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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF PLAINVILLE 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 Plainville may grant 5 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 1 additional license for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138, to establishments located within the town's 2 zoned development areas, as defined by the town's zoning map, as it existed as of October 17, 2018, upon approval of and under conditions set by the licensing authority of the town of Plainville. A license granted under this act shall be clearly marked on its face “Route 1 Corridor” or “Central Business District/Downtown Area” and shall be subject to all of said chapter 138 except said section 17.

(b)  The licensing authority shall restrict the 5 licenses for the sale of all alcoholic beverages to be drunk on the premises under section 12 and 1 license for the sale of all alcoholic beverages not to be drunk on the premises under section 15 authorized in this act to the 2 zoned development areas as follows:

(i)  three licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 and 1 license for the sale of all alcoholic beverages not to be drunk on the premises pursuant to said section 15 of said chapter 138 shall be issued to establishments located within the Route 1 Corridor, to comprise the area to include parcels immediately along United States route 1 and Taunton street, as those areas are designated as Route 1 Corridor on the map; provided, however, that for the purposes of this paragraph, “map” shall mean the parcel specific corridor areas designated as Route 1 Corridor, dated October 17, 2018, a copy of which is on file in the office of the Plainville town clerk; and

    (ii)  two licenses for the sale of all alcoholic beverages to be drunk on the premises under section 12 shall be issued to establishments located within the Central Business District/Downtown Area, to comprise the area to include parcels immediately along: (A) South street, (B) West Bacon street from South street until Fletcher street; or (C) East Bacon street from South street until Pleasant street, as those areas are designated as Central Business District/Downtown Area on the map; provided, however, that for the purposes of this paragraph, “map” shall mean the parcel specific corridor areas designated as Central Business District/Downtown Area, dated October 17, 2018, a copy of which is on file in the office of the Plainville town clerk.

(c)  A license granted pursuant to this section shall only be exercised in the dining room of a common victualler and in such other public rooms or areas as may be deemed reasonable and appropriate by the licensing authority as certified in writing.

(d) The licensing authority shall not approve the transfer of a license granted pursuant to this section to a location outside of the initial zoned area as defined in clause (i) or (ii) of subsection (b) but it may grant a license to a new applicant located within the initial zoned area as defined in said clause (i) or (ii) of said subsection (b) 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 licensee terminates or fails to renew a license granted pursuant to this section or any such 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 in the town’s two zoned development areas under the same conditions as specified in this section.

(f)  All licenses granted pursuant to this section shall be issued within 2 years after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (d) or (e) thereafter.  

SECTION 2.  (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Plainville may grant an additional license for the sale of wines and malt beverages not to be drunk on the premises, pursuant to section 15 of said chapter 138, to Westwood Property Management LLC. d/b/a Plainville Shell Station, located at 10 Taunton street in the town. The license shall be subject to all of said chapter 138 except said section 17.

(b)  The licensing authority shall not approve the transfer of the 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 licensee terminates or fails to renew a license granted under this section or any such license 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 under the same conditions as specified in this section.

(d)  All licenses granted under this section shall be issued within 1 year after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (b) or (c) thereafter.

SECTION 3.  This act shall take effect upon its passage.

Approved, December 23, 2020.