HOUSE . . . . . . . . No. 5429
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The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, December 19, 2022.
The committee on Consumer Protection and Professional Licensure to whom was recommitted the petition (accompanied by bill, House, No. 5367) of Bradley H. Jones, Jr., Bruce E. Tarr and Sally P. Kerans (by vote of the town) that the town of Middleton be authorized to grant eight additional licenses for the sale of alcoholic beverages in said town, reports recommending that the accompanying bill (House, No. 5429) ought to pass [Local Approval Recieved].
For the committee,
TACKEY CHAN.
FILED ON: 12/16/2022
HOUSE . . . . . . . . . . . . . . . No. 5429
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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 Middleton to grant up to 8 alcoholic beverages licenses.
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 Middleton may grant under conditions set by the licensing authority: (i) 2 additional licenses for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 2 additional licenses for the sale of wine and malt beverages not to be drunk on the premises pursuant to section 15 of said chapter 138; (iii) 2 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138; and (iv) 2 additional seasonal licenses for the sale of wine and malt beverages, pursuant to sections 17A and 17B of said chapter 138 to establishments in locations as described in subsection (b). A license granted under this act shall be subject to all of chapter 138 except section 17.
(b) The licensing authority shall restrict the 8 licenses authorized in this act as follows:
(i) Of the 2 licenses for wine and malt beverages to be drunk on the premises, one of which shall be issued to an establishment located on Maple Street in Middleton between the Ipswich River and the Danvers town line with frontage on Maple Street, and one of which shall be issued to an establishment located on South Main Street in Middleton between Boston Street and the Danvers town line with frontage on South Main Street;
(ii) Of the 2 licenses for the sale of wine and malt beverages not to be drunk on the premises, one of which shall be issued to an establishment located on North Main Street in Middleton between Piedmont Street and the North Andover town line with frontage on North Main Street, and one of which shall be issued to an establishment located on South Main Street in Middleton between Meadow Drive and the Danvers town line with frontage on South Main Street;
(iii) Of the 2 licenses for the sale of all alcoholic beverages not to be drunk on the premises, one of which shall be issued to an establishment located on South Main Street in Middleton between Forms Way and the Danvers town line with frontage on South Main Street, and one of which shall be issued to an establishment located on Maple Street in Middleton between the Ipswich River and the Danvers town line with frontage on Maple Street; and
(iv) Of the 2 seasonal licenses for the sale of wine and malt beverages both of which shall be issued to establishments located on Route 114 in Middleton, between the North Andover town line and the Danvers town line with frontage on Route 114.
(c) A license for the sale of wine and malt beverages to be drunk on the premises under said sections 12 or 17A of said chapter 138 granted under this act shall only be exercised in the dining room of a common victualler and in such other public rooms or areas as deemed reasonable and appropriate by the licensing authority as certified in writing.
(d) The licensing authority shall not approve the transfer of any license granted pursuant to this act to any other location but it may grant a license to a new applicant at a location within its zone as described in paragraph (i), (ii), (iii), or (iv) of subsection (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 a licensee terminates or fails to renew a license granted under this act or any such license is cancelled, 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, within 3 years of such return, then grant the license to a new applicant at the same location under the same conditions specified in this act.
(f) All licenses granted pursuant to this act shall be issued within 3 years 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 subsections (d) and (e) thereafter.
SECTION 2. This act shall take effect upon its passage.