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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT INCREASING THE NUMBER OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES IN THE CITY OF BOSTON.

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. Section 17 of chapter 138 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the sixth paragraph the following paragraph:-

The licensing board for the city of Boston may grant up to 25 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and up to 30 additional licenses for the sale of wines and malt beverages to be drunk on the premises. Notwithstanding the first sentence, 5 of the additional all alcoholic beverages licenses shall be granted only to innholders duly licensed under chapter 140 to conduct a hotel and 10 of the additional all alcoholic beverages licenses shall be granted, to existing holders of licenses for the sale of wines and malt beverages under section 12 provided that those licensees return to the licensing board, the licenses that they currently hold. The remaining licenses for the sale of all alcoholic beverages to be drunk on the premises and the 30 additional licenses for the sale of wines and malt beverages to be drunk on the premises shall be granted in the areas designated by the Boston Redevelopment Authority as main street districts, urban renewal areas, empowerment zones or municipal harbor plan areas. Once issued to a licensee in a Boston Redevelopment Authority designated area, the licensing board shall not approve the transfer of that license to a location outside of the designated area. A license granted pursuant to this paragraph shall be nontransferable to any other person, corporation or organization and shall be clearly marked nontransferable on the face of the license. A license issued under this paragraph, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges thereto, to the licensing board which may grant any such returned license to a new applicant consistent with the criteria set forth in this paragraph. No license shall be re-issued to the same location within 6 months from the date the prior license terminated unless the applicant files a letter in writing from the department of revenue with the local licensing authority indicating the prior licensee’s good standing with the department.

SECTION 2. This act shall take effect upon its passage.

Approved December 19, 2006.