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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF ACTON TO GRANT 16 ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES AND 6 ADDITIONAL LICENSES FOR THE SALE OF WINES AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES.

     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 Acton may grant 9 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 4 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 to 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 Acton shall restrict the licenses authorized in this section in the following manner: (i) 5 licenses for the sale of all alcoholic beverages and 2 licenses for the sale of wines and malt beverages shall be restricted to entities located within the Kelley’s Corner, West Acton Village and Village Residential districts; (ii) 2 licenses for the sale of all alcoholic beverages and 1 license for the sale of wines and malt beverages shall be restricted to entities located within the Limited Business and East Acton Village districts; and (iii) 2  licenses for the sale of all alcoholic beverages and 1 license for the sale of wines and malt beverages shall be unrestricted and shall be available to entities located in any area within the town of Acton where restaurants are allowed or permitted by zoning.
     (c)  Notwithstanding section 12 chapter 138 of the General Laws, the licensing authority may restrict the licenses issued pursuant to this section to holders of common victualler licenses.
     (d)  The licensing authority may approve the transfer of a license issued pursuant to this section to another location; provided, however, that the license shall remain subject to the location restriction set forth in subsection (b) that applied to the license as initially issued. The licensing authority shall only approve such transfer 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.
     (e)  If a license granted pursuant to 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 and the licensing authority may then grant the license to a new applicant under the same conditions as specified in this section.
     SECTION 2.  (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Acton may grant 7 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 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 to 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 Acton shall restrict the licenses authorized in this section as follows: (i) 3 licenses for the sale of all alcoholic beverages and 1 license for the sale of wines and malt beverages shall be restricted to entities located within the Kelley’s Corner, West Acton Village and Village Residential districts; (ii) 2 licenses for the sale of all alcoholic beverages shall be restricted to entities located within the Limited Business and East Acton Village districts; and (iii) 2 licenses for the sale of all alcoholic beverages and 1 license for the sale of wines and malt beverages shall be unrestricted and available to entities located in any area within the town of Acton where restaurants are allowed or permitted by zoning.
     (c)  Notwithstanding section 12 of chapter 138 of the General Laws, the licensing authority may restrict the licenses issued pursuant to this section to holders of common victualler licenses.
     (d)  The licensing authority may approve the transfer of a license issued pursuant to this section to another location; provided, however, that the license shall remain subject to the location restriction set forth in subsection (b) that applied to the license as initially issued. The licensing authority shall only approve such transfer 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.
     (e)  If a license granted pursuant to 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 and the licensing authority may then grant the license to a new applicant under the same conditions as specified in this section.
     SECTION 3.  Section 1 shall take effect upon its passage.
     SECTION 4.  Section 2 shall take effect on January 1, 2018 or upon the issuance of all of the licenses authorized in section 1, whichever occurs first.

Approved, October 14, 2016