Amendment #2 to H4165

Local Liquor License Approval

Representatives Beaton of Shrewsbury, Dykema of Holliston and Gregoire of Marlborough moves to amend the bill by inserting the following new section:

SECTION XX. Section 12 of chapter 138 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 63 to 65, the words “notwithstanding any limitation on the number of licenses the city or town is authorized to grant in section 17” and inserting in place thereof the following words:- pursuant to the municipal plan as required by section 17.

SECTION XX. Said section 12 of chapter 138, as so appearing, is hereby further amended by striking out, in lines 89 to 90, the words “and irrespective of any limitation of number of licenses contained in section seventeen”.

SECTION XX. Said section 12 of chapter 138, as so appearing, is hereby further amended by striking out the second sentence of the sixth paragraph.

SECTION XX. Said section 12 of chapter 138, as so appearing, is hereby further amended by striking out, in line 147, the words “notwithstanding section 17”.

SECTION XX. Said chapter 138, as so appearing, is hereby amended by inserting after section 13 the following section:-

Section 13A: As used in this section, the following words shall have the following meanings:--

"Airline club'', an establishment that is not open to the general public and which is operated by or for an airline at the airport to provide exclusive or special accommodations to members and their guests in accordance with airline policy.

"Airport'', the General Edward Lawrence Logan International Airport.

"Passenger terminals'', the passenger terminals and designated airline clubs within the airport.

"Restricted airport licenses'', licenses for: (i) the sale of all alcoholic beverages to be drunk on the premises within the passenger terminals; and (ii) the sale of wines and malt beverages to be drunk on the premises within the passenger terminals.

The licensing board for the city of Boston may grant restricted airport licenses to common victuallers duly licensed under chapter 140 and operating within the passenger terminals, subject to the approval of the alcoholic beverages control commission. Once issued to a licensee within the passenger terminals, the licensing board shall not approve the transfer of a restricted airport license to a location outside of the passenger terminals. A restricted airport license shall be nontransferable to any other person, corporation or organization operating outside the passenger terminals and shall be clearly marked "nontransferable outside the passenger terminals at the airport'' on its face. A restricted airport license, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing board which may then grant that license to a new applicant operating within the passenger terminals, consistent with this paragraph.

SECTION XX. Section 14 of said chapter 138, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- “Special license for the sale of all alcoholic beverages, or wines and malt beverages only, or either of them, may, as determined by the municipality, be issued by the local licensing authorities, to the responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise.

SECTION XX. Section 15 of said chapter 138, as so appearing, is hereby amended inserting after the word “licenses”, in line 5, the following words:- “, pursuant to the municipal plan as required by section 17,”.

SECTION XX. Section 16A of said chapter 138, as so appearing, is hereby further amended by striking out the word “so”, in line 11, and inserting in its place the words:- “as determined by a municipality to be”.

SECTION XX. Said section 16A of chapter 138, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “, to the extent that the same are issuable under section seventeen”.

SECTION XX. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in line 18, the words:- “for the purposes of section seventeen”.

SECTION XX. Said chapter 138, as so appearing, is hereby amended by striking out section 17 and inserting in place thereof the following section:-

Section 17: A city or town shall determine the number of all alcoholic beverage or wine and malt beverage licenses issued by its local licensing authority under sections 12, 14, 15, and 15F, including the number of seasonal licenses.

Communities that seek to grant additional licenses on or after July 1, 2014 shall adopt a plan that is approved by the mayor, city council or board of selectman. Said plan shall determine the process of granting additional licenses; provided that: (1) a minimum of 1 public hearing regarding the plan is conducted by the city council, board of selectman or the governing body in said city or town; and (2) the city or town notify the ABCC of said public hearing.

The governing body of each city or town shall hold a public hearing, within 30 days of the date of the license application, regarding said application.

Unless expressly authorized by this chapter, local licensing authorities shall not grant licenses to any person, firm or corporation under more than one section of this chapter.

On or after July 1, 2014, the current number of licenses shall continue unless changed by the local governing body of each city or town under this section.

SECTION XX. Section 29 of said chapter 138, as so appearing,, is hereby further amended by striking out, in lines 20 to 23, inclusive, the words “; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen”

SECTION XX. Sections 17A to 17C, inclusive, of said chapter 138 are hereby repealed.

Additional co-sponsor(s) added to Amendment #2 to H4165

Local Liquor License Approval