Amendment #1417 to H.4600

Amendment #1417 to H4600

ABCC

Mr. Ryan of Boston moves to amend the bill by inserting, after section 29, the following section:-

SECTION 29A. Section 2 of chapter 23K of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, after the definition of “gaming establishment”, the following 2 definitions:-

“Gaming establishment contract vendor”, as defined in section 1 of chapter 138.

“Gaming establishment self-owned vendor”, as defined in section 1 of chapter 138.

SECTION 29B. Said section 2 of said chapter 23K, as so appearing, is hereby amended by inserting after the definition of “slot machine”, the following 2 definitions:-

“Special gaming establishment contract vendor alcoholic beverage license”, as defined in section 1 of chapter 138.

“Special gaming establishment self-owned vendor alcoholic beverage license”, as defined in section 1 of chapter 138.

SECTION 29C. Section 26 of said chapter 23K, as so appearing, is hereby amended by inserting after the word “establishment”, in line 5, the following words:- ; provided, however, that a special gaming establishment contract vendor alcoholic beverage license and a special gaming establishment self-owned vendor alcoholic beverage license may be granted by the alcoholic beverages control commission pursuant to section 19I of chapter 138.

SECTION 29D. Section 35 of said chapter 23K, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) If the bureau finds that a person is not in compliance with any order issued under this section, it shall assess a civil administrative penalty. The penalty may be assessed whether or not the violation was willful. In determining the amount of the civil penalty, the bureau shall consider: (i) the nature of the violation; (ii) the length of time the violation occurred; (iii) the risk to the public and to the integrity of gaming operations created by the conduct of the person; (iv) the seriousness of the conduct of the person; (v) any justification or excuse for such conduct by the person; (vi) the prior history of the particular person involved with respect to gaming activity; (vii) any corrective action taken by the person to prevent future misconduct; and (viii) any other relevant factors.

(2) Notwithstanding paragraph (1), any civil administrative penalty to be assessed for a violation of sections 34, 34C or 69 of chapter 138 or 204 CMR 2.05(2), including any successor regulation, against a gaming establishment self-owned vendor or gaming establishment contract vendor shall be determined by the alcoholic beverages control commission pursuant to subsection (c) of section 64 of chapter 138.

And moves to further amend the bill by inserting, after section 65, the following section:-

SECTION 65A. Section 1 of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting, after the definition of “farmer-winery”, the following 2 definitions:-

“Gaming establishment contract vendor”, a vendor that contracts with a gaming establishment, as defined by section 2 of chapter 23K, to sell or serve alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment contract vendor shall include, but shall not be limited to, a restaurant, bar or club; and provided further, that a gaming establishment contract vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling.

“Gaming establishment self-owned vendor”, a vendor owned or operated by a gaming establishment, as defined by section 2 of chapter 23K, that sells or serves alcoholic beverages at said gaming establishment for consumption on premises; provided, however, that a gaming establishment self-owned vendor shall include, but shall not be limited to, a restaurant, bar or club owned or operated by said gaming establishment; and provided further, that a gaming establishment self-owned vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling.

SECTION 65B. Said section 1 of said chapter 138, as so appearing, is hereby further amended by inserting, after the definition of “ship chandler”, the following 2 definitions:-

“Special gaming establishment contract vendor alcoholic beverage license”, a license that permits a gaming establishment contract vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K.

“Special gaming establishment self-owned vendor alcoholic beverage license”, a license that permits a gaming establishment self-owned vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K.

SECTION 65C. Said chapter 138 is hereby further amended by inserting after section 19H the following section:-

Section 19I. (a) The commission may issue a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license to a qualified applicant who is a gaming establishment contract vendor or gaming establishment self-owned vendor as determined by the commission.

(b) A special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license shall not count toward any municipal quota and shall not be transferable.

SECTION 65D. Said chapter 138 is hereby further amended by striking out section 64 and inserting in place thereof the following section:-

Section 64. (a) The licensing authorities after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee has violated or permitted a violation of any condition thereof, or any law of the commonwealth. If at any hearing a licensee is charged with serving or selling alcohol or alcoholic beverages to a person under 21 years of age, written notice of said allegations shall be sent by the licensing authorities to the parent or guardian of such person. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked, and if the licensee is the owner of the premises described in such revoked license, no license shall be issued to be exercised on said premises for the residue of the term thereof.

(b) If it appears to the commission that a license has been issued under this chapter by the local licensing authorities in excess of the quota prescribed by section 17 or in violation of section 16A or any other provision of this chapter, the commission shall, after notice to said authorities and to the holder of such license and after reasonable opportunity to be heard, revoke such license, whereupon such license shall be surrendered to said authorities, and the decision of the commission shall be final and conclusive. The holder of a license so revoked shall not be subject to prosecution for any sales theretofore made by the licensee under such license on the ground that such license was illegally issued. The city or town whose licensing authorities issued any license so revoked shall forthwith refund to the holder thereof the entire fee paid therefor and authority is hereby granted to such city or town to pay the same out of any funds available.

(c) The commission after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license upon satisfactory proof that the licensee has violated or permitted a violation of sections 34, 34C or 69 or 204 CMR 2.05 (2), including any successor regulation, or any condition of the license. The commission may accept a fine in lieu of suspension of the license pursuant to section 23.

Additional co-sponsor(s) added to Amendment #1417 to H4600

ABCC

Representative:

Adam J. Scanlon