Town could grant one extra off-premises liquor license

Summary#

H-5689 is a proposed special law for Webster. It would let the town’s licensing authority grant one additional license to sell all alcoholic beverages for drinking off the premises, despite section 17 of chapter 138 of the General Laws; the license would otherwise remain subject to that chapter. The stated purpose is to authorize this additional license. The bill is not yet law.

  • The authority could grant the license to G.T. Legacy Group, doing business as Pine View Liquors, at Pine View Plaza, 164 Gore Road. “May” means it is allowed, not required, to grant it.
  • The authority could not approve moving the license to another location.
  • It could grant the license to a new applicant at the same location if the applicant provides letters from the Department of Revenue and Department of Unemployment Assistance confirming good standing and payment of applicable taxes, fees and contributions.
  • If the license ends, is not renewed, is cancelled, revoked or no longer used, it must be physically returned to the authority. The authority could grant it to a new applicant at the same location within three years of its return; otherwise, the license would dissolve.
  • The first license must be issued within three years after the law takes effect. A license first granted within that period could later be granted to a new applicant under the bill’s conditions.

What it means for you#

  • Webster’s licensing authority: It would gain discretion to grant this additional license, but would not have to do so. The license could not be moved from the specified location.
  • Pine View Liquors and future applicants: The named business could receive the license. A new applicant could receive it at the same location under the bill’s conditions.
  • Webster residents and other businesses: The bill would allow an additional off-premises alcohol license at that address. It does not require the town to issue it or directly change other licenses.

Money#

No cost information is in the available material.

  • The bill gives no estimate of public spending, staffing, fees or other costs.
  • It does not set a new tax or fee. A later applicant must provide letters confirming applicable taxes, fees and contributions have been paid.

What is unclear#

  • The bill does not set criteria for choosing a new applicant beyond the required department letters.
  • It does not explain how the licensing authority would handle applications or choose among applicants.
  • The supplied material does not include chapter 138, so the full requirements that would continue to apply cannot be verified here.
  • The bill takes effect upon passage, but the first license must still be issued within three years after that date.

Case for#

  • A possible argument for the bill is that it gives Webster’s licensing authority a way to allow one more off-premises alcohol license at a specific location.
  • The authority retains discretion over whether to grant the license.
  • The location restriction prevents the license from being moved elsewhere, and the department letters provide a check on an applicant’s tax, fee and contribution standing.
  • The bill records that local approval was received.

Case against#

  • The bill creates an exception to section 17 for one additional license, but the supplied material does not explain why that exception is needed.
  • It gives no detailed rules for choosing a future applicant beyond the required letters, leaving important decisions to the local authority.
  • The license could remain available for new applicants at the same location after the original license ends, as long as the bill’s time conditions are met. The bill does not explain why the license should be tied to that location for repeated grants.