5 Mass. App. Ct. 794 | Mass. App. Ct. | 1977
Reading the provisions of G. L. c. 138, §§ 15 and 16B, together, it is clear that no original license for a package store can be “issued” by a “local licensing authority” (c. 138, § 1) unless or until (a) the local authority has voted to “grant” the application for the license and (b) the “commission” (§ 1) has approved the grant and the “applicant.” Connolly v. Alcoholic Beverages Control Commn. 334 Mass. 613, 615-619 (1956). If (as in this case) the commission does give such approval, the local authority must issue the license “not later than seven days following receipt of notice of approval by the commission” (§ 16B), subject to the applicant’s paying into “the city or town treasury” (§ 70) the “license fee” which the local authority “may determine in the first instance when originally issuing” the license (§ 15). Having in mind (c) that the seventh paragraph of § 23 makes no provision for the refund of the whole or any part of a license fee in the event of the commission’s refusal to grant the required approval and (d) that an original license “shall expire on December thirty-first of the year of issue” (§ 23; Piona v. Alcoholic Beverages Control Commn. 332 Mass. 53, 57 [1954]) regardless of any delay in securing commission ap
So ordered.