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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF BEVERLY 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) As used in this act, the following words shall have the following meanings:-
     “Map”, the map entitled “Beverly Proposed Liquor License Area Locations” dated August 12, 2016, a copy of which is on file at the office of the city clerk for the city of Beverly. 
     “Specialty grocery store”, retail food markets that are limited in scale and offer food provisions including, but not limited to, fresh produce, dairy, baked goods and meats similar to a delicatessen or green grocer; provided, however, that a specialty grocery store may include locally-grown or locally-made food and beverages and may also include prepared food for consumption off the premises.
     (b)  Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Beverly may grant: (i) 6 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138; provided, however, that 2 of these licenses shall be restricted to establishments with seating capacities of not more than 150 persons; and (iii) 3 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138; provided, however, that these licenses shall be restricted to specialty grocery stores. The licensing authority of the city of Beverly may further restrict the licenses for the sale of all alcoholic beverages to holders of a common victualler license. The licensing authority of the city of Beverly may, for 1 or more of the licenses, grant the licenses authorized by this section to establishments within the following areas, the boundaries of which are shown on the map: (i) North Beverly area; (ii) Route 22 area; (iii) Farms/Prides area; (iv) Ryal Side area; and (v) Downtown/Waterfront area.
     (c)  The licenses issued pursuant to this section shall be subject to all of said chapter 138, except said section 17.
     (d)  The licensing authority shall not approve the transfer of a license granted pursuant to this act to any other location or area, but it may grant the license to a new applicant at the same location and pursuant to the same conditions specified in this act if the applicant files 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 act 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 the same location pursuant to the same conditions specified in this act. 
     (f)  Notwithstanding sections 12 and 15 of chapter 138 of the General Laws, a license issued pursuant to this act may be subject to an initial acquisition fee in an amount to be determined by the city of Beverly which shall be in addition to any existing annual license fee applicable in the city of Beverly for the sale of wines and malt beverages to be drunk on the premises, for the sale of all alcoholic beverages to be drunk on premises or for the sale of all alcoholic beverages not to be drunk on the premises.  The initial acquisition fee shall be due and payable upon the original issuance of the license and also upon the issuance of a license to a new applicant pursuant to this act.
     SECTION 2.  This act shall take effect upon its passage.

Approved, November 10, 2016