City of Chicopee, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee as Ch. 6 of the 1976 Code. Amendments noted where applicable.]
188a Service station license application

§ 188-1 License period; notice of expiration.

Unless otherwise specified, licenses granted under this chapter shall expire on April 30 of each year, unless revoked, but they may be granted during April to take effect on the first day of May next ensuing. The City Clerk shall give at least 30 days' written notice to any licensee of the upcoming expiration of his license.

§ 188-2 Reconsideration of denied licenses.

[Added 11-20-1984; amended 9-1-2009]
No proposed licenses or amendments or restrictions which have been unfavorably acted upon by the City Council shall be considered by the City Council within one year of the date of unfavorable action.

§ 188-3 Denial of right to withdraw proposed license.

[Added 11-20-1984; amended 9-1-2009]
The City Council reserves the right, in its sole discretion, to deny the petitioner the right to withdraw his proposed license or amendment application after he begins his application for such proposed license or amendments.

§ 188-4 Applications to City Clerk.

[Amended 5-18-1999 by Ord. No. 99-26]
Applications for licenses under this chapter shall be filed with the City Clerk, who shall collect the fees as specified and make returns to the City treasury as soon as possible after the first of the month. All fees are to be paid at time of applying for licenses and are not refundable.

§ 188-4.1 Filing of lease agreement required for nonowner applicants.

[Added 4-17-2012 by Ord. No. 12-06]
All applicants who do not own the property upon which the license shall be used must file with the City Clerk at the time of the filing of the application a copy of the lease agreement or its equivalent.

§ 188-5 Auctioneers' licenses.

[Amended 9-1-2009]
A. 
An auctioneer's license may be granted to any suitable inhabitant of the City who has resided therein during the six months next preceding the application for such license to be an auctioneer therein for one year. The license fee shall be as set from time to time by the City Council.[1]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
B. 
A special auctioneer's license may be granted to any person not such an inhabitant of the City for days specified in the license. The license fee shall be as set from time to time by the City Council.[2] (See MGL c. 100.)
[2]
Editor's Note: The current fees are on file in the office of the City Clerk.

§ 188-6 Pool, bowling alley and shuffleboard establishment licenses.

A. 
Licenses may be granted to keep for hire billiard tables, pool tables, shuffleboards or bowling alleys. All places where pool, bowling alleys or billiards are used for hire shall be closed from 1:00 a.m. to 6:00 a.m., except on Saturday nights, when they shall close at 12:00 midnight. The license fee shall be as set from time to time by the City Council.[1] (See MGL c. 140, §§ 177, 178, 179 and 180.)
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
B. 
Bowling is permitted on Sundays between the hours of 1:00 p.m. and 11:00 p.m. (See MGL c. 136, § 4B.)

§ 188-7 Junk collectors' and pawnshop licenses.

[Amended 12-2-1980; 5-7-1985]
A. 
Any keeper of such shops shall place in a suitable and conspicuous area in his shop a sign having his name and occupation legibly inscribed thereon in large letters.
B. 
No keeper of a junk or pawnshop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, precious metal, old metal or secondhand articles from a minor, knowingly or having reason to believe him/her to be such.
C. 
No article purchased or received by such shopkeeper shall be sold until at least 30 days from the date of its purchase or from the date the receipt has lapsed.
D. 
No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, precious metal, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial number or identifying marks removed or apparently removed. For the purpose of this section, identifying marks shall include but not be limited to engravings, initials or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items.
E. 
Junk shops and pawnshops shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, precious metal, old metal or secondhand articles except during such hours.
F. 
Every keeper of a shop for the purchase, sale or barter of junk, precious metal, old metal or secondhand articles and every pawnbroker within the limits of the City shall keep a permanent bound book in which shall be written at the time of every purchase of any article a description thereof; the name, age and residence of the person from whom and the day and hour when such purchase was made; and such book shall at all times be open to the inspection of officers of the Police Department and of any person authorized by the Police Department to make such inspections.
G. 
Every such licensed dealer shall record every transaction on an index card supplied by the Police Department to such dealer. This card must be filled out completely with one article described on each card. These cards will be picked up daily by a police officer.

§ 188-7.1 Junkyards.

[Added 12-19-2000 by Ord. No. 00-86]
A. 
No person, firm, corporation, partnership or other entity shall maintain or operate a junkyard without first having obtained a license from the City Council.
[Amended 9-1-2009]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
JUNKYARD
Any lot or place which is exposed to the weather whereupon are kept for salvage purposes any motor vehicle or motor vehicle parts, iron, steel, brass, copper or any types of metals for the principal purpose of salvaging the same for their value.
C. 
Fencing required. A junkyard shall be entirely enclosed by a fence eight feet in height, which shall be neatly kept in good repair at all times and constructed of such material so as to exclude such area from public view. The City Council may, in its discretion, grant a waiver of the eight-foot requirement, upon a showing that the area to be maintained is neat and that the surrounding neighborhood is of a similar character and businesses. No advertising except to identify the business shall be placed on the fencing.
[Amended 9-1-2009]
D. 
Site plans. All applications for a junkyard license shall be accompanied by eight copies of a site plan, drawn to one to 20 scale, showing the following:
[Amended 9-18-2003 by Ord. No. 03-29]
(1) 
Existing and proposed lines of streets, ways, easements and public areas.
(2) 
Lot lines, with dimensions.
(3) 
Ownership, zoning and use of abutting land.
(4) 
Location of proposed and existing buildings, vehicle storage areas, other storage areas, outdoor work areas, parking areas and refuse disposal areas, if applicable.
(5) 
Location of existing and proposed lighting, signs and fences.
E. 
The City Council may impose reasonable restrictions which may include the following, but shall not be limited to the following:
[Amended 9-1-2009]
(1) 
Fire lanes.
(2) 
Hours of operation.
(3) 
Disposal of oils, gasoline or other flammable materials or liquids.
(4) 
Buffer zone.
(5) 
Height of deposited materials.
(6) 
Maintenance of premises.

§ 188-8 Public dance license.

[Amended 9-1-2009]
No person shall permit or allow any building or property to be used for public dances without first obtaining a license. The license fee shall be as set from time to time by the City Council.[1]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.

§ 188-9 Dealers and keepers of shops for secondhand articles.

[Amended 12-2-1980; 5-7-1985; 6-19-2007 by Ord. No. 07-55; 9-1-2009; 2-16-2010 by Ord. No. 10-03]
A. 
No person, firm or corporation shall engage in the business of operating a shop for the purchase, sale or barter of secondhand articles without obtaining a license therefor and complying with the terms of this section. Licenses may be granted to suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of secondhand articles.
B. 
Every keeper of a shop for the purchase, sale or barter of secondhand articles, precious metal, old metal or secondhand articles who operates within the City of Chicopee shall keep a permanent bound book in which shall be written at the time of every purchase of any article a description thereof, the names, age and residence of the person from whom and the day and the hour when such purchase was made; and such book shall at all times be open to the inspection by officers of the Police Department and by any person authorized by them to make such inspection.
C. 
A dealer or keeper of secondhand articles is one who keeps a shop, store or place of business for the primary or secondary purpose of purchasing or sale of used merchandise (e.g., furniture, appliances, furnishings, tools, clothing, jewelry, books, glass, DVDs, tapes, compact discs, electronic devices, etc.).
D. 
Those shops, stores and places of business which lease new merchandise and thereafter sell the same as used merchandise after its useful lease life expires shall not for purposes of this section be considered a dealer or keeper of secondhand articles and shall not be subject to the requirements of this section.
E. 
The license fee shall be set from time to time by the City Council.[1]
[1]
Editor’s Note: The current fees are on file in the office of the City Clerk.
F. 
No secondhand article purchased or received by such dealer or keeper shall be sold or otherwise disposed of until at least 30 days after the date of its purchase.
G. 
A dealer or keeper of secondhand articles who fails to comply with any of the above described requirements shall be subject to the following penalties:
(1) 
Revocation or suspension of the dealer or keeper license to do business within the City of Chicopee;
(2) 
A fine up to $500 per offense; or
(3) 
Any combination of Subsection G(1) and (2).

§ 188-10 Licenses for the sale or rental of firearms.

[Amended 9-1-2009]
Licenses may be granted to persons to sell, rent or lease firearms at a specified location. The license fee shall be as set from time to time by the City Council.[1] (See MGL c. 140 §§ 121 to 131, inclusive.)[2]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
[2]
Editor's Note: Former Sec. 6/II/7, Lodging houses, which originally followed this section, was repealed 4-7-1987.

§ 188-11 Open-air parking licenses.

[Amended 9-1-2009]
No person shall engage in the business of conducting or maintaining an open-air parking space without first obtaining a license. License fees are as set by the City Council.[1] (See MGL c. 1 40, §§ 70 to 84, inclusive.)
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.

§ 188-12 Pawnbroker licenses.

A. 
No person shall carry on the business of pawnbroker without first obtaining a license. The license fee shall be as set by the City Council.[1] Such licenses must be approved by the Chief of Police prior to the issuance. (See MGL c. 140, §§ 70 to 84, inclusive.)
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
B. 
No pawn broker in the City of Chicopee shall charge interest on loaned moneys, as a result of a pawning agreement or otherwise, in excess of 18% per annum. All loan or pawning agreements shall be in writing and shall clearly state the annual percentage rate for loaned moneys which result from a pawning agreement or otherwise.
C. 
Any keeper of such shops shall place in a suitable and conspicuous area in his shop a sign having his name and occupation legibly inscribed thereon in large letters.
[Added 5-7-1985]
D. 
No keeper of a junk or pawn shop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, precious metal, old metal or secondhand articles from a minor, knowingly or having reason to believe him/her to be such.
[Added 5-7-1985]
E. 
No article purchased or received by such shopkeeper shall be sold until at least 30 days from the date of its purchase or from the date the receipt has lapsed.
[Added 5-7-1985]
F. 
No keeper of a pawnshop and no keeper of a shop for the purchase, sale or barter of junk, precious metal, old metal or secondhand articles shall purchase or take in pawn any item if it appears that such item has had any serial number or identifying marks removed or apparently removed. For the purpose of this section, identifying marks shall include but not be limited to engravings, initials or similar inscriptions on rings, watches or other jewelry or similar inscriptions on other items.
[Added 5-7-1985]
G. 
Junk shops and pawnshops shall be closed except between the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper thereof and no junk collector shall purchase any junk, precious metal, old metal or secondhand articles except during such hours.
[Added 5-7-1985]
H. 
Every keeper of a shop for the purchase, sale or barter of junk, precious metal, old metal or secondhand articles and every pawn broker within the limits of the City shall keep a permanent bound book in which shall be written at the time of every purchase of any article a description thereof; the name, age and residence of the person from whom and the day and hour when such purchase was made; and such book shall at all times be open to the inspection by officers of the Police Department and by any person authorized by the Police Department to make such inspections.
[Added 5-7-1985]
I. 
Every such licensed dealer shall record every transaction on an index card supplied to them by the Police Department. This card must be filled out completely with one article described on each card. These cards will be picked up daily by a police officer.
[Added 5-7-1985]

§ 188-13 Slaughtering licenses.

[Amended 9-1-2009]
A license may be granted to carry on the business of slaughtering of meat, cattle, horses, mules, sheep or swine. The license fee shall be as set by the City Council.[1] (See MGL c. 94, §§ 118, 119, 120, 120A, 135 and 137.)
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.

§ 188-14 Storage of petroleum licenses.

A. 
Licenses may be granted for the storage of crude petroleum or any of its products. The license fees shall be as set by the City Council.[1]
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
B. 
All licenses granted under this section shall be granted with the restriction that said license be used within one year from the date of granting.
C. 
A certificate of registration shall be filed annually with the City Clerk on or before April 30. The fee for such registration shall be 1/5 of the amount of the fee for such licenses. (See MGL c. 148, §§ 9 and 13.) The Chicopee Housing Authority shall be exempt.
[Amended 11-8-1979]
D. 
No certificate of registration shall be granted until the Fire Department has forwarded to the License Committee all recommendations on applications before public hearing.
[Added 4-15-1980]

§ 188-15 Licenses for the sale of motor vehicles.

A. 
Persons may be licensed to buy, sell and exchange automobiles on specified premises. The license fee shall be as set by the City Council.[1] (See MGL c. 140 §§ 57, 58 and 59.)
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
B. 
Residency requirement.
[Amended 2-1-2000 by Ord. No. 00-2]
(1) 
No applicant for a second-class motor vehicle license under this section shall be granted a license unless said applicant has been a resident of the City for the entire year immediately prior to the date of application of the license.
(2) 
Any and all renewals shall be contingent upon continued residency or by obtaining and maintaining state incorporation status.
C. 
Application information; conditions.
[Added 1-16-1980; amended 11-7-1985]
(1) 
All applications for new licenses or alterations to existing licenses made in accordance with this section shall be accompanied by eight copies of a site plan drawn to a scale of one to 20, showing the following:
[Amended 4-16-1991 by Ord. No. 91-22; 3-16-1999 by Ord. No. 99-21E; amended 9-18-2003 by Ord. No. 03-30]
(a) 
Existing and proposed lines of streets, ways, easements and public areas.
(b) 
Lot lines with dimensions.
(c) 
Ownership, zoning and use of abutting land.
(d) 
Location of proposed and existing buildings, vehicle storage areas, other storage areas, outdoor work areas, parking areas and refuse disposal areas.
(e) 
Location of existing and proposed lighting, signs and fences or hedges.
(2) 
Additional information may be required by the City Council prior to the issuance of a license under this section.
[Amended 9-1-2009]
(3) 
Copies of the application shall be submitted to and reviewed by the Department of Planning and Development, the Board of Health, the City Engineer, the Building Commission, the Commission for the Disabled and the Fire Department at least 21 days prior to the hearing. Recommendations from said departments or officer or boards shall be sent to the City Council; provided, however, that failure of any such board, officer or agency to make recommendations within 21 days from receipt shall be deemed lack of opposition thereto.
[Amended 9-18-2003 by Ord. No. 03-32; 11-16-2004 by Ord. No. 04-104; 9-1-2009]
(4) 
Upon granting of a license, the Council may impose restrictions and conditions as to the operation of the business concerning hours of operation, fencing and screening, parking, vehicle storage, location of other outdoor storage, outdoor work area and/or other restrictions and conditions which the Council decides are necessary to protect the surrounding neighborhood from adverse impacts of the proposed activity.
[Amended 9-1-2009]
(5) 
It shall be the responsibility of the Building Commission or its designee to assure compliance with the various license provisions by the licensee.
(6) 
Failure on the part of the licensee to comply with the submitted plan or other conditions of the license shall be sufficient cause for suspension or revocation of the license by the Council, after a duly held hearing, with at least seven days' written notice being provided to the licensee and direct abutters.
[Amended 9-1-2009]
D. 
All applications for Class 1, 2 and 3, motor vehicle repair/auto body shop licenses shall be submitted to the Administrative Assistant and Part-Time Clerk concerning such application for background information on applicants in conjunction with the Registry of Motor Vehicles. No applicant shall be granted a license if he/she has been convicted of a felony within the last seven years.
[Added 10-15-1985; 10-21-2003 by Ord. No. 03-52]
E. 
Anyone granted a new Class 1 license shall automatically be granted a motor vehicle repair/auto body shop license. The combination fee shall be as set by the City Council.[2]
[Amended 9-1-2009]
[2]
Editor's Note: The current license fees are on file in the office of the City Clerk.
F. 
All applicants of a Class 1, 2 or 3 license shall be supplied a copy of this section either by the City Clerk's office or Council Secretary, and by signing their name in acknowledgment of having received application and a copy of this section, §§ 188-15 and 188-15.1; said acknowledgment to be kept with license in the City Clerk's office and a copy submitted to the License Committee Chairman.
[Added 11-7-1985; amended 2-1-2000 by Ord. No. 00-1; 9-1-2009]
G. 
A manufacturer, as defined in MGL c. 90, § 1, shall be required to obtain a Class 1 or Class 2 license in order to sell vehicles.
[Added 4-1-1986]
H. 
Class 1 license. Any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized, in writing, by such manufacturer or with some person authorized, in writing, by such manufacturer to enter into such contract and whose principal business is to enter into such contract and whose principal business is the sale of new motor vehicles, the purpose and sale of secondhand motor vehicles being incidental or secondary thereto, may be granted an agent's or a seller's license, provided that, with respect to secondhand motor vehicles purchased for the purpose of sale or exchange and not taken in trade for new motor vehicles, such dealer shall be subject to all provisions of this chapter and of rules, restrictions and regulations made in accordance therewith applicable to holders of a license of Class 2.
[Added 2-18-1992 by Ord. No. 92-15]
I. 
Class 2 license. Any person whose principal business is the buying or selling of secondhand motor vehicles may be granted a used car dealer's license; provided, however, that such person maintains or demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations imposed by MGL c. 90 § 7N 1/4. A used car dealer shall remain liable for all warranty repairs made and other obligations imposed by said MGL c. 90 § 7N 1/4.
[Added 2-18-1992 by Ord. No. 92-15]
J. 
Class 3 license. Any person whose principal business is the buying of secondhand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same or the buying or selling of parts of secondhand motor vehicles or tires or the assembling of secondhand motor vehicle parts may be granted a motor vehicle junk license.
[Added 2-18-1992 by Ord. No. 92-15]

§ 188-15.1 (Reserved) [1]

[1]
Editor’s Note: Former § 188-15.1, Class II licenses, added 2-16-1999 by Ord. No. 99-15, as amended, was repealed 4-17-2012 by Ord. No. 12-07.

§ 188-16 Motor vehicle repair/auto body shop license.

[Added 10-4-1983; amended 10-19-1993 by Ord. No. 93-48; 10-19-1993 by Ord. No. 93-49]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AUTO BODY SHOP LICENSE
Premises primarily used for body work of motor vehicles, including but not limited to auto body, muffler and exhaust systems and transmission repair and auto body painting. It includes towing service for automotive truck repair services and other repair services normally contracted for by individuals.
[Amended 1-16-2007 by Ord. No. 07-23]
MINOR REPAIRS
For the purposes of this section, "minor repair" of automobiles shall include only the type of work exemplified or so noted on the license as granted. The term "minor repairs" specifically excludes any type of repair that requires heavy or special equipment to perform the repair and specifically excludes repairs such as brake jobs, engine repair or replacement, parts repair or replacement and the like. The City Council may add to, modify or change this definition by specific reference on any license approved by the Council.
[Amended 9-1-2009]
MOTOR VEHICLE REPAIR LICENSE
Premises primarily used for repair work on motor vehicles, including but not limited to brake jobs, engine repair and replacement, electrical work, including, but not limited to, installation of audio/video equipment and/or remote vehicle starters, muffler and exhaust system and transmission repairs, as well as other repairs of any major or minor nature needed on automobiles or motor vehicles, exclusive of auto body work. It includes towing service for automotive, truck repair and other repair services normally contracted for by individuals.
[Amended 1-16-2007 by Ord. No. 07-23; 2-16-2016 by Ord. No. 16-3]
B. 
Anyone operating a motor vehicle repair business or auto body shop business shall be licensed by the City Council, who may impose restrictions and conditions as to the operation of the business as deemed necessary and reasonable by the City Council concerning hours of operation, fencing and screening, parking, vehicle storage, number of vehicles, location of outdoor storage, outdoor work area and/or other restrictions and conditions which the Council decides are necessary to protect the surrounding neighborhood from adverse impacts of the proposed activity.
[Amended 5-17-2005 by Ord. No. 05-129; 9-1-2009]
C. 
Licenses required. No person, firm or corporation shall engage in the business of operating an auto repair and/or auto body shop without obtaining a license therefor and complying with the terms of this section.
D. 
Each license shall comply with all City zoning ordinances. No auto repair license or auto body license shall be operated in such a way as to cause a nuisance.
E. 
Enforcement. It shall be the responsibility of the Building Department to assure compliance with this section.
F. 
Application, fee, license year.
(1) 
Applications for licenses hereunder shall be made to the City Clerk, on forms to be provided by the Clerk. Each application shall be accompanied by an annual fee as on file at the City Clerk's office, such fee to be approved by the City Council. Persons operating an auto repair and/or auto body shop shall provide and post an address in the City where such persons may be contacted during business hours and where notices and legal process may be served on such persons. If such address changes, the licensee shall notify the City Clerk immediately.
[Amended 9-1-2009]
(2) 
All applications for licenses for motor vehicle repair and auto body made in accordance within this section shall be accompanied by seven copies of a site plan, drawn to scale of one to 20, showing the following:
[Added 9-17-1998 by Ord. No. 98-58; amended 4-19-2005 by Ord. No. 05-120]
(a) 
Existing and proposed lines of streets, ways, easements and public areas.
(b) 
Lot lines, with dimensions.
(c) 
Ownership, zoning and use of abutting land.
(d) 
Location of proposed and existing buildings, vehicle storage areas, other storage areas, outdoor work areas, parking areas and refuse disposal areas.
(e) 
Location of existing and proposed lighting, signs and fences.
G. 
Expiration of motor vehicle repair/auto body licenses.[1]
(1) 
All licenses granted in accordance with §§ 188-15 and 188-16 of the Code of the City of Chicopee shall expire December 31 of each year.
(2) 
Notifications shall be sent of expiring licenses.
(3) 
The City Clerk shall be authorized for the first full year of enactment to prorate costs 1/12 per month.
[1]
Editor's Note: This subsection supersedes former § 188-16.1, Expiration of motor vehicle related licenses, added 2-18-1992 by Ord. No. 92-15.

§ 188-16.1 Vehicle detailing license.

[Added 9-18-2008 by Ord. No. 08-38]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
VEHICLE DETAILING
The washing, cleaning, polishing and/or buffing of motorized vehicles as a primary business.
B. 
Any person, partnership, corporation or other entity engaged in the business of vehicle detailing shall possess a license issued by the City Council.
C. 
Vehicle detailing licenses shall be subject to all of the provisions of § 188-16.
D. 
Any person, partnership, corporation or entity who possesses a Class I, II, III, or auto body license issued by the City Council shall be exempt from this section with respect to those vehicles which they have repaired or which are for sale.
E. 
This section shall take effect on January 2, 2009.
F. 
This section includes car washing facilities that do manual detailing.
G. 
Fee. The annual fee shall be set by the City Council and shall be on file with the Office of the City Clerk.
[Added 10-20-2009 by Ord. No. 09-26]

§ 188-17 Licenses for hawkers, peddlers and transient vendors.

[Amended 6-30-1981; 9-20-1983; 5-15-1984; 9-20-1984]
A. 
As used in this section, the following terms shall have the meanings indicated:
FLEA MARKET
Includes a market, indoor or out of doors, where new or used items are sold from individual locations, with each location being operated independently from another location. Items sold include but are not limited to household items, antiques, rare items, decorations and used articles.
[Added 2-2-1999 by Ord. No. 99-6]
HAWKER and PEDDLER
Includes any person, either principal or agent, who goes from town to town or from place to place in the same town selling or bartering or carrying for sale or barter or exposing any goods, wares or merchandise, either on foot or from any animal or vehicle. (See MGL c. 101, § 13.)
TRANSIENT VENDOR
Includes any person, either principal or agent, who engages in a temporary or transient business in the commonwealth selling goods, wares or merchandise, either in one locality or in traveling from place to place. (See MGL c. 101, § 2.)
B. 
Transient vendors.
(1) 
A transient vendor, before selling goods, wares or merchandise in Chicopee, must apply to the City Council for a license and must file a true statement of the average quantity and value of the stock kept or intended to be kept or exposed by him for sale. The City Council may, however, waive the filing of such list and fix a license fee in its discretion. (See MGL c. 101, §§ 1 through 12.)
[Amended 9-1-2009]
(2) 
Transient vendor group licenses.
[Added 10-20-1992 by Ord. No. 92-72]
(a) 
A transient vendor group license is a license that may be issued for a group, wherein one license only shall be required for the individual sellers involved (e.g., trade shows, dealer shows and the like).
(b) 
All such licenses shall be issued for a fixed period of time only and, where the time is not specified, shall be limited to a two-day period only.
(c) 
When a transient vendor group license is issued, only one license shall be issued for all sellers involved. The license involved must, as the circumstances dictate, either provide or keep for inspection purposes (and provide to the City for any future enforcement needs) accurate records of all sellers participating in any such show. Such records shall at a minimum provide a name and address wherein any sellers participating may be reached or served.
(d) 
Size of group. Unless otherwise stated on the license, the size of the group involved shall be limited to 10 or more vendors or sellers.
(e) 
License fees. The fee for such a group license shall be as follows:
[1] 
One to nine vendors: $25 per day per vendor.
[2] 
Ten to 25 vendors: $20 per day per vendor.
[3] 
Twenty-six to 49 vendors: $15 per day per vendor.
[4] 
Fifty to 100 vendors: $10 per day per vendor.
(f) 
One person or designee representing the group must be named as the agent for compliance with this chapter and be responsible for the group.
C. 
Hawkers and peddlers may sell without a license newspapers, religious publications, ice, flowering plants and uncultivated flowers, fruits, nuts and berries.
D. 
A license shall be required by hawkers and peddlers of meats, butters, cheese, fish and fresh fruits or vegetables. These would also include hot dogs, hamburgers, meat sandwiches/grinders, ice cream, flavored ice, and all other food items and snacks.
[Amended 11-16-2004 by Ord. No. 04-103; 5-21-2013 by Ord. No. 13-10]
(1) 
Upon the granting of a license, the Council may impose restrictions and conditions as to the operation of the business concerning hours of operation and/or other restrictions and conditions which the Council decides are necessary to protect the citizens of the City of Chicopee.
(2) 
An applicant seeking a license to operate an ice cream truck within the City of Chicopee shall be required to comply with the requirements of MGL c. 270, § 25, and 520 CMR 15.00, including, but not limited to, providing the City with permission to obtain a CORI information from the Board of Probation as detailed in MGL c. 6, § 172B 1/2. Failure to comply with the requirements of MGL c. 270, § 25, and 520 CMR 15.00 may result in a fine of $150 for a first offense; $250 for a second offense; and $500 for a third or subsequent offense.
E. 
Hawkers and peddlers may not sell jewelry, fruits, wines or spiritous liquors or, except under temporary licenses, small artificial flowers or miniature flags. (See MGL c. 101, § 17.)
F. 
This section relating to hawkers and peddlers does not apply to wholesalers or jobbers selling to dealers only or to persons selling by sample or otherwise for future delivery or to fuel oil dealers who do not solicit direct sales from house to house or by outcry, sign or signal or to persons selling fish or farm products obtained by the labor of himself or his family or to persons selling for charitable purposes under MGL c. 101, § 33, or to persons licensed under MGL c. 94, § 40, to sell eggs, milk and milk products. (See MGL c. 101, § 15.)
G. 
This section does not apply to costume jewelry with a value of not more than $10 per piece made by a nonprofit or charitable organization. (See MGL c. 101, § 16.)
H. 
No street or alley shall be blocked by any merchandise offered for sale hereunder. A two-foot passageway for pedestrians shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extend into any street or alley. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard.
I. 
The Police Department shall make sufficient inspections to ensure compliance with this section.
J. 
License fee for hawkers and peddlers and transient vendors shall be as set by the City Council.[1]
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.
K. 
A license fee for a flea market shall be $500 per year. Each licensee shall be requested to keep accurate records of the names and addresses of each flea market seller, together with a brief description of the type or types of merchandise offered for sale by that seller.
[Added 2-2-1999 by Ord. No. 99-7]

§ 188-17.1 Solicitation of charitable organizations.

[Added 2-19-1991 by Ord. No. 91-1A]
A. 
No person or organization shall solicit in the City without obtaining a license from the City Council.
[Amended 9-1-2009]
B. 
The application is to be obtained and filed with the City Clerk for public record and posting.
C. 
The application must be approved by the Chief of Police prior to the public hearing set by the City Council.
[Amended 9-1-2009]
D. 
The applicant must register the organization, sponsor and benefactor of charitable event and provide a date and a time when the event is to take place and where the event is to be held.
E. 
Means of identification must be made available and open to the viewing public with the accompanying license.
F. 
Fees to any and all charitable organization(s) are to be waived. Applications by charitable organizations are to be submitted to the Safety Committee.
G. 
"Charitable organizations" are defined to mean public service or human service corporations or associations who operate on a not-for-profit basis.
H. 
The penalty or fine for any individual, group of individuals, corporation or association found to be in violation of this chapter shall be $50 for each and every violation, and each day or portion of a day soliciting without an authorized license shall be considered a separate violation.
I. 
"Soliciting," as used in this chapter, shall be restricted in meaning to the seeking of money without the providing of anything in return. "Soliciting," as defined therein, is not intended to cover charitable organizations who provide some item in return for a fee such as poppies, badges, etc.
J. 
Licenses for solicitation shall be limited by time and general location and must be displayed on the person or persons so licensed.
K. 
The intent and purpose of this section of the Code is to require reporting procedures for solicitation in neighborhoods or through approaching people in the street, or on bridges or other public ways.
[Added 3-17-1992 by Ord. No. 92-19]
L. 
This section of the Code is not intended to apply to school-related groups or the like who run dances or who sponsor fund raisers on school or City property for the benefit of the school or any City function or department.
[Added 3-17-1992 by Ord. No. 92-19]
M. 
This section of the Code is to be strictly construed in relation to Subsection K and is to be liberally construed in relation to Subsection L.
[Added 3-17-1992 by Ord. No. 92-19]
N. 
Hours for solicitation in neighborhoods or through approaching people in the street or bridges or other public ways will be limited to the hours from 9:00 a.m. until dusk.
[Added 4-20-1993 by Ord. No. 93-10]

§ 188-18 Taxi licenses.

[Amended 9-1-2009]
The taxi driver's and operator's license fee shall be as set by the City Council. (See Chapter 250 of this Code.)

§ 188-19 Intelligence office licenses.

[Amended 9-1-2009]
Licenses may be granted to suitable persons to establish an intelligence office for the purpose of obtaining or giving information concerning places of employment, etc., as provided in MGL c. 140, §§ 41 to 46. The fee for said license shall be as set by the City Council.[1]
[1]
Editor's Note: The current fees are on file in the office of the City Clerk.

§ 188-20 Service and self-service station licenses.

[Added 8-2-1977; amended 12-20-1977; 6-21-1983; 3-18-1997 by Ord. No. 97-16]
A. 
Any person, firm or corporation desiring to operate or maintain a motor fuel service station or a self-service motor fuel station in the City of Chicopee shall make application therefor. Such application shall specify the location and ownership. If a part of the station is to be a full-service motor fuel station and a part is to be a self-service motor fuel station, only one permit is required. The plot of land for which the petitioner is requesting a motor fuel service station or self-service motor fuel station license must be properly licensed for the storage of petroleum (§ 188-14) by the Chicopee City Council.
[Amended 9-1-2009]
B. 
Applications.
(1) 
All applications for new licenses, transfers and any and all interior or exterior or alterations to the existing premises or licenses shall be accompanied by seven copies of a site plan, drawn to a scale of one to 20, showing the following:
[Amended 3-16-1999 by Ord. No. 99-21D; 9-18-2003 by Ord. No. 03-31; 6-21-2005 by Ord. No. 05-154; 11-15-2005 by Ord. No. 05-175]
(a) 
Existing and proposed lines of streets, ways, easements and public areas.
(b) 
Lot lines with dimensions.
(c) 
Ownership, zoning and use of abutting land.
(d) 
Location of proposed and existing buildings, vehicle storage areas and other storage areas.
(e) 
Location of existing and proposed lighting, signs and fences or hedges.
(f) 
Location of existing or proposed underground or aboveground storage tanks and all associated equipment.
(2) 
All such plot plans shall have the approval of the Chief of the Chicopee Fire Department and the City of Chicopee Building Commissioner affixed to them.[1]
[1]
Editor's Note: Former Subsection B(3), which immediately followed this subsection and provided that transfers of existing licenses would not be subject to Subsection B, was repealed 11-15-2005 by Ord. No. 05-175.
C. 
The fee for a license to operate a motor fuel or self-service motor fuel station shall be $100 for a new license or substantial changes in the facilities as determined by the Fire Department or Building Inspector.
[Amended 5-19-1998 by Ord. No. 98-23]
D. 
The license is granted to the petitioner only. Any subsequent person, firm or corporation must make application therefor prior to the commencement of operations.
E. 
The license is granted on the condition it may be summarily revoked or suspended for cause.
F. 
Self-service motor fuel stations must have an attendant at the gasoline-dispensing console at all times. This attendant:
(1) 
Must have an unobstructed visual contact with the product dispensers while motor fuel is being dispensed.
(2) 
Must not leave the console while motor fuel is being dispensed.
(3) 
Will turn off the dispensing console if required to leave the console.
(4) 
Must have a two-way communications system between the dispensing console and the product dispensers.
G. 
There shall be no vehicle parking allowed in the area between the dispensing console and the product dispensers.
H. 
Before the fuel tank of any vehicle is serviced, the motor and ignition of the vehicle must be turned off.
I. 
No smoking shall be allowed on the premises of a motor fuel station or a self-service motor fuel station at any time.
J. 
Each self-service motor fuel station and the self-service portion of a split-island motor fuel station, shall be equipped with a fire suppression system. The fire suppression system shall be approved by the Commonwealth of Massachusetts Fire Marshal and shall be maintained in accordance to applicable Massachusetts General Laws (MGL) and Code of Massachusetts Fire Prevention Regulations (CMR).
K. 
All motor fuel stations and self-service motor fuel stations shall be maintained and conducted so that vehicular traffic and pedestrian traffic is not obstructed. All buildings shall be kept in a neat, clean condition. All driveways and adjacent streets and sidewalks shall be kept clean and free of trash.
L. 
All new self-service motor fuel stations or any self-service motor fuel station undergoing a major renovation(s) as determined by the Fire Department shall have restrooms and provide compressed air.
(New = Post
________)
  date
M. 
All motor fuel service stations and self-service motor fuel stations shall be equipped with one portable fire extinguisher, with a minimum classification of 40-B:C, for every 1,000 square feet of floor area.
N. 
The Fire Department shall inspect all motor fuel stations and self-service motor fuel stations within the City often enough to assure compliance with this chapter.
O. 
Failure to comply with the restrictions herein will be deemed just cause for the revocation of the self-service motor fuel permit.
P. 
All new motor fuel stations must have adequate on-site drainage installed. At existing motor fuel service and self-service motor fuel stations, adequate on-site drainage must be installed upon repaving or major renovation of the station. On-site drainage shall be installed with review and approval of the Department of Public Works.
Q. 
A self-service motor fuel station shall mean any business selling or offering for sale any motor fuel such as gasoline or diesel to the public where the public is permitted and expected to operate the pump to put fuel into the vehicle's tank and no repairs or other services, excluding washing of windows and checking of oil, are performed on a fee basis.
[Added 5-19-1998 by Ord. No. 98-22]
R. 
A motor fuel service station shall mean any business selling or offering for sale any motor vehicle such as gasoline or diesel fuel to the public where the public is not permitted and expected to operate the pump to put fuel into the vehicle's tank and where the public is offered repairs, and/or other services for a fee.
[Added 5-19-1998 by Ord. No. 98-22]

§ 188-21 Denial of license for default.

[Added 9-21-1978]
A. 
No person, firm, corporation, partnership, or other entity shall be granted a license on any property which is in default on the payment of taxes, license fees, or other fees or money owed to the City by either the applicant or the property owner without the consent of a two-thirds vote by the full City Council.
[Amended 5-20-2003 by Ord. No. 03-16; 2-21-2006 by Ord. No. 06-183; 9-1-2009]
B. 
No license or permit granted under this chapter and subject to renewal shall be renewed in any year by any license holder who is in default on the payment of taxes, license fees, or other moneys due the City, or if the owner of said property has not paid taxes, fees or other moneys owed to the City without the consent of a two-thirds vote by the full City Council.
[Amended 5-20-2003 by Ord. No. 03-16; 2-21-2006 by Ord. No. 06-183; 9-1-2009]
C. 
The applicant will attest, in writing, prior to the granting of the license or renewal that the conditions set forth in Subsections A and B relative to all payments due are fulfilled on the license premises.
[Added 3-18-1997 by Ord. No. 97-15]
D. 
At any time, if it is found that the conditions listed in Subsections A and B are not fulfilled, the license or its renewal may be revoked by a majority vote of the City Council.
[Added 3-18-1997 by Ord. No. 97-15; amended 2-21-2006 by Ord. No. 06-183; 9-1-2009]

§ 188-22 (Reserved) [1]

[1]
Editor's Note: Former § 188-22, Home occupations, added 2-20-1990, was repealed 3-16-1999 by Ord. No. 99-3. For current provisions, see Ch. 275, Zoning.

§ 188-23 Operating without a license or in default of any one or more conditions attached to license.

[Added 3-19-1996 by Ord. No. 96-12; 5-18-1999 by Ord. No. 99-29; 2-15-2000 by Ord. No. 00-22; 4-17-2007 by Ord. No. 07-37]
A. 
Any person, firm or corporation found operating a business without a license or proper permit shall, by order of the Building Commissioner, cease said operation immediately and shall be fined $200 for the illegal operation.
B. 
Failure to cease operation as directed will subject the operator to additional daily fines of $50.
C. 
Nonoperation shall continue until such time as a proper license with restrictions is issued by a vote of the full City Council.
[Amended 9-1-2009]
D. 
Anyone granted a license under this chapter shall have 10 working days from the date of final passage by the full City Council to pick up the license from the City Clerk's office. Failure to pick up the license after the expiration of the 10 working days shall cause the license to become null and void.
[Amended 9-1-2009]
E. 
If it is found that the license holder has failed to comply with any one or more of the conditions imposed upon a license granted to the license holder under this chapter, the City Council may: revoke the license; suspend the license for a specific period of time; fine the license holder; or any combination thereof, as determined by the City Council. The potential fine shall be not less than $50 nor more than $500 per violation and shall be paid within 30 calendar days from the day the penalty was imposed and approved by the City Council.
[Amended 9-1-2009]

§ 188-24 Limit on number of licenses.

[Added 4-20-1999 by Ord. No. 99-25; amended 9-1-2009]
The City of Chicopee reserves the right to limit the number of licenses existing on any one lot. The City Council in making its decision to limit the number of licenses shall take into account the nature of the licenses, the impact upon the neighborhood, the difficulties existing in the enforcement of the licenses and the ability of the property owner to adequately provide delineation as to the area(s) used by a license.

§ 188-25 Records retention.

[Added 10-16-2012 by Ord. No. 12-26]
The City Council may include the following record retention requirements as a restriction on any license granted under this chapter.
A. 
Computerized records. The license holder shall keep a computerized record of any and all transactions in a format to be determined by the Chicopee Police Department.
B. 
Identification of customer.
(1) 
The license holder shall require positive identification from any and all persons or entities who sell, pawn, pledge or otherwise deposit any item with the license holder. The license holder shall identify the type of identification provided and record the name, residence, date of birth, and social security/identification number on a form to be approved by the Chicopee Police Department. "Positive identification" shall mean any picture identification card issued by a governmental entity.
(2) 
The license holder shall photograph any person pawning, selling, pledging or otherwise depositing any item with the license holder. The required photo shall be clear and of such quality that the person shall be clearly identified. A photo shall be required each time a person makes a separate transaction. Said photographs shall be stored in a digitized format, and the image must be retrievable and a clear copy provided to police upon request. The above-described photos shall be maintained by the license holder for a minimum of three years.
(3) 
The license holder shall transmit this digitized identification information to the Chicopee Police Department in a format to be determined by the Chicopee Police Department and as often as required by the Chicopee Police Department.
C. 
Transaction records.
(1) 
The license holder shall accurately describe all items pawned, sold, pledged, or otherwise deposited with the license holder. This description shall include, but shall not be limited to, all distinguishing marks, etchings, engravings, model names, model numbers and serial numbers. Any jewelry with an affiliation to any institution or organization shall include the name of said institution or organization, year and inscribed initials, if any. Any and all descriptions of items of jewelry shall include the material, ring size (if applicable), weight, length (if applicable), shape and color. Descriptions of coins, stamps, collectible cards, autographed items, figurines or other collectibles of any description shall include any identifying features such as the name of the item, date, denomination, color, size, brand name, vintage and image represented.
(2) 
The license holder shall photograph any and all items pawned, sold, pledged or otherwise deposited with the license holder. The required photo shall be clear and such quality that the item(s) shall be clearly identified. The photos shall be stored in a digitized format and the image must be retrievable and a clear copy provided to police upon request. The above described photos shall be maintained by the license holder for a minimum of three years.
(3) 
The license holder shall transmit this digitized transaction information to the Chicopee Police Department in format to be determined by the Chicopee Police Department and as often as required by the Chicopee Police Department.
D. 
Reporting of stolen items.
(1) 
The license holder shall immediately report to the Chicopee Police Department all incidents where a person claims that articles stolen or wrongfully taken from him are in the possession of the license holder or located within his place of business. In the event that a person makes such a claim, the license holder shall ask the complaining party to remain in the licensed premises and immediately contact the Chicopee Police Department and request that a police report be taken. The item(s) in question shall be tendered to the Chicopee Police Department or stored in a safe place in the licensed premises until such time as otherwise directed by the Chicopee Police Department. If the complaining party does not wish to wait for the arrival of the Chicopee Police Department, the license holder shall secure as much information as possible from the complaining party and immediately provide the same to the Chicopee Police Department.
(2) 
All unusual or suspicious activity which may involve criminal behavior that occurs in or near the licensed premises shall immediately be reported to the Chicopee Police Department.
E. 
Violations. Any person or entity which violates any provision of this section shall be subject to the suspension or revocation of the license granted. The City Council may, in addition to or in lieu of a suspension or revocation, impose a fine of not more than $300 per violation, enforcement by the Chicopee Police Department.