[Amended 2-25-1997 by Ord. No. 1997-6]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Any business of a person who repairs, modifies, remodels, paints or alters any automobile body or other motor vehicle body or part thereof. Notwithstanding the provisions of the preceding sentence, no license will be required for auto detailing, including but not limited to auto waxing, shampooing or upholstery repair. Further, no license will be required for the installation or modification of motor vehicle glass, telecommunications equipment or other peripheral devices, including but not limited to radios and stereo equipment, and the installation of automobile alarm systems.
Any person who, for compensation, or with the intention or expectation of receiving compensation, repairs or undertakes to repair in the City a damaged motor vehicle as defined in MGL c. 90, § 34A.
The City Police Department shall be charged with enforcing the provisions of this article.
No person shall engage in the business of operating an auto repair shop or auto body shop without obtaining a license therefor from the City Council and complying with the terms of this article.
[Amended 9-27-1994 by Ord. No. 1994-20; 12-13-1994 by Ord. No. 1994-34; 8-18-1998 by Ord. No. 1998-19; 3-4-2002 by Ord. No. 2002-9; 11-13-2007 by Ord. No. 2007-24; 10-11-2016 by Ord. No. 2016-33]
Applications for licenses under the provisions of this article shall be made to the City Clerk on forms provided by the City Clerk. All applications shall be stamped with the date of application. Following zoning approval by the Building Inspector, and the number of abutting property owners verified by the Assessor, the applicant shall transmit the application to the City Clerk. The City Clerk shall forward the application to the Fire Department for inspection of the proposed license site. The Fire Department shall, within 14 days of receipt of the application, excluding holidays and weekends, conduct an investigation and inspection of the site, and shall report on the application the compliance of said site with all public safety regulations. Following inspection, the Fire Department shall list on the application the date and findings of said inspection, and transmit the application back to the City Clerk's office for submission to the City Council. Each application shall be accompanied by a fee as provided in Chapter A110, Fee Schedule, of the City Code, which shall be retained by the City.
[Amended 11-13-2007 by Ord. No. 2007-24]
Based upon its findings on the date of inspection, the Fire Department may, at its discretion, grant the applicant for an initial license an additional 60 days to bring the site into compliance and allow the application to be processed by the City Clerk for submission to the City Council in accordance with the provisions of § 14-465. This shall not apply to an application for renewal of an existing license. If compliance is not indicated by the Fire Department within 60 days of the original inspection, the application will be rendered null and void. It shall be the responsibility of the applicant to contact the Fire Department for reinspection of the property.
[Amended 3-4-2002 by Ord. No. 2002-9; 11-13-2007 by Ord. No. 2007-24]
A.
Upon application for an auto repair shop license or an auto body shop license, the City Clerk shall cause notice of such application, together with the location of the business, to be advertised at least seven days prior to the hearing in one or more daily newspapers, stating that a public hearing will be given by the City Council or a committee thereof at the time and place stated in such notice. Notice shall also be given by registered mail not less than seven days prior to the hearing to all owners of real estate abutting the land for which the application is made, or directly opposite such land on any public or private street, furnished by the Assessors, as they appear on the most recent City tax list at the time the application for such license is filed. The cost of the notices shall be defrayed by the applicant at the time of application.
After application for a license required by the provisions of this article and notice, the City Council or a committee thereof shall hold a public hearing at the time and place stated in the notices. At the public hearing, the City Council or a committee thereof will hear fully the applicant and any person interested and wishing to be heard.
A.
In determining whether to grant a license under this article, the City Council shall consider the effect the auto repair shop or auto body shop will have on the neighborhood and the City.
B.
The City Council may place such restrictions on the license as it deems necessary as a condition of granting or renewing the license.
Any license granted under the provisions of this article shall be posted in a conspicuous place on the premises of the licensed property.
Each license issued under the provisions of this article shall allow the holder thereof to operate only at the property address for which the license is granted.
[Amended 12-13-1994 by Ord. No. 1994-34; 8-18-1998 by Ord. No. 1998-19; 3-4-2002 by Ord. No. 2002-9; 11-13-2007 by Ord. No. 2007-24]
A.
Upon the transfer of the licensed property, or the transfer of the business from the licensed holder to any person, the license holder under this article shall file an application for a transfer at the City Clerk's office on forms provided by the City Clerk. Upon receipt of the application, and payment of appropriate fees, as provided in Chapter A110, Fee Schedule, of the City Code, which shall be retained by the City, the City Clerk shall forward the application to the Fire Department for inspection of the proposed license site. A letter authorizing the transfer from the current license holder shall also accompany the application. The Fire Department shall, within 14 days of receipt of the application, conduct an investigation and inspection of the site, and shall report on the application the compliance of said site with all public safety regulations. Following inspection, the Fire Department shall list on the application the date and findings of said inspection, and transmit the application back to the City Clerk's office for submission to the City Council.
B.
The provisions of Subsection A of § 14-465 shall not apply to a transfer application; however, the City Clerk shall submit the application to the Police Department for approval. No application for transfer shall be accepted unless the current license holder has complied with the provisions of § 14-471.
[Amended 11-13-2007 by Ord. No. 2007-24; 11-23-2010 by Ord. No. 2010-35]
A.
A license issued under the provisions of this article shall be subject to renewal every two years. Approximately 120 days prior to the expiration date, the City Clerk shall forward a notice to the license holder that an application for renewal must be made at the City Clerk's office. The City Clerk shall also provide the license holder with information regarding any additional paperwork that must be filed at the time of renewal. Upon receipt of the application, and payment of appropriate fees, as provided in Chapter A110, Fee Schedule, of the City Code, which shall be retained by the City, the City Clerk shall forward the application to the Fire Department for inspection of the proposed license site.
B.
The Fire Department shall, within 14 days of receipt of the application, conduct an investigation and inspection of the site, and shall report on the application the compliance of said site with all public safety regulations. Following inspection, the Fire Department shall list on the application the date and findings of said inspection, and transmit the application back to the City Clerk's office for submission to the City Council. Failure of inspection shall require application for a new license and compliance with the provisions of §§ 14-464, 14-465 and 14-466. Renewal applications shall only be made in the current license holder's name(s).
C.
The provisions outlined in § 14-465 shall not be applicable to the renewal of an auto body/repair license; however, the City Clerk will request the Police Department to approve the application. To allow the City Council to act on the renewal, the applicant must begin the renewal process 60 days prior to the expiration of the license. Failure to do so will require application for a new license and compliance with the provisions of §§ 14-464, 14-465 and 14-466.
[Amended 3-9-1993 by Ord. No. 1993-4]
A.
The City Council shall revoke a license issued under this article at its pleasure for good cause shown, after giving the license holder notice and an opportunity to be heard.
B.
Failure of the licensee to continuously operate the business at the licensed location shall be deemed sufficient cause for revocation.
The Chief of the Fire Department may require such safety devices as he deems necessary to protect the public against fire and/or hazards likely to cause fires.
