Bill
H 5378
Marion may grant one new off-premises alcohol license to J. Sull Wine (C & J Sull LLC), with specific transfer, timing, and eligibility conditions.
Title: An Act authorizing the town of Marion to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises
Docket and Sponsorship
- House Docket: 6043
- Filed: April 14, 2026
- Primary sponsors: Rep. Mark D. Sylvia (Fairhaven) and Sen. Kelly A. Dooner (Third Bristol and Plymouth)
- Co-sponsors: Kelly Dooner, Mark Sylvia
- Petitioners: Town of Marion (local approval noted)
Committee Referral
- Referred to: Consumer Protection and Professional Licensure
- Action history: Senate concurrence on April 16, 2026; initial referrals on April 15, 2026
Effective Date
- Takes effect upon passage
Purpose and Context
- Local authorization to issue an additional license for the sale of all alcoholic beverages not to be drunk on the premises (i.e., a license for off-premises consumption, often phrased as “package store” or off-sale license).
- The bill explicitly authorizes Marion to grant one additional license beyond its current quota, specifically for a business operating as J. Sull Wine (C & J Sull LLC) located at 119 Wareham Road, Unit 105, Marion.
Key Provisions
1) Authorization and eligibility
- The Marion licensing authority may grant one additional off-premises alcohol license (all alcoholic beverages not to be drunk on the premises) under the authority of Chapter 138, Section 15, notwithstanding Section 17.
- The license is designated for C & J Sull LLC, doing business as J. Sull Wine, at the specified Marion address.
- The license remains subject to all Chapter 138 provisions except Section 17 (which governs default licensing quotas and related processes), as well as conditions set by Marion’s Select Board.
2) Transfer and eligibility rules
- The license cannot be transferred to another location.
- If the license is granted at the current location to a new applicant, that applicant must provide: (a) a letter from the Massachusetts Department of Revenue (DOR) and (b) a letter from the Department of Unemployment Assistance confirming the license is in good standing and all taxes/fees/contributions are paid.
3) Temporary status and reallocation
- If the licensee terminates, fails to renew, or the license is canceled, revoked, or no longer in use, the license must be returned to Marion’s licensing authority with all rights and restrictions.
- Marion may grant the license to a new applicant at the same location within three years after such return, under the same conditions as specified; otherwise, the license dissolves.
4) Issuance timeline
- The license must be issued within one year of the act’s effective date. If originally granted within that one-year window, it may be granted to a new applicant thereafter under the transfer/condition framework described above.
Potential Impact
- Local impact: Marion gains one additional license for off-premises sale of alcohol, potentially expanding retail opportunities for alcoholic beverages at that location.
- Business impact: The specific entity (J. Sull Wine / C & J Sull LLC) is identified as the recipient; transfer flexibility is limited (no relocation) but transfer to a new local applicant at the same site is possible within established conditions, subject to state and local approvals.
- Regulatory impact: License remains governed by Massachusetts alcohol laws (Chapter 138) with some exceptions, and requires compliance demonstrations to DOR and Unemployment Assistance for transfers.
Overall, the bill provides Marion with a single additional off-premises alcohol license tied to a named business, with defined transfer rules, reallocation conditions, and a one-year issuance deadline.
Compiled from official sources — confirm details with the bill’s official record.
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