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  • Acts
  • 2011
  • Chapter 135 AN ACT AUTHORIZING THE TOWN OF WEST TISBURY TO PLACE A CERTAIN QUESTION ON THE BALLOT RELATIVE TO THE ISSUANCE OF LICENSES FOR THE SALE OF WINES AND MALT BEVERAGES IN RESTAURANTS, INNS AND HOTELS AND THE ISSUANCE OF 1 DAY LICENSES FOR THE SALE OF WINES AND MALT BEVERAGES AT EVENTS.

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 sections 11, 11A 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 West Tisbury may place upon the official ballot at the next annual town election held at least 35 days after the effective date of this act the following question: “Shall the board of selectmen of the town of West Tisbury be authorized to:

(1) grant licenses for the sale of wines and malt beverages to be drunk on the premises to restaurants, including restaurants within inns and hotels, with seating capacities of not less than 50 persons, to be consumed with meals only; and

(2) grant 1 day licenses for the sale of wines and malt beverages under section 14 of chapter 138 of the General Laws, upon such terms and conditions as the board of selectmen may from time to time determine, to allow wines and malt beverages to be served at events where the service of such beverages is incidental to the event and where wines and malt beverages are not separately purchased by attendees at the event?”

(b) If a majority of the votes cast in answer to the question is in the affirmative, the town of West Tisbury shall be taken to have authorized the sale of wines and malt beverages to be drunk on the premises of said restaurants and the allowance of wines and malt beverages to be served at events in the town which have received a 1 day license for the sale of wines and malt beverages from the board of selectmen.

(c) The town counsel of the town of West Tisbury shall cause a summary of the question to be printed on the ballot along with the question as stated in subsection (a).

(d) Nothing contained herein shall authorize the issuance of licenses for the sale of wines and malt beverages not to be drunk on the premises. The licenses shall be subject to all other provisions of said chapter 138. The board of selectmen may from time to time issue regulations for the granting of licenses under this act and to define terms that are necessary to the implementation of this act.

SECTION 2. Notwithstanding any general or special law, rule or regulation to the contrary, if this act is not in effect on or after March 6, 2012, the state secretary shall print on the official state election ballot for the town of West Tisbury the ballot question proposed in section 1 at the next biennial state election held at least 60 days after the effective date of this legislation. The question shall appear on the official state election ballot below all other candidates and binding questions required by law to be included on such ballot and shall take the form in section 1.

The question may be followed by a summary which the town of West Tisbury may furnish to the state secretary not later than September 7, 2012.
Approval of this question at the state election shall have the same force and effect as approval at a general or special town election of the town of West Tisbury.

SECTION 3. This act shall take effect upon its passage.

Approved, October 14, 2011.