AN ACT AUTHORIZING THE TOWN OF ROCHESTER 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 licensing authority of the town of Rochester 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 an establishment located within the Cranberry Highway Smart Growth Overlay District, as defined in subsection (b), upon approval of and under conditions set by the licensing authority. The license granted pursuant to this act shall be subject to all of said chapter 138 except said section 17.
(b) The licensing authority of the town of Rochester shall restrict the license granted pursuant to this act to an establishment located within the Cranberry Highway Smart Growth Overlay District, which for purposes of this act shall comprise the area to include parcels immediately along: (i) state highway route 28; (ii) state highway route 58; and (iii) Country lane, as those areas are designated on the map entitled “Cranberry Highway Smart Growth Overlay District, Cranberry Highway Rochester, MA” and dated April 8, 2019, a copy of which is on file in the office of the town clerk.
(c) The licensing authority of the town of Rochester shall not approve the transfer of the license granted pursuant to this act to a location outside of the Cranberry Highway Smart Growth Overlay District, but the licensing authority may grant the license to a new applicant within the Cranberry Highway Smart Growth Overlay District 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.
(d) A license granted pursuant to this act shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew the license granted pursuant to this act 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 in the Cranberry Highway Smart Growth Overlay District under the same conditions as specified in this act.
(e) The license granted pursuant to this act shall be issued within 3 years after the effective date of this act; provided, however, that if the license is originally granted within that time period, the license may be granted to a new applicant pursuant to subsections (c) or (d) thereafter.
SECTION 2. This act shall take effect on July 31, 2023.
Approved, July 31, 2023.