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