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An Act AUTHORIZING THE TOWN OF WESTON TO GRANT A SINGLE LICENSE FOR THE SALE OF WINE AT A FOOD STORE |
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. Notwithstanding the provisions of section 17 of chapter 138 of the General Laws, the Board of Selectmen acting as the licensing authority of the town of Weston may grant to Suran Avordessian d/b/a Omni Foods and located at 21 Center Street in the Town of Weston a license for the sale of wines not to be drunk on the premises under the provisions of section 15 of said chapter 138. Except as otherwise provided herein, such license shall be subject to all the provisions of said chapter 138 except for said section 17.
For the purposes of this act “food store” shall mean a grocery store or supermarket which sells at retail, food for consumption off the seller’s premises either alone or in combination with grocery items or other non-durable items typically found in a grocery store, provided such items are sold to individuals for their own personal, family or household use; provided further, that such food store must carry fresh and processed meat, poultry, dairy products, eggs, fresh fruit and produce, baked goods and baking ingredients, canned goods, and dessert items.
Notwithstanding the foregoing, a convenience store or specialty store shall not be considered a food store for purposes of this section. Provided further that the board of selectmen as licensing authority shall have the discretion to determine whether a icense applicant is a food store or a convenience or specialty store. The board of selectmen shall be guided in its determination by factors such as the volume of sales, actual or proposed, and the extent and range of merchandise offered for sale. The holder of such a license may sell wine alone or in combination with any other item or items offered for sale.
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 the license granted under this section 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 the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
SECTION 2. Notwithstanding sections 11 and 11A of chapter 138 of the General Laws or any other general or special law to the contrary, the board of selectmen shall cause to the placed on the ballot at a regular election the following question:-
“Shall an act passed by the General Court in the year 2007, entitled ‘An Act Authorizing the Town of Weston to Grant a Single License for the Sale of Wine at a Food Store’, be accepted?”
Below the ballot question shall appear a fair and concise summary of the ballot question prepared by town counsel and approved by the board of selectmen. If a majority of votes cast in answer to the question is in the affirmative, the town shall be taken to have authorized the granting of a license for the sale of wine not to be drunk on the premises to a food store.
SECTION 3. This act shall take effect upon its passage.
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