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SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Westwood may grant 3 licenses for the sale of wines and malt beverages not to be drunk on the premises under section 15 of said chapter 138 to food stores. Except as otherwise provided herein, the licenses shall be subject to all of said chapter 138, except said section 17.

(b) For the purposes of this act, "food store" shall mean a grocery store or supermarket with a floor area of more than 1,000 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 nondurable items typically found in a grocery store and sold to individuals for personal family or household use; provided, however, that the 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 a store that sells gasoline; provided, however, that the board of selectmen shall determine whether an applicant is a food store under this act. In making such determination, the board of selectmen shall consider such factors as the volume of sales, actual or proposed, and the extent and range of merchandise offered for sale. A licensee under this act may sell wines and malt beverages alone or in combination with any other items offered for sale and the food store shall be lawfully operating as a commercial business. The amount of any initial or renewal fee for such license shall be determined by the licensing authority.

(c) Notwithstanding any general or special law, rule or regulation to the contrary, the licensing authority shall not approve the transfer of the license to any other location, but the license may be granted to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.

(d) If a license granted under this act 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 then grant the license to a new applicant at the same or other appropriate location and under the same conditions as specified in this act.

SECTION 2. This act shall take effect upon its passage.

Approved July 22, 2010

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