[Ord. No. 27852, 12-27-1994]
No retail store, restaurant without a liquor license, or fast
food establishment shall operate between the hours of 12:00 midnight
and 6:00 a.m. unless annually permitted by a two-thirds vote of all
members of the City Council. Such permits shall expire on December
31 of each year, but they may be granted in the last quarter of the
year to take effect on January 1 of the following year.
[Ord. No. 27852, 12-27-1994]
The annual application fee to be charged for permits required
by this article shall be a nonrefundable fee of $300 to be paid to
the City Clerk at the time of application.
[Ord. No. 27852, 12-27-1994]
(a)
The annual application shall be submitted to the City Clerk for referral
to the City Council upon a form supplied by the City Clerk. The City
Council shall set a public hearing date for the initial application
and the Office of the City Clerk shall cause to be published an official
notice of said hearing in a newspaper published in Waltham at least
seven days prior to the public hearing.
(b)
The applicant is to notify abutters by certified mail not less than
seven days prior to the public hearing. Notices are sent to each of
the persons appearing upon the Assessor's most recent valuation list
as the owners of property abutting the premises where the permit is
intended to be exercised. Certified receipts shall be submitted by
the applicant at the public hearing.
[Ord. No. 27852, 12-27-1994]
The City Council may refuse to approve issuance or renewal of
a permit for the following reasons:
(a)
A false statement as to a material matter made in an application
for a permit.
(b)
Failure by the applicant and/or owner or any officer or principal
of the applicant and/or owner to comply with the provisions of the
Zoning Ordinance, Building Code, Fire Code and other pertinent provisions
of all City ordinances as far as can be determined.
(c)
Determinations by the City Council that the approval of such issuance
or renewal of the permit would lead to the creation of a public nuisance
or endanger the health, safety, order or welfare of the public by:
(1)
Unreasonably increasing pedestrian or vehicular traffic in the
area in which the premises are located; or
(2)
Increasing the incidence of illegal or disruptive conduct in
the area in which the premises are located; or
(3)
Unreasonably increasing the level of noise in the area in which
the premises are located; or
(4)
Otherwise significantly harming the legitimate protectable interests
of the affected citizens of the City.
[Ord. No. 27852, 12-27-1994]
The City Council may require, due to special circumstances affecting
the application, such terms and conditions as it deems expedient and
in the best interests of the health, safety, welfare and peaceful,
quite enjoyment of the residents of the City of Waltham.
[Ord. No. 27852, 12-27-1994]
The permit herein provided for shall be posted permanently and
conspicuously in the premises so permitted.
[Ord. No. 27852, 12-27-1994]
Every permit issued under this article is subject to the right of the City Council, which is hereby expressly reserved, to revoke the same should the provisions of this article, the ordinances of the City or the laws of the commonwealth be violated. Said permit may be revoked by the City Council after written notice to the permit holder of such violations and a public hearing held in accordance with notice requirements of Section 8-157.
[Ord. No. 27852, 12-27-1994]
Any person, firm or corporation violating any of the provisions
of this article, in addition to the revocation of the permit, shall
be liable to a fine or penalty of not less than $50 nor more than
$200 for each offense. Every day that the offense continues shall
be considered a separate violation.
[Ord. No. 27852, 12-27-1994]
This article shall be in full force and effect 30 days from
the date of passage for all premises which currently operate such
as to require a permit in accordance with this article. For all other
applicants, this article shall take effect on the date of passage.
