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1N GUY COUNCH.

May 11, 1981

ORDERED:
That the Cambridge City Council hereby accepts
the provisions of Section 17 A of Chapter 377 of the Acts
of 1978 of the Commonwealth of Massachusetts, which provides

for the granting of additional liquor licenses in the City

of Cambridge.

In City Council May 18, 1981.

Adopted by a yea and nay vote:-
Yeas 7; Nays 0; Absent 2.
Attest:? Paul E. Hcaly, City Clerk

A true capy;



 

Chap. 377. AN ACT FURTIIER TIIE GRANTING OF SEASONAL
LICENSES FOR THE SALE OF ALCOIIOLIC BEVERAGES TO BE DRUNK ON THE
PREMISES.

Whereas, The deferred operation of this act would tend to defeat its purpose which is to provide
forthwith for the more equitable distribution ofeertain alcoholic beverage licenses in resort areas
ofthe commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.

Be it enacted, etc., as follows:

SECTION 1. Section 17 ofehapter 138 ofthe General Laws is hereby amended by striking out
the ?fth paragraph, as most

recently amended by chapter 453 of the acts of 1970, and inserting in place thereofthe Following
paragraph:-

The local licensing authorities of any city or town, except the city of Boston, may make an estimate
prior to March the ?rst in any year of any temporary increased resident population in such city or
town as ofJuly the tenth Following, and one additional license under section ?fteen, to be effective
from April the ?rst to November the thirtieth only, may be granted by said authorities for each unit
of live thousand or additional fraction thereof of such population as so estimated, and the local
licensing authorities of any city or town in Berkshire county, in which the city council, in
accordance with the provisions ofits charter, or the town, at an annual or special town meeting,
votes to authorize such authority to grant winter seasonal licenses, or of any town in Franklin
county, may make an estimate not later than October the fifteenth in any year of any temporary
increased resident pepulation in such city or town as of February the tenth following, and one
additional license under section ?fteen, to be effective from December the ?rst to April the ?rst
of the year following, may be granted by said authorities for each unit of ?ve thousand or
additional fraction thereofof such population as so estimated; provided, that not more than one
additional license shall be granted under this paragraph to the same person or for the same premises
in any one year; and provided, further, that the local licensing authorities of any city or town,
except the city of Boston, may grant, in addition to and irrespective of any limitation of the number
of licenses contained in this section, seasonal licenses under section twelve, to be effective from
April ?rst to January ?fteenth ofthe following year, or any portion thereof, and in any city or town
in Berkshire county in which the granting of winter seasonal licenses is authorized as above
provided, and in any town in Franklin county seasonal licenses under section twelve, to be
effective from December the ?rst to April the ?rst, to the amount or number that such authorities
deem to be in the public interest. Every estimate hereunder of temporary resident population
shall be made and voted upon by the local licensing authorities at a meeting of said authorities
called for the purpose after due notice to each of the members thereof of the time, place and
purpose of said meeting and after investigation and ascertainment by them ofall the facts and after
co-operative discussion and deliberation. A copy ofsueh an estimate, signed by a majority ofthe
members of said authorities, stating under the penalties of perjury that all the foregoing
requirements have been complied with and that the estimate is true to the best of their knowledge

and belief, shall be forwarded forthwith to the commission. lipon the petition of twenty-live
persons who are taxpayers of the city or town in which a seasonal license has been so granted, or
who are registered voters in the voting precinct or district wherein the licensed premises are
situated, ?led within live days after the granting of such license, the commission shall, and upon
its own initiative at any time may, after a hearing, examine and review any estimate made or action
taken by the local licensing authorities in granting the same, and after such examination or
review, may rescind, revoke, cancel, modify or suspend any such estimate or action. Nothing
in this paragraph shall be deemed to authorize or permit the

commission to deny a renewal of, or to rescind, revoke or cancel, because of a decrease in
population, any seasonal license outstanding and in full force on April thirtieth, nineteen hundred
and ?fty.

SECTION 2. Said chapter 138 is hereby further amended by adding after said section 17, the
following section:-

Section 17A. The local licensing authority ol'a city or town which granted seasonal licenses
under section twelve prior to January the ?rst, nineteen hundred and seventy-eight, and
which accepts this section by majority vote of a town meeting if a town, or by majority of
the city council if a city, is hereby authorized to grant, in addition to, and irrespective of
any limitation of number of licenses contained in section seventeen, but subject to all other
provisions of this chapter, additional licenses under section twelve.

Approved July 12, 1978