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2 | 2 | | SENATE DOCKET, NO. 514 FILED ON: 1/13/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 274 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Patrick M. O'Connor |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act authorizing the town of Marshfield to grant additional licenses for the sale of all |
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13 | 13 | | alcoholic beverages. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 4 |
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17 | 17 | | SENATE DOCKET, NO. 514 FILED ON: 1/13/2025 |
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18 | 18 | | SENATE . . . . . . . . . . . . . . No. 274 |
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19 | 19 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 274) of Patrick M. O'Connor (by |
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20 | 20 | | vote of the town) for legislation to authorize the town of Marshfield to grant additional licenses |
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21 | 21 | | for the sale of all alcoholic beverages. Consumer Protection and Professional Licensure. [Local |
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22 | 22 | | Approval Received.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act authorizing the town of Marshfield to grant additional licenses for the sale of all |
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29 | 29 | | alcoholic beverages. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the |
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33 | 33 | | 2licensing authority of the town of Marshfield may grant 6 additional licenses for the sale of all |
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34 | 34 | | 3alcoholic beverages, as follows: (i) 1 license for the sale of all alcoholic beverages to be drunk on |
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35 | 35 | | 4the premises pursuant to section 12 of said chapter 138 to Don Bravo Mexican Grill located at 57 |
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36 | 36 | | 5Snow Road #30, and 1 license for the sale of all alcoholic beverages to be drunk on the premises |
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37 | 37 | | 6pursuant to said section 12 of said chapter 138 to The Corner Café located at 2000 Ocean Street; |
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38 | 38 | | 7(ii) 1 license for the sale of all alcoholic beverages to be drunk on the premises pursuant to said |
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39 | 39 | | 8section 12 of said chapter 138 to an establishment located within the Brant Rock Village Overlay |
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40 | 40 | | 9District development zone described in subsection (b) upon approval of and under conditions set |
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41 | 41 | | 10forth by the licensing authority of the town of Marshfield; and (iii) 1 license for the sale of all |
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42 | 42 | | 11alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to 2 of 4 |
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43 | 43 | | 12Jackansons Package Store located at 1921 Ocean Street/Route 139, 1 license for the sale of all |
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44 | 44 | | 13alcoholic beverages not to be drunk on the premises pursuant to said section 15 of said chapter |
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45 | 45 | | 14138 to Hubbards Cupboard located at 29 Main Street, and 1 license for the sale of all alcoholic |
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46 | 46 | | 15beverages not to be drunk on the premises pursuant to said section 15 of said chapter 138 to |
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47 | 47 | | 16Ocean Market & Liquor located at 915 Ocean Street. A license granted under this section shall |
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48 | 48 | | 17be subject to all of chapter 138 except section 17. |
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49 | 49 | | 18 (b) The licensing authority shall restrict the license authorized in clause (ii) of subsection |
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50 | 50 | | 19(a) of this section to establishments located within the town’s Brant Rock Village Overlay |
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51 | 51 | | 20District (BRVO) shown on a map entitled ZONING MAP Town of Marshfield, Massachusetts as |
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52 | 52 | | 21adopted on April 27, 2015, a copy of which is on file in the office of the town clerk. Such |
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53 | 53 | | 22license shall be clearly marked on its face “Brant Rock Village Overlay District.” |
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54 | 54 | | 23 (c) A license granted under clause (i) or (ii) of subsection (a) of this section shall only be |
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55 | 55 | | 24executed in the dining room of a common victualler and such other public rooms or areas as may |
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56 | 56 | | 25be deemed reasonable and appropriate by the licensing authority as certified in writing. |
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57 | 57 | | 26 (d) (1) The licensing authority shall not approve the transfer of a license granted pursuant |
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58 | 58 | | 27to clause (ii) of subsection (a) of this section to a location outside of the zoned area as described |
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59 | 59 | | 28in subsection (b), but it may grant a license to a new applicant within such zoned area if the |
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60 | 60 | | 29applicant files with the licensing authority a letter from the department of revenue and a letter |
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61 | 61 | | 30from the department of unemployment assistance indicating that the applicant is in good standing |
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62 | 62 | | 31with those departments and that all applicable taxes, fees, and contributions have been paid. |
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63 | 63 | | 32 (2) If a license terminates or fails to renew a license granted under clause (ii) of |
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64 | 64 | | 33subsection (a) of this section or any such license is cancelled, revoked or no longer it use, the 3 of 4 |
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65 | 65 | | 34license shall be returned physically, with all of the legal rights, privileges and restrictions |
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66 | 66 | | 35pertaining thereto, to the licensing authority and the licensing authority may then grant the |
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67 | 67 | | 36license to a new applicant under the same conditions as specified in this section. |
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68 | 68 | | 37 (e)(1)The licensing authority shall not approve the transfer of a license granted pursuant |
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69 | 69 | | 38to clause (i) or (iii) of subsection (a) of this section to any other location, but it may grant the |
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70 | 70 | | 39license to a new applicant at the same initial location if the applicant files with the licensing |
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71 | 71 | | 40authority a letter from the department of revenue and a letter from the department of |
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72 | 72 | | 41unemployment assistance indicating that the license is in good standing with those departments |
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73 | 73 | | 42and that all applicable taxes, fees and contributions have been paid. |
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74 | 74 | | 43 (2) If a licensee terminates or fails to renew a license granted under clause (i) or (iii) of |
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75 | 75 | | 44subsection (a) of this section, or any such license is cancelled, revoked, or no longer in use, it |
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76 | 76 | | 45shall be returned physically, with all of the legal rights, privileges, and restrictions pertaining |
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77 | 77 | | 46thereto, to the licensing authority which may, within 3 years after such return, then grant the |
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78 | 78 | | 47license to the new applicant under the same conditions as specified in this section, otherwise |
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79 | 79 | | 48such license shall dissolve. |
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80 | 80 | | 49 (f) All licenses granted under this section shall be issued within 3 years after the effective |
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81 | 81 | | 50date of this act; provided, however, that if the license is originally granted within that time |
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82 | 82 | | 51period, it may be granted to a new applicant under subsections (d) or (e), as applicable, |
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83 | 83 | | 52thereafter. |
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84 | 84 | | 53 SECTION 2. Upon the issuance of a license authorized in clause (iii) of subsection (a) of |
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85 | 85 | | 54section 1, the licensee shall return physically, with all of the legal rights, privileges and 4 of 4 |
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86 | 86 | | 55restrictions pertaining thereto, to the licensing authority, its license for the sale of wine and malt |
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87 | 87 | | 56beverages not to be drunk on the premises under section 15 of chapter 138. |
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88 | 88 | | 57 SECTION 3. Upon the issuance of a license authorized in clause (i) of subsection (a) of |
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89 | 89 | | 58section 1, the licensee shall return physically, with all of the legal rights, privileges and |
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90 | 90 | | 59restrictions pertaining thereto, to the licensing authority, its license for the sale of wine and malt |
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91 | 91 | | 60beverages to be drunk on the premises under section 12 of chapter 138. |
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92 | 92 | | 61 SECTION 4. This act shall take effect upon its passage. |
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