| 1 | 1 | | HOUSE . . . . . . . . No. 5094 |
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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, November 4, 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 | | 4907) of Colleen M. Garry and Edward J. Kennedy (by vote of the town) |
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| 8 | 8 | | that the town of Tyngsborough be authorized to grant up to three |
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| 9 | 9 | | additional licenses for the sale of all alcoholic beverages to be drunk on |
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| 10 | 10 | | the premises of a restaurant in said town, reports recommending that the |
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| 11 | 11 | | accompanying bill (House, No. 5094) ought to pass [Local Approval |
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| 12 | 12 | | 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: 10/31/2024 |
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| 16 | 16 | | HOUSE . . . . . . . . . . . . . . . No. 5094 |
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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 Tyngsborough to grant 3 additional licenses for the sale of all |
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| 23 | 23 | | alcoholic beverages to be drunk on the premises. |
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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 Tyngsborough may grant up to 3 additional licenses for the |
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| 28 | 28 | | 3sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter |
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| 29 | 29 | | 4138 to establishments located within the Business 3 General Shopping (B-3) District, as defined |
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| 30 | 30 | | 5in subsection (b), upon approval of and under conditions set by the licensing authority of the |
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| 31 | 31 | | 6town of Tyngsborough. Any license granted pursuant to this act shall be clearly marked on its |
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| 32 | 32 | | 7face “Business 3 General Shopping District” and shall be subject to all of said chapter 138 except |
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| 33 | 33 | | 8section 17. |
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| 34 | 34 | | 9 (b) The licensing authority of the town of Tyngsborough shall restrict the licenses granted |
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| 35 | 35 | | 10pursuant to this act to establishments within the Business 3 General Shopping (B-3) District, |
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| 36 | 36 | | 11which for the purposes of this act shall include only such designated B-3 zone located north of |
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| 37 | 37 | | 12the Tyngsborough Bridge along Middlesex Road as shown on the map. For the purposes of this |
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| 38 | 38 | | 13subsection, “map” shall mean the map entitled “Town of Tyngsborough Massachusetts Zoning 2 of 2 |
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| 39 | 39 | | 14Districts” dated January 9, 2020, a copy of which is on file in the office of the town clerk of the |
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| 40 | 40 | | 15town of Tyngsborough. |
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| 41 | 41 | | 16 (c) A license granted pursuant to this act shall only be exercised in the dining room of a |
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| 42 | 42 | | 17common victualler and in such other rooms and areas as deemed reasonable and appropriate by |
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| 43 | 43 | | 18the licensing authority as certified in writing. |
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| 44 | 44 | | 19 (d) The licensing authority of the town of Tyngsborough shall not approve the transfer of |
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| 45 | 45 | | 20a license granted under this act to any location outside of the Business 3 General Shopping (B-3) |
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| 46 | 46 | | 21District but it may grant a license to a new applicant within said district if the applicant files with |
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| 47 | 47 | | 22the licensing authority a letter from the department of unemployment assistance and a letter from |
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| 48 | 48 | | 23the department of revenue indicating that the license is in good standing with those departments |
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| 49 | 49 | | 24and that all applicable taxes, fees, and contributions have been paid. |
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| 50 | 50 | | 25 (e) A license granted under this act shall not be sold or transferred by the licensee. If a |
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| 51 | 51 | | 26licensee terminates or fails to renew a license granted pursuant to this act or if a license granted |
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| 52 | 52 | | 27under this section is cancelled, revoked or no longer in use, it shall be returned physically, with |
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| 53 | 53 | | 28all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority |
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| 54 | 54 | | 29which may then grant the license to a new applicant within the Business 3 General Shopping (B- |
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| 55 | 55 | | 303) District under the same conditions as specified in this act. |
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| 56 | 56 | | 31 (f) A license granted pursuant to this act shall be issued within 3 years after the effective |
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| 57 | 57 | | 32date of this act; provided, however, that if the license is originally granted within that time |
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| 58 | 58 | | 33period, the license may be granted to a new applicant pursuant to subsections (d) and (e) any |
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| 59 | 59 | | 34time thereafter. |
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| 60 | 60 | | 35 SECTION 2. This act shall take effect upon its passage. |
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