[HISTORY: Adopted by the Municipal Council of the City of Taunton as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-1982 (§§ 12-240 to 12-250 of the 2010 Code)]
The Board of License Commissioners is hereby authorized to regulate the operation of cafes through promulgation of appropriate rules, regulations and specifications.
It shall be unlawful to sell, or offer for sale, any food or beverage on any street or sidewalk within the City without first obtaining a license therefor from the Board of License Commissioners of the City of Taunton as set forth in this article.
Each applicant for a license under this article shall submit three copies of the plans for a cafe to the Board of License Commissioners together with a nonrefundable fee of $100. Said plans shall show that the applicant:
Has a liquor license that will allow, or may be amended to allow, him/her to serve alcoholic beverages in his/her cafe. (This requirement shall apply only to those cafes desiring to sell alcoholic beverages and is not a precondition to obtaining a license.)
Has provided for a minimum of 1/2 of the sidewalk for the general use of pedestrians, between the curbline and the edge of said cafe nearest to any curbline.
Has made provisions that all utensils, containers and materials to be used in said cafe are made of nonglass products.
Has complied with any and all rules, regulations and specifications set forth by the Board of License Commissioners pursuant to this article.
The applicant shall further provide the following:
The name and home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the business.
A description of the type of food, beverage or merchandise to be sold.
A certificate of inspection by the representatives of the Board of Health. The provisions of Article X of the State Sanitary Code establishing sanitation standards for said service establishments as authorized by Chapters 111 and 30A of the Massachusetts General Laws shall be complied with insofar as applicable.
Proof of an insurance policy, issued by an insurance company licensed to do business in the commonwealth, protecting the licensee and the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license. Such insurance shall name as additional insured the City and shall provide that the policy shall not terminate or be cancelled prior to the expiration date without 30 days' advance written notice to the City.
Not later than 30 days after the filing of a completed application for a vendor's license, the applicant shall be notified by the Board of License Commissioners of the decision on the issuance or denial of the license.
The Board of License Commissioners shall consider the application as a whole subject to the standards set forth herein.
In the event that two or more applications for the same location are received, the earliest application, if approved, shall be awarded the location. The number of locations and distance between locations for which a license has been granted shall be up to the Board of License Commissioners' discretion.
If the license is approved, the Board shall issue the license for a period of five months from May through September or any portion of said period. If the license is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. The license shall be valid only for the location listed.
Any license may be denied, suspended or revoked for any of the following causes:
Fraud or misrepresentation contained in the application for the license.
Fraud or misrepresentation made in the course of carrying on the business.
Conduct of the licensed business in such manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
Conduct which is contrary to the provisions of this article.
All licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. An application to renew a license shall be made not earlier than March 1 of the next year.
A cafe authorized and operated pursuant to this article shall:
Comply with all plans submitted to and approved by the Board of License Commissioners.
Within 15 minutes after the closing of the cafe, have all furniture, utensils, containers or any other materials used in the operation of the cafe or within the area used by the cafe removed from the sidewalk area, provided that any railing, flooring or other support or enclosure used in the assembly, operation or enclosure of the cafe may be allowed to remain on the sidewalk area if specifically permitted in the Board's approval of the cafe plans.
No cafe shall remain open after 8:30 p.m. without a special permit issued by the Board of License Commissioners for a special event.
The area encompassed within a cafe authorized and licensed pursuant to this article shall be considered duly licensed for sale and consumption of alcoholic beverages during business hours. The provisions of § 334-11 of this Code shall not apply to said area during the business hours.
No advertising, except the posting of prices, shall be permitted on any stand or motor vehicle, except to identify the name of the product or the name of the vendor.
Upon a finding by the Board of License Commissioners that an applicant has violated any provisions of this article, the Board of License Commissioners shall give notice to the applicant to correct said violation within 24 hours of receipt of said notice by the applicant. Upon failure to correct said violation within 24 hours, the Board of License Commissioners may revoke the applicant's license issued pursuant to this article.