Bill H.4518 186th (2009 - 2010)

HOUSE DOCKET, NO. 4882        FILED ON: 2/17/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4518

[LOCAL APPROVAL RECEIVED.]

The Commonwealth of Massachusetts

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PRESENTED BY:

Steven J. D'Amico, James E. Timilty

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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 passage of the accompanying bill:

An Act relative to convertin g four (4) seasonal licenses for the sale of all alcoholic beverages to be consumed on the premises to four (4) annual licenses for the sale of all alcoholic beverages to be drunk on the premises and three (3) seasonal wine and malt beverage licenses to be consumed on the premises to three (3) annual wine and malt beverage licensed to be drunk on the premises.

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PETITION OF:

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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An Act relative to converting four (4) seasonal licenses for the sale of all alcoholic beverages to be consumed on the premises to four (4) annual licenses for the sale of all alcoholic beverages to be drunk on the premises and three (3) seasonal wine and malt beverage licenses to be consumed on the premises to three (3) annual wine and malt beverage licensed to be drunk on the premises.


 

Whereas , The deferred operation for this act would tend to defeat its purpose, which is forthwith to make to convert 4 seasonal all alcohol licenses to 4 annual all alcohol liquor licenses and 3 seasonal wine & malt licenses to be drunk on the premises to 3 annual wine & malt licenses to be drunk on the premises, therefore it is hereby declared to be an emergency law, nec essary for the immediate preservation of the public convenience.

 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              Section 1:   (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Da Tong, Inc., d/b/a Tai-Pan Restaurant, Inc., located at 1641 Fall River Avenue to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 2: (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the sale of wine & malt beverages, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Bristol County Stadium, Inc., d/b/a Seekonk Speedway , located at 1782 Fall River Avenue to an annual license for the sale of wine & malt alcoholic beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 3: (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Tito’s Cantina, Inc., located at 1379 Fall River Avenue to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithst anding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 4: (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the sale of wine & malt alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Alex’s Restaurant, Inc., located at 1520 Fall River Avenue to an annual license for the sale of wine & malt beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithstanding section 17 of chapter 13 8 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 5: (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Chardonnay’s, Inc., d/b/a Chardonnay’s, located at 393 Taunton Avenue to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithstanding section 17 of chapter 13 8 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 6: (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Toti’s Pizza Palace, Inc., located at 373 Taunton Avenue to an annual license for the sale of all alcoholic beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithstanding section 17 of chapter 139 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 7: (a)   Notwithstanding sections 17 and 17A of Chapter 138 of the General   Laws or any other general or special law to the contrary, the licensing authority of the town of Seekonk may convert one currently issued seasonal license for the wine & malt beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, at Eric Medeiros and Steven Medeiros d/b/a Brothers Seafood, located at 6 Olney Street to an annual license for the sale of wine & malt beverages to be consumed on the premises pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition. An annual license granted under this section shall be subject to all of Chapter 138 except for Section 17 and 17A.

(b)   Notwithstanding any general or special law or any rule or regulation to the contrary, the Seekonk licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.   Said license may be re-issued by the Seekonk licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

( c ) If a license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Seekonk licensing board.   Notwithst anding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Seekonk licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph s .  

Section 8:   This act shall take effect upon its passage.