Amendment ID: H3691-1

Amendment 1

Amendment to an act authorizing the town of Tyngsborough to grant additional licenses for the sale of alcoholic beverages

Ms. Donoghue moves to amend the bill by striking Sections 1, 2 and 3, and inserting in their place the following:-

"SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Tyngsborough may grant 10 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138; provided, however, that 1 such license shall be restricted to an entity located in the town center, a designated economic development zone which is 2,000 feet from the intersection of Middlesex road and Kendall road with a maximum of 50 seats; provided further, that 1 such license shall be restricted to an entity located in the town center with a maximum of 75 seats; and provided further, that 1 such license shall be restricted to an entity located in the town center with a maximum of 100 seats.  The licenses authorized in this subsection shall be subject to all of said chapter 138 except said section 17.

(b) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Tyngsborough may grant 2 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; provided, however, that 1 such license shall be restricted to an entity located in the town center with a maximum of 50 seats.  The licenses authorized in this subsection shall be subject to all of said chapter 138 except said section 17.

(c)  Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Tyngsborough may grant  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; provided, however, that the licenses shall be restricted to entities located on the east side of the Merrimack river.  The licenses authorized in this subsection shall be subject to all of said chapter 138 except said section 17.

(d) Notwithstanding subsections (a) and (b), 1 license for the sale of all alcoholic beverages to be drunk on the premises under said subsection (a) or 1 license for the sale of wines and malt beverages to be drunk on the premises under said subsection (b) shall be further restricted to an entity with frontage on Kendall road, Middlesex road or Pawtucket boulevard and such frontage shall be as required by the zoning by-laws of the town or by variance or shall be a legal pre-existing, nonconforming lot.

(e) Once issued, the licensing authority of the town of Tyngsborough shall not approve the transfer of a license issued pursuant to this act to any other person, partnership, corporation, limited liability company, organization or other entity for 3 years after the date of original issuance but it may approve the transfer of any such license to another location, subject to any restrictions applicable to that license.   Thereafter, if a license is transferred it may be granted to a new applicant 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.

(f) If a license granted pursuant to this section 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 authority and the licensing authority may then grant the license to a new applicant under the same conditions as specified in the original authorization.

SECTION 2. This act shall take effect upon its passage."