AN ACT FURTHER REGULATING THE SALE OF ALCOHOLIC BEVERAGES IN THE CITY OF SOMERVILLE.
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. Chapter 258 of the acts of 1980 is hereby repealed.
SECTION 2. The licensing commission of the city of Somerville may grant licenses for the sale of all alcoholic beverages and licenses for the sale of wines and malt beverages under section 12 of chapter 138 of the General Laws and the number of such licenses shall be calculated under section 17 of said chapter 138. The licensing commission may grant not more than 20 licenses for the sale of all alcoholic beverages under section 15 of said chapter 138 and not more than 9 licenses for the sale of wines and malt beverages under said section 15 of said chapter 138. The transfer of a license existing on the effective date of this act or the transfer of stock in a corporation which holds such a license shall be subject to a public hearing and notice of such hearing shall be advertised as provided in said chapter 138 and held at an appropriate time to afford interested citizens an opportunity to be present.
(a) No other license granted under this act shall be sold or transferred by the licensee. If any such licensee terminates or fails to renew its license, the license shall revert to the licensing commission which may then grant that license to a new applicant in accordance with regulations established by the licensing commission; provided, however, that any restrictions on the transferability of licenses under this paragraph shall only apply to licenses granted on or after the effective date of chapter 449 of the acts of 2008.
SECTION 3. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing commission of the city of Somerville may grant not more than 12 additional licenses for the sale of all alcoholic beverages to be drunk on the premises or for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, to premises within the Assembly Square district, bounded by the Mystic River, the Fellsway, route 28, interstate highway route 93 and the city of Somerville, city of Boston boundary line. The licenses shall be subject to all of said chapter 138, except said section 17. The licenses assigned to the Assembly Square district shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew its license under this section, the license shall revert to the licensing commission, and shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, and shall only be granted to a new, qualified applicant doing business within the Assembly Square district; provided, however, that the new applicant shall file with the licensing commission 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.
The administrative fee charged by the city of Somerville for licenses granted under this section shall be the same as the administrative fee charged by the city for existing licenses granted for the respective category for such licenses. The licenses granted under this section shall be subject to all applicable ordinances of the city.
SECTION 4. This act shall take effect upon its passage.
Approved, January 2, 2013.