Town of Agawam, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Agawam 5-5-2003 by TOR-2003-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Coal, coke and fuel-oil dealers — See Ch. 89.
Fire prevention — See Ch. 106.
[1]
Editor's Note: This chapter was originally adopted as Ch. 90, but was renumbered to better fit the alphabetical organization of the codification.

§ 111-1 Purpose.

For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline service stations and retail refueling sites within the Town of Agawam.

§ 111-2 Gasoline service station.

A gasoline service station shall include any business selling or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether or not the public is permitted or expected to operate the pump to put the fuel into a motor vehicle's fuel tank or a container, and shall include gasoline filling stations and gasoline self-service stations. For the purposes of this chapter, "gasoline service station" shall also include any site used or operated as a retail refueling site, including the fuels of gasoline, propane, electricity and hydrogen.

§ 111-3 Licensing; limitation.

No business or person shall operate a gasoline service station without a license issued under the provisions of Massachusetts General Laws Chapter 148 § 13, or a permit issued in accordance with the Code of Massachusetts Regulations 527 CMR 14.03. for the purpose of licensing gasoline service stations under the provisions of Massachusetts General Laws Chapter 148 § 13, and permitting gasoline service stations in accordance with the Code of Massachusetts Regulations 527 CMR 14.03, there shall be no more than 20 licenses and/or permits issued at any one time.

§ 111-4 Exercise of license.

Any license or permit issued under the provisions of this chapter and Massachusetts General Laws Chapter 148 § 13 or 527 CMR 14.03 shall become invalid and shall be null and void if the activity authorized by said license or permit is not commenced within six months from the date of the issuance of said license or permit.

§ 111-5 Capacity of license.

All licenses issued under the provisions of this chapter and Massachusetts General Laws Chapter 148 § 13 or 527 CMR 14.03 shall state the capacity of fuel for which said license or permit is issued. No less than 80% of the capacity stated on said license or permit must be in use and operation at all times during the term of the license.

§ 111-6 Previously issued licenses.

Any license or permit issued under the provisions of Massachusetts General Laws Chapter 148 § 13 or 527 CMR 14.03 prior to the enactment of this chapter shall and must commence the activity allowed by such license or permit within six months from the date this chapter is enacted. If the activity allowed by such license or permit is not commenced within said six months, any such license or permit shall become invalid and be null and void.