Budget Amendment ID: FY2026-S3-770-R1
Redraft OTH 770
Returning Liquor License Control to Municipalities
Mr. Oliveira, Ms. Rausch, Messrs. O'Connor and Keenan and Ms. Edwards moved that the proposed new text be amended by inserting after section 36 the following 9 sections:-
“SECTION 36A. Section 12 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in lines 119 to 121, inclusive, the words “and irrespective of any limitation of number of licenses contained in section seventeen”.
SECTION 36B. Said section 12 of said chapter 138, as so appearing, is hereby further amended by adding the following 4 paragraphs:-
A new license issued pursuant to this section in response to an application filed after January 1, 2026, pursuant to the municipal plan as required by section 17, shall be non-transferable and no licensing authority shall approve the transfer of such license.
If a license issued pursuant to this section is cancelled, revoked or no longer in use by the license holder, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority.
If a license holder closes or terminates the license holder’s business or sells or transfers the license holder’s business, the license holder shall return the license physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority.
SECTION 36C. The first paragraph of section 14 of said chapter 138, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Special licenses for the sale of all alcoholic beverages or wine and malt beverages only may be issued, as determined by the municipality, by the local licensing authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise.
SECTION 36D. Section 16A of said chapter 138, as so appearing, is hereby amended by striking out, in line 12, the word “so” and inserting in place thereof the following words:- as determined by a municipality to be.
SECTION 36E. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable under section seventeen”.
SECTION 36F. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in line 19, the words “for the purposes of section seventeen”.
SECTION 36G. Section 17 of said chapter 138, as amended by section 1 of chapter 202 of the acts of 2024, is hereby further amended by striking out the first 8 paragraphs and inserting in place thereof the following 3 paragraphs:-
A city or town shall determine the number of all alcoholic beverage or wines and malt beverage licenses to be issued by its local licensing authority under sections 12, 14 and 15F, including the number of seasonal licenses; provided, however, that for licenses issued under section 15, cities and towns 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 said section 15; provided, however, that nothing in this section shall limit the city of Boston from granting at least 250 licenses for the sale of all alcoholic beverages under said section 15.
A city or town shall adopt and may amend a plan that is approved by the mayor and city council or select board, which shall determine the process for granting additional licenses; provided, however, that prior to adopting or amending the plan: (i) at least 1 public hearing regarding the plan shall be conducted by the city council, select board or legislative body of the city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of the public hearing.
The mayor and city council or select board of a city or town shall hold a public hearing regarding a license application within 30 days of the date the application is filed
SECTION 36H. Sections 17A to 17C, inclusive, of said chapter 138are hereby repealed.
SECTION 36I. Section 29 of said chapter 138, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 22 to 24, inclusive, the words “; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen”.”; and
by inserting after section 87 the following section:-
SECTION 87A. No plan by a city or town to change the number of licenses available under chapter 138 of the General Laws shall take effect prior to January 1, 2026. The number of licenses authorized under said chapter 138 for each city and town prior to January 1, 2026, shall remain unchanged unless changed by the mayor and city council or select board pursuant to a plan adopted under section 17 of said chapter 138.
in section 89, by striking out the words “and 32 to 34, inclusive” and inserting in place thereof the following words:- “32 to 34, inclusive, and 36A to 36I, inclusive”.