Budget Amendment ID: FY2021-S4-26

GOV 26

Alcohol License Safekeeping

Messrs. Feeney and Tarr moved that the proposed new text be amended by adding the following new section:

SECTION XX.

(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Commission”, the alcohol beverages control commission, established in section 70 of chapter 10 of the General Laws.

“Local licensing authorities”, as defined in section 1 of chapter 138 of the General Laws.

""Safekeeping"", means a voluntary surrendering by a licensee of the privileges granted by the license without surrendering the license on a permanent basis to provide for a moratorium on all administrative rule and statutory licensing requirements of that license type during the time the license is listed in safekeeping.

(b) Notwithstanding section 77 of chapter 138 of the General Laws, any holder of a section 12 license issued pursuant to said chapter 138 who ceases to conduct the licensed business as a result of disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, may retain such license for a period of not more than 1 year upon filing with the local licensing authority and the commission a statement of the reason the license should be held in safekeeping and furnishing the name, address and telephone number of the person to whom correspondence is to be directed while the licensed premises is closed.  The local licensing authority and the commission shall extend the safekeeping period for an additional year, if at the end of the initial one year period the licensed premises is unavailable due to fire, flood or similar natural disaster or an application is submitted to extend the safekeeping period for an additional year. If the license is not reactivated, transferred or approved for an extension of safekeeping period for an additional year, at the end of the initial one year safekeeping period the license shall be returned to the local licensing authority.

(c) The commission may establish a reasonable annual safekeeping fee; provided, however, a licensee who can show an inability to use the license through no fault of its own as a result of fire or flood, or inability to obtain an occupancy permit shall be granted a waiver of such fee. The presence of another business or the licensed business no longer being viable shall not serve as sufficient reasons to justify a waiver.

(d) The commission shall, within 10 days of the passage of this act, promulgate regulations consistent with this section and issue updated guidance to local licensing authorities.

(e) Nothing in this section shall prevent the commission from exercising its statutory or regulatory enforcement authority over any such safekeeping license.