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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY KNOWN AS THE TOWN OF FRANKLIN TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC 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 city known as the town of Franklin, acting through its town council as the local licensing authority, may grant an 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 MADD Deli, Inc., doing business as Dacey’s Market, located at 353 Lincoln street in the city known as the town of Franklin. The town council shall grant said license only after compliance with the publication, notice and hearing requirements contained in section 15A of said chapter 138 and its determination that the grant of said license satisfies the public need. The license granted pursuant to this section 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 canceled, 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, which may, within 3 years after such return, then grant the license to a new applicant at the same location under the same conditions as specified in this section, otherwise such license shall dissolve.
          (d) The license 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) and (c) thereafter.

SECTION 2. Upon the issuance of the license pursuant to section 1, MADD Deli, Inc. doing business as Dacey’s Market, located at 353 Lincoln street in the city known as the town of Franklin, shall return physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, the license it currently holds pursuant to chapter 382 of the acts of 2020 for the sale of wines and malt beverages not to be drunk on the premises pursuant to section 15 of chapter 138 of the General Laws.

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

Approved, December 29, 2022.