[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No.
10-012 (former Ch. 5.20 of the Town Bylaws, which
derived from prior code Ch. 57, adopted STM 5-1-1989 by Art. 13).
Amendments noted where applicable.]
No phrenologist, medium, clairvoyant, soothsayer, astrologist,
fortune-teller, palmist, reader-advisor or the like, by whatsoever
name called, shall conduct business or practice their trade for monetary
consideration in the Town without first obtaining a license from the
Board of License Commissioners and only after a criminal history check
conducted by the Chief of Police of Braintree or his/her designee,
the issuance of a certificate from the office of the Building Inspector
that the property to be used for such purpose conforms with all Zoning
Ordinances of the Town, and only after a determination by the Board
of License Commissioners that issuance of such license would not be
adverse to the public welfare, and after a public hearing.
A license to conduct a business described in this chapter shall
be issued only to individuals and shall apply only to the premises
shown on a plan furnished by the applicant. The plan need not be by
a registered engineer but must be in a form and scale acceptable to
the Town Engineer. The license, when issued, shall set thereon the
name of the licensed individual and the approved location. The licensee
shall be the operator of the licensed business. No person who is not
duly licensed may conduct any business pursuant to this chapter nor
shall any license issued for one premises be issued upon another.
The license shall be displayed at all times in a prominent place upon
the licensed premises.
A.Â
The fee for the license shall be set by the Board of License Commissioners.
No license shall be issued until such fee and any other costs have
been paid to the Board of License Commissioners.
B.Â
Any license issued under the provisions of this chapter shall be
effective from the date of its issuance. A new application for a license
must be made annually by December 31 if the licensee continues in
business. The fee for such license for less than one year shall be
prorated. Such license is personal with the licensee and does not
go with the title of the land, nor may it be sold, assigned, transferred
or disposed of without the permission of the licensing authority.
Applications for renewal shall be made within 60 days from the date
of expiration of the license and such renewal shall not be unreasonably
withheld, unless for a good cause shown.
An application for a license pursuant to this chapter shall
be made by the applicant, in writing, on forms approved by the Board
of License Commissioners. The application shall be submitted under
oath and shall set forth the name and address of the person who will
conduct such business and the names and addresses of all persons having
a beneficial interest in the business. It shall set forth an accurate
description of the premises for which the license is sought, as described
in this chapter. It shall contain such other detailed information
as to the character and location of the business as may be required
by the Board of License Commissioners to determine whether the issuance
of the license sought would serve the public interest. Every applicant
for a license pursuant to this chapter shall submit to the licensing
authority a valid social security number or Massachusetts driver's
license or employer identification number as proof of the identity
of the applicant.
In each application, except in the case of an application for
renewal of a license, the applicant shall undertake to defray the
expense to the Town of the public hearing on his/her application.
In addition to and simultaneously with the filing of his/her application,
the applicant shall be responsible for the cost of advertising and
postage for notice to abutters for the public hearing.
A.Â
Upon the filing of the application with the Board of License Commissioners,
written notice shall be given to the applicant, and public notice
shall be given by advertisement in a newspaper circulating in the
Town at least seven days prior to the hearing, of the time and place
fixed for the hearing to be held before the Board of License Commissioners
on the issuance of the license. In the case of an application for
renewal of a license, the Board of License Commissioners may dispense
with the requirement for public notice. The applicant and all interested
persons shall have reasonable opportunity to be heard at such hearing.
B.Â
In the licensing procedure under this chapter, the Board of License
Commissioners shall take into consideration any record of a conviction
of any crimes.
Each licensee under this chapter shall provide sanitary facilities
for the use of all customers upon the licensed premises in accordance
with regulations of the Building Division of the Town.
Any premises in the Town licensed under this chapter, when open
for the transaction of business, shall be subject to inspection by
any police or special police officer acting pursuant to his/her duties.
Upon notice to the licensee and after a hearing by the Board
of License Commissioners at which it has been determined that the
licensee has been convicted in a court of competent jurisdiction of
a crime or cause has been shown that the licensee has violated the
ordinances and/or Zoning Ordinances of the Town or the laws of the
commonwealth, a license issued pursuant to this chapter may be suspended,
modified or revoked by the Board of License Commissioners.
