By Mr. Linsky of Natick, petition (accompanied by bill, House, No. 4831) of David Paul Linskyand  others (by vote of the town) that the town of Natick be authorized to grantadditional licenses for the sale of alcoholic beverages to be drunk on the premisesof such licensees. Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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PETITION OF:

David Paul Linsky

Alice Hanlon Peisch

Scott P. Brown

Karen E. Spilka

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In the Year Two Thousand and Eight.

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An Act authorizing the town of Natick to grant eight additional licenses for the sale of 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 local licensing authority of the town of Natick may grant eight (8) additional licenses for the sale of alcoholic beverages to be drunk on the premises within a category of license that the local licensing authority has independent authority to grant, subject to the conditions set forth in this section.

(b) The local licensing authority shall restrict the issuance of licenses pursuant to this act to the area within the Downtown Mixed Use (DM) Use District or the Housing Overlay Option Plan – 1 (HOOP – 1) Use District in the town of Natick for the purpose of downtown development and to promote economic vitality.

(c) Notwithstanding any general or special law or rule or regulation to the contrary, the local licensing authority shall not approve the transfer of a license issued pursuant to this act to any location outside of the said Downtown Mixed Use (DM) Use District or the said Housing Overlay Option Plan – 1 (HOOP – 1) Use District in the town of Natick.  Said license may be reissued by the local licensing authority at the same location if the applicant files with the local licensing authority a statement in writing from the Massachusetts Department of Revenue that the license is in good standing with that Department and that all applicable taxes have been paid.

(d) Notwithstanding said Section 12 of Chapter 138 of the General Laws, the additional licenses authorized in this act may be subject to an original license fee of two thousand five hundred dollars ($2,500) in addition to the annual fee for existing all alcoholic beverages licenses or wines and malt beverages licenses, as applicable, in the town of Natick.  If the town imposes the aforementioned fee, such fee shall be due and payable upon the original issuance of the license and also upon the reissuance of the license pursuant to this act, and the additional fee shall be deposited in an economic development account of the town of Natick and expended by and under the direction of the Natick Board of Selectmen, consistent with the purpose of such account.

(e) If a license issued under this act 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 licensing authority.  The local licensing authority may then reissue that license to a new applicant who meets the criteria set forth in this act and whose business is located within the area described in subsection (b) above. Such reissuance may be subject to the payment of a reissuance fee of two thousand five hundreds dollars ($2,500) under the same conditions as specified in this act and shall be deposited in an economic development account of the town of Natick and expended by and under the direction of the Natick Board of Selectmen, consistent with the purpose of such account.

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