H 4814

SECTION 1. Section 1 of chapter 389 of the Acts of 2008 is hereby amended by striking out the third and fourth paragraphs, and inserting in place thereof the following two paragraphs:- The licensing authority shall not approve the transfer of a license to any other location, but the license may be granted to a new applicant at the same or other appropriate location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. If a licensee terminates or fails to renew a license granted under this section, or any such license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same or other appropriate location and under the same conditions as specified in this section. SECTION 2. Section 1 of chapter 173 of the Acts of 2010 is hereby amended by striking out subsections (c) and (d), and inserting in place thereof the following:- (c) The licensing authority shall not approve the transfer of a license to any other location, but the license may be granted to a new applicant at the same or other appropriate location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (d) If a licensee terminates or fails to renew a license granted under this section, or any such license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same or other appropriate location and under the same conditions as specified in this section. SECTION 3. (a) Notwithstanding chapter 389 of the acts of 2008, chapter 173 of the acts of 2010, and sections 11 and 11A of chapter 138 of the General Laws, the licensing authority of the town of Westwood may grant licenses for the sale of all alcoholic beverages not to be drunk on the premises under section 15 of said chapter 138 to food stores. Except as otherwise provided herein, the licenses shall be subject to all of said chapter 138. (b) For the purposes of this section, a “food store” shall mean a grocery store or supermarket with a retail floor area of at least 20,000 square feet which sells at retail, food for consumption on or off the gross premises either alone or in combination with grocery items or other non-durable items typically found in a grocery store and sold to individuals for personal family or household use; provided, however, that the food store shall carry fresh and processed meats, poultry, dairy products, eggs, fresh fruits and produce, baked goods and baking ingredients, canned goods and dessert items. Notwithstanding the foregoing, a food store shall not be a convenience store, specialty store or a store that sells gasoline; provided, however, that the select board shall determine whether an applicant is a food store under this section. In making such determination, the select board shall consider such factors as the volume of sales, actual or proposed, the extent and range of merchandise offered for sale. A licensee under this section may sell all alcoholic beverages alone or in combination with any other items offered for sale and the food store shall be lawfully operating as a commercial business. The amount of any initial or renewal fee for such license shall be determined by the licensing authority. (c) The licensing authority shall not approve the transfer of a license to any other location, but the license may be granted to a new applicant at the same or other appropriate location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (d) If a licensee terminates or fails to renew a license granted under this section, or any such license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same or other appropriate location and under the same conditions as specified in this section. SECTION 4. This act shall take effect upon its passage.