There shall be a Licensing Board in the City, appointed by the
Mayor and consisting of three United States citizens.
The members of the Licensing Board shall have been residents
of the City for at least two years immediately preceding the date
of their appointment. They shall not hold any other public office
except that of notary public or Justice of the Peace.
The members of the Licensing Board shall not be engaged, directly
or indirectly, in the manufacture or sale of alcoholic beverages.
The Mayor shall designate one member of the Licensing Board
as Chairperson, who shall also act as Secretary.
Two members of the Licensing Board shall be a quorum for the
transaction of business.
If a member of the Licensing Board ceases to be a resident of
the City, or becomes unable to perform his official duties, or engages,
directly or indirectly, in the manufacture or sale of alcoholic beverages,
there shall be a vacancy in the board.
The Licensing Board shall have and exercise all the powers and
perform all the duties conferred and imposed by the statutes of the
commonwealth relative to the granting and signing of licenses for
the sale of alcoholic liquors, innholders and common victuallers,
and such other licenses as provided by law.
No license granted by the Licensing Board shall be valid unless
signed by a majority of the members of the board, and all licenses
so granted and signed shall be recorded in the office of the board.
[Amended 6-18-1996 by Ord. No. 1996-19; 7-15-2008 by Ord. No.
2008-40]
The Licensing Board employees shall be within the Department
of Community Services, and the Planning Director shall exercise administrative
control, supervision and direction of the employees of the Licensing
Board.
The City shall provide the Licensing Board with suitable rooms,
properly furnished, heated and lighted, for the transaction of its
business.
The City shall pay such salaries to the members of the Licensing
Board as the City Council, subject to the approval of the Mayor, may
establish.
The Licensing Board may employ such clerical assistance, subject
to the provisions of MGL c. 31, as it deems necessary for the conduct
of its business, and may incur expense therefor and for other necessary
purposes for carrying on its business, in the same manner as any other
department of the City.
No member or employee of the Licensing Board shall engage in
or be interested in any business for which the board is authorized
to grant licenses.
The Licensing Board shall annually, in the month of January,
make a complete report of its doings to the Mayor and City Council
in regard to innkeepers' licenses, alcoholic beverage licenses and
common victuallers' licenses.
[Added 3-15-2018 by Ord.
No. 2018-7]
A.
Any application
to the licensing board for any license issued pursuant to MGL Chapter
138 or MGL Chapter 140 may be denied if, during the three-year period
prior to the date of the application, the applicant has been subject
to a federal or state criminal or civil judgment, order or final administrative
determination resulting from a violation of MGL Chapter 149, MGL Chapter
151, the Fair Labor Standards Act or any other state or federal laws
regulating the payment of wages. Each applicant for a license shall
certify that he has not been found guilty, liable or responsible,
in the past three years, in any judicial or administrative proceeding,
for any violation of any of the laws set forth above.
B.
Any license
or permit issued by the licensing board under MGL Chapter 138 or MGL
Chapter 140 may be modified, suspended or revoked if, during the term
of the license or permit, the licensee or permittee has been subject
to a federal or state criminal or civil judgment, order or final administrative
determination resulting from a violation of MGL Chapter 149, MGL Chapter
151, the Fair Labor Standards Act or any other state or federal laws
regulating the payment of wages.
