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HOUSE DOCKET, NO. 1873         FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 286

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Frank I. Smizik

_______________

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 Brookline to grant 11 additional licenses for the sale of all alcoholic beverages to be drunk on the premises.

_______________

PETITION OF:

 

Name:

District/Address:

Frank I. Smizik

15th Norfolk

Cynthia S. Creem

First Middlesex and Norfolk

Edward F. Coppinger

10th Suffolk

Michael J. Moran

18th Suffolk


HOUSE DOCKET, NO. 1873        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 286

By Mr. Smizik of Brookline, a petition (accompanied by bill, House, No. 286) of Frank I. Smizik and others (by vote of the town) that the town of Brookline be authorized to grant eleven additional licenses for the sale of all alcoholic beverages to be drunk on the premises.  Consumer Protection and Professional Licensure.  [Local Approval Received.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act authorizing the town of Brookline to grant 11 additional licenses for the sale of all alcoholic beverages 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.  (a)   Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the Town of Brookline may grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to section 12 of chapter 138, provided, however, that such license is issued to an establishment that holds a common victuallers license pursuant to section 2 of chapter 140 of the General Laws, to be used at a parcel depicted on page 59 of the Town of Brookline Assessor’s Atlas as block number 238, lot number 01.  The license shall be subject to all of said chapter 138 except said section 17.

              (b)  Once issued, the licensing authority shall not approve the transfer of the license 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 division of unemployment assistance indicating that the license is in good standing with the department and that all applicable taxes, fees, and contributions have been paid.

              (c)  If the license granted under this section 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, which may then grant the license to a new applicant at the same location under the same conditions as specified in this act provided that the applicant files with the licensing authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the license is in good standing with those entities and that all applicable taxes, fees, and contributions have been paid.

              SECTION 2.  (a)  Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the Town of Brookline may grant a total of  2 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, pursuant to section 12 of chapter 138, provided, however, that such licenses are issued to establishments that hold a common victuallers license pursuant to section 2 of chapter 140 of the General Laws, to be used at parcels depicted on page 29B of the Town of Brookline Assessor’s Atlas as block number 138, parcel numbers 01 and 02.  The licenses shall be subject to all of said chapter 138 except said section 17. 

              (b)  Once issued, the licensing authority shall not approve the transfer of the licenses to any other location but it may grant the licenses to new applicants at the same location if the applicants file with the licensing authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the licenses are in good standing with the department and that all applicable taxes, fees, and contributions have been paid.

              (c)  If the licenses granted under this section are cancelled, revoked or no longer in use, they shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the licenses to new applicants at the same locations under the same conditions as specified in this act provided that the applicants file with the licensing authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the licenses are in good standing with those entities and that all applicable taxes, fees, and contributions have been paid.

              SECTION 3.  (a)  Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the Town of Brookline may grant a total of  5 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, pursuant to section 12 of chapter 138, provided, however, that such licenses are issued to establishments that hold a common victuallers license pursuant to section 2 of chapter 140 of the General Laws, to be used at parcels depicted on page 9 of the Town of Brookline Assessor’s Atlas as block number 045, lot numbers 01, 11 and 02-01.  The licenses shall be subject to all of said chapter 138 except said section 17.

              (b)  Once issued, the licensing authority shall not approve the transfer of the licenses to any other location but it may grant the licenses to new applicants at the same locations if the applicants file with the licensing authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the licenses are in good standing with the department and that all applicable taxes, fees, and contributions have been paid.

              (c)  If the licenses granted under this section are cancelled, revoked or no longer in use, they shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the licenses to new applicants at the same locations under the same conditions as specified in this act provided that the applicants file with the licensing authority a letter from the department of revenue and a letter from the division of unemployment assistance indicating that the licenses are in good standing with those entities and that all applicable taxes, fees, and contributions have been paid.

              SECTION 4.   (a)  Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the Town of Brookline may grant up to 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, pursuant to section 12 of chapter 138, provided, however, that such licenses are issued to establishments that hold a common victuallers license pursuant to section 2 of chapter 140 of the General Laws.

              (b)  A license under this section shall not be transferable to any other person, corporation or organization for a period of 3 years from the date of original issuance or 3 years from the enactment of this legislation, whichever is later.  Any transfer in violation of sections (a) or (b) of this section shall render said license null and void.

              (c)  If a license granted under this section is revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority which may then grant the license to a new applicant only at the same location under the same conditions as specified in this act provided that the applicant files with the licensing authority a letter from the department of revenue and a letter from the division of employment assistance indicating that the license is in good standing with those entities and that all applicable taxes, fees, and contributions have been paid. 

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

              or act on anything relative thereto.  The General Court may make such amendments as are within the scope of the general public objectives of this petition.

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