Summary#
H-5692 is a proposed Massachusetts special act for the town of Avon. It would let Avon’s licensing authority grant one named business an off-premises license for all alcoholic beverages, despite the limit in state law; the stated goal is to authorize that license. The bill is not law: the committee reported it favorably and referred it to another House committee.
- The licensing authority may grant the license to On Avon Corporation, doing business as A-1 Market, at 85 East Main Street. The bill does not require the authority to grant it.
- The license would cover sales of all alcoholic beverages to be consumed off the premises, and would remain subject to Chapter 138 of the General Laws except for section 17.
- When the new license is issued, the business must return its existing off-premises wine-and-malt-beverage license.
- The license cannot be transferred to another location. A new applicant may receive it at the same location if the required state department letters confirm good standing and payment of applicable taxes, fees and contributions.
- If the license ends, is not renewed, is cancelled or revoked, or is no longer used, it must be returned to the licensing authority. The authority may grant it to a new applicant at the same location within three years; otherwise, it dissolves.
- The license must be issued within two years after the act takes effect. A license first granted within that period may later be granted to a new applicant under the bill’s rules.
What it means for you#
- A-1 Market: If Avon’s licensing authority grants the license, the business could sell spirits as well as wine and malt beverages for off-premises consumption. It must surrender its existing wine-and-malt license when the new one is issued.
- Avon’s licensing authority: It may grant the license to the named business. Any later grant must follow the bill’s location, timing and tax-compliance conditions.
- Other businesses: The bill does not authorize this license at another location. A new applicant could receive it only at the same address and with the required letters.
- Customers and the public: The license is for drinks not to be consumed on the premises. The bill does not authorize on-premises drinking or change alcohol licensing rules across Massachusetts.
Money#
No cost information is in the available material.
- The bill states no public spending amount, fee, fine or tax change.
- A later applicant must provide letters confirming applicable taxes, fees and contributions have been paid. The bill does not state their amounts.
What is unclear#
- Chapter 138, including section 17, was not supplied, so I could not verify the current limits or procedures that would otherwise apply.
- The bill does not set special criteria for Avon’s decision to grant the initial license. Other rules in Chapter 138 continue to apply, except for section 17.
- The bill does not explain how Avon would handle applications from new applicants or disputes about whether the license is in good standing.
- No cost estimate or staffing information is provided.
Case for#
- A possible argument for the bill is that it would allow A-1 Market to sell the full range of alcoholic beverages for off-premises use, rather than only wine and malt beverages.
- The authorization is limited to one named business and one address, and it does not allow the license to move elsewhere.
- Requiring department letters for a later applicant links a transfer at that location to tax and contribution compliance.
Case against#
- The bill creates a special exception to the section 17 limit for one business and location; the supplied material does not explain why this exception is warranted.
- The licensing authority may grant the license, but the bill gives no special decision criteria for that choice.
- The bill does not explain how the authority would assess a new applicant at the same location or handle disagreements about eligibility. Existing Chapter 138 rules may address some of these matters, but the supplied material does not show them.