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The 192nd General Court of the Commonwealth of Massachusetts


Whereas , The deferred operation of this act would tend to defeat its purpose, which is to regulate forthwith the granting of temporary licenses for the sale of wine at certain auctions, 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:

SECTION 1. Chapter 153 of the acts of 1997 is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. Notwithstanding 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 alcoholic beverages may, with the approval of the alcoholic beverages control commission, grant temporary licenses for the sale of wine at auction not 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 premises to which it applies and shall be granted only for premises which are either the principal place of business or headquarters of the applicant or a location owned or leased by the applicant from which the applicant regularly conducts business and which are legally zoned to allow such sales or which are the premises of a licensee under section 12 or section 15 of chapter 138 of the General Laws. No such temporary license shall be for a duration of more than 10 consecutive calendar days and no holder of a temporary license shall be granted more than 5 licenses in a calendar year. The fee for a temporary license under this section shall not exceed the minimum fee provided for holders of licenses to sell wine. A holder of a temporary license under this section may conduct the above 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 all proceeds from such sales shall be used for the license holder's charitable purposes. The application procedures under section 15A of said chapter 138 shall not apply to temporary licenses under this section, but applications may be granted by the local licensing authority according to the local procedures for the granting of licenses under section 14 of said chapter 138. Local licensing authorities may impose conditions as to the hours of operation of auctions and other necessary and reasonable terms and conditions.

SECTION 2. Said chapter 153 is hereby further amended by striking out section 5 and inserting in place thereof the following section:-

Section 5. This act shall cease to be effective on January 1, 2008.

Approved December 11, 2002.