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HomeMy WebLinkAbout2016-11-21 Special Town Meeting - Licenses MinutesSPECIAL TOWN MEETING LICENSES Reading Memorial High School Preforming Arts Center November 21, 2016 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:35 PM, there being a quorum present. The Warrant was partially read by the Town Clerk, Laura Gemme, when on motion by John Halsey, Board of Selectmen, it was voted to dispense with further reading of the Warrant. Motion made by John Halsey, Board of Selectmen to dispense of the reading of all motions in their entirety. ARTICLE 1: Motion made by John Halsey, Board of Selectmen and Article 1 was tabled ARTICLE 2: Motion made by John Halsey, Board of Selectmen and Article 2 was tabled ARTICLE 3: Motion made by John Halsey, Board of Selectmen and Article 3 was tabled ARTICLE 4: Motion made by John Halsey, Board of Selectmen that the Town vote to authorize the Board of Selectmen, on behalf of the Town, to petition the General Court for passage of a special law substantially as provided below. The Legislature may make clerical or editorial changes in form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the Legislature. The Board of Selectmen is hereby authorized to approve amendments that shall be within the scope of the general public objectives of this petition. AN ACT AUTHORIZING THE TOWN OF READING TO GRANT LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES SECTION 1 Notwithstanding the provisions of Section 11 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the licensing authority of the Town of Reading shall be authorized under said Chapter 138 to grant licenses, for the sale of all alcoholic beverages and wine or malt beverages only, pursuant to Section 12 of said Chapter 138; and to grant licenses for the sale of all alcoholic beverages pursuant to Section 15 of said Chapter 138. SECTION 2 In addition to any licenses authorized by Chapter 459 of the Acts of 2011 or other special law, licenses for the sale of all alcoholic beverages may be granted pursuant to Section 12 and Section 15 of Chapter 138 of the General Laws as provided in the first full paragraph of Section 17 of said Chapter 138; and licenses, for the sale of wine and malt beverages only, may be granted pursuant to Section 12 of said Chapter as provided in the second full paragraph of Section 17 of said Chapter 138. 11 Page SPECIAL TOWN MEETING LICENSES Reading Memorial High School Preforming Arts Center November 21, 2016 SECTION 3 Any license granted for the sale of alcoholic beverages prior to the effective date of this Act shall remain in full force and effect and shall be included in any determination, pursuant to Section 17 of Chapter 138 of the General Laws, of the number of licenses allowed to be granted by the Town of Reading; provided that the licensee continues to comply with said Chapter 138 and the terms and conditions of its license. Background: In the spring of 2017 the Massachusetts Alcoholic Beverages Control Commission (ABCC) plans to introduce an online application process for liquor licenses in local communities. Currently such applications are processed only in-person through the Town Manager's Office. In working very recently with the state in advance of this online service launch, we have learned there are discrepancies between the amount of liquor licenses that Reading believes it has and what the ABCC believes the town has. For example a 2005 Town Meeting voted against authorizing beer & wine package stores, but the ABCC believes the town has five such licenses. Below is the certified Article from the 2005 Annual Town Meeting showing the vote on beer & wine package store licenses: ARTICLE 25 — On motion by Camille W. Anthony, member of the Board of Selectmen, it was moved to authorize the Board of Selectmen to petition the General Court for a special act providing that notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, five licenses may be granted in the Town of Reading for the sale of wine and malt beverages not to be drunk on the premises under Section 15 of Chapter 138 of the General Laws. Such licenses shall be subject to all of said Chapter 138, except for Section 17, said special act to take effect after an affirmative vote at a Town Election following approval of the special act. And, further, that the Board of Selectmen is hereby authorized to take all necessary action in support of this Article. The Counted Vote, which was requested was 12 voted in the affirmative and 112 voted in the negative, the motion did not carry. We also discovered some possible discrepancies in liquor license records that date back to the early 1970s. Since time was of the essence, we devoted our legal resources to fixing this problem rather than fully understanding why the ABCC differs from Reading. This Article will tell the ABCC clearly and exactly what licenses the town of Reading has. Only two paths forward accomplish this. A typical approach used by communities since the 1970s is to go straight to the voters in three consecutive state elections. That path in this instance would take six years. This Article will instead request an immediate home rule petition, which will then likely be required to go to local voters in April 2017. This timing should avoid the possibility of a good faith application made through the online ABCC system for a license the town does not have being made, and protect all existing licenses that have been issued. Note that requests for beer and wine package store licenses do regularly appear currently in the Town Manager's Office where they are denied. In the future, the Board of Selectmen may consider changes to the current liquor license policy and request action by Town Meeting. However this Article is simply to maintain the status quo. Presentation given by: • Robert LeLacheur - See Attached Finance Committee Report: No report Bylaw Committee Report: No report 21 Page SPECIAL TOWN MEETING LICENSES Reading Memorial High School Preforming Arts Center Counted Vote 129 Voted in the affirmative 0 Voted in the negative 140 Town Meeting Members in Attendance Motion Carried November 21, 2016 On motion by John Halsey, Board of Selectmen, it was voted that this Special Town Meeting stand adjourned sine die. Meeting adjourned sine die at 7:47 PM with 140 Town Meeting Members in attendance Motion Carried A true copy Attest: Laura A 4Ge rn�m " Town Clerk 31 Page Town of Reading RPSGUEST gajEju7R Special Town Meeting Liquor Licenses November 21, 2016 *2016 November Special Town Meeting Liquor Licenses Overview Article 1 Reports —table Article 2 Instructions —table Article 3 Capital Plan — table Article 4 Request Special Act G F: 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1: MGL Chapter 138, Section 11 requires four questions to be placed on the local ballot at biennial state elections (every other November, in the even years): • A. Shall licenses be granted in this city (or town) for the sale therein of all alcoholic beverages - (whiskey, rum, gin, malt beverages, wines and all other alcoholic beverages)? • B. Shall licenses be granted in this city (or town) for the sale therein of wines and malt beverages (wines and beer, ale and all other malt beverages)? • C. Shall licenses be granted in this city (or town) for the sale therein of all alcoholic beverages in packages, so called, not to be drunk on the premises? • D. Shall licenses be granted in this city (or town) for the sale of all alcoholic beverages by hotels having a dining room capacity of not less than ninety-nine persons and lodging capacity of not less than fifty rooms? 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1 (continued): • An affirmative vote on a question authorizes the issuance of a license type for two years. • Once the Town has voted three consecutive times (over a six year period) in the same manner (either affirmatively or negatively), then it will be taken to have authorized or denied the issuance of the license type until the Town votes otherwise. • The Secretary shall not place the question on the ballot after the three consecutive votes, unless a citizen's petition is filed with the Secretary. • Additional questions may be placed on the ballot through a citizens petition or by Special Act. 2 " 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1 (continued): • There is evidence that in 1970 the Town voted against Question A (All Alcohol) and B (Wine and Beer). To our knowledge, the Secretary did not place these questions on the ballot again. • There is evidence that the Town voted affirmatively for Question C (Package Stores) on two occasions (1970, 1972), but we have no evidence that the Town voted a third time on this question. • Typically the Secretary of State would insist that these questions be place on the ballot, so we are unsure what happened. 90 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 1 (continued): • Since following the requirements of Section 11 would take six years — this Special Act is much faster and will protect existing license holders, just in case. The Town wishes to grant liquor licenses under Section 12 (On -Premises Pour Licenses), Section 15 (Package Store License), and Section 14 (Special One Day). M` 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 2: • Section 17 establishes a quota for all alcohol and wine and beer only licenses issued under Section 12 and Section 15. • Currently, the Town issues all alcohol and wine and beer only Section 12 licenses, and all alcohol Section 15 licenses. • Annual 2005 Town Meeting voted against offering Section 15 wine and beer only licenses by a 12-112 vote. All -alcohol YES YES Wine and beer only YES NO 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 2 (continued): • Notwithstanding the 2005 Town Meeting Vote, the ABCC believes the Town has five available wine and malt beverages package store licenses. • Section 2 of this Special Act codifies the Town's current policy of only issuing all alcohol Section 15 licenses under Section 17. • In the future, the Town could reconsider the status quo and could vote to issue Section 15 wine and beer licenses. 4 2016 November Special Town Meeting Article 4 Special Act SPECIAL ACT SECTION 3: • Belt & Suspenders in order to protect all existing liquor license holders as of this date. A full list is on the next few slides. • Section 12 (On -Premises Pour Licenses) — 20 licenses issued — 18 all -alcohol f 1 restaurants; 4 clubs) — 2 wine & malt {1 restaurant; 1 general on premise) • Section 15 (Package Store License) — 6 licenses issued — 6 all -alcohol package stores " 2016 November Special Town Meeting Article 4 Special Act Section 12 (On -Premises Pour Licenses) — 20 licenses issued All Alcoholic — Restaurants (14) Anthony's Coal Fired Pizza — 48 Walkers Brook Drive Bertucci's Italian Restaurant — 45 Walkers Brook Drive Cafe Capri — 355 Main Street Chili's Grill & Bar — 70 Walkers Brook Drive Chipotle — 46 Walkers Brook Drive Fuddruckers — 50 Walkers Brook Drive Biltmore and Main Bar & Grill — 530 Main Street Longhorn Steak House — 39 Walkers Brook Drive Mandarin Reading Restaurant — 296 Salem Street Oye's — 26 Walkers Brook Drive Ristorante Pavarotti — 601 Main Street Fusilli's Cucina — 107 Main Street Venetian Moon Restaurant — 680 Main Street Bunratty Tavern — 622 Main Street 5 4 V f " 2016 November Special Town Meeting Article 4 Special Act Section 12 (On -Premises Pour Licenses) — 20 licenses issued (continued) All Alcoholic — Clubs (4) Knights of Columbus — 11 Sanborn Street Meadow Brook Golf Club — 292 Grove Street Reading Overseas Veteran's, Inc. - 575 Main Street Reading Veteran's Association/American Legion — 37 Ash Street Wine & Malt — Restaurants (1) • Bangkok Spice Thai Restaurant, 76 Haven Street Wine & Malt— General on Premise (1) • The Art Lounge on Haven, 78 Haven Street 2016 November Special Town Meeting Article 4 Special Act Section 15 (Package Store License) — 6 licenses issued All Alcoholic — Package Stores (6) Anstasi Brookline Inc. d/b/a Reading Fine Wines and Spirits, 28 Walkers Brook Drive HT Reading Liquors LLC d/b/a Wine and Spirits — 345 Main Street Jay and Ricky Inc. — 212 Main Street Raksha Inc. d/b/a Square Liquors — 11 High Street Kajal and Kevin LLC d/b/a The Liquor Junction — One General Way Pamplemousse Inc. d/b/a Pamplemousse— 26 Haven Street Wine & Malt — Package stores (0) • None issued (ABCC believes we have five available) 51