HOUSE . . . . . . . . No. 5094
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, November 4, 2024.
The committee on Consumer Protection and Professional Licensure, to
whom was referred the joint petition (accompanied by bill, House, No.
4907) of Colleen M. Garry and Edward J. Kennedy (by vote of the town)
that the town of Tyngsborough be authorized to grant up to three
additional licenses for the sale of all alcoholic beverages to be drunk on
the premises of a restaurant in said town, reports recommending that the
accompanying bill (House, No. 5094) ought to pass [Local Approval
Received].
For the committee,
TACKEY CHAN. 1 of 2
FILED ON: 10/31/2024
HOUSE . . . . . . . . . . . . . . . No. 5094
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Tyngsborough to grant 3 additional licenses 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:
1 SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the
2licensing authority of the town of Tyngsborough may grant up to 3 additional licenses for the
3sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter
4138 to establishments located within the Business 3 General Shopping (B-3) District, as defined
5in subsection (b), upon approval of and under conditions set by the licensing authority of the
6town of Tyngsborough. Any license granted pursuant to this act shall be clearly marked on its
7face “Business 3 General Shopping District” and shall be subject to all of said chapter 138 except
8section 17.
9 (b) The licensing authority of the town of Tyngsborough shall restrict the licenses granted
10pursuant to this act to establishments within the Business 3 General Shopping (B-3) District,
11which for the purposes of this act shall include only such designated B-3 zone located north of
12the Tyngsborough Bridge along Middlesex Road as shown on the map. For the purposes of this
13subsection, “map” shall mean the map entitled “Town of Tyngsborough Massachusetts Zoning 2 of 2
14Districts” dated January 9, 2020, a copy of which is on file in the office of the town clerk of the
15town of Tyngsborough.
16 (c) A license granted pursuant to this act shall only be exercised in the dining room of a
17common victualler and in such other rooms and areas as deemed reasonable and appropriate by
18the licensing authority as certified in writing.
19 (d) The licensing authority of the town of Tyngsborough shall not approve the transfer of
20a license granted under this act to any location outside of the Business 3 General Shopping (B-3)
21District but it may grant a license to a new applicant within said district if the applicant files with
22the licensing authority a letter from the department of unemployment assistance and a letter from
23the department of revenue indicating that the license is in good standing with those departments
24and that all applicable taxes, fees, and contributions have been paid.
25 (e) A license granted under this act shall not be sold or transferred by the licensee. If a
26licensee terminates or fails to renew a license granted pursuant to this act or if a license granted
27under this section is cancelled, revoked or no longer in use, it shall be returned physically, with
28all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority
29which may then grant the license to a new applicant within the Business 3 General Shopping (B-
303) District under the same conditions as specified in this act.
31 (f) A license granted pursuant to this act shall be issued within 3 years after the effective
32date of this act; provided, however, that if the license is originally granted within that time
33period, the license may be granted to a new applicant pursuant to subsections (d) and (e) any
34time thereafter.
35 SECTION 2. This act shall take effect upon its passage.