AN ACT AUTHORIZING THE CITY OF EASTHAMPTON TO GRANT 8 ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES, 4 ADDITIONAL LICENSES FOR THE SALE OF WINE AND MALT BEVERAGES TO BE DRUNK ON THE PREMISE AND 1 ADDITIONAL LICENSE FOR THE SALE OF WINE AND MALT BEVERAGES NOT 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 city of Easthampton may grant under conditions set by the licensing authority: (i) 8 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 4 additional licenses for the sale of wine and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138; and (iii) 1 additional license for the sale of wine and malt beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to establishments located within the 3 development zones in subsection (b), as those areas are defined by the city’s zoning map, as it existed of January, 2015. A license granted under this act shall be clearly marked on its face “Downtown Business District”, “Mill Industrial District” or “Highway Business District” and shall be subject to all of said chapter 138 except said section 17.
(b) The licensing authority shall restrict the 13 licenses authorized in this section as follows:
(i) 3 licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 licenses for the sale of wine and malt beverages to be drunk on the premises shall be issued to establishments located within the Downtown Business District;
(ii) 3 licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 licenses for the sale of wine and malt beverages to be drunk on the premises shall be issued to the establishments located within the Mill Industrial District; and
(iii) 2 licenses for the sale of all alcoholic beverages to be drunk on the premises and 1 license for the sale of wine and malt beverages not to be drunk on the premises shall be issued to establishments located within the Highway Business District.
(c) A license for the sale of all alcoholic beverages or for wine and malt beverages to be drunk on the premises under said section 12 of said chapter 138 granted under this section shall only be exercised in the dining room of a common victualler and in such other public rooms or areas as 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 under this act to a location outside of the district for which the license was initially granted under subsection (b), but it may grant a license to a new applicant within the district for which the license was initially granted under 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 under this section or if a license granted under this act is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, which may then grant the license to a new applicant under the same conditions as specified in this act.
(f) All licenses granted pursuant to this act shall be issued not later than 3 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 subsection (d) or (e) any time thereafter.
SECTION 2. This act shall take effect upon its passage.
Approved, March 25, 2020.