Senate Bill, No. 2358

SENATE, No. 2358

By Ms. Wilkerson, a petition (accompanied by bill, Senate, No. 2358) of Dianne Wilkerson (with the approval of the mayor and city council) for legislation to establish additional licenses for the sale of alcoholic
beverages in the city of Boston. Consumer Protection and
Professional Licensure. {Local approval received.}

Version with line numbers

The Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT ESTABLISHING ADDITIONAL LICENSES FOR THE SALEOF ALCOHOLC BEVERAGES

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. Section 17 of chapter 138 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

The licensing board for the city of Boston may grant up to forty (40) additional licenses for the sale of all alcoholic beverages to be drunk on the premises and up to thirty (30) additional licenses for the sale of wines and malt beverages to be drunk on the premises. Notwithstanding the first sentence, eight (8) of the additional all alcoholic beverages licenses shall be granted only to innholders duly licensed under chapter 140 to conduct a hotel, and ten (10) of the additional all alcoholic beverages licenses shall be granted, to existing holders of licenses for the sale of wines and malt beverages under section 12 provided that those licensees return to the licensing board, the licenses that they currently hold. The remaining licenses for the sale of all alcoholic beverages to be drunk on the premises and the thirty (30) additional licenses for the sale of wines and malt beverages to be drunk on the premises shall be granted within the areas designated by the Boston Redevelopment Authority as main street districts, urban renewal areas, empowerment zones, municipal harbor plan areas, or within one-half mile of the East Boston Main Street district. Once issued to a licensee within a Boston Redevelopment Authority designated area, the licensing board shall not approve the transfer of that license to a location outside of the designated area. A license granted pursuant to this paragraph shall be nontransferable to any other person, corporation, or organization and shall be clearly marked nontransferable on the face of the license. A license issued under this paragraph, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing board which may then grant the returned license to a new applicant consistent with the criteria set forth in this paragraph. No license shall be re-issued to the same location unless the applicant files a letter in writing from the department of revenue with the local licensing authority indicating that the license is in good standing with the department and that all applicable taxes have been paid.

SECTION 2. The licensing board for the city of Boston may deny a license to an applicant under section 1 based on the standards set forth in section 23 of chapter 138 of the General Laws.

SECTION 3. This act shall take effect upon its passage.