[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1993 as
Ch. 5.04 of the 1993 Code]
In accordance with the provisions of Chapter 70, Acts of 1920,
as amended by Chapter 275, Acts of 1949, the Board of Licensing Commissioners
shall have all authority to grant licenses and permits, except permits
to public service corporations for locations in streets and ways of
the City.
All applications for licenses and permits shall be filed at
the office of the City Clerk, and all petitions for hearings or other
requests which require or provide for publication, or advertising
in newspapers, or require notification of abutters, shall be accompanied
by a fee sufficient to pay the expenses of such publication or notification,
payable to the City Clerk.
In accordance with the provisions of MGL c. 62C, § 49A,
no license or permit shall be issued to any individual or business
operating within the City unless said applicant has certified in writing,
under the pains and penalties of perjury, that he has complied with
all laws of the Commonwealth of Massachusetts relating to taxes, including
local taxes under the provisions of MGL c. 59. The failure to properly
execute such certification shall be considered grounds to revoke such
license or permit.
A. List preparation.
The Treasurer/Collector shall annually furnish to each department
and board that issues licenses or permits, including renewals and
transfers (hereinafter referred to as the "licensing authority"),
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
for not less than a twelve-month period, 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. Such listing
shall be prepared with the assistance of the Chief Information Officer.
[Amended 6-1-2020 by Order
No. 2020-012]
B. License
or permit issuance limitations; certificate of compliance. 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 Treasurer/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 Treasurer/Collector;
provided, however, that written notice is given to the party and the
Treasurer/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
Treasurer/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 licensing authority receives a certificate issued by the Treasurer/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 City as of the date of issuance of said certificate.
[Amended 6-1-2020 by Order
No. 2020-012]
C. Payment
agreement. 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 shall be given notice
and a hearing as required by applicable provisions of law.
D. Waiver.
The Mayor, with the City Council's approval, may waive such denial,
suspension or revocation if he 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 MGL c. 268A,
§ 1, in the business or activity conducted in or on said
property.
[Amended 6-1-2020 by Order
No. 2020-012]
E. Nonapplicability
to certain licenses and permits. This section shall not apply to the
following licenses and permits: open burning, MGL c. 48, § 13;
bicycle permits; 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. 148, § 137; fishing,
hunting, trapping license, MGL c. 131, § 12; marriage licenses,
MGL c. 207, § 28; theatrical events, public exhibition permits,
MGL c. 140, § 181; and building permits, MGL c. 143.
[Amended 6-1-2020 by Order
No. 2020-012]
[Adopted 5-17-1993 as
Ch. 5.40 of the 1993 Code]
[Amended by Order No. 95-084]
Every person licensed as an auctioneer shall give a bond in
the sum of $200 to the Treasurer/Collector with sufficient sureties
to be approved by the Board of Licensing Commissioners, with condition
that he shall in all things conform to the laws relating to auctioneers,
and shall pay for the license the sum of $25.
[Amended by Order No. 95-084]
Every person licensed to keep a billiard or pool table or a
bowling alley shall pay the City Clerk, for the use of the City, the
sum of $125 for each table and $40 for each bowling alley. All such
licenses shall be recorded by the City Clerk in a book kept for that
purpose before being delivered to the licensee. Such record shall
set forth the name of the person so licensed, the nature and location
of the business and the number of tables or alleys, and such license
shall continue in force, unless sooner revoked, until the first day
of May next ensuing. Such licenses, however, may be granted during
the month of April, to take effect on the first day of May then next
ensuing.
[Amended 6-1-2020 by Order
No. 2020-012]
Every person licensed as a common victualler shall pay for the
license the sum of $100.
[Amended 6-1-2020 by Order
No. 2020-012]
No person shall, without a license from the Board of Licensing
Commissioners, offer for sale to the general public pizzas, submarine
sandwiches, hamburgers, and food of like nature and/or similar foods
to be consumed off the premises. The license fee shall be $50. Whoever
violates this section shall pay a fine of $50 for each violation.
[Amended 6-1-2020 by Order
No. 2020-012]
The Board of Licensing Commissioners may grant a license for
the operation of a lodging house, which license shall expire on December
31 of each year but may be granted during December to take effect
on January 1 following. The fee for such license shall be $250.
[Amended 6-1-2020 by Order
No. 2020-012]
The Board of Licensing Commissioners may grant licenses to such
persons as it deems expedient to employ or use any vehicle for rental
or lease, which place of business is within the City limits. The fees
for such licenses shall be fixed by the Board.
A. License; fees. The Board of Licensing Commissioners may grant licenses
in accordance with the provisions of MGL c. 140, §§ 58
and 59, and acts in amendment thereof and addition thereto. The fees
for such licenses shall be fixed by the Board.
B. License requirements. No motor vehicle junk license, granted under
MGL c. 140, § 59, shall be issued unless the location shall
be at least 500 feet from the street line and the nearest property
lines and shall have a fence erected around the property approved
by the Board of Licensing Commissioners.
[Amended 6-4-2018 by Ord.
No. 2018-014]
A. Licensing; fee.
(1) No person, company, corporation or other entity shall offer for sale
more than four secondhand motor vehicles in a calendar year without
obtaining a used car dealer's/motor II license from the Board of Licensing
Commissioners. No person, company, corporation or other entity shall
offer auto repair services without obtaining a used car dealer's/motor
II license.
(2) Application for a used car dealer's license/motor II shall be made
on a form approved by the Board of Licensing Commissioners and shall
be accompanied by a nonrefundable application fee of $100.
(3) Licenses shall expire annually on December 31. Except as provided in Subsection
E of this section, issuance of a license during the previous licensing period shall not create a presumption in favor of the applicant.
(4) Notice of denial of an application for a license herein shall be
accompanied by a statement setting forth specific reasons for the
denial.
(5) Licenses may be issued upon such terms and conditions and with such
restrictions as the Board of Licensing Commissioners deems expedient
and in the best interests of the health, safety and welfare of the
residents of Quincy.
(6) Said licenses may not be sold, conveyed, assigned or transferred
without the consent of the Board of Licensing Commissioners.
B. Licensing; minimum standards. The Board of Licensing Commissioners
may license such applicants as it determines are suitable to conduct
a used car sales/motor II business in the City. Failure to comply
with the provisions of this section, with state consumer protection
statutes or with any licensing terms, conditions or restrictions imposed
by the Board of Licensing Commissioners shall be prima facie evidence
that the applicant is not suitable to conduct said business. Applicants
shall be required, at a minimum, to demonstrate that the following
criteria have been met:
(1) That the business is conducted at a location that satisfies all applicable requirements of Chapter
375, Zoning;
(2) That the principal use of the location is used automotive sales/motor
II and that all other uses are supportive of or accessory to used
automotive sales/motor II;
(3) That the area controlled by the business is of sufficient size to
allow:
(a)
Storage or display of the number of cars in and that can be
sufficiently located on the property as determined by the following:
the total size of property parcel divided in half, allowing for one
car space per 300 square feet of the remaining square footage. Any
fractional proportions are to be rounded down. Vehicles stored indoors
overnight are not restricted under this section. An appeal of the
number of allowed car spaces per license shall be made to the Board
of Licensing Commissioners in writing within 30 days of the license
issuance. The Board of Licensing Commissioners shall not be permitted,
upon appeal, under any circumstance to allow the minimum square footage
requirement per car space to be below 200 square feet per space.
(b)
Employee and customer parking of no fewer than three spaces,
provided that one additional employee/customer parking space shall
be required for each additional 20 spaces for storage or display.
(4) That the applicant is engaged principally in the business of used
car sales and/or motor II.
(5) That the property can accommodate the number of spaces outlined herein.
[Added 2-3-2020 by Order
No. 2020-014]
(a) The Board of License Commissioners must administratively approve
that the property can accommodate the number of spaces outlined herein.
The Board of License Commissioners may consider the following to reach
its determination: layout of site, topography, soil conditions, objects
and structures located on the property, access and egress, landscaping,
and any other condition that the Board of License Commissioners deems
relevant to maintaining public safety and safe passage to, from, and
through the location.
(b) Upon the administrative determination, by the Board of License Commissioners or its designee, that the property cannot accommodate the number of spaces allowed herein, or if the business/property is not in compliance with any provisions of Chapter
375, Zoning, the number of spaces may be reduced to an amount deemed reasonable based upon the criteria contained herein. Any licensee for whom the Board of License Commissioners or its designee has administratively reduced the allowable spaces shall be notified, in writing, of their right to appeal to the Board of License Commissioners for a hearing regarding the same. At said hearing the licensee may present evidence and testimony on their behalf before the Board of License Commissioners. At the conclusion of the appeal hearing the Board of License Commissioners shall have the authority to uphold the administrative determination, amend the administrative determination, or amend with conditions. At no time shall the number of spaces permitted be more than authorized by the calculations of square footage herein.
C. Business operation; minimum standards.
(1) Recordkeeping.
(a)
Each used car dealer shall keep records as required by MGL c.
140, § 62.
(b)
Said records shall be made available upon request to any police
officer, Board of Licensing Commissioners member, or duly appointed
agent of the Board of Licensing Commissioners authorized to enforce
ordinances relative to licensing.
(2) Maintenance of business premises.
(a)
Each used car dealership shall be maintained in a clean and
sanitary manner and shall comply with all applicable health, safety
and sanitation codes and standards promulgated by the City's building,
wire, plumbing, health and fire inspectors.
(b)
Each used car dealership and auto repair service shall comply with Chapter
375, Zoning, § 5.3, Signs.
(c)
All parts and materials incidental to the operation of said
used car dealership/motor II shall be stored in a designated area
and concealed from public view. Waste oil shall be stored in compliance
with 527 CMR 906. Disposal of residual parts and materials shall be
made in a timely manner and in accordance with applicable federal,
state and local regulations.
(d)
Agents and employees of the City authorized to enforce health,
safety and sanitation codes may at any time enter onto the premises
of a used car dealer to inspect for compliance with applicable health,
safety and sanitation codes, the provisions of this section, and any
license restrictions or conditions.
(3) Display of license. Each used car dealer/motor II shall display at
all times a current used car dealer's license on the premises at which
the business is conducted. Said license shall be displayed in the
business office, so as to be in clear view of patrons.
(4) Dealer plates required. Each used car dealer shall apply for and
obtain dealer plates from the Registry of Motor Vehicles within 30
days of obtaining an initial license. Copies of current dealer plate
registrations shall be filed with the City Clerk's office, upon receipt
of the original registration and/or registration renewals.
D. Failure to comply with provisions; penalties.
(1) Violation of any provision of this section or of the terms, conditions
or restrictions imposed on a specific licensee may be punished by
a fine imposed under the provisions of MGL c. 40, § 21D,
in accordance with the following schedule:
(b)
Second/subsequent offenses: $500 (each separate day an offense
exists shall be considered a subsequent offense).
(2) Violations of any provision of this section, applicable health, safety
and sanitation codes or the specific terms, conditions or restrictions
of a license may be cited by any person authorized by the Board of
Licensing Commissioners to enforce ordinances relative to licensing
or to enforce applicable provisions of health, safety and sanitation
codes.
(3) Failure to comply with the provisions of this section, with state
consumer protection statutes or with any license terms, conditions
or restrictions imposed by the Board of Licensing Commissioners may
result in suspension, modification or revocation of any license, after
three days' written notice and hearing by the Board of Licensing Commissioners.
E. Implementation of provisions.
(1) This section shall take effect on July 1, 2018, provided that any person licensed as a used car dealer on December 31, 2017, whose business does not meet the minimum standards for licensure, as set forth in Subsection
B above, may apply annually for renewal of said license.
(2) Said licensees shall be eligible for re-licensing provided that they
meet the following criteria:
(a)
That the business has remained in continuous operation since
December 31,2017.
(b)
That the applicant is the same person or entity licensed as
of December 31, 2017. For purposes of this section, a corporation
shall be considered the same entity only so long as a majority of
its officers, directors and/or shareholders remain the same.
(3) Persons applying for renewal of licenses under this section shall be subject to all the provisions of Subsections
C and
D above, and shall provide spaces for storage/display of cars and employee/customer parking in a quantity determined by the size of the lot.
(4) No applicant licensed under this section shall seek an increase in the number of cars licensed for display and/or storage as of July 31, 2018. Nothing in this section shall prohibit any dealer licensed under this section from applying for a license under Subsections
A and
B of this section.
The Board of Licensing Commissioners may grant up to four licenses
for video and pinball games in the City. No more than four shall be
issued to any one establishment.
[Added 3-15-2021 by Order No. 2020-125]
A. Purpose. The purpose of this section is to provide a process through
which certain dwelling units must be registered with the City of Quincy
for use as short-term rental units consistent with the regulatory
requirements prescribed within this section and to set up a complaint
process for violations of the provisions contained in this section.
B. Definitions. The following terms contained in this section shall
have the corresponding meanings:
HOME SHARE UNIT
A residential unit offered as a short-term rental that is
the operator's primary residence. Occupancy shall be limited
to three bedrooms and six guests in a home share unit at any given
time.
LIMITED SHARE UNIT
A residential unit that is the operator's primary residence,
a portion of which is offered as a short-term rental unit while the
operator is present. Total occupancy shall be limited to two bedrooms
or four guests in a limited share unit. One of the total number of
bedrooms must be reserved for the operator.
OPERATOR
A person who is the legal or equitable owner of the residential
unit that he or she seeks to offer as a short-term rental. Only one
owner may be registered as an operator on the short-term rental registry
for a residential unit, and it shall be unlawful for any unregistered
person to offer a residential unit for short-term residential rental.
OWNER-ADJACENT UNIT
A residential unit offered as a short-term rental which is
not the owner's primary residence but which is located within
the same dwelling as the primary residence of, and is owned by, said
owner; provided that owner-adjacent units used as short-term rentals
shall only be allowed in two-family or three-family dwellings where
all units are owned by the same owner-occupant who serves as the operator;
provided further that, for the purposes of owner-occupied three-family
residential dwellings, in addition to the unit in which they reside,
an operator of an owner-adjacent unit may only use one owner-adjacent
unit as a short-term rental.
PRIMARY RESIDENCE
The residential unit in which the operator resides for at
least nine months out of a twelve-month period. Primary residence
is demonstrated by showing that as of the date of registration of
the short-term residential unit on the short-term residential registry,
the operator has resided in the residential property for nine of the
prior 12 months, as demonstrated by at least two of the following:
utility bill, voter registration, motor vehicle registration, deed,
lease agreement, driver's license or state-issued identification
by the Commonwealth of Massachusetts.
RESIDENTIAL UNIT
A dwelling unit within a dwelling classified as a residential
use, as those terms are defined in the City's zoning code, but
excluding the following types of dwelling units: a congregate living
complex; senior citizen housing; a group residence; a homeless shelter;
and transitional housing.
SHORT-TERM RENTAL(S)
The use of a residential unit for residential occupancy by
a person or persons for a period fewer than 31 consecutive calendar
days for a fee. A short-term rental may or may not be arranged through
a booking agent.
C. Short-term residential rentals in the City of Quincy. No residential
unit shall be offered or rented as a short-term rental except in compliance
with the provisions of this section.
D. Ineligible residential units. The following residential dwellings
or units are not eligible to be offered or rented as short-term rentals:
(1) Residential dwellings or portions of dwellings located in a Residence
A district as defined in the City of Quincy's Zoning Regulations
as set forth in § 2.1.1 of the Municipal Code of the City
of Quincy.
(2) Residential units designated as below market rate or income-restricted,
that are subject to affordability covenants, or that are otherwise
subject to housing or rental assistance under federal, state or local
laws.
(3) Residential units subject to any requirement of federal, state or
local law that prohibits the leasing or subleasing of the unit or
use of the unit as a short-term rental.
(4) Residential units that are the subject of two or more findings of
violations of this section within a six-month period, or three or
more violations of any municipal ordinance or state law or code relating
to excessive noise, improper disposal of trash, disorderly conduct,
disturbing the peace, or other similar conduct within a twelve-month
period.
(5) A residential unit which is not the operator's primary residence
or a residential unit which is not located in a dwelling that includes
the operator's primary residence.
E. Residential units not subject to the provisions of this section.
(1) Currently licensed lodging houses. A residential unit that is located
in a dwelling holding a current and valid certificate of occupancy
as a lodging house and a lodging house license issued by the City
of Quincy shall not be subject to the provisions of this section.
F. Requirements for short-term rentals.
(1) Short-term residential rental registry.
(a)
There is hereby established a short-term residential rental
registry to be administered by the Department of Inspectional Services
(DIS). The DIS shall accept registrations of all operators of short-term
residential rental units within the City of Quincy. Prospective operators
shall be subject to a screening process administered by the DIS, which
shall obtain input from the City's Health Department and the
Quincy Police Department, to ensure compliance with the regulatory
requirements of this ordinance. In addition, all residential units
registered to be offered as short-term residential rentals pursuant
to this section shall be required to have fire safety inspections
conducted by the Quincy Fire Department, and an operator shall present
to the DIS satisfactory evidence that the registered has successfully
passed such fire safety inspection within 30 days of registration.
A unit that does not successfully pass such inspection is not eligible
to be offered as a short-term rental and the registration shall be
revoked by the DIS. A unit to be offered as a short-term rental must
also undergo an inspection by the City's Health Department and
must pass such inspection before being offered as a residential rental
unit.
(b)
Prior to offering any short-term residential rentals as defined
in this section, an operator shall register with the DIS. This shall
be an annual registration for each property offered for short-term
residential rental. Annual registration shall be valid for a one-year
term, commencing on January 1 through December 31 of each year, or
for such alternative twelve-month period as DIS Director (the "Director")
shall determine. This registration process shall require an operator
to provide such operator's complete name and the address of the
unit in the City to be offered for short-term rental; operator's
relationship to the unit; whether a unit is to be offered as a limited
share, home share, or owner-adjacent unit, and any other information
as required by the DIS. The operator shall also certify that he or
she and the residential unit comply with the requirements of this
section. An operator who successfully registers his or her residential
unit as a short-term rental shall be issued a registration number
by the DIS.
(c)
Penalties. Failure of an operator to register a property prior
to such property being offered for short-term residential rental shall
subject the violator to a civil fine in the amount of $100 per day
for each property rented in violation of this provision, such amount
to be assessed by the DIS. The Director may waive such penalty at
the discretion of the Director if said violation is a result of mistake
or excusable neglect. An operator who fails to pay such fine, without
receiving a waiver, shall be prohibited from offering such property
for rental until such fine is paid. Upon repeated violations of this
section, an operator shall be prohibited from registering and offering
a property or properties as short-term rentals. Such prohibition,
for good cause shown, may be appealed to the Director of DIS.
(d)
Change in operator status. If an operator offering a registered
residential unit ceases to be a primary resident of the unit, or a
primary resident of the dwelling in which the unit or units offered
as a short-term rental are contained, such operator shall immediately
notify the DIS to remove the unit from the Short-Term Rental Registry.
(e)
Re-registration upon unit turn-over. A registration shall be
tied to both the residential unit and the operator and will not automatically
transfer upon the sale of the unit. New operators are responsible
for ensuring that they re-register a unit with the DIS if they wish
to continue offering a unit as a short-term rental.
(f)
Councillor notification. Upon receiving an application from
a prospective operator of a short-term residential unit, the DIS shall
notify the local ward councillor of the application by electronic
mail.
(2) Other requirements. An operator may only offer for rental one whole
unit listing at a given time subject to the following provisions:
(a)
Registration pursuant to Subsection
F(1) of this section.
(b)
Short-term rental operators shall maintain liability insurance
appropriate to cover the short-term rental use.
(c)
A dwelling unit or bedroom offered for short-term rental shall
comply with building code requirements for occupancy and shall not
be subject to any outstanding health, zoning or fire code violations.
(d)
Operator-occupied home-share rentals. An operator-occupied short-term
rental during which the operator is away from the dwelling for more
than seven consecutive days may be rented only as a whole unit to
one party of short-term renters at any one time and may not be rented
as separate bedrooms to separate parties.
(e)
Short-term rental of an owner-adjacent unit. An owner-adjacent
short-term rental may be rented only as a whole unit to one party
of short-term renters and may not be rented as separate bedrooms to
separate parties.
(f)
Authority of owner of unit. An operator must confirm at the
time of registration that he or she has authority to offer his or
her residential unit as a short-term rental by certifying the following:
[1]
Operator is the owner of the residential unit offered as a short-term
rental; and
[2]
That offering the residential unit as a short-term rental complies,
where applicable, with condominium covenants, by-laws, or other governing
documents.
(g)
Local contact. At the time of registration of a unit as a short-term
rental, the operator must provide not only his or her own name and
contact information, including telephone number, but also the name
and such contact information of another individual who is able to
readily respond to any issues or emergencies that may arise in the
event that the operator is not present or available during a short-term
rental.
(h)
Retention of records. The operator shall retain and make available
to the DIS, upon request, records to demonstrate compliance with this
ordinance, including: records documenting the number of months the
operator has resided or will reside in a residential unit; records
showing ownership of residential unit offered as a short-term rental;
and records demonstrating the number of days per year that a residential
unit is offered as a short-term rental.
(i)
Notifications.
[1]
The operator shall provide the unit registration number issued
by the DIS on any listing offering the residential unit as a short-term
rental and shall post a sign on the inside of the residential unit
noting the location of any fire extinguishers, fire exits or fire
alarms in the unit and, if applicable, in the dwelling.
[2]
The operator shall, at least 30 days prior to of registration
of a unit provide written notice to abutters within 300 feet of a
residential unit that such unit has been registered as a short-term
rental.
(j)
Parking requirements. No short-term residential unit shall be
offered for rental unless such unit shall have adequate provision
for on-premises off-street parking. Adequate parking is defined as
at least one off-street parking space per residential unit, with such
parking space being additional to a parking space for the dwelling
owner. A prospective operator must certify such parking access at
the time of registration with the City's Residential Rental Registry.
G. Penalties.
(1) Offering an ineligible unit as a short-term rental. Any person who
offers a unit as a short-term rental, or any booking agent who accepts
a fee for booking a unit as a short-term rental, where such unit is
not eligible, shall be fined $200 per violation per day by the DIS.
Each day's failure to comply with a notice of violation shall
constitute a separate violation. The Director may also seek an injunction
from a court of competent jurisdiction to prohibit the offering of
the unit as short-term rental.
(2) Failure to comply with notice of violation. Any person who fails
to comply with any notice of violation of any other provision of this
section apart from offering an ineligible unit shall be fined $100
per violation per day. Each day's failure to comply shall constitute
a separate violation.
H. Enforcement.
(1) Enforcement by City. The provisions of this section may be enforced
in accordance with the noncriminal civil disposition process prescribed
in M.G.L. c. 40, § 21D or by seeking to restrain a violation
of this ordinance by court injunction.
I. Registration fees.
(1) Annual registration fee for limited share units shall be $50.
(2) Annual registration fee for home share units shall be $200.
(3) Annual registration fee for owner-adjacent units shall be $200.
J. Room occupancy excise. A residential unit subject to the provisions
of this section that is also subject to the room occupancy excise
pursuant to M.G.L. c. 64G or any other excise or surcharge pertaining
to short-term rentals pursuant to state law shall comply with the
provisions of those statutes and ordinances. Notwithstanding any provision
to the contrary, an operator may use a booking agent for the purpose
of collecting and remitting the applicable room occupancy excise to
the Commonwealth, and said booking agent shall enter into an agreement
with the City of Quincy for the collection and remittance of such
tax. If an operator does not use a booking agent to collect payment
for short-term rental, the operator shall be responsible for collecting
and remitting the applicable room occupancy excise to the Commonwealth.
Upon acceptance by the City of the provisions of M.G.L. c. 64G, § 3A,
the City may impose such room occupancy excise upon the transfer of
occupancy of a room in a short-term rental at a rate of not more than
6% of the total amount of rent for each such occupancy.
K. Local community impact fee. Upon acceptance by the City of the provisions
of M.G.L. c. 64G, § 3A, the City may also in the same manner
of acceptance and by separate votes under M.G.L. c. 64G, § 3D(a)
and (b) impose community impact fees of not more than 3% of the total
amount of rent for short-term rentals as provided in § 3D.
L. Complaint process; violations.
(1) Complaints. A complaint alleging that a residential unit is in violation
of a provision of this ordinance or of any applicable law, code or
regulation may be filed with the DIS. The complaint must contain the
residential unit's address, unit number (if applicable), date
and nature of violations alleged, and the name and contact information
of the complaining party.
(2) Review of complaint. Within 30 days after receipt of the complaint,
the Director or his designee shall investigate the complaint and shall
determine whether a violation may have occurred. If the alleged violation
is within the purview of another city agency, or federal or state
agency, the Director or his designee shall refer the complaint to
such agency for further action. Upon a finding of a violation, the
Director or his designee shall serve notice of such violation upon
the operator of the residential unit at issue. Service shall be made
by certified mail and first-class mail at the address listed in the
Short-Term Rental Registry or, if not listed in the Registry, at the
address of the unit at issue. The Director shall keep records of all
complaints received and determinations made.
(3) Right to hearing. An operator who has been served with notice of
a violation may request a hearing by filing a written request for
such a hearing with the DIS within 14 days of service of notice of
the violation. Service shall be considered to have been made as of
the date the certified mail is accepted and signed for or, if not
signed for, as of five days subsequent to the date indicated on the
notice served, whichever date is earlier in time. Upon receiving a
written request for a hearing, the DIS shall notify the complainant
of the place, date and time of said hearing. The hearing shall occur
no later than 21 days after the date DIS receives the request for
a hearing. The time period in which violations must be remedied shall
be stayed upon the DIS's receipt of the hearing request until
such time that the hearing is held and a decision issued.
(4) Decision. Within seven days after the conclusion of the hearing,
the Director or his designee shall sustain, modify, or withdraw the
notice of violation and shall inform the person upon whom the notice
of violation has been served, in writing, of its decision and the
reasons therefor. If the DIS sustains or modifies the notice of violation,
said violation shall be remedied within the time period allotted as
issued, or as ordered in the modification. If a written request for
hearing has not been filed within the required 14 days after notice
of violation has been served, or if, after hearing, the notice of
violation has been sustained in any part, each day's failure
to comply with the notice of violation within the time allotted as
issued or modified shall constitute a separate violation.
M. Severability. If any provision in this section shall be held to be
invalid by a court of competent jurisdiction, then such provision
shall be considered separately and apart from the remaining provisions,
which shall remain in full force and effect.
[Added 1-19-2021 by Order No. 2020-131]
A. Purpose. It is the purpose of this section to establish specific standards and procedures, consistent with the provisions of General Laws Chapter
266, § 120D, relative to vehicle towing companies and so-called "trespass tows," whereby a motor vehicle is to be towed from a private parking lot or other privately-owned property or way upon the request of a property owner or other person in lawful control of property.
(1) Definitions:
TRESPASS TOWS
A circumstance whereby a motor vehicle is to be towed from
private property by a towing service at the request of a private property
owner.
(a)
When not inconsistent with the context, words in the singular
form shall include the plural form. The word "shall" is always mandatory
and not merely directory.
(2) Authority: The provisions of this section are intended to be consistent with and not in conflict with the provisions of General Laws Chapter
266, § 120D governing the removal of motor vehicles from private ways or property.
B. Standards and procedures. Before a vehicle is to be towed as a trespass
tow with the cost to be borne by the vehicle owner or operator, the
following conditions shall be met in their entirety:
(1) Notice to owner/operator: The person or entity who has lawful control
of such private property shall provide fair notice, either by direct
communication or by posting said notice, that parking on such private
property constitutes a trespass and that violators are subject to
trespass towing of a vehicle in violation of the notice. Posted notice
must be prominently displayed at each entrance to the property in
such a manner that a reasonable person should know that parking at
the location without consent of the property owner will result in
a trespass tow the vehicle owner/operator's expense. This notice
requirement shall not apply to private residential property.
(2) Police notification: No vehicle shall be removed from any private
property or way without the consent of the vehicle's owner or
operator unless and until notification has been made to the Quincy
Police Department that such vehicle is to be removed. Notification
shall be made to a Police Department dispatcher in person or by telephone.
Upon receipt of the trespass tow notification, an entry into the Quincy
Police CAD shall be made.
(a)
Police notification standards. Notification to the Police Department
shall include the following:
[1]
Name and address of the person or entity in lawful control of
the private property who/which is directing that a vehicle be removed;
[2]
Address from which vehicle is to be towed;
[3]
Name and address of towing service and name or employee number
of tow truck operator;
[4]
Address and telephone number of storage facility where vehicle
is to be stored;
[5]
Vehicle description, including registration tag and state, VIN#,
make model and color;
[6]
The means by which the vehicle operator had notice that parking
was prohibited on private property (i.e. verbally or by prominently
posted signage);
[7]
Whether entry into vehicle's interior was required and
reason for that intrusion;
[8]
All "trespass tow" private property locations shall be on file
with the Quincy Police Department prior to any towing operations.
(b)
Penalties. Any person who violates the standards and procedures as set forth above by unlawfully removing a vehicle or who otherwise violates said standards and procedures, shall immediately release and return said vehicle to the owner or lawful operator at no expense to said owner or lawful operator, and shall be subject to a fine of not more than $100 for each offense, consistent with the provisions of General Laws Chapter
266, § 120D. The employer, if any, of such person who unlawfully removes a vehicle shall additionally be subject to a fine of not more than $100 for each offense.
(c)
Towing, transportation and storage fees. The registered owner of a towed vehicle which has been lawfully towed and stored consistent with the provisions of General Laws Chapter
266, § 120D and the provisions of this section, shall be liable for towing, transportation and storage charges. The person or entity holding such vehicle may hold the vehicle until the registered owner or lawful operator of such vehicle pays such charges. The maximum amount that may be charged for towing, transportation and storage of trespass tows is established by the Commonwealth of Massachusetts, Department of Public Utilities (DPU) and is delineated in General Laws Chapter 159B, § 6B. No other charges or fees may be applied.
(d)
Incomplete tows. If the owner or lawful operator of such vehicle
appears at the trespass tow location to remove such vehicle before
the towing is completed, the tow service may charge the owner or lawful
operator up to 1/2 the usual charge for such towing consistent with
DPU rules and regulations. In order for any charge to apply, the vehicle
must be hooked up to the tow truck or flatbed. A tow truck or flatbed
merely appearing at the location prior to the arrival of the vehicle's
owner or lawful operator shall not be considered a partial or incomplete
tow, and no charges shall apply.
(e)
Storage location. Consistent with the provisions of General
Laws Chapter 159B, § 6B, mandating that removed vehicles
be stored at a convenient location, vehicles towed as trespass tows
shall not be towed or stored outside of the City of Quincy and shall
be stored at a location that at a secure location which has safeguards
against theft of and from the towed vehicle. The Chief of Police of
the Quincy Police Department may, at the Chief's discretion and
by written consent, permit storage of trespass tow vehicles outside
of the city on a case-by-case basis.
(f)
Vehicle retrieval. Vehicle owners shall have the right to retrieve
trespass tow vehicles on a twenty-four-hour, seven-day per week basis.
In no case, shall a trespass tow operator or entity cause a delay
in the return of such vehicle in excess of 30 minutes provided all
applicable towing, transportation and storage fees have been paid.
[1]
Compliance and penalties. Any person or entity who purports
to authorize the removal from a private property or way in contravention
of the provisions of General Laws Chapter 159B, § 6B is
subject to a fine of not more than $100 per offense. Any person who
removes a vehicle under a trespass tow from a private property or
way, or holds such vehicle after its removal, and who has not complied
in full with the provisions of this section, shall release such vehicle
to its owner or lawful operator without assessing any charges for
its removal or storage.
(g)
Miscellaneous:
[1]
No entry shall be made by any tow operator into any vehicle
towed as a trespass tow unless such entry is reasonably necessary
for the safe towing of such vehicle.
[2]
Tow service operators and entities shall exercise reasonable
care to ensure that vehicles towed as trespass tows are not damaged
or stolen and to ensure against theft from vehicles while such vehicles
are in the custody of such operators and entities.
[3]
No vehicle shall be towed or placed upon a flatbed vehicle with
a person or domestic animal within such vehicle. In instances where
a domestic animal is present in such a vehicle, the Animal Control
Unit of the Police Department or the Police Department shall be notified
of the presence of the domestic animal by the tow service operator
or entity before commencing a tow.
[4]
Vehicles owners or lawful operators who are unable to immediately
pay the towing and storage fees applicable to a trespass tow shall
be afforded by the tow service operator or entity a reasonable single
opportunity to retrieve from the vehicle personal property while such
vehicle is in the custody of the tow service. Vehicle owners or lawful
operators shall not be entitled to remove any parts or items that
are mounted to the vehicle.
(h)
Miscellaneous procedures:
[1]
Record-keeping. The Quincy Police Department dispatcher who
receives notification of a trespass tow under the provisions of this
section shall enter a record of such tow with all information required
under this section.
[2]
Tow suspension. At the discretion of the Chief of Police of
the city, all trespass towing may be suspended for a period not to
exceed 24 hours in the best interest of the orderly operation of the
Police Department and the City.
[3]
Complaints. Vehicle owners or lawful operators who have reason
to believe that their vehicle has been towed, transported or stored
in violation of state statute, the Code of Massachusetts Regulations,
or of this section may submit a written complaint to the Quincy Police
Department, or to the Commonwealth of Massachusetts, Department of
Public Utilities, with relevant documentation, as follows:
Department of Public Utilities
One South Station
Boston, MA 02110
ATTN: Mr. John Keenan
C. Severability. If any provision within this section shall be held
to be invalid by a court of competent jurisdiction, then such provision
shall be considered separately and apart from the remaining provisions,
which shall remain in full force and effect.
[Added 1-19-2021 by Order No. 2020-132]
A. Purpose and authorization. In order to protect the health, safety
and welfare of the inhabitants of the City, as authorized by M.G.L.
c. 6, section 172B 1/2, as enacted by Chapter 256 of the Acts of 2010,
this section shall require that applicants for City-issued licenses
to engage in certain specified occupational and business activities,
as enumerated in this section below, shall submit to fingerprinting
administered by the Quincy Police Department. This section shall further
authorize the Quincy Police Department to conduct criminal history
checks based on such fingerprinting pursuant to section 172B 1/2 of
Chapter 6 of the General Laws, as referenced above, and 28 U.S.C.,
§ 534. This section shall further authorize the City to
consider the results of such criminal history checks in determining
whether or not to grant a license.
B. Licenses subject to fingerprinting and criminal record check authorization. The requirements and authorizations contained in Subsection
A shall apply to applications for licenses for the following occupations and business activities:
(1) Operator of a hackney carriage, as defined in Article
I of Chapter
330, §
330-1;
(2) Hawkers and peddlers, as defined in Article
II of Chapter
234, §
234-17;
(3) Solicitors and canvassers, as defined in Article
I of Chapter
234, §
234-1.
C. Procedural requirements for use of fingerprinting. Fingerprints obtained
under the provisions of this section shall be submitted to the Identification
Unit of the Massachusetts State Police, the Massachusetts Department
of Criminal Justice Information Services (DCJIS), or its successor,
for purposes of a state criminal records check. Fingerprints obtained
under the provisions of this section shall further be submitted to
the Federal Bureau of Investigation (F.B.I.) for purposes of a national
criminal records check. The City authorizes the City licensing authority
and the Quincy Police Department, consistent with applicable state
and federal law, to receive and utilize the aforementioned state and
F.B.I records in connection with background checks related to the
licensing process.
D. Applicant's submission to fingerprinting by Quincy Police Department. All applicants for City-issued licenses to engage in occupational or business activities enumerated in Subsection
B shall submit, within 10 days of application, a full set of fingerprints to be taken by the Quincy Police Department for the purpose of conducting a state and national criminal history record check to determine the suitability of applicants for the license sought. At the time of fingerprinting, the Quincy Police Department shall inform applicant that the fingerprints taken will be used in the process of checking the applicant's state and F.B.I. criminal history records.
E. Police Department processing and authorization of state and federal
agencies. Upon receipt of the fingerprints and payment of the applicable
fee, the Police Department shall transmit the fingerprints obtained
pursuant to this chapter to the Identification Unit of the Massachusetts
State Police, DCJIS, and the FBI as may be necessary for the purpose
of conducting the fingerprint-based state and national criminal history
records checks of license applicants specified in this section. The
City authorizes the Massachusetts State Police, the DCJIS, or its
successor, and the Federal Bureau of Investigation (FBI), to conduct
fingerprint-based state and national criminal record background checks,
including FBI records, consistent with this section. The City authorizes
the Quincy Police Department to receive and utilize state and FBI
records in connection with such background checks, consistent with
this section. Upon receiving the applicable state and national criminal
histories pertaining to an applicant, the Quincy Police Department
shall not disseminate such information to any entity not authorized
to receive such information.
F. Notification to applicant. The Quincy Police Department shall provide
the applicant with a copy of the results of the applicant's fingerprint-based
criminal history record check upon receipt of such information. The
Department shall further provide the applicant an opportunity to complete
or challenge the accuracy of information contained in the criminal
histories obtained from state or federal agencies. The Department
shall further supply the applicant with relevant information regarding
procedures for obtaining a change, correction or an updating of a
criminal record history. Such information supplied shall include a
copy of 28 CFR Part 16.34 pertaining to F.B.I. identification records.
The Department shall not communicate the results of the fingerprint-based
criminal history record check to the applicable city licensing authority
pursuant to the following section until it has first complied with
the provisions contained within this subsection and otherwise complied
with the requirements of this chapter of the Municipal Code.
G. Communication to licensing authority. The Police Department shall
communicate the results of fingerprint-based criminal history record
checks to the applicable city licensing authority. The Police Department
shall indicate whether the applicant has been convicted of, or is
awaiting final adjudication for, a crime that bears upon an applicant's
suitability, or of any felony or misdemeanor that involved force or
threat of force, controlled substances or a sex-related offense. The
Police Chief shall periodically check with the Executive Office of
Public Safety and Security (EOPSS), which has issued an Informational
Bulletin detailing the requirements for municipal ordinances and the
procedures for obtaining criminal history information to ascertain
whether or not additional or revised measures are required for compliance.
H. Reliance on results. Licensing authorities of the City shall utilize the results of fingerprint-based criminal history record checks for the sole purpose of determining the suitability of applicants for the proposed occupational or business activities, as enumerated in Subsection
B, for which licensing is being sought. A City licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and City policies bearing on an applicant's suitability in making this determination. The licensing authority shall not deny a license based on information contained in a criminal record history unless the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.
I. Compliance with law, regulation and City policy. Implementation of
this section and the conducting of fingerprint-based criminal record
background checks by the City shall be in accordance with all applicable
laws, regulations and City policies, including, but not limited to,
the City's policy applicable to licensing-related criminal record
background checks, which shall include record retention and confidentiality
requirements. The City shall not disseminate the results of fingerprint-based
criminal background checks except as may be provided by law, regulation
and City policy. The City shall not disseminate criminal record information
received from the FBI to unauthorized persons or entities.
J. Fees. The fee charged by the Police Department for conducting fingerprint-based
criminal record background checks shall be $100 per person fingerprinted.
A portion of the fee, as specified in M.G.L. c. 6, § 172B
1/2, shall be deposited into the Firearms Fingerprint Agency Account,
and the remainder of the fee may be retained by the City for costs
associated with the administration of the fingerprinting system.
K. Severability. The provisions of this section are severable. If a
court determines that a word, phrase, clause, sentence, paragraph,
subsection, section or other provision is invalid, or that the application
of any part of a provision to any person or circumstance is invalid,
the remaining provisions and the application of those provisions to
other persons or circumstances shall not be effected by that decision.