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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 the provisions of sections 12 and 17 of chapter 138 of the General Laws, or any other general or special law or rule or regulation to the contrary, the local alcohol licensing authority of the City of Gardner 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 local alcohol licensing authority shall 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 local alcohol licensing authority of the City of Gardner.
(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 existing all 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 consistent with the purpose of such account.
(d) Notwithstanding said sections 12 and 77 of said chapter 138, the local alcohol licensing authority shall 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 local alcohol licensing authority and the alcoholic beverages control commission of the commonwealth shall determine reasonably whether an applicant or licensee meets the criteria set forth in this act.
(f) Notwithstanding any General or special law or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the department of Revenue indicating that said license is in good standing with said department and that any and all applicable taxes have been paid.
If a license granted under this is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions
pertaining thereto, to the local alcohol licensing authority. Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant said license to a new applicant at the same location and under the same conditions as specified in this section.
SECTION 2. This act shall take effect upon its passage.