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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF TYNGSBOROUGH TO GRANT ADDITIONAL LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES

     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 17 of chapter 138 of the General Laws, the licensing authority of the town of Tyngsborough may grant: (i) 4 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 2 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138; and (iii) 2 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138, to operators and locations to be determined by the licensing authority in accordance with this section. The licenses shall be subject to all of said chapter 138 except said section 17.
     (b)  The licensing authority of the town of Tyngsborough shall restrict the licenses authorized by this section in the following manner: (i) 1 license for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 shall be restricted to an entity located in the town center, a designated economic development zone which is 2,000 feet from the intersection of Middlesex road and Kendall road, and with a maximum of 50 seats; (ii) 1 license for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 shall be restricted to an entity located in the town center with a maximum of 75 seats; (iii) 1 license for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 shall be restricted to an entity located in the town center with a maximum of 100 seats; (iv) 1 license for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 shall be restricted to an entity located in the town center with a maximum of 50 seats; and (v) 2 licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said section 138 shall be restricted to entities located on the east side of the Merrimack river; provided, however, 1 license for the sale of all alcoholic beverages to be drunk on the premises or 1 license for the sale of wines and malt beverages to be drunk on the premises granted pursuant to this subsection shall also be restricted to an entity with frontage on Kendall road, Middlesex road or Pawtucket boulevard and such frontage shall be as required by the zoning by-laws of the town of Tyngsborough or by variance or shall be a legal preexisting, nonconforming lot.
     (c)  The licensing authority may approve the transfer of a license issued pursuant to this section to another location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid; provided, however, that any such license shall remain subject to any restriction set forth in subsection (b) that applied to the license as initially issued.
     (d)  If a license granted pursuant to this section is cancelled, revoked or no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant under the same conditions specified in this section.
     SECTION 2.  (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Tyngsborough may grant 6 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138. The licenses shall be subject to all of said chapter 138 except said section 17.
     (b)  Once issued, the licensing authority shall not approve the transfer of a license granted pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.   
     (c)  If a license granted pursuant to this section is cancelled, revoked or no longer in use, it shall be returned physically, with all legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
     SECTION 3.  This act shall take effect upon its passage.

Approved, February 5, 2016.