(C0343-18)
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:
(a) 
“Abutters” means property owners and residents of property located within a specified distance of a parcel of land.
(b) 
“Certificate of Good Standing” means a form used to record the current local tax status of a property on which a license or permit issued under the authority of the City Council is proposed to be/is currently being exercised.
(c) 
“Certified Plot Plan” means a formal diagram, prepared by a certified engineer, of a parcel of land where a license or permit issued under the authority of the City Council is proposed to be/is currently being exercised.
(d) 
“City” means the city of Everett.
(e) 
“City clerk” means the city clerk of the City of Everett or his designee.
(f) 
“CORI Request Form” means a Criminal Offender Record Information Request Form on which an applicant for a license or a permit provides the required information to perform a criminal record check for convictions and pending criminal case information only.
(g) 
“Fire Approval” means a form used to record the results of a current fire safety code inspection performed by the city’s fire prevention bureau of every building or structure located at a property address on which a license or permit issued under the authority of the city council requiring such inspection is proposed to be/is currently being exercised.
(h) 
“Health Approval” means a form used to record the results of a current sanitary code inspection performed by a city health inspector of every building or structure located at a property address on which a license or permit issued under the authority of the city council requiring such inspection is proposed to be/is currently being exercised.
(i) 
“ISD Approval” means a form used to record:
(1) 
The zoning district of the property address on which a license or permit issued under the authority of the city council is proposed to be/is currently being exercised and whether, under the city’s Zoning Ordinance, the proposed/current use:
a. 
Is permitted as of right;
b. 
Requires a special permit; or
c. 
Is prohibited; and
(2) 
The results of a current building inspection performed by a city inspectional services inspector of every building or structure located at a property address on which a license or permit issued under the authority of the city council requiring such inspection is proposed to be/is currently being exercised.
(j) 
“Junk” means discarded articles that are considered useless or of little value: old metals (excluding precious metals), rags, paper or bottles and cans.
(k) 
“Letters of Recommendation” means three (3) letters describing the applicant’s qualities and abilities to hold a license or a permit, written by someone other than the applicant’s relatives, partners, employees or a person with whom the applicant has a fiduciary relationship.
(l) 
“Minor” means any person who has not reached the age of eighteen (18).
(m) 
“Motor vehicle” means an automobile, truck, motorcycle or self-propelled vehicle designed primarily to transport persons or property over public streets and highways. This definition shall include motorized off-road vehicles but shall not include trailers.
(n) 
“Party” means any individual, firm, partnership, LLP, LLC, cooperative, nonprofit, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate, holding company, or other group or combination acting as a unit, in the singular or plural, or the agent or employee having charge or control of a business in the absence of the principal(s).
(o) 
“Police Chief” means the police chief of the City of Everett or his designee.
(p) 
“Precious metals” means gold, silver, platinum, etc.
(q) 
“Property owner” means the party registered, in the records of the City’s Board of Assessors, as the owner of a parcel of land located in the City.
(r) 
“Revenue Enforcement and Protection (REAP) Attestation” means a form from the Massachusetts Department of Revenue on which an applicant for a license or a permit declares they have filed all state tax returns and paid all state taxes required by law.
(s) 
“Vehicle for hire service” means either a livery service or a taxicab service.
(t) 
“Workers’ Comp Affidavit” means a form from the Massachusetts Department of Industrial Accidents on which an applicant for a license or a permit provides information about their workers’ compensation insurance.
(C0255-18; amended C0343-18; C0222-18; C0016-19; C0103-19; 12-27-2021 by Ord. No. C0349-21)
(a) 
The following table lists all the licenses and permits that are issued by the city under the authority of the city council. The table entry for each license and permit contains, if applicable, its associated application fee, annual/renewal fee, any other fees associated with the license or permit, its expiration date, if any, and an indication as to whether or not the city council normally needs to approve a renewal of such license or permit.
License/Permit
Application Fee
Annual/Renewal Fee
Expiration Date
City Council Renewal Approval
Automated Amusement Devices
$100.00
$50.00/unit
April 30th
No
Antique Dealer
$50.00
$100.00
May 1st
Yes
Auctions
$25.00/day
 
 
 
Day License
 
$500.00/year
Last date approved
N/A
Annual License
 
 
One year from date of issuance
No
Billiards/Bowling Alley/Pool Table
$200.00
 
April 30th
No
First Table/Alley
 
$100.00
 
 
Subsequent Tables/Alleys
 
$50.00
 
 
Christmas Tree Sales
$250.00
N/A
December 25th
N/A
Commercial Passenger Vessel
$500.00
$500.00 first vessel; $250.00 per each additional vessel
May 31st
No
Dry Bulk Storage
$250.00
$50.00 fee up to 100 cubic yards of dry bulk storage $100.00 for 101 cubic yards or more of dry bulk storage
April 30th
No
Flammable Products Storage
$300.00
See Section 8-2
N/A
N/A
Flowering Plant Sales
$50.00/day
N/A
Last date approved
N/A
Fortune Teller (Practitioner)
$50.00
$75.00
December 31st
Yes
Garage
$25.00
 
April 30th
No
4 – 10 Vehicles
 
$10.00
 
 
11 – 15 Vehicles
 
$25.00
 
 
16 – 25 Vehicles
 
$50.00
 
 
26 – 50 Vehicles
 
$75.00
 
 
51+ Vehicles
 
$125.00
 
 
Grate
$25.00
N/A
N/A
N/A
Home Occupation
N/A
$35.00
One year from date of issuance
No
Innholder Fee Per Room
$500.00
 
December 31st
Yes
1 – 499
 
$60.00/room
 
 
500 or More
 
$80.00/room
 
 
Junk Collector
$150.00
$150.00
May 1st
Yes
Junk Dealer
$300.00
$300.00
May 1st
Yes
Livery Service
$200.00
 
June 1st
No
1 – 2 Vehicles
 
$120.00
 
 
Each Vehicle Thereafter
 
$50.00
 
 
Livery Vehicle
N/A
See Livery Service
June 1st
No
Inspection of Repaired Vehicles
$50.00
 
 
 
Replacement of Vehicles
$50.00
 
 
 
Lodging House
$300.00
 
December 31st
Yes
1 – 8 Rooms
 
$30.00
 
 
Each Room Thereafter
 
$30.00
 
 
Motor Vehicle Dealer – 1st Class
$600.00
$600.00
January 1st
Yes
Motor Vehicle Dealer – 2nd Class
$400.00
$400.00
January 1st
Yes
Motor Vehicle Dealer – 3rd Class
$400.00
$400.00
January 1st
Yes
Motor Vehicle Body Repair Shop
$300.00
$400.00
April 30th
No
Motor Vehicle Body/Mechanical Repair Shop
$400.00
$700.00
April 30th
No
Motor Vehicle Mechanical Repair Shop
$300.00
$400.00
April 30th
No
Open Air Parking
$200.00
$200.00
April 30th
No
Operate During Restricted Business Hours
 
 
 
 
1 – 7 Days
$50.00
$50.00
Day of seventh use
Yes
Year
$150.00
$150.00
One year from date of issuance
Yes
Paid Parking Garage
$500.00
$50.00 per space Maximum fee $75,000
April 30th
No
Pawnbroker
$300.00
$300.00
April 30th
Yes
Precious Metals
$50.00
$100.00
May 1st
Yes
Project on or over the Public Way
 
 
 
 
Awning
$50.00
N/A
N/A
N/A
Sign
$50.00
N/A
N/A
N/A
Other
$50.00
N/A
N/A
N/A
Recycling Redemption Center
$25.00
$50.00
December 31st
Yes
Secondhand Dealer
$50.00
$75.00
May 1st
Yes
Self-Service Gas Station
N/A
N/A
N/A
N/A
Taxicab Service
$500.00
 
June 1st
No
1 Vehicle
 
$500.00
 
 
Each Vehicle Thereafter
 
$250.00
 
 
Taxicab Vehicle
N/A
See Taxicab Service
June 1st
No
Inspection of Repaired Vehicles
$50.00
 
 
 
Replacement of Vehicles
$100.00
 
 
 
Tire Repair
$150.00
$75.00
April 30th
No
Utility Permit
$250.00
N/A
N/A
N/A
Vehicle for Hire Operator (Taxi and Livery)
N/A
$25.00
June 1st
No
Replacement of Permit
$10.00
 
 
 
Replacement of Picture ID
$10.00
 
 
 
(b) 
Applications for all new or modified licenses and permits issued under the authority of the city council shall be submitted for approval to the city council with the exception of the following, which may be approved by the city clerk as the agent for the city council:
(1) 
Home Occupation permits;
(2) 
Livery Service licenses for small, home occupation based livery services that meet the criteria to be classified as such in Article IX of this Chapter;
(3) 
Livery Vehicle permits;
(4) 
Taxi Vehicle permits; and
(5) 
Vehicle for Hire Operator permits.
If the city clerk receives an application for any of the above licenses and permits that, in his opinion, is not routine, he shall submit such application to the city council for their consideration.
(c) 
Application fees for licenses and permits issued under authority of the city council are not refundable if the petitions for such licenses or permits are denied.
(d) 
Annual fees for licenses and permits issued under authority of the city council shall not be prorated for the number of months of available use.
(e) 
No portion of the annual fees for licenses and permits issued under authority of the city council shall be refunded if such licenses and/or permits are suspended, revoked or surrendered.
(f) 
Unless otherwise specified in this chapter, the fee for a request initiated by the license or permit holder to modify a license or a permit issued under the authority of the city council shall be one-half (1/2) of the license’s or permit’s application fee.
(g) 
Unless otherwise specified in this chapter, the fee for a replacement copy of a license or permit issued under the authority of the city council requested by the license or permit holder shall be twenty-five dollars ($25.00).
(h) 
As documented in the table in subsection (a) of this section, certain licenses and permits issued under the authority of the city council may be renewed by the city clerk, as the agent for the city council, without city council approval.
(1) 
If the city clerk receives a renewal application for a license or permit granted under the authority of the city council that normally does not require city council approval for renewal which, in his opinion, is not routine, he shall submit such application to the city council for their consideration in accordance with Section 12-303(i) of these Revised Ordinances.
(2) 
The city council reserves the right to require city council approval for the renewal of any license or permit issued under its authority.
a. 
Such approval may be requested by any member of the city council when, in their opinion, the conduct of the license or permit holder or the operation of their licensed or permitted business is determined to warrant such review.
b. 
In order to effect such review, the requesting member(s) shall place an order on the city council agenda for a meeting scheduled at least one (1) month prior to the renewal date of the license or permit in question.
c. 
The city council shall authorize such review by an affirmative vote of a majority of the entire membership of the city council.
(i) 
A new license or permit issued under the authority of the city council shall be effective as of date it is issued by the city clerk; such license or permit shall remain in effect until the next occurrence of the expiration date for such license or permit as documented in the table in subsection (a) of this section, unless sooner suspended, revoked or surrendered.
(j) 
A renewed license or permit issued under the authority of the city council shall be effective on the day after the license or permit holder’s previous license or permit expired; such license or permit shall remain in effect until the next occurrence of the expiration date for such license or permit as documented in the table in subsection (a) of this section, unless sooner suspended, revoked or surrendered.
(C0343-18)
(a) 
If an applicant for a license or permit operates or intends to operate their business under any name other than the name of an individual or a corporate name registered with the state, such applicant shall be required to obtain a business certificate from the city clerk before they can apply for a license or a permit issued under the authority of the city council.
(b) 
Every applicant for a license or permit issued under the authority of the city council shall demonstrate that the best interests of the city shall be served by the issuance of such license or permit to said applicant. Such demonstration, at a minimum, shall involve consideration of the following items:
(1) 
When applicable, the applicant shall disclose all ownership interests in the business requiring a license or permit in order to allow the city to:
a. 
Determine the suitability of the owner(s) of the business to be granted such license or permit by the city; and
b. 
Properly regulate licensed and permitted activities within the city.
(2) 
The applicant must have no outstanding fees, taxes, fines, etc., owed to the city and/or the state; and
(3) 
The applicant shall demonstrate knowledge of applicable state statutes and city ordinances pertaining to the exercise of such license or permit.
(c) 
Every applicant for a license or permit issued under the authority of the city council shall be found suitable to hold such license or permit. Reasons for being deemed unsuitable may include, but are not limited to, the following:
(1) 
Certain information contained in background checks conducted by or on behalf of the city;
(2) 
When applicable, past negative history of owning a similar business;
(3) 
Previous failures to comply with local, state or federal laws; and/or
(4) 
Other circumstances demonstrating the unsuitability, financial or otherwise, for the applicant to perform the licensed or permitted activity in the city.
(C0343-18; amended C0103-19; 12-27-2021 by Ord. No. C0349-21)
(a) 
All applications submitted for licenses and permits issued under the authority of the city council shall be made in writing to the city clerk on the appropriate application form created and maintained by the city clerk.
(b) 
Said application form shall be issued to the applicant for a license or a permit along with other forms that need to be completed and submitted as a part of the applicant’s license/permit application package.
(c) 
The applicant shall complete said application form and any other additional forms that are a part of their application package by truthfully divulging the information sought on said forms.
(d) 
Said application form shall be signed under the pains and penalties of perjury.
(1) 
If filed by an individual, the application form shall be signed by the individual;
(2) 
If filed by a partnership, the application form shall be signed by all partners;
(3) 
If filed by a corporation or other organization, the application form shall be signed by an authorized officer of the corporation or organization.
(e) 
Intentional failure to disclose accurate and complete information on said application form or any other additional forms that are a part of their application package, as required, may be grounds for denial, suspension or revocation of such license or permit.
(f) 
In order to complete most applications for licenses and permits issued under the authority of the city council, it shall be necessary for the applicant to schedule the required inspections with various city departments.
(1) 
The inspections required for each license or permit application shall be in accordance with the corresponding requirements for each license or permit as listed in the table located in Section 12-304(b) of these Revised Ordinances.
(2) 
There shall be a separate fee assessed for these inspections. A single inspection fee of fifty dollars ($50.00) shall be assessed without regard to the number of inspections required. Such fee shall be payable at the time of the license or permit application submission to the city clerk.
(3) 
If a license or permit holder holds multiple licenses or permits issued under the authority of the city council that require inspections, they shall only be required to pay such inspection fee once per year.
(g) 
The completed application forms shall be submitted to the city clerk along with all of the other materials required to be submitted with said application form.
(1) 
Said application form shall be accompanied by the required application materials for such license or permit as specified in Section 12-304 of this Chapter.
(2) 
If said application form is for a new or modified license or permit, it shall also be accompanied by the additional required application materials for such new or modified license or permit as specified in Section 12-305 of this Chapter.
(3) 
Said application form shall also be accompanied by other application materials, if any, as required in the provisions for specific licenses or permits as specified in this Chapter.
(h) 
The city clerk shall review each submitted license or permit application form and the other required application materials for completeness.
(1) 
If the submitted application form is complete and all of the other required application materials have been provided, the application package shall be considered accepted by the city clerk.
(2) 
Otherwise, the city clerk shall have just cause to reject such application package.
(i) 
As a part of the application package acceptance process, the city clerk shall determine if the application package shall be considered routine.
(1) 
While the city clerk shall have discretion in determining what is routine in this instance, the application package shall not be considered routine if:
a. 
The application package's certificate of good standing indicates that there are any past due payments to the city without either:
1. 
An up-to-date payment plan in place; or
2. 
Payment of all past due payments being made.
b. 
For a license or permit renewal, there were any violations of any of the conditions placed on such license or permit during the current licensing or permitting period.
(2) 
If the application package is not considered to be routine, notwithstanding any other provision in this chapter to the contrary, the application package shall be forwarded to the city council for their review. When this occurs, the city clerk shall provide the petitioner and the city council members with a communication that explains why he did not consider the application package to be routine.
(j) 
Before determining if approving a license or permit issued under the authority of the city council would be in the best interests of the public, certain licenses and permits require an extended background check.
(1) 
Applications for livery service licenses, taxicab services licenses and vehicle for hire operator permits shall require an extended background check.
(2) 
Said extended background checks shall be performed and evaluated as prescribed in Section 12-306.
(3) 
If the applicant’s license or permit application is denied as a result of the extended background check and the applicant disagrees with the finding, the applicant may request a hearing before the city council on such finding.
(k) 
Application packages for new licenses and permits issued under the authority of the city council shall be considered for approval as prescribed in Section 12-301(b) of this Chapter.
(l) 
Application packages for modifications to existing licenses and permits issued under the authority of the city council shall be considered for approval as prescribed in Section 12-301(b) of this Chapter.
(m) 
Application packages for renewals of existing licenses and permits issued under the authority of the city council shall be considered for approval as prescribed in Section 12-301(h) of this Chapter.
(n) 
If an application package for a license or permit issued under the authority of the city council needs to be submitted to the city council for its review, the city clerk shall arrange to have a license or permit petition placed on the business agenda for the next possible meeting of the city council.
(1) 
Such petition shall appear on the city council’s business agenda as a petition unless such petition requires a public hearing; if such petition requires a public hearing, it will appear on the city council’s business agenda as a public hearing.
(2) 
Certain new licenses and permits shall require a public hearing before they can be issued.
a. 
The determination if a new license or permit petition requires a public hearing shall be determined by:
1. 
An affirmative value in the public hearing required indicator for the corresponding license or permit from the table in Section 12-305 of this Chapter; and
2. 
If the same type of license or permit was not exercised in the last two (2) years on the same parcel where such new license or permit is proposed to be exercised.
b. 
If a license or permit petition requires a public hearing, additional prerequisites, as detailed in Section 12-307 of this Chapter, shall be completed, as specified in said section, prior to the public hearing.
(3) 
No incomplete petition for a license or a permit issued under the authority of the city council shall be submitted to the city council for their consideration unless it is accompanied with a written communication from the city clerk. Such communication shall include:
a. 
The reason(s) for such incomplete submission; and
b. 
The city clerk’s recommendation for any conditions that need to be satisfied/rectified before an approved license or permit may be issued.
(o) 
The city clerk shall keep on file the original license/permit application form and all other required materials to be included in the application submission package ad infinitum.
(C0255-18; amended C0343-18; amended C0222-18; amended C0016-19. Formerly 12-301)
(a) 
Common additional license/permit application materials.
(1) 
Certificate of Good Standing.
a. 
The city clerk shall provide the applicants for licenses and permits requiring a certificate of good standing with such form as a part of the application package for such licenses and permits.
b. 
The applicant shall complete the applicant portion of the form, including property address. The property address provided to the collector’s office by the applicant shall be the address of the parcel where the applicant for said license or permit intends to exercise/is currently exercising such license or permit.
c. 
The applicant shall have such form completed by the collector’s office.
d. 
The collector’s office shall, for the property address provided to them, determine and appropriately note on such form:
1. 
Whether taxes or fees are owed to the city by the property owner of such property; and
2. 
If said property owner owes the city taxes or fees, whether an up-to-date tax payment plan is in place with the property owner.
(2) 
Fire Approval.
a. 
The city clerk shall provide the applicants for licenses and permits requiring a Fire Approval Form with such form as a part of the application package for such licenses and permits.
b. 
The applicant shall schedule the required fire inspection with the city’s fire prevention bureau in a timely fashion.
c. 
A city fire prevention inspector shall inspect every building and/or structure located at the specified property address to ensure conformance with the state’s Fire Safety Code.
d. 
After completing the required inspection, the fire prevention inspector shall record the results of said inspection on the applicant’s Fire Approval Form.
(3) 
Health Approval.
a. 
The city clerk shall provide the applicants for licenses and permits requiring a Health Approval form with such form as a part of the application package for such licenses and permits.
b. 
The applicant shall schedule the required health inspection with the city’s health department in a timely fashion.
c. 
A city health department inspector shall inspect every building and/or structure located at the specified property address to ensure conformance with the state’s Sanitary Code.
d. 
After completing the required inspection, the health department inspector shall record the results of said inspection on the applicant’s Health Approval form.
(4) 
ISD Approval.
a. 
The city clerk shall provide the applicants for licenses and permits requiring an ISD approval form with such form as a part of the application package for such licenses and permits.
b. 
The applicant shall schedule the required ISD inspection with the city’s inspectional services department in a timely fashion.
c. 
An Inspectional Services Inspector shall inspect the parcel and every building and/or structure located at the specified property address to ensure conformance with the state’s Building Code and the city’s Zoning Ordinance.
d. 
After completing the required inspection, the inspectional services inspector shall record the results of said inspection on the applicant’s ISD Approval form.
(5) 
Revenue Enforcement and Protection (REAP) Attestation.
a. 
The city clerk shall provide the applicants for licenses and permits requiring a REAP Attestation with such form as a part of the application package for such licenses and permits.
b. 
The applicant shall complete said form to the best of their abilities.
(6) 
Workers’ Compensation Insurance Affidavit.
a. 
The city clerk shall provide the applicants for licenses and permits requiring a Workers’ Compensation Affidavit with such form as a part of the application package for such licenses and permits.
b. 
The applicant shall complete said form to the best of their abilities.
(b) 
The following table lists licenses and permits issued under the authority of the city council with an indication of which of the common additional required materials need to be submitted with any application for such licenses and permits. Unique additional materials that need to be submitted with any application for specific licenses and permits issued under the authority of the city council shall be listed in the section(s) of this chapter pertaining to the application process for such license or permit.
(1) 
Any licenses and permits issued under the authority of the city council that do not require any of the common additional materials to be submitted with any application for such licenses and permits have been omitted from the following table.
(2) 
An asterisk (*) following the word “Yes” indicates that an inspection is required only if the applicant is seeking to perform the licensed activity at a specified business location and not under a home occupation permit.
(3) 
A plus sign (+) following the word “Yes” indicates that an inspection is required only if the applicant’s business address is located within the city.
License/Permit
Certificate of Good Standing
REAP Attestation
Workers’ Comp Affidavit
ISD Approval
Fire Approval
Health Approval
Antique Dealer
Yes
Yes
Yes
Yes
Yes
No
Auctions
Yes
Yes
Yes
No
No
No
Automated Amusement Devices
Yes
Yes
Yes
Yes
Yes
No
Billiards/Bowling Alley/Pool Table
Yes
Yes
Yes
Yes
Yes
No
Christmas Tree Sales
No
No
No
Yes
No
No
Commercial Passenger Vessel
Yes
Yes
Yes
Yes
Yes
Yes
Dry Bulk Storage
Yes
Yes
Yes
Yes
Yes
Yes
Flammable Products Storage
Yes
No
No
No
Yes
No
Flowering Plant Sales
No
No
No
Yes
No
No
Fortune Teller (Practitioner)
Yes
Yes
Yes
Yes*
Yes*
No
Garage (Commercial and Residential)
Yes
Yes
Yes
Yes
Yes
No
Grate
Yes
Yes
Yes
Yes
Yes
No
Home Occupation
No
No
No
By request
No
No
Innholder
Yes
Yes
Yes
Yes
Yes
Yes
Junk Collector
Yes
Yes
Yes
Yes
Yes
No
Junk Dealer
Yes
Yes
Yes
Yes
Yes
No
Livery Service
Yes
Yes
Yes
Yes*
Yes*
No
Lodging House
Yes
Yes
Yes
Yes
Yes
Yes
Motor Vehicle Dealer – 1st Class
Yes
Yes
Yes
Yes
Yes
No
Motor Vehicle Dealer – 2nd Class
Yes
Yes
Yes
Yes
Yes
No
Motor Vehicle Dealer – 3rd Class
Yes
Yes
Yes
Yes
Yes
No
Motor Vehicle Body Repair Shop
Yes
Yes
Yes
Yes
Yes
No
Motor Vehicle Body/Mechanical Repair Shop
Yes
Yes
Yes
Yes
Yes
No
Motor Vehicle Mechanical Repair Shop
Yes
Yes
Yes
Yes
Yes
No
Open Air Parking
Yes
Yes
Yes
Yes
Yes
No
Operate During Restricted Business Hours
Yes
Yes
Yes
Yes
Yes
Yes
Paid Parking Garage
Yes
Yes
Yes
Yes
Yes
No
Pawnbroker
Yes
Yes
Yes
Yes
Yes
No
Precious Metals
Yes
Yes
Yes
Yes
Yes
No
Project On or Over the Public Way
Yes
Yes
No
Yes
No
No
Recycling Redemption Center
Yes
Yes
Yes
Yes
Yes
No
Secondhand Dealer
Yes
Yes
Yes
Yes
Yes
No
Self-Service Gas Station
Yes
Yes
Yes
Yes
Yes
No
Taxicab Service
Yes
Yes
Yes
Yes+
Yes+
No
Tire Repair
Yes
Yes
Yes
Yes
Yes
No
(C0255-18; amended C0343-18; amended C0222-18; amended C0016-19. Formerly 12-302)
(a) 
Common additional new/modified license/permit application materials:
(1) 
Certified Plot Plan.
a. 
Applicants for certain new licenses and permits issued under the authority of the city council requiring a certified plot plan shall submit such plan as a part of their application package.
b. 
Applicants for amended licenses and permits issued under the authority of the city council shall be required to a submit an updated certified plot plan as a part of their application package if such request for amendment includes any changes to the parcel’s plot plan.
c. 
Certified plot plans shall include, but shall not be limited to, the following elements:
1. 
The surface material(s) of such parcel;
2. 
The location of all buildings and structures on such parcel;
3. 
The location of all exterior lighting;
4. 
The means and direction of vehicle entrances and exits;
5. 
The location of all proposed parking spaces including:
A. 
Customer parking;
B. 
Employee parking;
C. 
Business vehicle parking; and
D. 
Parking for vehicles that are the primary focus of the applicant’s business (sales, service, storage, etc.);
6. 
Location of landscaping; and
7. 
Other information as requested by any department of the city.
d. 
The following requirements shall be incorporated into the design of the parcel:
1. 
Each designated parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space;
2. 
Appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement;
3. 
Properly designed and located lighting to reduce or eliminate possible hazards;
A. 
Lighting facilities shall be so arranged and operated so that they neither unreasonably disturb occupants of adjacent properties nor interfere with traffic; and
B. 
All exterior lighting fixtures shall be shaded so that no direct light is cast upon any adjacent properties; and
4. 
Proper landscaping to add to the aesthetic properties of the neighborhood.
e. 
The applicant shall submit their certified plot plans to the building inspector for review prior to the submission of their completed license/permit application to the city clerk. The city council shall retain the right of final approval of the certified plot plan.
(2) 
CORI Request Form.
a. 
The city clerk shall provide the applicants for licenses and permits requiring a CORI check with a Criminal Offender Record Information Request Form as a part of the application package for such licenses and permits.
b. 
The applicant shall complete said form to the best of their abilities.
(b) 
The following table lists licenses and permits issued under the authority by the city council with an indication of which of the common additional materials need to be submitted with applications for new licenses and permits issued under the authority of the city council. Unique additional materials that need to be submitted with applications for specific new licenses and permits issued under the authority of the city council shall be listed in the section(s) of this chapter pertaining to the application process for such license or permit.
(c) 
Any licenses and permits issued under the authority of the city council that do not require any of the common additional materials to be submitted with new applications for such licenses and permits have been omitted from the following table:
License/Permit
Certified Plot Plan
Letters of Recommendation
Public Hearing - Proof of Abutters Notification
CORI Request Forms
Copy of Mass. Driver’s License
Application Fee
Antique Dealer
No
Yes
No
Yes
No
Yes
Auction Day License Annual License
No
No
No
No
No
No Yes
Automated Amusement Devices
No
No
No
Yes
Yes
Yes
Billiards/Bowling Alley/Pool Table
Yes
Yes
Yes
Yes
Yes
Yes
Christmas Tree Sales
No
No
No
No
No
Yes
Commercial Passenger Vessel
No
Yes
No
Yes
Yes
Yes
Dry Bulk Storage
Yes
Yes
Yes
Yes
No
Yes
Flammable Products Storage
No
No
Yes
No
No
Yes
Flowering Plant Sales
No
No
No
No
No
Yes
Fortune Teller (Practitioner)
No
Yes
No
Yes
No
Yes
Garage (Commercial and Residential)
Yes
Yes
Yes
Yes
Yes
Yes
Grate
No
No
No
No
No
Upon approval
Home Occupation
No
No
No
No
No
No
Innholder
Yes
Yes
Yes
Yes
No
Yes
Junk Collector
Yes
Yes
Yes
Yes
No
Yes
Junk Dealer
Yes
Yes
Yes
Yes
No
Yes
Livery Service
No
Yes
No
Yes
Yes
Yes
Lodging House
Yes
Yes
Yes
Yes
No
Yes
Motor Vehicle Dealer – 1st Class
Yes
Yes
Yes
Yes
Yes
Yes
Motor Vehicle Dealer – 2nd Class
Yes
Yes
Yes
Yes
Yes
Yes
Motor Vehicle Dealer – 3rd Class
Yes
Yes
Yes
Yes
Yes
Yes
Motor Vehicle Body Repair Shop
Yes
Yes
Yes
Yes
No
Yes
Motor Vehicle Body/Mechanical Repair Shop
Yes
Yes
Yes
Yes
No
Yes
Motor Vehicle Mechanical Repair Shop
Yes
Yes
Yes
Yes
No
Yes
Open Air Parking
Yes
Yes
Yes
Yes
Yes
Yes
Operate During Restricted Business Hours
Yes
Yes
Yes
Yes
Yes
Yes
Paid Parking Garages
Yes
Yes
Yes
Yes
Yes
Yes
Pawnbroker
No
Yes
No
Yes
No
Yes
Precious Metals
No
Yes
No
Yes
No
Yes
Project On or Over the Public Way
No
No
No
No
No
Upon approval
Recycling Redemption Center
No
Yes
No
Yes
No
Yes
Secondhand Dealer
No
Yes
No
Yes
No
Yes
Self-Service Gas Station
Yes
Yes
Yes
Yes
Yes
Yes
Taxicab Service
Yes
Yes
Yes
Yes
Yes
Yes
Tire Repair
No
Yes
No
Yes
No
Yes
Utility Permit
No
No
Yes
No
No
Yes
(d) 
Applicants for all such new licenses and permits that do not own the property on which such license or permit will be exercised shall also include a copy of their current lease for said property, signed by the property owner, with their application. The lease shall be used as evidence that the applicant has the property owner’s permission to exercise such license or permit on said property.
(C0343-18)
(a) 
Upon acceptance of an application package for a license or permit requiring an extended background check, the city clerk shall forward such application package to the police chief so that such background check of the applicant(s) can be conducted.
(b) 
The police chief shall request the following background reports for each such applicant:
(1) 
Criminal Offender Record Information (CORI) report;
(2) 
Massachusetts Public Driving record; and
(3) 
Sexual Offender Registry Information (SORI) report.
(c) 
The police chief shall review each such applicant’s application package and background reports.
(d) 
Once reviewed, the police chief shall return his written comments and/or recommendations, if any, to the city clerk along with the application package and the corresponding background reports.
(e) 
After the extended background check has been performed, the applicant’s application for a license or permit shall be denied by the city clerk, as the agent of the city council, if the applicant:
(1) 
Has a criminal proceeding pending;
(2) 
Has been convicted of or has admitted to sufficient facts in a nonviolent felony within one (1) year of the date of said application;
(3) 
Has been convicted of or has admitted to sufficient facts in a violent felony within three (3) years of the date of said application;
(4) 
Has been convicted of or has admitted to sufficient facts in an alcohol-or drug-related misdemeanor within one (1) year of the date of said application; provided, that no person shall be granted a permit within three (3) years of conviction or admission of sufficient facts in an alcohol-or drug-related misdemeanor which is a second offense;
(5) 
Has been convicted of or has admitted to sufficient facts in three (3) or more drug-or alcohol-related offenses within ten (10) years of the date of said application;
(6) 
Has been convicted of or has admitted to sufficient facts in an alcohol-or drug-related felony within three (3) years of the date of said application;
(7) 
Has been released from incarceration in a correctional facility within one (1) year of the date of said application;
(8) 
Is included on or has been removed from the Massachusetts Sex Offender Registry within two (2) years of the date of said application;
(9) 
Has been determined responsible for three or more motor vehicle accidents within two (2) years of the date of said application; or
(10) 
Has received an unfavorable recommendation from the police chief.
(f) 
If the applicant’s application for a license or permit was denied for any of the above reasons, the city clerk shall:
(1) 
Notify the applicant, in writing by certified-return U.S. mail, of the reason(s) for said denial within ten (10) calendar days of the date of said denial; and
(2) 
Forward copies of such application/form and all other required application materials along with the reason(s) for said denial to the city solicitor to be placed on file.
(C0343-18)
(a) 
The city council holds public hearings to obtain public testimony or comment on significant issues prior to making decisions on such issues.
(b) 
As prescribed in the table in Section 12-305 of this Chapter, certain new licenses and permits issued under the authority of the city council shall require a public hearing before such license or permit can be considered for issuance. Any modifications to the same licenses and permits shall also require a public hearing before such license or permit can be considered for modification.
(c) 
Once the city clerk accepts an application package for a new or modified license or permit that requires a public hearing, he shall:
(1) 
Determine the meeting of the city council at which such application will be considered;
(2) 
Arrange to have a petition included on the business agenda for said city council meeting as a public hearing;
(3) 
Place a legal advertisement in one or more of the local newspapers notifying the general public of the date, time, location and subject matter of the scheduled public hearing not more than fourteen (14) days and not less than seven (7) days prior to such hearing.
a. 
The expense of said advertisement(s) shall be the responsibility of the petitioner.
b. 
Such expense shall usually be billed directly to the petitioner;
(4) 
Notify the petitioner of the date, time and location of the scheduled public hearing; and
(5) 
Instruct the petitioner to notify nearby property owners of the date, time, location and subject matter of the scheduled public hearing.
a. 
The city clerk shall provide the petitioner with:
1. 
A copy of the notice to be sent to such property owners; and
2. 
A list of the property owners to be notified as supplied by the board of assessors.
b. 
Unless otherwise specified in this chapter for specific licenses and permits issued under the authority of the city council, the abutters to be notified shall be within one hundred fifty (150) feet of the property line of the parcel on which such license or permit shall be exercised.
c. 
Such notification shall be made not more than fourteen (14) days and not less than seven (7) days prior to such public hearing by certified-return receipt requested U.S. mail.
d. 
The petitioner shall be responsible for providing the city clerk with return receipts from the U.S. Postal Service indicating that all required property owners have been notified of the public hearing.
(d) 
If the petitioner intends to make a formal presentation at a public hearing for a license or permit issued under the authority of the city council, the petitioner shall make every effort to provide the city clerk with a copy of such presentation prior to the posting of the business agenda of the city council meeting at which the public hearing will be held. This will allow such presentation to be distributed to the city council members with said agenda, prior to the meeting, allowing time for an adequate review of such presentation.
(e) 
Once advertised, a public hearing on a license or permit granted under the authority of the city council shall be held at the date, time and place advertised, except in the case of emergency, weather-related or otherwise.
(f) 
If multiple public hearings appearing on the city council business agenda are advertised for the same time, such public hearings shall normally be held in the order that they appear on the city council business agenda.
(g) 
The process used by the city council to hold a public hearing shall be prescribed in the city council’s rules of procedure.
(h) 
If all of the prerequisites for a public hearing are not met prior to the scheduled date and time of the public hearing, the city council shall still be required to hold the public hearing but shall not be able to take final action on approval of the associated petition at such meeting.
(i) 
If a public hearing is continued to a subsequent meeting of the city council, no legal advertising of such continuance shall be required.
(C0343-18; C0103-19; C0045-20)
(a) 
All licenses and permits issued under the authority of the city council shall be subject to the following standard conditions and/or restrictions:
(1) 
The license or permit holder shall comply with any and all conditions and/or restrictions placed on their license or permit, including any conditions imposed regarding minimizing noise and nuisance;
(2) 
The license or permit holder and their employees shall comply with all applicable federal, state and local laws, regulations and city ordinances;
(3) 
If a license or permit holder operates their business under a business certificate issued by the city clerk, such license or permit holder shall be required to maintain a current valid business certificate with the city clerk’s office;
(4) 
The license or permit holder and their employees shall be required to obtain and maintain any other licenses, permits, registrations and certifications necessary to run their business as required by the city, the state and/or the federal government;
(5) 
If a license or permit holder is required to obtain any insurance policies as a condition of their license or permit:
a. 
Said license holder shall obtain and maintain the required insurance policies in accordance with the terms specified by the associated license or permit ordinance.
b. 
Such insurance policies shall list the city as an additional insured.
(6) 
Unless otherwise allowed under specific license and permit ordinances in this Chapter, such licenses and permits shall not be assignable or transferable;
(7) 
Licenses and permits shall only be granted to parcels in zoning districts that allow such use by right, with a special permit or as an existing nonconforming use. If a special permit is required, it shall be obtained from the zoning board of appeals before an approved license or permit may be issued;
(8) 
Unless otherwise allowed under specific license and permit ordinances in this Chapter, such licenses and permits shall only allow the license or permit holder to operate on the property address for which the license or permit was granted;
(9) 
When included on a license or permit, the days and hours of operation, as determined by the city council, shall be in effect at all times;
(10) 
If a license or permit is issued to a property address:
a. 
Such licenses and permits shall be posted for public viewing in a conspicuous place on the licensed or permitted premises; and
b. 
Upon demand, all licensees and permittees or other persons in charge of the licensed or permitted premises shall allow any police officer or the city clerk, as the agent for the city council, to enter said premises, at any time, to:
1. 
Inspect their operation;
2. 
Ascertain how the licensee or permittee conducts their business; and/or
3. 
Determine compliance with the conditions and restrictions placed on their license or permit;
(11) 
If applicable, all proposed or required landscaping shall be properly maintained; and
(12) 
The city council reserves the right to review, in accordance with the provisions of Section 12-314 of this Chapter, any license or permit issued under its authority at any time.
(13) 
The city council reserves the right to revoke, in accordance with Section 12-316, any license or permit issued under its authority if:
a. 
Such license or permit has not been actively exercised for a period of 12 months or more; and
b. 
The city council, by ordinance, has limited the number of the type of such license or permit that may be issued at any one time.
(b) 
The city council may establish, by ordinance, standard conditions and/or restrictions that apply to each type of license and permit issued under its authority.
(c) 
The city council may impose other reasonable restrictions and conditions on individual licenses and permits issued under its authority as it determines to be necessary to protect the public safety and welfare.
(C0343-18)
(a) 
The city council shall consider a petition for a license or permit issued under its authority in the same manner as any other measure under its jurisdiction (refer to committee, convene an executive session, etc.).
(b) 
When applicable and appropriate, the city council shall consider the following factors in determining whether to grant, deny or condition a license or a permit issued under its authority:
(1) 
Whether public convenience and/or necessity requires the issuance of such license or permit to ensure the existence of an adequate supply of the licensed or permitted service/activity to meet public demand;
(2) 
Whether a particular applicant for such license or permit has the fitness, suitability and ability to perform the licensed or permitted service;
(3) 
The effect the licensed or permitted service/activity may have upon traffic conditions in the city and/or the creation of traffic hazards;
(4) 
The effect the licensed or permitted service/activity will have on the neighborhood in relation to fire hazards, aesthetics and air, noise and water pollution;
(5) 
The nature and development of the surrounding properties;
(6) 
The proximity of churches, schools, public buildings or other places of public gathering; and
(7) 
The general health, safety and welfare of the public.
(c) 
The certified plot plans required to be submitted as a part of certain license/permit application packages shall be reviewed by the city council. After said review, the city council may require changes to such plans as they determine necessary to protect public health, safety and welfare.
(d) 
Above and beyond the standard conditions and restrictions placed on all licenses and permits issued under its authority and the standard conditions and restrictions placed on specific licenses and permits issued under its authority, the city council may impose other reasonable restrictions and conditions on individual licenses and permits issued under its authority as it determines to be necessary to protect public health, safety and welfare.
(e) 
At any time prior to the final decision of the city council on a petition for a license or permit, the petitioner may request a motion for leave to withdraw their petition, which the city council shall consider.
(f) 
A license or permit issued under the authority of the city council shall not be issued to an applicant if, in the opinion of the city council:
(1) 
The best interests of the city shall not be served by the issuance of such license or permit; or
(2) 
The applicant is determined to be unsuitable to hold such license or permit.
(g) 
All decisions of the city council on the approval or denial of such petitions shall be made by a roll call vote.
(h) 
The vote of the city council on the approval or denial of such petitions shall be final once the period for reconsideration has expired.
(i) 
Restrictions on resubmission of petitions for licenses and permits withdrawn from or denied by the city council shall be in accordance with Section 1-6 of these Revised Ordinances.
(C0343-18)
(a) 
When a license or permit issued under the authority of the city council is approved, the city clerk shall notify the petitioner when the application has been approved.
(b) 
Before such license or permit is issued:
(1) 
The city clerk shall provide the licensee or permittee with a written copy of the conditions and restrictions placed on their license or permit;
(2) 
The licensee or permittee shall sign and date a notarized affidavit of agreement to the restrictions and/or conditions placed on their license or permit;
(3) 
In the case of a licensee or permittee being restricted to operate at the property address for which the license or permit was granted and the licensee or permittee does not own such parcel, the land owner(s) of record shall receive a copy of such signed affidavit;
(4) 
The license or permit holder shall pay the annual fee, if any, for such license or permit; and
(5) 
In the case of a sale of a business licensed and/or permitted under this article, new, approved licenses and/or permits shall be not issued to the purchaser until the business’ previous city council-issued licenses and/or permits are surrendered to the city clerk.
(c) 
Failure by the licensee or permittee to pay the annual fee for their license or permit within thirty (30) days after notification that such license or permit has been approved shall cause the city clerk to:
(1) 
Suspend such license or permit; and
(2) 
Recommend to the city council to begin revocation proceeding for such license or permit.
(d) 
Licenses and permits issued under the authority of the city council shall commence and expire in accordance with the provisions of Section 12-301 of this Division.
(C0343-18)
(a) 
If a license or permit issued under the authority of the city council is denied, the city clerk shall:
(1) 
Notify the petitioner, in writing by certified-return U.S. mail, of the reason(s) for said denial within ten (10) calendar days of the date of said denial; and
(2) 
Forward copies of such application and all other required application materials along with the reason(s) for said denial to the city solicitor to be placed on file.
(b) 
An applicant whose petition for a license or a permit is denied by the city council shall only be allowed to submit a subsequent petition for such license or permit in accordance with the provision of Section 1-6 of these Revised Ordinances.
(c) 
Any applicant aggrieved by any action of the city council or the city clerk in refusing, for any cause, to grant or renew a license or a permit may, within ten (10) days after such action, appeal to any justice of the superior court of Middlesex County.
(C0343-18; amended 12-13-2021 by Ord. No. C0205-21)
(a) 
The city clerk shall provide every holder of a renewable license or permit issued under the authority of the city council with a renewal application for such license or permit no less than thirty (30) days prior to the expiration date of their current license or permit.
(b) 
For renewals of licenses and permits that are issued to a specific parcel of land, the license or permit holder shall include a copy of their current lease for such parcel in their renewal application package if:
(1) 
They are not the owner of said parcel; and
(2) 
The city clerk does not already have a copy of their current lease on file.
(c) 
The license or permit holder shall make every effort to file a completed renewal application package for such license or permit with the city clerk on or before the expiration date of their current license. The city clerk may accept a license or permit renewal application package if it is missing required city department inspection reports if, in his opinion, the license or permit holder has made an honest effort to schedule such inspection(s) in a timely fashion.
(d) 
If a license or permit holder fails to file a completed license or permit renewal application package by the expiration date of their current license or permit and the license or permit holder continues to exercise said license or permit, the city clerk may begin to issue fines to such license or permit holder in accordance with Section 1-8 of these Revised Ordinances on the day after said expiration.
(e) 
If a former license or permit holder fails to file a license or permit renewal application package with the city clerk by thirty (30) days after the expiration date of said license or permit and the license or permit holder continues to exercise said license or permit, the city clerk may issue the former license or permit holder a cease and desist order.
(f) 
Early license/permit renewals.
(1) 
Most licenses and permits issued under the authority of the city council expire at various times throughout the year.
(2) 
However, when a license/permit holder holds more than one such license or permit, it may be more efficient and convenient for the holder of such licenses and permits to renew them at the same time.
(3) 
Early renewals of certain licenses and permits issued under the authority of the city council shall be possible but only if it is specifically allowed or required in this article.
(4) 
When such early license and permit renewals are allowed, the following modifications shall apply to the renewal process.
a. 
The combined renewal petition submitted to the city clerk shall include an application for each license or permit being renewed; however, only one copy of any common required materials normally submitted with each renewal shall need to be provided;
b. 
The applicant shall only be charged a single inspection fee for all licenses and/or permits included in the combined renewal petition;
c. 
Only those licenses and permits included in the combined renewal petition that are required to be approved by the city council shall be submitted to the city council for approval;
d. 
Before any licenses and/or permits included in the combined renewals petition are issued, all associated annual renewal fees for such licenses and/or permits and the required annual inspection fee shall be paid; and
e. 
Early renewal shall not affect the expiration date of the license holder's non-expired licenses or permits.
1. 
Any current non-expired licenses and permits shall remain in effect until their normal expiration date.
2. 
Any early renewed licenses and/or permits shall take effect immediately after the expiration of the current license/permit and shall remain in effect for one year following such effective date.
(C0343-18)
(a) 
Failure to comply with the conditions and restrictions placed on a license or permit issued under the authority of the city council may, as circumstances dictate, result in fines and/or suspension or revocation of such license or permit.
(b) 
The city council retains the right to review any license or permit issued under its authority, in accordance with the provisions of Section 12-314 of this Chapter, at any time to ensure compliance with all of the conditions and restrictions placed on such license or permit.
(c) 
The city clerk, as the agent for the city council, shall regularly monitor all licenses and permits issued under the authority of the city council to ensure compliance with all of the conditions and restrictions placed on such licenses or permits. If, in the opinion of the city clerk, after conferring with the city solicitor, the police chief and/or the president of the city council, if necessary, the holder of such license or permit is not in compliance with any of the conditions and/or restrictions placed on their license or permit, the city clerk may, as circumstances dictate:
(1) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances; and/or
(2) 
Suspend such license or permit.
(C0343-18; C0035-20)
(a) 
Any member of the city council may request a review of a license or permit issued under the authority of the city council, when, in their opinion, the conduct of the license or permit holder or the operation of their licensed or permitted activity warrants such review.
(b) 
In order to initiate a review of a license or permit issued under the authority of the city council, any city council member(s) may place an order requesting said review on the business agenda for a city council meeting. The city council may then authorize said review by an affirmative vote of a majority of the entire membership of the city council.
(c) 
Upon the city council’s approval of an order to begin a review of any license or permit issued under their authority:
(1) 
The city clerk shall notify the license or permit holder of the initiation of said review, stating the grounds for such proceedings.
(2) 
All notifications to the license or permit holder required by this subsection shall be made by the city clerk, in writing, using certified-return receipt requested U.S. mail.
(3) 
Notice of all hearings on reviews of such license or permit shall be sent to the license or permit holder at least seven (7) calendar days prior to the date of said meeting.
(4) 
All hearings on reviews of such licenses and permits shall be held in accordance with the Massachusetts open meeting law.
(5) 
The city council may review such license or permit in the same manner as any other measure under its jurisdiction (refer to committee, convene an executive session, etc.) as long as:
a. 
The license or permit holder is invited to all meetings at which such review shall be performed; and
b. 
Such proceedings are completed in a timely manner.
(6) 
If the license or permit holder fails to appear at any meeting of the city council or its subcommittees at which such review shall be performed without previously notifying the city council and/or the city clerk of the reason for their absence, their absence shall be considered as grounds for taking punitive actions on their license or permit.
(7) 
During the review process, the city council shall allow the license or permit holder or their legal representative, if they so desire, to speak on their own behalf when appropriate.
(8) 
At the end of the review process, the city council may decide to:
a. 
Take no further action on such license or permit; or
b. 
Place additional reasonable conditions and/or restrictions on such license or permit; and/or
c. 
Instruct the city clerk to fine such license or permit holder in accordance with Section 1-8 of these Revised Ordinances; and/or
d. 
Suspend such license or permit in accordance with the applicable provisions of Section 12-315 of this Chapter; or
e. 
Revoke such license or permit in accordance with the applicable provisions of Section 12-316 of this Chapter.
(9) 
In the case of revocation, if such license or permit has not already been surrendered to the city clerk, the former license or permit holder shall do so forthwith.
(C0343-18; C0034-20)
(a) 
The city council or the city clerk may suspend a license or permit issued under the authority of the city council for good cause, including those violations listed in Section 12-317.
(b) 
The city clerk may suspend a license or permit issued under the authority of the city council if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation of the license or permit holder. The city clerk may only suspend licenses and permits until the city council can determine whether or not such licenses and permits should be revoked.
(c) 
The city clerk shall give written notice of the suspension of any license or permit issued under the authority of the city council, with the reason(s) therefor, to the license or permit holder in a timely fashion using certified-return receipt requested U.S. mail. Upon receipt of such notification, the license or permit holder shall promptly surrender their suspended license or permit to the city clerk and cease the licensed or permitted operation while such license or permit is suspended.
(d) 
At the end of the suspension period, if such license or permit has not been revoked, the city clerk shall return such license or permit to the license or permit holder.
(C0343-18; C0034-20; C0035-20; C0045-20)
(a) 
The city council may revoke a license or permit issued under their authority for good cause, including those violations listed in Section 12-317, once they hold a hearing on the matter.
(b) 
Initiation of revocation proceedings for any license or permit issued under the authority of the city council may be requested by:
(1) 
Any member of the city council when, in their opinion, the conduct of the license or permit holder or the operation of their licensed or permitted activity warrants the revocation of their license or permit; or
(2) 
The city clerk when, in his opinion and after conferring with the city solicitor, the police chief and/or the president of the city council, if necessary, there is sufficient evidence to indicate that the public safety would be endangered by the continued operation of the license or permit holder.
(c) 
Initiation of revocation proceedings may also occur when the city council invokes its right to revoke a license or permit issued under its authority that has not been actively exercised for a period of 12 months or more and the type of license or permit is limited in the number of each that may be issued by the city council at any one time.
(d) 
In order to begin revocation proceedings for any license or permit issued under the authority of the city council, an order requesting said process shall be placed on the business agenda for a city council meeting. The city council may then authorize said process by an affirmative vote of a majority of the entire membership of the city council.
(e) 
Upon the city council’s approval of an order to begin revocation proceedings for any license or permit issued under their authority:
(1) 
The city clerk shall notify the license or permit holder of the initiation of revocation proceedings, stating the grounds for such proceedings.
(2) 
All notifications to the license or permit holder required by this subsection shall be made by the city clerk, in writing, using certified-return receipt requested U.S. mail.
(3) 
Notice of all hearings on revocations of such licenses and permits shall be sent to the license or permit holder at least seven (7) calendar days prior to the date of said hearing.
(4) 
All hearings on revocations of such licenses and permits shall be held in accordance with the Massachusetts open meeting law.
(5) 
The city council may consider the revocation of such license or permit in the same manner as any other measure under its jurisdiction (refer to committee, convene an executive session, etc.) as long as:
a. 
The license or permit holder is invited to all meetings at which such revocation shall be considered; and
b. 
Such proceedings are completed in a timely manner.
(6) 
If the license or permit holder fails to appear at any meeting of the city council or its subcommittees at which such revocation shall be considered without previously notifying the city council and/or the city clerk of the reason for their absence, their absence shall be considered as additional grounds for revocation of their license or permit.
(7) 
During the revocation process, the city council shall allow the license or permit holder or their legal representative, if they so desire, to speak on their own behalf when appropriate.
(8) 
Revocation of such license or permit shall be appropriate if the city council determines, after an investigation of all facts, that:
a. 
The license or permit holder is deemed to be an unsuitable person to possess such license or permit. Factors to be considered include but are not limited to the grounds/nature of the complaint(s), the license or permit holder’s character and/or the license or permit holder’s actions as a license or permit holder.
b. 
It is not in the best interest of the city for such license or permit to be issued but not actively exercised for those types of licenses and permits with a limit on the number of each that may be issued by the city council at any one time.
(9) 
If, after a hearing, the City council decides not to revoke such license or permit, the city council may choose to place additional reasonable conditions and/or restrictions on such license or permit. If the city council places any additional conditions and/or restrictions on the license or permit, the city clerk shall provide the license or permit holder with a copy of such conditions and restrictions.
(10) 
If, after a hearing, the city council decides to revoke a license or permit issued under their authority, the city clerk shall give notice of such revocation in a timely manner, with the reason(s) therefor, to the former license or permit holder.
(11) 
Any former license and/or permit holder aggrieved by any action of the city council in revoking, for any cause, such license and/or permit may, within ten (10) days after said action, appeal to any justice of the superior court of Middlesex county.
(C0034-20)
Violations that may cause a license or permit issued under the authority of the city council to be suspended and/or revoked shall include, but are not limited to, the following:
(a) 
If the license or permit holder has:
(1) 
Knowingly made a false or inaccurate statement on any record or application required by any of the provisions of this article;
(2) 
Failed to prepare, maintain or file any report, record or notice required by the provisions of this article;
(3) 
Engaged in or permitted any conduct that is prohibited by the provisions of this article;
(4) 
Been, in any jurisdiction, convicted or subject to a finding of sufficient facts for a finding of guilty in regard to any felony offense; and/or
(5) 
Been, in any jurisdiction, convicted or subject to a finding of guilty in regard to any misdemeanor offense involving assault; assault and battery; threatening; larceny; fraud; prostitution; gaming; illegal sale or distribution of an alcoholic beverage; or a statute or regulation relative to their license or permit.
(b) 
Noncompliance with any of the conditions and/or restrictions placed on such license or permit.
(C0035-20)
(a) 
The following types of complaints for licenses and permits issued under the authority of the city council should be filed with the city clerk:
(1) 
Complaints alleging that a business is operating without a required license or permit that is granted under the authority of the city council; and/or
(2) 
Complaints alleging that a business utilizing a license or permit granted under the authority of the city council is in violation of any applicable law(s), code(s) or regulation(s); and/or
(3) 
Complaints alleging that a business utilizing a license or permit granted under the authority of the city council is not in compliance with any conditions and/or restrictions placed on such license and/or permits.
(b) 
Complaints should be submitted in writing whenever possible.
(c) 
Complaints should contain the business’s name and address, the date, time, nature and any documentation of the alleged violation(s) and the name(s) and contact information of the complainant(s).
(d) 
Within 30 days after receipt of a complaint, the city clerk shall investigate the complaint and shall determine whether there may be a violation.
(e) 
If the alleged violation is under the jurisdiction of another city, state or federal agency, the city clerk shall refer the complaint to such agency for further action.
(f) 
Upon a finding of a violation that falls under the authority of the city council, the city clerk, after conferring with the city solicitor and/or the president of the city council, if necessary, shall:
(1) 
Serve notice of the violation(s), in writing, upon the violator(s); and
(2) 
Initiate the appropriate response to the violation, i.e., issue a warning, issue fines, suspend the license or permit, initiate revocation proceedings, issue a cease and desist order, etc.
(g) 
A party upon whom notice of violation has been served may request a hearing on the matter from the city council by filing a written petition requesting such hearing with the city clerk within 21 days after the notice of violation was served.
(h) 
Upon receipt of a petition for a hearing, the city clerk shall:
(1) 
Place a petition on the agenda of the next possible regularly scheduled city council meeting; and
(2) 
Notify the violator(s) and the complainant(s) of the place, date and time of such hearing.
(i) 
Such hearings shall be held in accordance with Massachusetts open meeting law.
(j) 
Once a final determination is made on a complaint, the city clerk shall notify the complainant of such determination.
(k) 
The city clerk shall keep records of all complaints received and determinations made for such complaints.