[HISTORY: Adopted by the Board of Aldermen of the City of
Melrose as Rev. Ords. 1976, §§ 11-1 to 11-6, 11-9 to
11-15 and 11-17 to 11-25 (Rev. Ords. 1989, §§ 9-1 to
9-9 and 9-26 to 9-37). Amendments noted where applicable.]
Unless otherwise provided, all licenses specified in this chapter
shall be granted by the City Council and shall be issued by the City
Clerk, who shall keep a proper book of records of licenses, and all
fees shall be turned over to the City Treasurer for the use of the
City.
State law reference — Licenses
generally, MGL c. 140.
Except as otherwise provided in this chapter, all applications
for licenses or renewals thereof shall be filed with the City Clerk
for presentation to the City Council and shall be accompanied by the
fee established therefor. Whenever a public hearing is required precedent
to the granting of a license, the cost of publishing notice thereof
shall be paid, in advance, by the applicant.
Whenever any application for a license is dismissed, the City
Auditor shall be notified of such action and shall thereupon draw
a voucher authorizing the City Treasurer to make refund to the applicant
of the amount of the fee paid by the applicant.
[Amended 5-21-2012 by Ord. No. 2012-158]
Licenses which may be legally granted for purposes not specifically mentioned in this chapter may be granted by the City Council, which shall fix the fees at its discretion. Whenever the use of a public street is involved, the consent of the City Engineer shall be obtained in the same manner as provided in § 152-15.
[Amended 4-6-1987 by Ord.
No. 1654]
All transfers of licenses issued under the provisions of this chapter shall be considered as new applications in accordance with § 152-2.
A.
Generally. Pursuant to MGL c. 41, § 13B, and except as
otherwise provided in this chapter, the City Clerk is hereby authorized
to renew all licenses and permits with respect to which the City Council
is designated as the licensing or issuing authority under the provisions
of any general or special law, or of any ordinance of the City, and
for which no public hearing is required. A report of each license
renewed under this section shall be made by the City Clerk to the
City Council at the regular meeting of the Council next following
the granting of such renewal.
B.
Departmental reports. The City Clerk shall forthwith, after receiving an application for the renewal of a license or permit which the Clerk is authorized to renew under Subsection A of this section, obtain from the Chief of the Police Department a report as to the character and fitness of the applicant to exercise the license or permit applied for. The Clerk shall also obtain reports from such other City departments as would be concerned with the operation of the business for which such license or permit is required. It shall be the duty of such Chief and of the heads of all other City departments to cause all necessary investigations to be made and, in the case of each report, to recommend whether the renewal of such license or permit shall be approved or disapproved.
C.
Reference of certain applications to Council. Upon the request of
an applicant who has been refused a renewal of a license or permit
by the City Clerk, or whenever the Clerk shall receive an adverse
report with respect to an applicant for renewal of a license or permit,
the application, together with all reports relating thereto and, in
the case of refusal by the City Clerk, a written statement of the
reasons therefor, shall be referred to the City Council, which shall
then determine whether the renewal of the license or permit applied
for shall be granted or refused.
D.
Retention of applications; notation of actions taken. The City Clerk shall keep all applications for renewals of licenses or permits granted by him/her under authority of Subsection A of this section in a file provided for the purpose and shall make a notation on each such application of his/her action in granting or refusing renewal thereof.
Except as otherwise provided by law, any license granted or
renewed under authority of this chapter may be suspended or revoked
at the pleasure of the City Council. When such license is revoked,
the City Clerk shall note the revocation upon the face of the record
of the license and shall give written notice to the holder of the
license by causing the same to be delivered to him/her, in person,
or by leaving it at the place of business designated in the license.
All licenses or permits or renewals thereof granted by any department
or officer for any purpose whatsoever shall be recorded in a stub
book kept for that purpose and in a form approved by the City Auditor.
Nothing in this chapter shall be construed as conflicting with
any license issued under the authority of the commonwealth.
[Added 3-21-2022 by Ordinance No. 2022-1]
A.
Any board, officer or department who issues local licenses or permits
for the city ("the licensing authority") may deny any application
for, or revoke or suspend a building permit, or any local license
or permit including renewals and transfers for any person, corporation,
or business enterprise, who has neglected or refused to pay any local
taxes, fees, assessments, betterments or any other municipal charges,
including amounts assessed under the provisions of MGL c. 40, § 21D,
or with respect to any activity, event or other matter which is the
subject of such license or permit and which activity, event or matter
is carried out or exercised or is to be carried out or exercised on
or about real estate whose owner has neglected or refused to pay any
local taxes, fees, assessments, betterments or any other municipal
charges, provided that:
(1)
The tax collector or other municipal official responsible for
records of all municipal taxes, assessments, betterments and other
municipal charges, hereinafter referred to as the tax collector, shall
annually, and may periodically, furnish to each department, board,
commission or division, hereinafter referred to as the licensing authority,
that issues licenses or permits including renewals and transfers,
a list of any person, corporation, or business enterprise, hereinafter
referred to as the party, that has neglected or refused to pay any
local taxes, fees, assessments, betterments or other municipal charges,
and that such party has not filed in good faith a pending application
for an abatement of such tax or a pending petition before the appellate
tax board.
(2)
The licensing authority may deny, revoke or suspend any license
or permit, including renewals and transfers of any party whose name
appears on said list furnished to the licensing authority from the
tax collector or with respect to any activity, event or other matter
which is the subject of such license or permit and which activity,
event or matter is carried out or exercised or is to be carried out
or exercised on or about real estate owned by any party whose name
appears on said list furnished to the licensing authority from the
tax collector; provided, however, that written notice is given to
the party and the tax collector, as required by applicable provisions
of law, and the party is given a hearing, to be held not earlier than
14 days after said notice. Said list shall be prima facie evidence
for denial, revocation or suspension of said license or permit to
any party. The tax collector shall have the right to intervene in
any hearing conducted with respect to such license denial, revocation
or suspension. Any findings made by the licensing authority with respect
to such license denial, revocation or suspension shall be made only
for the purposes of such proceeding and shall not be relevant to or
introduced in any other proceeding at law, except for any appeal from
such license denial, revocation or suspension. Any license or permit
denied, suspended or revoked under this section shall not be reissued
or renewed until the license authority receives a certificate issued
by the tax collector that the party is in good standing with respect
to any and all local taxes, fees, assessments, betterments or other
municipal charges, payable to the municipality as the date of issuance
of said certificate.
(3)
Any party shall be given an opportunity to enter into a payment
agreement, thereby allowing the licensing authority to issue a certificate
indicating said limitations to the license or permit and the validity
of said license shall be conditioned upon the satisfactory compliance
with said agreement. Failure to comply with said agreement shall be
grounds for the suspension or revocation of said license or permit;
provided, however, that the holder be given notice and a hearing as
required by applicable provisions of law.
(4)
The City Council may waive such denial, suspension or revocation
if it finds there is no direct or indirect business interest by the
property owner, its officers or stockholders, if any, or members of
his immediate family, as defined in Section 1 of Chapter 268A of the
Massachusetts General Laws in the business or activity conducted in
or on said property.
B.
This section shall not apply to the following licenses and permits:
open burning (MGL c. 48, § 13); bicycle permits; (MGL c.
85, § 11A); sales of articles for charitable purposes (MGL
c. 101, § 33); children work permits (MGL c. 149, § 69);
clubs, associations dispensing food or beverage licenses (MGL c. 140,
§ 21E); dog licenses, (MGL c. 140, § 137); fishing,
hunting, trapping license, (MGL c. 131, § 12); marriage
licenses, (MGL c. 207, § 28); and theatrical events, public
exhibition permits (MGL c. 184, § 181).
No person shall paint or put upon, or in any other manner affix
to, any fence, structure, pole, rock or other object within the limits
of any highway any words, device, trademark, advertisement or notice
which is not required by law to be posted thereon without first obtaining
consent therefor from the City Council.
State law references — Affixing
advertisements to trees, MGL c. 87, § 9; affixing to fences,
structures, etc., MGL c. 266, § 126.
[Amended 2-7-1977 by Ord.
No. 19418; 3-17-1986 by Ord. No. 1343; 5-20-2002 by Ord. No. 02-303; 12-16-2002 by Ord. No. 02-060A; 8-21-2017 by Ord. No. 2018-4]
Every auctioneer must be licensed by the Deputy Director of
Standards in the State Office of Consumer Affairs and Business Regulation
and conform to the laws relating to auctioneers by obtaining a special
permit or annual permit from the City. An annual permit is applicable
to an auctioneer who operates an auction house in the City. A special
permit would be issued to all others. The fee for an annual permit
shall be the sum of $50 and for a special permit the sum of $40.
State law reference — Auction licenses
in municipalities, MGL c. 100, § 10.
[Amended 6-15-1981 by Ord. No. 20718; 4-21-2009 by Ord. No. 09-125; 11-16-2020 by Ord. No. 2021-34; 12-20-2021 by Ord. No. 2022-56; 7-17-2023 by Order No. 2023-2]
No person shall hereafter engage in the business of innholder
or common victualler without first obtaining a license therefor from
the City Council. A fee of $100 shall be paid for each of such licenses.
State law reference — Law of the
commonwealth authorizing cities to grant licenses to common victuallers,
innholders, etc., MGL c. 140, § 2, construed in Liggett
Drug Co. v. Board of License Commissioners, 296 Mass. 41, 4 N.E. (2d)
268.
A.
License required. No itinerant musician shall play any musical instrument
in the streets or public places or elsewhere within the City without
first receiving a license from the City Council.
B.
Restrictions.
(1)
No itinerant musician shall play any musical instrument in the streets
or public places of the City before 7:30 a.m. or after 9:00 p.m. or
on Sundays or within 100 yards of any school which is in session.
(2)
Every itinerant musician who is granted a license shall be assigned
a number which shall be written or printed on the license and shall
be conspicuously displayed upon the instrument played by him/her,
if possible; otherwise it shall be displayed upon the hat or clothing
of the licensee.
|
State law reference — Municipal
authority to regulate musicians, MGL c. 85, § 10.
|
No person shall conduct a lodging house, as defined in MGL c.
140, § 22, without first obtaining a license therefor from
the City Council. A fee of $50 shall be paid for each such license.
State law reference — Lodging houses,
MGL c. 140, §§ 22 to 32.
[Amended 9-18-1989 by Ord. No. 90-12; 5-21-2012 by Ord. No. 2012-158]
All persons who shall apply to the City Council for a license
to conduct a street lunch cart shall first secure written consent
of the City Engineer, which consent shall state the place in such
street where such lunch cart shall be stationed, and the Council shall
not license such cart to be stationed in any other place, but such
consent shall not in any way, except as to location, affect the authority
of the Council, and it may grant or refuse such license at its discretion.
The sum to be paid for such license shall be $50. Each applicant shall
be allowed one pushcart for each license.
State law reference — Licenses
for lunch carts, MGL c. 140, § 49.
No person shall undertake the business of suppressing or exterminating,
for hire, the nests, pupae or caterpillars of the brown-tail or gypsy
moth without first registering with the officer or board having charge
of this work and obtaining from him/her or it a license.
State law reference — Gypsy or
brown-tail moths, MGL c. 132, § 11 et seq.
[Amended 10-2-1989 by Ord. No. 90-13]
A.
Licenses to buy and sell secondhand motor vehicles shall be granted
to suitable persons by the City Council under the provisions of MGL
c. 140, §§ 57 to 69.
B.
All such licenses shall be expressed to be under the provisions of
MGL c. 140 and acts in amendment thereof and in addition thereto and
shall specify all the premises to be occupied by the licensee for
the purpose of carrying on the licensed business.
A.
No person, as owner or as one in control of any land or building
in the City, shall use or allow to be used such land or building for
the purpose of staging or holding any motor vehicle race unless the
person staging or holding such motor vehicle race is licensed to do
so in accordance with the provisions of this section.
B.
Any person intending to stage or hold any such motor vehicle race
shall first file with the City Council a written application specifying
the location, day of the week and time of the day during which such
races are intended to be held, the type and maximum number of vehicles
to be involved and the manner and conditions under which such races
are to be conducted. The application shall be made on a form provided
by the City Clerk. Within five days, excluding Sundays and holidays,
of filing his/her application, the applicant shall provide copies
of such completed application to the Chief of Police, the Chief of
the Fire Department, the Board of Health and the Director of Inspectional
Services and the owners of any property abutting the situs of the
proposed race.
C.
Within 30 days after the filing of the application, the City Council
shall hold a public hearing with regard to such application, notice
of which hearing the City Clerk shall cause to be published once in
a newspaper of general circulation within the City at least five days
prior to the date of the hearing. The cost of such publication shall
be paid by the applicant.
D.
The City Council shall grant to the applicant a license to conduct
motor vehicle races on the premises specified in the application on
such days and during such hours as it deems consistent with the public
interest and upon such conditions as it deems proper to preserve the
public health, safety and welfare. However, no such license shall
be issued unless the applicant has shown to the reasonable satisfaction
of the Council that the proposed races will not create a hazard to
the public safety, become a public nuisance or constitute an activity
which will substantially interfere with the reasonable use and enjoyment
of property in the surrounding area. No such license shall exceed
one year in duration. Renewals of such license shall be granted only
after compliance with the procedures and standards set forth above.
E.
For purposes of this section, "motor vehicle" is defined as any self-propelled
vehicle constructed, designed or modified for propulsion by power
other than muscular power, including but not limited to automobiles,
motorcycles and bicycles with a motor or drive wheel attached. "Motor
vehicle race" shall mean any event or activity to which the public
is invited, whether or not an admission fee is charged, in which individuals
operate motor vehicles in competition against each other either as
to speed or driving ability or any event or activity in which said
motor vehicles are operated to perform unusual or difficult maneuvers
designed to demonstrate the driving skills of the operator, whether
or not in competition with other participants.
F.
Any person or entity who or which conducts a motor vehicle race in
violation of this section shall be subject to a fine of not more than
$50. Each day upon which a motor vehicle race is conducted in violation
of this section shall be considered a separate violation.
G.
A violation of the terms and conditions of a license granted under
this section shall constitute grounds for suspension or revocation
of such license by the City Council if, after giving to the licensee
reasonable notice and opportunity to be heard, a majority of the City
Council determines such revocation or suspension to be consistent
with the purpose of this section.
H.
A fee of $50 shall be paid for each of such licenses.
The Council may grant licenses, in accordance with the provisions
of MGL c. 148, § 56, to suitable persons to engage in the
business of conducting or maintaining an open-air parking space. The
fee for such license shall be $10. Licenses granted under this section
shall expire on April 30 following the date of issuance.
[Amended 5-20-2002 by Ord. No. 02-303]
Every person licensed to keep a pool, billiard or sippio table
for hire, in accordance with the provisions of MGL c. 140, § 177,
shall pay for such license a fee at the rate of $10 for each table.
Every person so licensed to operate bowling alleys shall pay for such
license a fee at the rate of $50 for the first alley and $35 for each
additional alley.
[Amended 6-15-1981 by Ord. No. 20718]
No person shall distribute or display posters, handbills or
placards, pamphlets, newspapers or any other printed, lithographed
or engraved advertising matter in any public parking area, street,
lane, alley or way, or on public property of any nature, without obtaining
a license or permit therefor from the City Clerk, who shall collect
a fee of $15 therefor and keep a record of all such licenses or permits.
[Added 7-19-1999 by Ord.
No. 99-315]
A.
For the purpose of this section, "casual sale" means the sale of
new or used articles of any nature or description to the public at
large in any residential district, which is commonly referred to as
an attic, lawn, yard or garage sale.
B.
No person shall engage in the casual sale of new or used articles
of any nature or description without first obtaining a permit for
such purpose from the Inspectional Services Department.
C.
Every applicant for any such permit shall set forth on an application
to be provided by the Inspectional Services Department his/her name,
age and address, a general description of the property to be sold
and the date or dates of such sale.
D.
Permits may be granted for a period of up to two consecutive days,
with the hours of operation limited to between 9:00 a.m. and 7:00
p.m. No more than two such permits may be issued in one calendar year
to any one resident or for any one location.
E.
No person shall offer for sale at a casual sale any articles which
have been purchased for resale or articles for which such person is
acting as a selling agent.
F.
Signs advertising a casual sale may be displayed 24 hours before
the sale. All signs must be removed within 24 hours after the sale.
G.
Any person who violates any of the provisions of this section shall
be subject to a fine of not more than $20 for each offense.
[Added 5-6-2002 by Ord.
No. 02-157]
A.
Applicability. This section shall apply to automatic amusement devices
as that term is defined in MGL c. 140, § 177A.
B.
Licensing.
(1)
The City Council shall grant licenses for automatic amusement devices
on an annual basis. The annual fee for an automatic amusement device
license shall be $20 per year. No entity or individual shall operate
such a device within the City without a license. Any license granted
under this section shall expire on December 31 of each year unless
sooner revoked. Every license issued for an automatic amusement device
shall state the address of the premises at which said device shall
operate and shall describe the type of automatic amusement device
covered by the license. No license shall state more than one premises
at one time.
[Amended 8-21-2017 by Ord. No. 2018-4]
(2)
Automatic amusement devices licensed under this provision shall be
installed on the premises stated in the license and shall be in open
view while in operation and shall be at all times available for inspection.
C.
Standards for licenses. The City Council may refuse to grant or renew
licenses for any automatic amusement devices which present a risk
of misuse as a gaming device, including but not limited to the following:
(1)
An automatic amusement device which involves matching of random numbers,
patterns or cards.
(2)
An automatic amusement device which has a mechanism for adjusting
the odds.
(3)
An automatic amusement device which has a remote control feature
which can reset from another location.
(4)
An automatic amusement device which is capable of returning money
to the player other than change for the excess amount put in.
(5)
An automatic amusement device which accumulates more than 26 plays.
(6)
An automatic amusement device which does not cost the same amount
for each player.
(7)
An automatic amusement device which permits a player to change any
aspect of the game by paying a different amount of money than another
player before or during the game.
(8)
An automatic amusement device which contains a metering device which
accounts for both money or points in and money or points out.
D.
Inspection; seizure of unlicensed devices. All automatic amusement
devices and licenses for automatic devices granted by the City Council
shall be subject to inspection by the Melrose Police Department to
ensure compliance with these provisions and conformance with the application
submitted. Any unlicensed automatic amusement device shall be subject
to immediate seizure by the Melrose Police Department.
E.
Fine for violation. Any person found in violation of the provisions
of this section shall be punished by a fine of $50 for each offense.
F.
Use in private homes. The provisions of this section shall not apply
to use of automatic amusement devices in private homes.
[Added 1-20-2009 by Ord.
No. 09-064]
A.
Wine and malt beverage license applications.
(1)
The Liquor Licensing Commission shall cause the City Council to be
officially notified of the date, time and place where the public hearing
of an applicant for a wine and malt beverage license, for consumption
on premises or off premises, shall be held, said notice to be made
no less than 21 days prior to the public hearing date.
(2)
Upon receipt of an application to grant a wine and malt beverage
license or an application to transfer such a license from one location
to another or an application to transfer a license from an individual,
corporation or partnership to another qualified to receive such a
license, or a request to change the manager or management of a licensed
establishment, or notice of an alleged violation, the Liquor Licensing
Commission, at least 21 days prior to any decision respecting any
said license or transfer, shall forward copies of the application
to the Clerk of Committees of the City Council, to the local residence
and electronic mail address of each Councilor, the Chief of Police,
Fire Chief, Building Commissioner and the Director of Public Health.
[Amended 8-15-2011 by Ord. No. 12-04; 8-21-2017 by Ord. No. 2018-4]
(3)
Copies of the agenda of each Liquor Licensing Commission meeting
shall be delivered to the Clerk of Committees of the City Council,
each member of the City Council, the Chief of Police, Fire Chief,
Building Commissioner and the Director of Public Health, at least
two full business days prior to each meeting.
[Amended 8-21-2017 by Ord. No. 2018-4]
B.
Wine and malt beverage licensed premises.
(1)
Upon receiving notice of a public hearing regarding a pending application
for a wine and malt beverage license, for consumption on premises
or off premises, the Building Commissioner shall provide a written
report to the Liquor Licensing Commission and each member of the City
Council prior to the date of the public hearing as to whether the
premises proposed for such license conforms in all respects to the
State Building Code and the Zoning Ordinance.[1]
(2)
Upon receiving notice of a public hearing regarding a pending application
for a wine and malt beverage license, for consumption on premises
or off premises, the Fire Chief or his designee shall provide a written
report to the Liquor Licensing Commission and each member of the City
Council prior to the date of the public hearing as to whether the
premises proposed for such license conforms in all respects to the
State Fire Safety Code.
