Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5126 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 5126
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, November 27, 2024.
5	5	The committee on Consumer Protection and Professional Licensure, to
6	6	whom was referred the petition (accompanied by bill, House, No. 4663) of
7	7	Michelle L. Ciccolo, Cindy F. Friedman and Michael J. Barrett (by vote of
8	8	the town) that the town of Lexington be authorized to grant ten additional
9	9	licenses for the sale of wine and malt beverages to be drunk on the
10	10	premises in said town, reports recommending that the accompanying bill
11	11	(House, No. 5126) ought to pass [Local Approval Received].
12	12	For the committee,
13	13	TACKEY CHAN. 1 of 3
14	14	FILED ON: 11/25/2024
15	15	HOUSE . . . . . . . . . . . . . . . No. 5126
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act authorizing the town of Lexington to grant ten additional licenses for the sale of wine
22	22	and malt beverages to be drunk on the premises.
23	23	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
24	24	of the same, as follows:
25	25	1 SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the
26	26	2licensing authority of the town of Lexington may grant 10 additional licenses for the sale of wine
27	27	3and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 as
28	28	4follows: (i) 1 license to Pinot's Palette, located at 7A Meriam Street in Lexington; (ii) 1 license to
29	29	5Galaray House Art Gallery, located at 1720 Massachusetts Avenue in Lexington; (iii) 1 license
30	30	6to Lexington Venue Theater, located at 1794 Massachusetts Avenue in Lexington; and (iv) 7
31	31	7licenses to establishments located within the three economic development zones described in
32	32	8subsection (b). A license granted under said subsection (b) shall be clearly marked on its face
33	33	9either “Village Overlay District”, “Multifamily Overlay District”, or “Village High-Rise Overlay
34	34	10District” as applicable. Licenses granted under this act shall be subject to all of said chapter 138
35	35	11except said section 17.
36	36	12 (b) The licensing authority shall restrict the 7 licenses granted under clause (iv) of
37	37	13subsection (a) to establishments located within either the “Village Overlay District”, 2 of 3
38	38	14“Multifamily Overlay District”, or “Village High-Rise Overlay District” as those areas are
39	39	15defined on a map entitled “Article 34 Overlay Districts Map” dated March 24, 2023, a copy of
40	40	16which is on file in the office of the town clerk.
41	41	17 (c) A license granted under this act shall only be exercised in the dining room of a
42	42	18common victualler and in such other public rooms or areas as may be deemed reasonable and
43	43	19appropriate by the licensing authority as certified in writing.
44	44	20 (d)(1) The licensing authority shall not approve of the transfer of a license granted
45	45	21pursuant to clauses (i), (ii), or (iii) of subsection (a) to any other location, but it may grant a
46	46	22license to a new applicant at the same location if the applicant files with the licensing authority a
47	47	23letter from the department of revenue and a letter from the department of unemployment
48	48	24assistance indicating the license is in good standing with those departments and that all
49	49	25applicable taxes, fees, and contributions have been paid.
50	50	26 (2) The licensing authority shall not approve of the transfer of a license granted pursuant
51	51	27to clause (iv) of subsection (a) to a location outside of the initial zoned area as described in
52	52	28subsection (b), but it may grant a license to a new applicant within such initial zoned area if the
53	53	29applicant files with the licensing authority a letter from the department of revenue and a letter
54	54	30from the department of unemployment assistance indicating the license is in good standing with
55	55	31those departments and that all applicable taxes, fees, and contributions have been paid.
56	56	32 (e)(1) If a licensee fails to renew a license granted under clauses (i), (ii), or (iii) of
57	57	33subsection (a) or any such license granted under those clauses is cancelled, revoked, or no longer
58	58	34in use, it shall be returned physically, with all the legal rights, privileges, and restrictions
59	59	35pertaining thereto, to the licensing authority and the licensing authority may, within 3 years of 3 of 3
60	60	36such return, then grant the license to a new applicant under the same conditions as specified in
61	61	37this act, otherwise such license shall dissolve.
62	62	38 (2) If a licensee fails to renew a license granted under clause (iv) of subsection (a) or any
63	63	39such license granted is cancelled, revoked, or no longer in use, it shall be returned physically,
64	64	40with all the legal rights, privileges, and restrictions pertaining thereto, to the licensing authority
65	65	41and the licensing authority may then grant the license to a new applicant under the same
66	66	42conditions as specified in this act.
67	67	43 (f) All licenses granted under this act shall be issued within 3 years after the effective
68	68	44date of this act, provided however, that a license originally granted within that time period may
69	69	45be granted to a new applicant under subsections (d) or (e) thereafter.
70	70	46 SECTION 2. This act shall take effect upon its passage.