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  • Acts
  • 2008
  • Chapter 327 AN ACT AUTHORIZING THE PLACEMENT OF 2 QUESTIONS ON THE BALLOT AT THE BIENNIAL STATE ELECTION RELATIVE TO THE LICENSING OF SALES OF WINES AND MALT BEVERAGES IN THE CITY OF MELROSE.

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. (a) Notwithstanding section 11 of chapter 138 of the General Laws or any other general or special law to the contrary, the state secretary shall cause to be placed on the official ballot to be used in the city of Melrose at the biennial state election to be held in the year 2008 the following 2 questions:-

(1) “Shall the city of Melrose, acting through its liquor licensing commission, be granted the authority to issue up to 3 licenses to establishments that would sell wines and malt beverages only for consumption off premises; provided, however, that the sale of wines and malt beverages shall be incidental to the sale of food?”

Yes__________ No__________

(2) “Shall the city of Melrose, acting through its liquor licensing commission, be granted the authority to issue licenses to restaurants having a seating capacity of not fewer than 50 persons nor more than 99 persons for the sale therein of wines and malt beverages only in conjunction with a food establishment permit with full menu service?”

Yes__________ No__________

For the purposes of this act, the term “establishment” as used in Question 1 above shall mean a food operation whose floor area is less than 3,000 square feet; provided, however, that the term “establishment” shall not be a grocery store, supermarket or a convenience store which sells at retail, food for consumption off premises and whose floor area is greater than 3,000 square feet. An establishment, regardless of square footage, that sells tobacco products or Massachusetts state lottery tickets shall be considered a “convenience store” for purposes of this act.

(b) If a majority of the voters voting in the November 2008 biennial state election vote in the affirmative on Question 1 above, then the city of Melrose shall be authorized to issue up to 3 licenses to establishments for the sale of wines and malt beverages only for consumption off premises. If a majority of the voters voting in the November 2008 biennial state election vote in the affirmative on Question 2, then the city of Melrose shall be authorized to issue licenses to restaurants having a seating capacity of not fewer than 50 persons nor more than 99 persons for the sale of wines and malt beverages only. The licenses shall be subject to all the other provisions of chapter 138 of the General Laws.

(c) The authority of the city of Melrose, acting through its liquor licensing commission, to issue liquor licenses hereunder shall not become effective until such time as the liquor licensing commission has adopted additional rules and regulations relative to alcoholic beverage licenses as addressed herein.

(d) A license issued which allows for the sale of wines and malt beverages only for consumption off premises may not be the subject of a sale or transfer by the licensee. Upon the licensee failing to renew or otherwise continue operating under the license, the license shall revert to the liquor licensing commission in the city of Melrose.

(e) The state secretary shall have the authority to print the questions numbered sequentially after any statewide ballot questions.

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

Approved September 5, 2008