[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.
A.
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:
(1)
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.)
(2)
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.
(3)
Has made provisions that all utensils, containers and materials to
be used in said cafe are made of nonglass products.
(4)
Has complied with any and all rules, regulations and specifications
set forth by the Board of License Commissioners pursuant to this article.
B.
The applicant shall further provide the following:
(1)
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.
(2)
A description of the type of food, beverage or merchandise to be
sold.
(3)
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.
(4)
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.
A.
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.[1]
B.
The Board of License Commissioners shall consider the application
as a whole subject to the standards set forth herein.
C.
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.
D.
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:
A.
Fraud or misrepresentation contained in the application for the license.
B.
Fraud or misrepresentation made in the course of carrying on the
business.
C.
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.
D.
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.
A cafe authorized and operated pursuant to this article shall:
(1)
Comply
with all plans submitted to and approved by the Board of License Commissioners.
(2)
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.
B.
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.
