Amendment ID: S2410-49

Amendment 49

Liquor License Value

Mr. Welch and Ms. Lovely move to amend the amendment by striking out Section 211 and inserting in place thereof the following section:-

“SECTION 211. Section 17 of said chapter 138, as so appearing, is hereby amended by striking out the introductory paragraph and the first 4 paragraphs and inserting in place thereof the following 3 paragraphs:-

Section 17.  A city or town, except the city of Boston, shall determine the number of all alcoholic beverage or wines and malt beverage licenses to be issued by its local licensing authority under sections 14 and 15F, including the number of seasonal licenses; provided, that for licenses issued under section 15, cities and towns, except the city of Boston, may grant 1 such license for each population unit of 5,000 or any additional fraction thereof but may, regardless of population, grant at least 2 licenses under section 15; provided further that for licenses issued under section 12, a city or town, except the city of Boston, may only grant licenses in excess of those authorized under section 17 of chapter 138 of the General Laws on or before June first, two thousand and sixteen, when the average value of said licenses issued by that city or town does not exceed $50,000.  Average value shall be determined by evidence of the financial consideration paid for the transfer of such licenses during the five years prior to any action to increase the number of said licenses.

A city or town, except the city of Boston, that seeks to grant additional licenses on or after March 31, 2017 shall adopt a plan that is approved by the mayor, city council or board of selectmen.  The plan shall determine the process for granting additional licenses; provided, however, that: (i) at least 1 public hearing regarding the plan shall be conducted by the city council, board of selectmen or governing body of the city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of the public hearing.

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