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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF WESTBOROUGH TO GRANT ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC 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 Westborough may grant 8 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to establishments located within the town's Highway Business, Downtown Business, Gateway 2, Mixed Use, Downtown Planning Overlay, Industrial A, Industrial B, Mixed Use Industrial and Industrial D Overlay zoning districts, as those districts are defined by the town's zoning map as it existed as of October 21, 2014, upon approval of and under conditions set by the licensing authority of the town. The licenses shall be subject to all of said chapter 138 except said section 17.
     (b)  The licensing authority shall not approve the transfer of a license granted pursuant to this section to a location outside of the districts identified in subsection (a) but it may grant a license to a new applicant within any of those districts 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. A license granted under this section shall be clearly marked on its face “Highway Business, Downtown Business, Gateway 2, Mixed Use, Downtown Planning Overlay, Industrial A, Industrial B, Mixed Use Industrial and Industrial D Overlay Zoning Districts Only”.
     (c)  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 at a location within any of the districts identified in subsection (a) 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 Westborough may grant 8 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to establishments located within the town's Highway Business, Downtown Business, Gateway 2, Mixed Use, Downtown Planning Overlay, Industrial A, Industrial B, Mixed Use Industrial and Industrial D Overlay zoning districts, as those districts are defined by the town's zoning map as it existed as of October 21, 2014, upon approval of and under conditions set by the licensing authority of the town. The licenses shall be subject to all of said chapter 138 except said section 17.
     (b)  The licensing authority shall not approve the transfer of a license granted pursuant to this section to a location outside of the districts identified in subsection (a) but it may grant a license to a new applicant within any of those districts 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. A license granted under this section shall be clearly marked on its face “Highway Business, Downtown Business, Gateway 2, Mixed Use, Downtown Planning Overlay, Industrial A, Industrial B, Mixed Use Industrial and Industrial D Overlay Zoning Districts Only”.
     (c)  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 at a location within any of those districts identified in subsection (a) under the same conditions as specified in this section.
     SECTION 3.  (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Westborough 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 to establishments located within the town's Highway Business, Downtown Business, Gateway 2, Mixed Use, Downtown Planning Overlay, Industrial A, Industrial B, Mixed Use Industrial and Industrial D Overlay zoning districts, as those districts are defined by the town's zoning map as it existed as of October 21, 2014, upon approval of and under conditions set by the licensing authority of the town. The licenses shall be subject to all of said chapter 138 except said section 17.
     (b)  The licensing authority shall not approve the transfer of a license granted pursuant to this section to a location outside of the districts identified in subsection (a) but it may grant a license to a new applicant within any of those districts 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. A license granted under this section shall be clearly marked on its face “Highway Business, Downtown Business, Gateway 2, Mixed Use, Downtown Planning Overlay, Industrial A, Industrial B, Mixed Use Industrial and Industrial D Overlay Zoning Districts Only”.
     (c)  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 at a location within any of the districts identified in subsection (a) under the same conditions as specified in this section.
     SECTION 4.  Section 1 shall take effect upon its passage.
     SECTION 5.  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.
     SECTION 6.  Section 3 shall take effect on January 1, 2019 or upon the issuance of all of the licenses authorized in section 2, whichever occurs first.

Approved, October 14, 2016