H 5451

SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Marion may grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to C & J Sull LLC, d/b/a J. Sull Wine, located at 119 Wareham Road, Unit 105, in the town of Marion. The license granted pursuant to this section shall be subject to all of said chapter 138 except said section 17. (b) The licensing authority shall not approve the transfer of a license granted under this section to any other location, but it may grant the license to a new applicant at the same location if the applicant 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. (c) If the 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, within 3 years after such return, then grant the license to a new applicant at the same location and under the same conditions as specified in this section, otherwise such license shall dissolve. (d) The license granted under this section shall be issued within 1 year after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (b) and (c) thereafter. SECTION 2. Upon issuance of the license authorized in section 1, the licensee shall return physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, its license for the sale of wine and malt beverages not to be drunk on the premises under section 15 of chapter 138. SECTION 3. This act shall take effect upon its passage.