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 to the contrary, the board of selectmen of the town of South Hadley may grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises subject to the conditions set forth herein.
The board of selectmen shall reserve 1 all alcoholic beverage license for Food 101, for a location at the Town Commons subject to all other applicable requirements for an all alcoholic beverages license and on condition that the current license for the sale of wines and malt beverages currently held by said Food 101 be returned physically, with all the legal rights pertaining thereto, to said board upon approval and receipt of the license granted pursuant to this act.
Notwithstanding section 12 of chapter 138 of the General Laws, the additional license authorized by this act shall be subject to an original application fee of $1,000 more than the annual fee for existing all alcoholic beverage licenses in the town of South Hadley. Said additional $1,000 fee shall be deposited into an economic development account of the town and expended consistently with the purposes of such account.
Notwithstanding sections 12 and 77 of chapter 138 of the General Laws, the board of selectmen may restrict the all alcoholic beverage license to a holder of a common victualler license.
The board of selectmen shall determine reasonably whether an applicant or licensee meets the criteria set forth herein.
Notwithstanding any general or special law or any rule or regulation to the contrary, the board of selectmen shall not approve the transfer of such license to any other location. The license may be re-issued by said board of selectmen at the same location if an applicant for the license files with the licensing 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 the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the board of selectmen. Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the board of selectmen may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
SECTION 2. This act shall take effect upon its passage.
Approved April 18, 2007.