PETITION OF:

Voted, to petition the general Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Mayor and City Council Finance Committee approve amendments to the bill before enactment by the general Court. The Mayor and City Council Finance Committee are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.

AN ACT AUTHORIZING THE CITY OF GARDNER TO GRANT 3 ADDITIONAL

LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES 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 sections 12 and 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the Gardner licensing board shall grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, subject to the conditions set forth in this act.

(b) The licensing board may reserve the alcoholic beverages licenses issued pursuant to this act to the area designated as an Urban Renewal Area for the purpose of downtown revitalization and to promote economic vitality. The area is more particularly shown on a plan entitled "Urban Renewal Area", which is on file with the City of Gardner licensing board and attached hereto.

(c) Notwithstanding said section 12 of said chapter 138, these additional licenses shall be subject to an annual fee of $2,500 more than the annual fee for all existing alcoholic beverages licenses in the City of Gardner. The additional $2,500 fee shall be deposited into an economic development account in the City of Gardner and expended consistently with the purpose of such account

(d) Notwithstanding said sections 12 and 77 of said chapter 138, the licensing board may restrict the licenses issued pursuant to this act to restaurants providing direct bar service only to patrons eating a meal at the bar or waiting to be seated for a meal and the license holder shall maintain a direct management role in the daily operation of the restaurant Any such restaurant shall be determined to be a bona fide restaurant if it operates a full kitchen for a minimum of 8 hours per day or, if it is open for less than 8 hours per day, it operates a full kitchen for the entire period it is open.

(e) The licensing board and the alcoholic beverages control commission shall determine reasonably whether an applicant or licensee meets the criteria set forth in this act.

(f) The licenses shall not be transferable.

(g) The licenses, if revoked or not longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing board. The licensing board may grant the returned license to a new applicant who meets the criteria of this act; provided however, that no such license shall be re-issued to the same location within 6 months from the date said license terminated unless the applicant files a letter in writing from the department of Revenue with the local licensing authority indicating the prior licensee's good standing with said Department

SECTION 2. This act shall take effect upon its passage.