Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5126 Latest Draft

Bill / Introduced Version Filed 11/27/2024

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