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. Notwithstanding sections 12 and 17 of chapter 138 of the General Laws or any other general or special law or rule or regulation to the contrary, the licensing board of the city of Gardner may grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, subject to the conditions set forth in this section.
The licensing board shall restrict the granting of the licenses issued pursuant to this act to the area designated as an Urban Renewal Area for the purpose of downtown revitalization and to promote economic vitality. The area is more particularly shown on a plan entitled “Urban Renewal Area”, which is on file with the licensing board of the city of Gardner.
Notwithstanding said section 12 of said chapter 138, the additional licenses shall be subject to an annual fee of $2,500 more than the annual fee for existing all alcoholic beverages licenses in the city of Gardner. The additional $2,500 fee shall be deposited into an economic development account in the city of Gardner and expended consistent with the purpose of such account.
Notwithstanding said sections 12 and 17 of said chapter 138, the licensing board shall restrict the licenses granted pursuant to this act to restaurants providing direct bar service only to patrons eating a meal at the bar or waiting to be seated for a meal and the license holder shall maintain a direct management role in the daily operation of the restaurant. Any such restaurant shall be determined to be a bona fide restaurant if it operates a full kitchen for a minimum of 8 hours per day or, if it is open for less than 8 hours per day, it operates a full kitchen for the entire period it is open.
The licensing board and the alcoholic beverages control commission shall determine reasonably whether an applicant or licensee meets the criteria set forth in this act.
Notwithstanding any general or special law or any rule or regulation to the contrary, the licensing board shall not approve the transfer of the license to any other location. The license may be granted by the licensing board at the same location if an applicant for the license files with the authority a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.
If a license granted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board and the board may then grant the license to a new applicant at the same location and under the same conditions as specified in this section.
SECTION 2. This act shall take effect upon its passage.
Approved January 4, 2008