts”, dated August 12, 2022, prepared by Hancock Associates, and recorded in the Middlesex northern registry of deeds in plan book 250, page 103. 

“Building authority”, the University of Massachusetts Building Authority.

“University”, the University of Massachusetts.

SECTION 3.  Notwithstanding section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws, section 14 of chapter 149A of the General Laws or any other general or special law or ordinance or regulation relative to the operation, planning, design, construction or improvement to real property to the contrary, the building authority may utilize such alternative means of procurement as the building authority determines to be reasonable and prudent under the circumstances, for the design, construction, maintenance and operation of the civic stadium. Provided further, that sections 26 to 27H, inclusive, of chapter 149 of the General Laws shall apply to all construction, reconstruction, installation, demolition, maintenance and repair.

Notwithstanding any general or special law to the contrary, the building authority may enter into lease agreements for terms that exceed 99 years.

SECTION 4.  Notwithstanding the provisions of any general or special law or ordinance to the contrary, the building authority shall not incur any violations, fines or penalties in connection with maintenance, operation, repair or improvements of the civic stadium for a period of five (5) years.

SECTION 5. Notwithstanding any limitation on the number of licenses which may be issued under section 17 of chapter 138 of the General Laws, the licensing commissioners of the city of Lowell shall issue to the building authority, in this section called the authority, the university, a non-profit supporting organization of the university as designated by the university or to any other persons or entities operating the civic stadium under a contract with the authority or the university, or who has been granted a concession by the authority or the university for the sale of food and alcoholic beverages, a license as a common victualler to serve all alcoholic beverages to be drunk on the premises of the civic stadium or any part thereof and the provisions of sections 12A and 16C of said chapter 138 shall not apply to the premises. A licensee shall not be required by the licensing board under the provisions of section 12 of said chapter 138 to have the licensed premises open during any hours when there is no activity being conducted in the civic stadium.

(b) Notwithstanding any general or special law or ordinance to the contrary, the licensing commissioners may issue to the authority, the university, a non-profit supporting organization of the university as designated by the university or to any other persons operating the civic stadium under a contract or who has been granted a concession for the sale of food or beverages a common victualler's license for the premises of the civic stadium or any part thereof pursuant to section 2 of chapter 140 of the General Laws; provided, however, the provisions of section 5 of said chapter 140 shall not apply to the license so issued.

SECTION 6.  Notwithstanding any general or special law to the contrary, all existing contractual rights and obligations of the Lowell arena and civic stadium commission with respect to the Edward A. LeLacheur Park, also known as the civic stadium, shall become the contractual rights and obligations of the University of Massachusetts Building Authority.

SECTION 7.  Section 1 shall take effect 30 days after the deed evidencing the sale of the Edward A. LeLacheur Park, also known as the civic stadium, to the University of Massachusetts Building Authority, is filed with the registry of deeds, or on January 30, 2023, whichever occurs first.