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 section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Westwood may grant a license for the sale of wines and malt beverages at a food store, not to be drunk on the premises, under section 15 of said chapter 138. Except as otherwise provided in this act, the license shall be subject to all of said chapter 138 except said section 17.
For the purposes of this act, "food store" shall mean a grocery store or supermarket with a gross floor area of more than 100,000 square feet which sells at retail, food for consumption on or off the premises either alone or in combination with grocery items or other nondurable items typically found in a grocery store and sold to individuals for personal, family or household use; provided, however, that the food store shall carry fresh and processed meats, poultry, dairy products, eggs, fresh fruits and produce, baked goods and baking ingredients, canned goods and dessert items. Notwithstanding the foregoing, a food store shall specifically exclude a convenience store or specialty store; and provided further, that the board of selectmen shall determine whether an applicant is a food store under this act. In making the determination, the board of selectmen shall consider such factors as the volume of sales, actual or proposed, and the extent and range of merchandise offered for sale. The holder of the license under this act may sell wines and malt beverages alone or in combination with any other items offered for sale and the licensed premises shall be located in the mixed use overlay zoning district. The amount of any initial or renewal fee for such license shall be determined by the licensing authority granting or renewing that license.
Notwithstanding any general or special law or rule or regulation to the contrary, the licensing authority shall not approve the transfer of the license to any other location, but the license may be granted to a new applicant at the same location if the applicant has followed all rules prescribed by the board of selectmen, and has submitted a letter 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, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority of the town of Westwood, which 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 December 17, 2008