By Ms. Peisch of Wellesley, petition (accompanied by bill, House, No. 5021) of Alice Hanlon Peisch (by vote of the town) that the town of Weston be authorized to issuea license for the sale of alcoholic beverages to be drunk on the premises to oJosiah Smith Tavern and Barn. Consumer Protection and Professional Licensure. [Local Approval Received.]

The Commonwealth of Massachusetts

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PETITION OF:

Alice Hanlon Peisch

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In the Year Two Thousand and Eight.

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An Act authorizing the town of Weston to hold a license 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. Notwithstanding the provisions of sections 12 and 17 of chapter 138 of the General Laws or any other general or special law to the contrary, for the purpose of operating the Josiah Smith Tavern and Barn, a town-owned building located at 358 Boston Post Road, in Weston, Massachusetts, the town of Weston may hold a license for the sale of all alcoholic beverages to be drunk on the premises at the Josiah Smith Tavern and Barn. The board of selectmen shall not approve the transfer of such license to any other entity or location. The board of selectmen may enter into a management and operations agreement or agreements for the exercise of the license at this location. Such agreement or agreements may allow the manager or operator to share in any or all of the profits of the exercise of the license, and such agreement or agreements shall not be deemed a license transfer for purposes of chapter 138 of the General Laws. The town may, at its discretion, by bylaw or vote, form a committee to act as applicant for and holder of such license on behalf of the town.

SECTION 2. Notwithstanding the provisions of section 58 of chapter 44 of the General Laws, the town of Weston may pay bills incurred for the purchase of all alcoholic beverages or management or operations services acquired for use with the license authorized in section 1.

SECTION 3. 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 of the town of Weston shall cause to be placed on the ballot at a regular town election the following question:

“Shall an act passed by the general court in the year 2008, entitled ‘An Act Authorizing the Town of Weston to Hold a License for the Sale of All Alcoholic Beverages to be Drunk on the Premises,’ be accepted?”

Below the ballot question shall appear a fair and concise summary of the ballot question prepared by the 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 Town to hold a license for the sale of all alcoholic beverages to be drunk on the premises.

SECTION 4. This act shall take effect upon its passage.