Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 23B (2026)

Retention of license where premises of licensee taken by public authority; transfer application; reservation of license; rebate of fee; renewal application

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Section 23B. Any holder of a license issued under this chapter to do business on certain premises which are subsequently taken by public authority and who is required to remove his business from such premises shall not thereby be deprived of his license. Such licensee may apply to the local licensing authorities for a transfer of the license to another location, and in the event that a suitable location is not available which is approved by the licensing authorities, said license shall be reserved for the licensee until such time as a suitable location is approved, but in no event shall such license be reserved for a period longer than four years from the date the premises are actually vacated by the owner, or the date said authority actually takes possession of the premises, whichever period is longer. Licensees in this classification shall be entitled to a rebate of the fee which has been prepaid for that period during which they are prevented from exercising said license, and the rebate shall be pro-rated in accordance with the local licensing fees, and such licensees who have not been able to obtain an approved location at the end of a license year shall have the right to renewal of said license upon the filing of a renewal application and upon the payment of one tenth of the local license fee. When such licensee shall have obtained an approved location, the license fee shall be paid for the balance of the year on a pro-rata basis.

Notes of Decisions

Cited in 2 cases, 1979–1988 · leading case: Whitehall Co. v. Alcoholic Beverages Control Comm'n, 389 N.E.2d 419 (Mass. App. Ct. 1979).

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Whitehall Co. v. Alcoholic Beverages Control Comm'n, 389 N.E.2d 419 (Mass. App. Ct. 1979). “See G. L. c. 138, § 23B, as amended by St. 1973, c.”

Bd. of Selectmen v. Alcoholic Beverages Control Comm'n, 519 N.E.2d 1365 (Mass. App. Ct. 1988). “The only exception to this rule is found in G. L. c. 138, § 23B, as most recently amended by St.”

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