Bill
H 5306
New off-premises alcohol licenses cannot be issued within 500 feet of an existing one starting Jan 1, 2027, after local review of public health and welfare.
Title: An Act to ensure alcoholic beverages licensing economic opportunity and geographic equity
Purpose
- To regulate the issuance of licenses for the off-premises sale of alcoholic beverages (liquor stores) in relation to existing licensed premises.
- Aim: promote economic opportunity and geographic equity in licensing decisions, by preventing new off-premises licenses from clustering within close proximity to existing ones unless certain conditions are met.
Key Provisions
- New Section 16E added to Chapter 138 (as appeared in the 2024 Official Edition):
- General rule: No new off-premises license (for sale of alcoholic beverages not to be drunk on premises) may be issued within 500 feet of a premises that is already licensed for the sale of alcoholic beverages not to be drunk on premises.
- Evaluation standard: The local licensing authority must, in writing and after a hearing, determine that issuing a new license within 500 feet would not be detrimental to public health, safety, or the general welfare of the community.
- Transfer exception: The restriction does not apply to the transfer of a license from a premises located within 500 feet to another location located within the same 500-foot radius, provided the new location is not less remote from the existing licensee (i.e., the transfer must maintain some increased distance from the original licensed location).
- Right to appeal: An applicant denied a license under this section may appeal under Section 67.
- Effective date: The new licensing restriction applies to new licenses issued on or after January 1, 2027.
Scope and Impact
- Geographic impact: Introduces a clear 500-foot distance requirement between new off-premises liquor licenses and existing ones, potentially limiting the number and placement of new stores in dense commercial areas.
- Local control: Requires a written determination by the local licensing authority after a hearing, emphasizing local consideration of health, safety, and welfare impacts.
- Accessibility of appeal: Provides an avenue for applicants to appeal licensing decisions under existing Section 67 processes.
- Transfers: Clarifies that license transfers within the 500-foot zone are permitted if the new site remains reasonably distanced from the original licensee, which could facilitate relocation of licenses without expanding the density of licenses in a given area.
Applicability and Timing
- Applies to new licenses issued on or after January 1, 2027.
- Does not retroactively affect licenses issued prior to that date.
- The act addresses off-premises sales only; on-premises licenses (e.g., for bars or restaurants) are not the subject of the 500-foot provision, per the text.
Procedural Notes
- The bill was reported by the Committee on Consumer Protection and Professional Licensure and referred to House Steering, Policy and Scheduling after favorable report.
- There is at least one dissenting view noted in the committee (Representative McKenna of Sutton).
Overall Assessment
- The bill seeks to create geographic spacing for off-premises alcohol licenses to foster economic opportunity for new entrants and reduce clustering near existing licenses, subject to local review of health, safety, and welfare considerations. It balances restrictions with a transfer exception and provides an appeal mechanism for applicants. The policy takes effect for licenses issued starting in 2027.
Compiled from official sources — confirm details with the bill’s official record.
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