Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
The board of license commissioners of the city of Cambridge is hereby authorized to impose a condition on a license issued under the provisions of chapter one hundred and thirty-eight of the General Laws limiting the occupancy of a licensed premise to a number less than that certified by any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules and regulations if said board finds that a higher number would not serve the public need or would not protect the common good.
In making such findings the board may consider the area where said premises are located and that a higher occupancy would unreasonably increase disruption, criminal activity, noise, pedestrian traffic, vehicular traffic or parking problems in said area.
Said board may deny an application to increase the occupancy level of a licensed premise or to change the description of a licensed premise on the same basis as above.
Nothing in this section shall authorize said board to invalidate in any way a certificate of occupancy, a certificate of inspection, or other certificate setting an occupancy level for licensed premises pursuant to the Commonwealth of Massachusetts State Building Code or any of its rules or regulations; provided, however, said board under the provisions of this section may deny liquor license applications citing the occupancy level, in whole or in part, as the basis for such denial, and may condition a liquor license on an occupancy level lower than the occupancy level set pursuant to the said Building Code or any of its rules and regulations.