City of Fitchburg, MA
Worcester County
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Table of Contents
Table of Contents
[Adopted as §§ 12-1 through 12-13 of the 1965 Code]
No person shall engage in any business, trade or occupation which requires a license or permit without having first obtained a license or permit therefor.
All licenses and permits, unless otherwise provided, shall be granted by the Council.
[Added 1-19-1971 by Ord. No. 965-70]
All applicants for licenses for the sale of motor vehicles, whether as Class 1, Class 2 or Class 3 licensees, shall, prior to filing such application, secure from the enforcing authority of the Zoning Ordinance, a statement, in writing, to be filed with the application, that such license is permitted to be conducted at the premises for which the license is requested under the Zoning Ordinance; and no such license shall be issued if not permitted by the Zoning Ordinance at the premises set forth in the application.[1]
Editor's Note: See Ch. 181, Zoning.
All licenses or permits may be made subject to such provisions and conditions, consistent with the provisions of law relating thereto, as the board or officer granting the same may deem proper.
Every license and permit issued shall contain a condition that the person accepting the same shall abide by the laws of the commonwealth, the ordinances of the City and the conditions in the license or permit and, unless otherwise provided by law, that the license or permit may be revoked at any time by the authority issuing it.
All applications for licenses, except those for fireworks, garages and petroleum storage, shall be submitted to the Chief of Police prior to action thereon by the Council.
Applications for licenses for fireworks, garages and petroleum storage shall have the approval of the Chief of the Fire Department.
All boards, departments or officers who are authorized by this Code to issue licenses or permits shall keep a record thereof, setting forth the name, date and purpose of each license or permit, which record shall be open to public inspection, unless otherwise provided by law.
All licenses granted under this article may be suspended or revoked at any time in the discretion of the board or officer granting the same.
A license shall be required to carry on the business of a pawnbroker and such license shall be governed by the provisions of MGL c. 140, § 70.
Editor's Note: See Ch. 130, Pawnbrokers.
[Amended 6-3-2014 by Ord. No. 100-2014]
Every transient vendor, before making any sales of goods, wares or merchandise in the City, shall make an application to the Council for a license to do business. The applicant shall file a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him or her for sale. The Council shall submit such statement to the Assessors of the City, who, after such examination and inquiry as they deem necessary, shall determine such average quantity and value and shall forthwith transmit a certificate thereof to the Council. Thereupon the Council shall authorize the City Clerk, provided that the transient vendor holds a state license, to issue him or her a license authorizing the sale of such goods, wares and merchandise within the City, upon the payment by the applicant of a fee equal to the taxes assessable in the City, under the last preceding tax levy therein, upon an amount of property of the same valuation; but in no case shall the fee be less than $250. Upon the payment of such fee, the City Clerk shall thereupon issue the license in accordance with the provisions of Chapter 101 of the General Laws.
Any transient vendor who neglects or refuses to file a statement described in the above subsection or who makes a false or fraudulent representation therein or who fails to comply with this section shall be punished by a fine of not less than $5 nor more than $20 for each day he or she keeps or exposes for sale any goods, wares or merchandise.
Permits for the sale of fruits, vegetables and farm products by the persons raising them shall be issued by the City Clerk upon application to him. There shall be no charge therefor.[1]
Editor's Note: The Schedule of Fees, which originally followed this section in the 1965 Code, is on file in the office of the City Clerk.
Editor's Note: Former § 120-11, Annual renewal certificate fees for flammable liquids, was repealed 4-17-2018 by Ord. No. 099-2018.
The required fee for licenses shall be paid at the time of application or simultaneously with the delivery of the license to the licensee. If the fee accompanies the application and the application is rejected, the fee shall be returned to the applicant.
The Licensing Board shall consist of three persons appointed by the Mayor, in accordance with the provisions of Chapter 138 of the General Laws. Such Board shall exercise all the powers, duties and responsibilities vested in it by law.
The Licensing Board shall be the licensing authority for the issuance of licenses to innholders, common victuallers, keepers of lodging houses, all licenses and permits permitted or required by General Laws Chapter 138 as now enforced or as may from time to time be amended, and taxicab licenses as set forth in Chapter 162 of the Code of the City of Fitchburg.
[Amended 4-2-1996 by Ord. No. 88-96]
Subject to the provisions of Chapter 162 of the Code of the City of Fitchburg, and so long as not inconsistent with the City's ordinances or state law, the Licensing Board shall have authority and power to promulgate reasonable rules and regulations setting forth the standards for issuance and renewal of licenses within its jurisdiction and for termination, suspension or revocation of licenses and regulation of the conduct and business of licensees.
[Added 4-2-1996 by Ord. No. 88-96]
In this subsection, the term “video game” means a kind of game existing as, and controlled by, software or encoded computer instructions, usually run by a video game console or a computer, and played on a video terminal or television screen and controlled by a paddle, joystick, mouse, cursor keys, controller, or a combination of any of these devices. The Licensing Board may issue licenses for installation and use of coin-operated amusement devices, amusement devices paid for by depositing coins or otherwise and video games in commercial or recreational establishments in the City upon written application therefor, subject to reasonable rules and regulations as promulgated pursuant to § 120-13C.
[Added 12-2-2008 by Ord. No. 244-08]