FILED ON: 11/15/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3139

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the town of Andover to grant 7 additional licenses for the sale of all alcoholic beverages not 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 Andover may grant not more than 7 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to establishments located within the: (i) River Road / Minuteman Road Future Potential License Area; (ii) Shawsheen Plaza Future Potential License Area; (iii) Shawsheen Village Future Potential License Area; (iv) Historic Mill District / Downtown Future Potential License Area; or (v) Dascomb Road Future Potential License Area, as described in subsection (b), upon approval of and under conditions set by the licensing authority. The licenses granted pursuant to this act shall be clearly marked on their face “River Road / Minuteman Road”, “Shawsheen Plaza”, “Shawsheen Village”, “Historic Mill District / Downtown” or “Dascomb Road”, as applicable, and shall be subject to all of said chapter 138 except said section 17.

(b) The licensing authority of the town of Andover shall restrict the licenses granted pursuant to this act to establishments located within the boundaries of the: (i) River Road / Minuteman Road Future Potential License Area; (ii) Shawsheen Plaza Future Potential License Area; (iii) Shawsheen Village Future Potential License Area; (iv) Historic Mill District / Downtown Future Potential License Area; or (v) Dascomb Road Future Potential License Area, as those areas are designated on the map entitled “Andover Liquor Licenses” and dated March 10, 2022, a copy of which is on file in the office of the town clerk.

(c) The licensing authority shall not approve the transfer of a license granted pursuant to this act to a location outside of the area for which the license was initially granted under subsection (b), but the licensing authority may grant a license to a new applicant within the area for which the license was initially granted under said subsection (b) 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 applicant is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.

(d) If a licensee terminates or fails to renew a license granted pursuant to this act or any such license 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, which may then grant the license to a new applicant under the same conditions as specified in this act.

(e) The licenses granted under this act shall be issued within 3 years after the effective date of this act; provided, however, that if a license is originally granted within that time period, the license may be granted to a new applicant under subsection (c) or (d) anytime thereafter.

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