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  • Acts
  • 1998
  • Chapter 450 AN ACT AUTHORIZING THE ISSUANCE OF CERTAIN TEMPORARY LICENSES FOR THE SALE OF WINES TO BE DRUNK ON THE PREMISES.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the issuance of certain temporary licenses for the sale of wines to be drunk on the premises, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


Chapter 153 of the acts of 1997 is hereby amended by striking out section 3 and inserting in place thereof the following three sections:-

Section 3. Notwithstanding the provisions of any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of an alcoholic beverage may, with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wines to be drunk on the premises, to applicants which are nonprofit charitable corporations organized under chapter 180 of the General Laws and registered with the public charities division of the office of the attorney general. Each such temporary license shall describe the premise to which it applies and shall be granted only for premises which are either the principal place of business or headquarters of the applicant and which are legally zoned to allow such sales or which are the premises of a licensee under section 12 of chapter 138 of the General Laws. No such temporary license shall be for a duration of more than ten consecutive calendar days and no holder of any such temporary license shall be granted more than two such licenses in a calendar year. The fee for such temporary license shall not exceed the minimum fee provided for holders of licenses to sell wine. A holder of a temporary license for such sale of wine shall be permitted to conduct such sales on any day and at any time permitted under said section 12 of said chapter 138. Any wine sold under this section shall be donated at no charge to the license holder and any wine donated may be dispensed by the employees or agents of the donors of the wine, without compensation for the dispensing services provided. All proceeds from such sales shall be used for the holder's charitable purpose.

The application procedures under section 15A of said chapter 138 shall not apply to temporary licenses for such sale of wine; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for granting licenses under section 14 of said chapter 138. Local licensing authorities may impose conditions as to the hours of operation of such sales of wine and such other terms and conditions as may be deemed to be necessary and reasonable.

Section 4. Notwithstanding the provisions of any general or special law to the contrary, the local licensing authority in a city or town which votes to authorize the granting of licenses for the sale of an alcoholic beverage may with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wine to be drunk on the premises, to joint applicants which consist of one or more nonprofit charitable corporations organized under chapter 180 of the General Laws and registered with the public charities division of the office of the attorney general and a licensee under section 12 of chapter 138 of the General Laws. Each such temporary license shall describe the premises to which it applies and shall be granted only for the premises which are the premises of the joint applicant which is a licensee under said section 12 of said chapter 138. No such temporary license shall be for a duration of more than ten consecutive calendar days and no holder of any such temporary license shall be granted such temporary licenses permitting such sales on an aggregate of more than 20 days in any calendar year. The fee for such temporary license shall not exceed the minimum fee provided for holders of licenses to sell wine. A holder of a temporary license for the sale of wine to be drunk on the premises shall be permitted to conduct such sales on any day and at any time permitted under said section 12 of said chapter 138. Any wine sold under this section may be donated at no charge to the license holder and any wine donated may be dispensed by the employees or agents of the donor of the wine, without compensation for the dispensing services provided. A majority of the proceeds from such sales shall be used for the charitable corporation license holder's charitable purposes.

The application procedures under section 15A of said chapter 138 shall not apply to such temporary licenses for the sale of wines to be drunk on the premises; provided, however, that such applications may be granted by the local licensing authority according to the local procedures for granting licenses under section 14 of said chapter 138. Local licensing authorities may impose conditions as to the hours of operation of such temporary licenses for the sale of wine and such other terms and conditions as may be deemed to be necessary and reasonable.

Section 5. This act shall become inoperative on January 1, 2003.

Approved January 13, 1999.