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Bill H.4188
SECTION 1.
Notwithstanding Section 17 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 with retail floor area of 20,000 square feet or more.
Except as otherwise provided herein, such licenses shall be subject to said Chapter.
For the purposes of this act, a “food store with retail floor area of 20,000 square feet or more” 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 such 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 any store that sells gasoline; provided, however, that the Select Board shall determine whether an applicant is an eligible food store under this Act and pursuant to the licensing authority’s regulations.
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, and such other conditions as specified in the licensing authority’s regulations.
The holder of a license under this Act may sell all alcoholic beverages alone or in combination with any other items offered for sale and the licensed location must be within a commercial zoning district.
The amount of any initial or renewal fee for such license shall be determined by the licensing authority issuing or renewing that license.
Notwithstanding any general or special law or any rule or regulation to the contrary, the licensing authority shall not approve the transfer of a license to any other location, nor the transfer of a license from one licensee to another.
If a license granted under this section 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 grant
a new license to a new applicant at the same or other appropriate location and under the same conditions as specified in this section, in accordance with the licensing authority’s regulations and application requirements
SECTION 2.
This act shall take effect upon its passage.
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