SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2903

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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SECTION 1. Section 17 of chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 101, the figure “665” and inserting in place thereof the following figure:- 677

SECTION 2. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law or rule or regulation to the contrary, the licensing board of the city of Boston may grant up to 4 non-transferable, restricted licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and up to 2 non-transferable, restricted licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 annually, for a period of 3 years beginning in the calendar year during which this act takes effect, in each of the following zip codes: 02118, 02119, 02121, 02122, 02124, 02125, 02126, 02128, 02129, 02130, 02131, 02132 and 02136. Licenses shall remain available until granted. A license not granted by the board in a given year pursuant to this section shall remain available in the following year until all such licenses are distributed pursuant to this section. A license granted pursuant to this section shall be clearly marked “nontransferable” and “neighborhood restricted” on its face.

(b) If a licensee terminates or fails to renew a license granted pursuant to this section or if 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 board, which may then grant that license to a new applicant in the same zip code where the original license was granted.

(c) A license granted pursuant to this section shall require food to be prepared on-site and under a food establishment permit issued by the city of Boston pursuant to 105 CMR 590.00.

SECTION 3. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law or rule or regulation to the contrary, the licensing board of the city of Boston may grant up to 3 non-transferable, restricted licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 in the Oak Square neighborhood in the Brighton section of the city of Boston. A license granted pursuant to this section shall be clearly marked “nontransferable” and “neighborhood restricted” on its face.

(b) If a licensee terminates or fails to renew a license granted pursuant to this section or if any such license is cancelled, revoked or no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board, which may then grant the license to a new applicant in the Oak Square neighborhood in the Brighton section of the city of Boston under the same conditions as specified in this section. The licensing board shall not approve the transfer of the license granted pursuant to this section to a location outside of the Oak Square neighborhood in the Brighton section of the city of Boston.

(c) A license granted pursuant to this section shall require food to be prepared on-site and under a food establishment permit issued by the city of Boston pursuant to 105 CMR 590.00.

SECTION 4. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law or rule or regulation to the contrary, the licensing board of the city of Boston may grant up to 15 non-transferable, restricted licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to community spaces, including outdoor spaces, theaters, other nonprofit organizations or government or quasi-government agencies located in the city of Boston; provided, however, that a theater with an occupancy limit of 750 or more shall not receive a license pursuant to this section.

(b) If a licensee terminates or fails to renew a license granted pursuant to this section or if any such license is cancelled, revoked or no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board, which may then grant the license to a new applicant that is a community space located in the city of Boston under the same conditions as specified in subsection (a). The licensing board shall not approve the transfer of the license granted pursuant to this section to an entity that is not a community space.

SECTION 5. This act shall take effect upon its passage.