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| 2 | 2 | | HOUSE DOCKET, NO. 3201 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 393 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | William M. Straus and Michael J. Rodrigues |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act authorizing the town of Rochester to grant an additional license for the sale of alcoholic |
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| 13 | 13 | | beverages not to be drunk on the premises. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/20/2023Michael J. RodriguesFirst Bristol and Plymouth1/20/2023 1 of 3 |
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| 17 | 17 | | HOUSE DOCKET, NO. 3201 FILED ON: 1/20/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 393 |
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| 19 | 19 | | By Representative Straus of Mattapoisett and Senator Rodrigues, a joint petition (accompanied |
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| 20 | 20 | | by bill, House, No. 393) of William M. Straus and Michael J. Rodrigues (by vote of the town) |
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| 21 | 21 | | that the town of Rochester be authorized to grant an additional license for the sale of alcoholic |
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| 22 | 22 | | beverages not to be drunk on the premises in said town. Consumer Protection and Professional |
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| 23 | 23 | | Licensure. [Local Approval Received.] |
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| 24 | 24 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 25 | 25 | | SEE HOUSE, NO. 4747 OF 2021-2022.] |
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| 26 | 26 | | The Commonwealth of Massachusetts |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | In the One Hundred and Ninety-Third General Court |
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| 29 | 29 | | (2023-2024) |
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| 30 | 30 | | _______________ |
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| 31 | 31 | | An Act authorizing the town of Rochester to grant an additional license for the sale of alcoholic |
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| 32 | 32 | | beverages not to be drunk on the premises. |
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| 33 | 33 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 34 | 34 | | of the same, as follows: |
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| 35 | 35 | | 1 SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the |
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| 36 | 36 | | 2licensing authority of the town of Rochester may grant an additional license for the sale of all |
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| 37 | 37 | | 3alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to |
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| 38 | 38 | | 4establishments located within the Cranberry Highway Smart Growth Overlay District, as defined |
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| 39 | 39 | | 5in subsection (b), upon approval of and under conditions set by the licensing authority of the |
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| 40 | 40 | | 6town of Rochester. The license shall be subject to all of said chapter 138 except said section 17. |
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| 41 | 41 | | 7 (b) The licensing authority of the town of Rochester shall restrict the license granted |
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| 42 | 42 | | 8pursuant to this act to establishments located within the Cranberry Highway Smart Growth 2 of 3 |
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| 43 | 43 | | 9Overlay District, which for purposes of this act shall comprise the area to include parcels |
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| 44 | 44 | | 10immediately along: (i) route 28; (ii) route 58; and (iii) Country Lane, as those areas are |
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| 45 | 45 | | 11designated as the Cranberry Highway Smart Growth Overlay District on the map. For the |
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| 46 | 46 | | 12purposes of this subsection, “map” shall mean the map entitled “Cranberry Highway Smart |
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| 47 | 47 | | 13Growth Overlay District, Rochester, Massachusetts” dated April 20, 2019, a copy of which is on |
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| 48 | 48 | | 14file in the office of the town clerk of the town of Rochester. |
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| 49 | 49 | | 15 (c) The licensing authority of the town of Rochester shall not approve the transfer of the |
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| 50 | 50 | | 16license granted pursuant to this act to a location outside of the town’s Cranberry Highway Smart |
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| 51 | 51 | | 17Growth Overlay District, but it may grant the license to a new applicant within the Cranberry |
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| 52 | 52 | | 18Highway Smart Growth Overlay District if the applicant files with the local licensing authority a |
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| 53 | 53 | | 19letter from the department of revenue and a letter from the department of unemployment |
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| 54 | 54 | | 20assistance indicating that the license is in good standing with those departments and that all |
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| 55 | 55 | | 21applicable taxes, fees and contributions have been paid. |
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| 56 | 56 | | 22 (d) The license granted pursuant to this act shall not be sold or transferred by the licensee. |
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| 57 | 57 | | 23If a licensee terminates or fails to renew the license granted pursuant to this act or any such |
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| 58 | 58 | | 24license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the |
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| 59 | 59 | | 25legal rights, privileges and restrictions pertaining thereto, to the local licensing authority, and the |
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| 60 | 60 | | 26local licensing authority may then grant the license to a new applicant within the Cranberry |
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| 61 | 61 | | 27Highway Smart Growth Overlay District under the same conditions as specified in this act. |
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| 62 | 62 | | 28 (e) The license granted pursuant to this act shall be issued within 3 years after the |
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| 63 | 63 | | 29effective date of this act; provided, however, that if the license is originally granted within that |
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| 64 | 64 | | 30time period, it may be granted to a new applicant pursuant to subsection (c) or (d) thereafter. 3 of 3 |
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| 65 | 65 | | 31 SECTION 2. This act shall take effect upon its passage. |
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