| 1 | 1 | | HOUSE . . . . . . . . No. 4688 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, May 30, 2024. |
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| 5 | 5 | | The committee on Consumer Protection and Professional Licensure, to |
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| 6 | 6 | | whom was referred the joint petition (accompanied by bill, House, No. |
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| 7 | 7 | | 4588) of Todd M. Smola and Jacob R. Oliveira (by vote of the town) that |
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| 8 | 8 | | the town of Palmer be authorized to issue two additional licenses for the |
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| 9 | 9 | | sale of all alcoholic beverages to be drunk on the premises and one |
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| 10 | 10 | | additional license for the sale of all alcoholic beverages not to be drunk on |
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| 11 | 11 | | the premise in said town, reports recommending that the accompanying |
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| 12 | 12 | | bill (House, No. 4688) ought to pass. [Local Approval Received.] |
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| 13 | 13 | | For the committee, |
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| 14 | 14 | | TACKEY CHAN. 1 of 2 |
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| 15 | 15 | | FILED ON: 5/28/2024 |
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| 16 | 16 | | HOUSE . . . . . . . . . . . . . . . No. 4688 |
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| 17 | 17 | | The Commonwealth of Massachusetts |
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| 18 | 18 | | _______________ |
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| 19 | 19 | | In the One Hundred and Ninety-Third General Court |
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| 20 | 20 | | (2023-2024) |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | An Act authorizing the town of Palmer to grant additional licenses for the sale of all alcoholic |
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| 23 | 23 | | beverages. |
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| 24 | 24 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 25 | 25 | | of the same, as follows: |
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| 26 | 26 | | 1 SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the |
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| 27 | 27 | | 2licensing authority of the town of Palmer may grant 3 additional licenses for the sale of all |
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| 28 | 28 | | 3alcoholic beverages as follows: (i) 1 license for the sale of all alcoholic beverages to be drunk on |
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| 29 | 29 | | 4the premises pursuant to section 12 of said chapter 138 to Tables at the Farm located at 3092 |
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| 30 | 30 | | 5Palmer St, and 1 license for the sale of all alcoholic beverages to be drunk on the premises |
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| 31 | 31 | | 6pursuant to said section 12 of said chapter 138 to Don Juans Cantina Palmer LLC located at 1519 |
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| 32 | 32 | | 7N. Main St.; and (ii) 1 license for the sale of all alcoholic beverages not to be drunk on the |
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| 33 | 33 | | 8premises pursuant to section 15 of said chapter 138 to Lukes' located at 1478 N. Main St. The |
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| 34 | 34 | | 9licenses granted under this section shall be subject to all of the said chapter 138 except said |
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| 35 | 35 | | 10section 17. |
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| 36 | 36 | | 11 (b) A license granted under clause (i) of subsection (a) of this section shall only be |
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| 37 | 37 | | 12exercised in the dining room of a common victualler and other public rooms or areas considered |
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| 38 | 38 | | 13reasonable and appropriate by the licensing authority as certified in writing. 2 of 2 |
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| 39 | 39 | | 14 (c) The licensing authority shall not approve the transfer of a license granted pursuant to |
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| 40 | 40 | | 15this section to any other location, but it may grant the license to a new applicant at the same |
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| 41 | 41 | | 16location if the applicant files with the licensing authority a letter from the department of revenue |
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| 42 | 42 | | 17and a letter from the department of unemployment assistance indicating that the license is in |
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| 43 | 43 | | 18good standing with those departments and that all applicable taxes, fees and contributions have |
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| 44 | 44 | | 19been paid. |
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| 45 | 45 | | 20 (d) If a licensee terminates or fails to renew a license granted under this section or any |
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| 46 | 46 | | 21such license is cancelled, revoked or no longer in use, it shall be returned physically, with all |
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| 47 | 47 | | 22legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the |
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| 48 | 48 | | 23licensing authority may, within 3 years after such return, then grant the license to a new applicant |
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| 49 | 49 | | 24at the same location under the same conditions as specified in this section, otherwise such license |
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| 50 | 50 | | 25shall dissolve. |
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| 51 | 51 | | 26 (e) A license granted under this section shall be issued within 1 year after the effective |
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| 52 | 52 | | 27date of this act; provided, however, that a license originally granted within that time period may |
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| 53 | 53 | | 28be granted to a new applicant under subsections (c) and (d) thereafter. |
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| 54 | 54 | | 29 SECTION 2. Upon issuance of the license authorized in clause (ii) of subsection (a) of |
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| 55 | 55 | | 30section 1, the licensee shall return physically, with all of the legal rights, privileges and |
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| 56 | 56 | | 31restrictions pertaining thereto, to the licensing authority, its license for the sale of wine and malt |
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| 57 | 57 | | 32beverages not to be drunk on the premises under section 15 of chapter 138. |
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| 58 | 58 | | 33 SECTION 3. This act shall take effect upon its passage. |
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