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 11 and 17 of chapter 138 of the General Laws, the licensing authority of the town of Sharon may grant licenses for the sale of wines and malt beverages not to be drunk on the premises to not more than 5 food stores under section 15 of said chapter 138. Except as provided herein, such licenses shall be subject to all of said chapter 138 except said section 17.
For the purposes of this act, a “food store” shall mean a grocery store or supermarket with a gross floor area of more than 1,000 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. Food store shall also mean a high-end food store or other specialty store that may sell imported, organic, ethnic or prepared foods for personal, family or household use. A food store shall specifically exclude a convenience store or a store that also sells gasoline; provided, however, 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 in combination with any other items offered for sale. The licensed premises shall be located in the Business D District or the Light Industrial District, provided that the use as a grocery store or food store is allowed by right or by special permit in either such zoning district, and the licensed premises may also be located upon land in the town of Sharon identified by assessors parcel map 37, lot 5 as Shaw’s Supermarket, 700 South Main street. The amount of any initial or renewal fee for such license shall be determined by the licensing authority issuing or renewing that license. 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 licensing authority related to the application and procedures for approval of a transfer including, but not limited to, the filing of a completed application for the transfer of the license to the new operator at the same location and the filing of 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 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 authority, which may grant the license to a new applicant at the same location and under the same conditions as specified in this act.
SECTION 2. This act shall take effect upon its passage.
Approved January 9, 2009