Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S279 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1849 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 279
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jacob R. Oliveira
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 :Jacob R. OliveiraHampden, Hampshire and Worcester 1 of 5
16	16	SENATE DOCKET, NO. 1849 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 279
18	18	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 279) of Jacob R. Oliveira relative
19	19	to returning liquor license control to cities and towns. Consumer Protection and Professional
20	20	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 SECTION 2. Said section 12 of said chapter 138, as so appearing, is hereby further
36	36	6amended by striking out, in lines 107 to 109, inclusive, the words “and irrespective of any
37	37	7limitation of number of licenses contained in section seventeen”.
38	38	8 SECTION 3. The sixth paragraph of said section 12 of said chapter 138, as so appearing,
39	39	9is hereby amended by striking out the second sentence. 2 of 5
40	40	10 SECTION 4. Said section 12 of said chapter 138, as so appearing, is hereby further
41	41	11amended by inserting after the word “antemeridian”, in lines 150 and 155, each time it appears,
42	42	12the following words:- , except in a city or town that is serviced by the Massachusetts Bay
43	43	13Transportation Authority’s late-night service as authorized by chapter 161A if the local
44	44	14governing body of such city or town accepts this provision.
45	45	15 SECTION 5. Said section 12 of said chapter 138, as so appearing, is hereby further
46	46	16amended by adding the following 4 paragraphs:-
47	47	17 All licenses issued under this section pursuant to a new license application that is filed
48	48	18after July 1, 2016 shall be non-transferable and a licensing authority shall not approve the
49	49	19transfer of such license.
50	50	20 If the license granted under this section is cancelled, revoked or no longer in use by the
51	51	21license holder, the license shall be returned physically, with all of the legal rights, privileges and
52	52	22restrictions pertaining thereto to the licensing authority.
53	53	23 If a license holder closes or terminates the license holder’s business, or sells or transfers
54	54	24the license holder’s business, the license holder shall return the license physically, with all of the
55	55	25legal rights, privileges and restrictions pertaining thereto to the licensing authority. The
56	56	26licensing authority may then in its discretion grant a license to a qualified new applicant at a
57	57	27different location according to the standard for a new license.
58	58	28 A license may be re-issued by the licensing authority at the same location only if an
59	59	29applicant for the license files with the local licensing authority a letter from the department of
60	60	30revenue and any applicable government agency indicating that the license is in good standing
61	61	31with the department and agency and that all applicable taxes, payments, assessments and 3 of 5
62	62	32contributions for unemployment and health insurance have been paid. If a license is granted
63	63	33under this section then cancelled, revoked or no longer in use, and then re-issued to a new
64	64	34applicant at the same location and the prior license holder at that location was reported as
65	65	35delinquent as specified in section 25, the name of the new license applicant shall appear in the
66	66	36place and stead of the former license holder, as of the date of the new license being issued, unless
67	67	37the alcoholic beverages control commission otherwise orders in writing, for good cause, after a
68	68	38hearing with notice to all parties.
69	69	39 SECTION 6. The first paragraph of section 14 of said chapter 138, as so appearing, is
70	70	40hereby amended by striking out the first sentence and inserting in place thereof the following
71	71	41sentence:- Special licenses for the sale of all alcoholic beverages or wine and malt beverages
72	72	42only, or any of them, may be issued, as determined by the municipality, by the local licensing
73	73	43authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the
74	74	44responsible manager of any nonprofit organization conducting any indoor or outdoor activity or
75	75	45enterprise.
76	76	46 SECTION 7. Section 16A of said chapter 138, as so appearing, is hereby amended by
77	77	47striking out, in line 12, the word “so” and inserting in place thereof the following words:- as
78	78	48determined by a municipality to be.
79	79	49 SECTION 8. Said section 16A of said chapter 138, as so appearing, is hereby further
80	80	50amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable
81	81	51under section seventeen”.
82	82	52 SECTION 9. Said section 16A of said chapter 138, as so appearing, is hereby further
83	83	53amended by striking out, in line 19, the words “for the purposes of section seventeen”. 4 of 5
84	84	54 SECTION 10. Section 17 of said chapter 138, as so appearing, is hereby amended by
85	85	55striking out the introductory paragraph and the first 6 paragraphs and inserting in place thereof
86	86	56the following 3 paragraphs:-
87	87	57 Section 17. A city or town shall determine the number of all alcoholic beverage or wines
88	88	58and malt beverage licenses to be issued by its local licensing authority under sections 12, 14 and
89	89	5915F, including the number of seasonal licenses; provided, that for licenses issued under section
90	90	6015, cities and towns may grant 1 such license for each population unit of 5,000 or any additional
91	91	61fraction thereof but may, regardless of population, grant at least 2 licenses under section 15.
92	92	62 A city or town that seeks to grant additional licenses on or after January 1, 2018 shall
93	93	63adopt a plan that is approved by the mayor, city council or board of selectmen. The plan shall
94	94	64determine the process for granting additional licenses; provided, however, that: (i) at least 1
95	95	65public hearing regarding the plan shall be conducted by the city council, board of selectmen or
96	96	66governing body of the city or town; and (ii) the city or town shall notify the alcoholic beverages
97	97	67control commission of the public hearing.
98	98	68 The governing body of each city or town shall hold a public hearing regarding a license
99	99	69application within 30 days of the date of the license application.
100	100	70 SECTION 11. Sections 17A to 17C, inclusive, of said chapter 138, as so appearing, are
101	101	71hereby repealed.
102	102	72 SECTION 12. Section 29 of said chapter 138, as so appearing, is hereby amended by
103	103	73striking out, in lines 22 to 24, inclusive, the words “; but a license issued to a registered
104	104	74pharmacist under said section shall be included in computing the number of licenses that may be
105	105	75granted in any city or town as provided in section seventeen”. 5 of 5
106	106	76 SECTION 13. Sections 3, 6, and 10 of chapter 193 of the acts of 2011 are hereby
107	107	77repealed.
108	108	78 SECTION 14. On or after January 1, 2018, the number of licenses then authorized under
109	109	79section 17 of chapter 138 of the General Laws shall continue unless changed by the governing
110	110	80body of a city or town under said section 17 of said chapter 138