No persons shall engage in any business, trade or occupation
which requires a license or permit without first having obtained a
license or permit therefor.
(Prior revision § 11-1)
All licenses and permits granted, unless otherwise provided
by law, shall be signed by the licensing commission.
(Prior revision § 11-2)
All licenses and permits granted, unless otherwise provided
by law, shall be attested and issued by the licensing commission.
(Prior revision § 11-3)
Every license and permit issued shall contain a condition that
the person accepting the same shall conform to the laws of the commonwealth,
the provisions of this revision and other ordinances of the city and
the specifications in the license or permit; that the license or permit
may be revoked at any time by the authority issuing it unless otherwise
provided by law; that the licensee will indemnify and save harmless
the city from any damage it may sustain or be required to pay for
by reason of the doing of the work licensed or permitted, or by reason
of any act or neglect of the licensee or permittee or any of the licensee's
or permittee's employees relating to such work, or by reason of the
violation of any specification contained in the license or permit;
provided, that nothing contained in this section shall be construed
to prevent the insertion of any other specification deemed advisable
by the authority issuing the license or permit.
(Prior revision § 11-6)
With every application for a license or permit to be issued
or granted by any officer, board, commission or the city council,
and before the application is acted upon, the fee for such license
or permit as established by any provision of this revision or other
ordinance of the city or law of the commonwealth shall be paid to
the officer, board or commission authorized and empowered to issue
or grant the license or permit. The receipt of payment thereof shall
be acknowledged on the application. The city clerk shall receive and
acknowledge the payment of fees on all applications for licenses or
permits to be issued or granted by the city council.
(Prior revision § 11-7)
The fee received by any officer, commission or board with any
application for a license or permit and paid over to the city treasurer
shall be returned to the applicant by the city treasurer upon the
withdrawal of the application or denial of the license or permit applied
for, unless otherwise provided by law.
(Prior revision § 11-8)
A. All
premises at which a license or a permit is requested to be newly granted
or renewed, including the license commission, shall be inspected by
the building department, board of health, fire department, police
department and public works department before the issuance or reissuance
of a permit or license by the granting authority in the city for the
protection of the health, welfare and safety of the community.
B. The departments mentioned in subsection
A of this section, if involved, shall in writing report back to the granting authority their findings as to whether or not any city ordinances or state laws are being violated. If any violation exists on the premises involved, the granting authority shall not issue or renew any license or permit until such violation is corrected and approval of the correction of such violation is made by the department(s) making the findings.
C. Any
violation not corrected and approved by the finding department(s)
within forty-five days of the violation date shall be cause for denial
or refusal of license or permit being requested or renewed.
(Prior revision § 11-1A; C.O. 79-117)
All licenses shall be subject to the provisions of this revision,
other and subsequent ordinances of the city, and the laws of the commonwealth.
Licenses may also be made subject to such other provisions and conditions
as the licensing commission or officer granting the same may deem
proper.
(Prior revision § 11-5)
Any licenses and permits granted, unless otherwise provided
by law, may be suspended or revoked for cause by the licensing commission
or the officer granting the same. The license commission, or the issuing
authority, shall first notify the holder of the license or permit
of the grounds on which the licensing authority plans to proceed and
thereafter schedule a hearing on the matter, within thirty days after
which a decision shall be made.
(Prior revision § 11-4; C.O. 83-52 § 77)
Chapter 256 of the Acts of 2010 and incorporated into the Massachusetts
General Laws as Chapter 6 Section 172B½, has authorized the
city to create the following ordinance enabling the police department
to conduct state and federal fingerprint based criminal history checks
for individuals applying for or in possession of certain licenses
including those engaged in the business of hawking and peddling or
other door-to-door salespeople, pawn dealers, secondhand dealers,
hackney drivers, and ice cream vendors.
A. The
police department may conduct state and federal fingerprint based
criminal history checks for individuals applying for or in possession
of certain licenses including those engaged in the business of hawking
and peddling or other door-to-door salespeople, pawn dealers, secondhand
dealers, hackney drivers, and ice cream vendors.
B. An applicant
seeking to engage in the above employment shall submit, if required
by the licensing authority, fingerprints taken by the police department
along with a fee of one hundred dollars.
C. Upon
receipt of the fingerprints and the appropriate fee, the police department
will transmit the fingerprints to the State Police Identification
Unit through the Department of Criminal Justice Information Services
(DCJIS), formerly the Criminal History System criminal file and then
submit the fingerprints to the Federal Bureau of Investigation (FBI)
for a comparison with national records. The result of the FBI check
will be returned to the State Police, which will then disseminate
the state and national results back to the police department.
D. In rendering
a fitness determination, the police department will decide whether
the record subject has been convicted of (or is pending indictment
for) a crime, which bears upon his or her ability or fitness to serve
in that capacity, any felony or a misdemeanor, which involved force
or threat of force, controlled substances, or was a sex-related offense.
E. The
police department shall establish, by policy and procedure consistent
with DCJIS, the procedure for conducting state and national criminal
history records checks of persons applying for certain licenses within
the city. Any person applying for a license for the following activities
within the city is required to submit with the application, a full
set of fingerprints taken by the police department within six months
prior to the date of application:
1. Hawking
and peddling or other door-to-door salespeople.
F. A person
applying for a license and who is required to submit a full set of
fingerprints to the licensing authority pursuant to this chapter,
may request and receive a copy of his or her criminal history records
from the police department. Should the license applicant seek to amend
or correct his or her record, he or she must contact the DCJIS, or
its successor, for a state record of the FBI for records from other
jurisdictions maintained in its file.
G. The
fee charged to the applicant by the police department for the purpose
of enforcing this section shall be one hundred dollars for each application.
A portion of the fee, thirty dollars, as specified in Chapter 6 Section
172B½ of the Massachusetts General Laws, shall be deposited
into the Firearms Fingerprint Identity Verification Trust Fund, and
the remainder of the fee may be retained by the police department
for costs associated with the administration of the fingerprinting
system.
H. The
city or any of its officers, departments, boards, committees or other
licensing authorities is hereby authorized to deny any application
for, or to revoke, or to suspend any license or permit, including
renewals and transfers thereof, for any person who is determined unfit
for the license, as determined by the licensing authority, due to
the information obtained pursuant to this section.
(C.O. 13-190, §§ 1—7, 9/16/2013; C.O. 12-006, § 1, 6/4/2012)