Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H437 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 289 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 437
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joseph D. McKenna
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act returning liquor license control to municipalities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/7/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025 1 of 6
16	16	HOUSE DOCKET, NO. 289 FILED ON: 1/7/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 437
18	18	By Representative McKenna of Sutton, a petition (accompanied by bill, House, No. 437) of
19	19	Joseph D. McKenna and Jacob R. Oliveira relative to returning liquor license control to cities
20	20	and towns. Consumer Protection and Professional Licensure.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 367 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act returning liquor license control to municipalities.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 12 of chapter 138 of the General Laws, as so appearing, is hereby
32	32	2amended by striking out, in lines 79 to 81, inclusive, the words “, notwithstanding any limitation
33	33	3on the number of licenses the city or town is authorized to grant in section 17,” and inserting in
34	34	4place thereof the following words:- pursuant to the municipal plan as required by section 17
35	35	5
36	36	6 SECTION 2. Said section 12 of said chapter 138, as so appearing, is hereby further
37	37	7amended by striking out, in lines 107 to 109, inclusive, the words “and irrespective of any
38	38	8limitation of number of licenses contained in section seventeen”.
39	39	9 2 of 6
40	40	10 SECTION 3. The sixth paragraph of said section 12 of said chapter 138, as so appearing,
41	41	11is hereby amended by striking out the second sentence.
42	42	12 SECTION 4. Said section 12 of said chapter 138, as so appearing, is hereby further
43	43	13amended by inserting after the word “antemeridian”, in lines 150 and 155, each time it appears,
44	44	14the following words:- , except in a city or town that is serviced by the Massachusetts Bay
45	45	15Transportation Authority’s late-night service as authorized by chapter 161A if the local
46	46	16governing body of such city or town accepts this provision.
47	47	17 SECTION 5. Said section 12 of said chapter 138, as so appearing, is hereby further
48	48	18amended by adding the following 4 paragraphs:-
49	49	19 All licenses issued under this section pursuant to a new license application that is filed
50	50	20after July 1, 2016 shall be non-transferable and a licensing authority shall not approve the
51	51	21transfer of such license.
52	52	22 If the license granted under this section is cancelled, revoked or no longer in use by the
53	53	23license holder, the license shall be returned physically, with all of the legal rights, privileges and
54	54	24restrictions pertaining thereto to the licensing authority.
55	55	25 If a license holder closes or terminates the license holder’s business, or sells or transfers
56	56	26the license holder’s business, the license holder shall return the license physically, with all of the
57	57	27legal rights, privileges and restrictions pertaining thereto to the licensing authority. The
58	58	28licensing authority may then in its discretion grant a license to a qualified new applicant at a
59	59	29different location according to the standard for a new license.
60	60	30 3 of 6
61	61	31 A license may be re-issued by the licensing authority at the same location only if an
62	62	32applicant for the license files with the local licensing authority a letter from the department of
63	63	33revenue and any applicable government agency indicating that the license is in good standing
64	64	34with the department and agency and that all applicable taxes, payments, assessments and
65	65	35contributions for unemployment and health insurance have been paid. If a license is granted
66	66	36under this section then cancelled, revoked or no longer in use, and then re-issued to a new
67	67	37applicant at the same location and the prior license holder at that location was reported as
68	68	38delinquent as specified in section 25, the name of the new license applicant shall appear in the
69	69	39place and stead of the former license holder, as of the date of the new license being issued, unless
70	70	40the alcoholic beverages control commission otherwise orders in writing, for good cause, after a
71	71	41hearing with notice to all parties.
72	72	42
73	73	43 SECTION 6. The first paragraph of section 14 of said chapter 138, as so appearing, is
74	74	44hereby amended by striking out the first sentence and inserting in place thereof the following
75	75	45sentence:- Special licenses for the sale of all alcoholic beverages or wine and malt beverages
76	76	46only, or any of them, may be issued, as determined by the municipality, by the local licensing
77	77	47authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the
78	78	48responsible manager of any nonprofit organization conducting any indoor or outdoor activity or
79	79	49enterprise.
80	80	50 4 of 6
81	81	51 SECTION 7. Section 16A of said chapter 138, as so appearing, is hereby amended by
82	82	52striking out, in line 12, the word “so” and inserting in place thereof the following words:- as
83	83	53determined by a municipality to be.
84	84	54
85	85	55 SECTION 8. Said section 16A of said chapter 138, as so appearing, is hereby further
86	86	56amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable
87	87	57under section seventeen”.
88	88	58
89	89	59 SECTION 9. Said section 16A of said chapter 138, as so appearing, is hereby further
90	90	60amended by striking out, in line 19, the words “for the purposes of section seventeen”.
91	91	61
92	92	62 SECTION 10. Section 17 of said chapter 138, as so appearing, is hereby amended by
93	93	63striking out the introductory paragraph and the first 6 paragraphs and inserting in place thereof
94	94	64the following 3 paragraphs:-
95	95	65
96	96	66 Section 17. A city or town shall determine the number of all alcoholic beverage or wines
97	97	67and malt beverage licenses to be issued by its local licensing authority under sections 12, 14 and
98	98	6815F, including the number of seasonal licenses; provided, that for licenses issued under section
99	99	6915, cities and towns may grant 1 such license for each population unit of 5,000 or any additional
100	100	70fraction thereof but may, regardless of population, grant at least 2 licenses under section 15. 5 of 6
101	101	71
102	102	72 A city or town that seeks to grant additional licenses on or after January 1, 2018 shall
103	103	73adopt a plan that is approved by the mayor, city council or board of selectmen. The plan shall
104	104	74determine the process for granting additional licenses; provided, however, that: (i) at least 1
105	105	75public hearing regarding the plan shall be conducted by the city council, board of selectmen or
106	106	76governing body of the city or town; and (ii) the city or town shall notify the alcoholic beverages
107	107	77control commission of the public hearing.
108	108	78
109	109	79 The governing body of each city or town shall hold a public hearing regarding a license
110	110	80application within 30 days of the date of the license application.
111	111	81
112	112	82 SECTION 11. Sections 17A to 17C, inclusive, of said chapter 138, as so appearing, are
113	113	83hereby repealed.
114	114	84
115	115	85 SECTION 12. Section 29 of said chapter 138, as so appearing, is hereby amended by
116	116	86striking out, in lines 22 to 24, inclusive, the words “; but a license issued to a registered
117	117	87pharmacist under said section shall be included in computing the number of licenses that may be
118	118	88granted in any city or town as provided in section seventeen”.
119	119	89 6 of 6
120	120	90 SECTION 13. Sections 3, 6, and 10 of chapter 193 of the acts of 2011 are hereby
121	121	91repealed.
122	122	92 SECTION 14. On or after January 1, 2018, the number of licenses then authorized under
123	123	93section 17 of chapter 138 of the General Laws shall continue unless changed by the governing
124	124	94body of a city or town under said section 17 of said chapter 138