PETITION OF:

AN ACT AUTHORIZING THE CITY OF NEW BEDFORD TO GRANT 18 ADDITIONAL LICENSES FOR THE SALE OF WINE & MALT 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 section 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 New Bedford may grant 18 additional licenses for the sale of Wine & Malt 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 areas designated as those for the purpose of revitalization and to promote economic vitality. (c) The local alcohol licensing authority shall restrict the granting of the (18) licenses authorized pursuant to this act within the following ‘Districts’ and with the following limitations; 6 licenses shall be granted at a location within the North End ‘District’ (Wards 1 & 2), each such license may be re-issued at the original location or may be transferred to a new location for use only by the existing license holder; or be granted to another location within the North End District, provided, however, they shall not be granted or transferred to another ‘District’. 6 licenses shall be granted at a location within the Downtown/West End ‘District’ (Wards 3 & 4), each such license may be re-issued at the original location or may be transferred to a new location for use only by the existing license holder; or be granted to another location within the Downtown/West End ‘District’ (Wards 3 & 4), provided, however, they shall not be granted or transferred to another ‘District’; and 6 licenses shall be granted at a location within the South End ‘District’ (Wards 5 & 6); each such license may be re-issued at the original location or may be transferred to a new location for use only by the existing license holder; or be granted to another location within the ‘South End ‘District’, provided, however, they shall not be granted or transferred to another ‘District’.

(d) Notwithstanding said section 12 of said chapter 138, these additional licenses shall be subject to a one-time fee of $2,500.00 (Each New Applicant) more than the annual fee for existing Wine & Malt beverages licenses in the City of New Bedford. The additional $2,500.00 fee shall be deposited into an economic development account in the City of New Bedford and expended consistent with the purpose of such account. (e) Notwithstanding said sections 12 and 77 of said chapter 138, the local licensing authority shall restrict the licenses issued pursuant to this act to restaurants providing direct bar service only to patrons eating 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. (f) 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 action.

(g) Any license authorized by this act is a personal privilege and is not sellable by the licensee or otherwise transferable from the licensee. If a licensee ceases operation for any reason, the said license shall revert back to the City for re-issuance at the City’s discretion, based on but not limited to size, type of operation, and reputation of the applicant. (h) 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 within said district or at the same location or to any other location that is not within the district to which it has been assigned. 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 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 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 OR at any new location under the same conditions, as specified in this section. (i) Licenses shall be granted only to those applicants who by agreement with the New Bedford Licensing Board have accepted the provisions of this section, as a condition of the licensee’s alcoholic beverage license.

(j) Licensing Board approval of a loan by another to the licensee with the designation of the license as collateral shall not be deemed an express or implied modification of any of the provisions in this section.

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