CHAPTER 12.
LICENSES.

As to licensing of bus owners, see §§ 5-5 to 5-9 of this Revision. As to bus operator's license, see §§ 5-10 to 5-13. As to licensing of taxicabs and jobbing trucks, see §§ 5-17 to 5-21. As to license to barter or sell fruit, fish or meat, see §§ 10-2 to 10-4. As to licensing of junk and secondhand dealers, see §§ 11-1 to 11-5. As to licensing of public amusements, see §§ 19-2 to 19-4. As to licensing of dances and dancehalls, see §§ 19-8 to 19-11.

Article I. In General.

§ 12-1. Conditions for issuance of permits and licenses.

§ 12-2. Fees– Schedule.

§ 12-3. Same– Payment.

§ 12-3A. Permits for work in watershed protection district.

Article II. Licensing Board.

§ 12-4. Membership– Appointment– Term.

§ 12-5. Designation of chairman– Quorum.

§ 12-6. Records and reports.

§ 12-7. Granting of liquor licenses.

Article III. Licenses and Permits of Delinquent Taxpayers.

§ 12-8. Denial, revocation or suspension of certain licenses and permits of delinquent taxpayers.

ARTICLE I.
IN GENERAL.

Sec. 12-1. Conditions for issuance of permits and licenses.

Every officer in charge of a department issuing a permit or license shall insert therein the following conditions:

(a) That the person accepting such permit or license shall conform to the statutes and ordinances and the specifications in such license or permit;

(b) That, unless otherwise provided by law, the license or permit may be revoked at any time by the authority issuing it;

(c) That the violation of any specifications of such license or permit shall work an immediate revocation of the same;

(d) That any person accepting such license or permit shall indemnify and save harmless the city from any damage it may sustain or be required to pay by reason of the doing of the work licensed or permitted, or by reason of any act or neglect of himself or of any of his employees relating to such work, or by reason of any violation of any specifications of such permit or license;

(e) That all business entities requesting any permit or license from any multiple member body or the city council must file a form, provided by the city, disclosing the legal existence and nature of the business entity. For purposes of this section, "business entity" shall include, but is not limited to, corporations, partnerships and individuals or other entities doing business under another name. The inclusion of any false or incomplete information on such form shall constitute grounds for denial, suspension or revocation of the permit or license in accordance with applicable statutes, rules or regulations;

(f) Any applicant requesting a license to store chemicals in solid, liquid or gaseous form to be used in any type of manufacturing, blending or repackaging shall be required to provide a comprehensive scope and process safety management analysis to completely describe the type of work to be done on site;

(g) Any business entity requesting a license for storage of any chemicals in solid, liquid or gaseous form with the intent that the chemicals will be utilized in any type of manufacturing, blending or repackaging shall not be granted such license until the application is reviewed by a Massachusetts-registered Professional Engineer in the field as determined and selected by the city council, with such review and report to be made at the applicant's expense;

(h) Any company deemed to be creating a hazardous environment as determined by the Massachusetts-registered Professional Engineer referenced in subsection (g) of this section, shall not be allowed to locate in a residential area or proximate to any school or daycare center;

(i) Employees right to know information for any property licensed by the city council to store chemicals utilized in any type of manufacturing, blending or repackaging shall be submitted to this city's office of emergency management.

Nothing contained in this section shall be construed to prevent the insertion of any other conditions or specifications deemed advisable by the authority issuing such license or permit.

(R. O. 1960, ch. 31, § 10; 3-8-99; 2-26-07.)

Sec. 12-2. Fees– Schedule.

Fees for licenses are hereby established as follows:

1. Auctioneers
For one year	$25.00
Special license for each day specified	15.00
2. For issuing and recording licenses to keepers of billiard saloons, pool or sippio rooms or tables, bowling alleys, etc.
For first table or alley	30.00
For each additional table or alley	15.00
3. Circuses etc.
If admission price fifty cents or more	50.00
If admission price less than fifty cents	35.00
4. Dancehalls	25.00
5. Firearms, sale of	5.00
6. Garages	10.00
Registration fee	5.00
7. Inflammable crude petroleum and petroleum products:
(a) Keeping for sale:
Not more than 3,000 gallons	35.00
Not more than 5,000 gallons	40.00
Not more than 10,000 gallons	50.00
Not more than 30,000 gallons	60.00
Not more than 100,000 gallons	75.00
Not more than 200,000 gallons	90.00
More than 200,000 gallons	100.00
(b) On or before April 30th of each year, registration fees for annual renewals of licenses for keeping for sale of crude petroleum or any of its products shall be one-half the license fee as set forth in the preceding paragraph.
(1) Any license to store chemicals in solid, liquid or gaseous form with the intent that these chemicals be used in any type of manufacturing, blending or repackaging, shall require that the process safety management analysis prepared under federal OSHA regulations (29 CFR 1910.119) be forwarded to the council for review upon its five-year revision required under the Federal Code.
(c) Keeping or storing:
Not more than 300 gallons	8.00
Not more than 1,000 gallons	30.00
More than 1,000 gallons	40.00
(d) On or before April 30th of each year, registration fees for annual renewals of licenses for the keeping or storing of crude petroleum and any of its products shall be one-half the license fee as set forth in the preceding paragraph.
(e) Additional fees to be added to the above fees to cover advertising, city's interest and postage.[Amended at city clerk's request.]
8. Hawkers and peddlers	15.00
9. Innholders	10.00
10. For issuing and recording licenses to keepers of intelligence offices	25.00
11. Junk dealers, etc. (See chapter 11, sec. 11-5)
12. Liquor licenses, third or fifth class	1.00
13. Lodginghouses	25.00
14. Motor vehicles as common carriers, each	10.00
15. Motor vehicles as common carriers, operators of	1.00
16. Motor vehicles, sale of second-hand, all classes	10.00
17. Sale of certain articles on the Lord's day	5.00
18. Skating rinks	10.00
19. Sunday entertainment licenses, authorized under Massachusetts General Laws, chapter 136, section 4:
Single application	5.00
Annual license	75.00
20. Taxicabs and jobbing truck operators	15.00
21. Taxicabs, jobbing trucks and limousines	20.00
22. Theatres and public amusements:
One performance or one week	1.00
One year	30.00
23. Victuallers, common	25.00
24. For filing and indexing assignment for the benefit of creditors	10.00
25. For entering amendment of a record of the birth of a child born out of wedlock subsequently legitimized	25.00
26. For correcting errors in a record of birth	25.00 27. For furnishing certificate of a birth $10.00 28. For furnishing an abstract copy of a record of birth (3 x 5 card) 5.00 29. For entering delayed record of birth 25.00 30. For filing certificate of a person conducting business under any title other than his real name 20.00 31. For filing by a person conducting business under any title other than his real name of statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or change of location of such business 10.00 32. For furnishing certified copy of certificate of person conducting business under any title other than his real name or a statement by such person of his discontinuance, retirement or withdrawal from such business 5.00 33. For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the commonwealth 20.00 34. For correcting errors in a record of death 25.00 35. For furnishing a certificate of death 10.00 36. For issuing and recording license of pawnbrokers 100.00 37. For entering notice of intention of marriage and issuing certificates thereof 15.00 38. For entering certificate of marriage filed by persons married out of the commonwealth 5.00 39. For issuing certificate of marriage 10.00 40. For correcting errors in a record of marriage 25.00 41. For recording power of attorney 10.00 42. For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof 20.00 43. For recording the name of the owner of a certificate of registration as a physician or osteopath in the commonwealth 20.00 44. For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase in number of wires and cable or attachments under the provisions of sec. 22, chapter 165, flat rate 40.00 additional streets 10.00 45. For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than 5.00 46. For copying any manuscript or record pertaining to a birth, marriage or death, per page 5.00 47. For receiving and filing of a complete inventory of all items to be included on a "closing out sale" etc., first page 10.00 additional page 2.00 48. For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, or any amendment thereof as provided by sec. 2, chapter 182 20.00 49. For recording deed of lot or plot in a public burial place or cemetery 10.00 50. Recording any other documents, first page 10.00 additional page 2.00 51. Voter's certificate (3 × 5) 3.00 52. Dog licenses: Male dogs 15.00 Spayed females/neutered males 10.00 Unspayed females 15.00 53. Zoning petitions, filing fee 200.00 54. Floodplain permits, filing fee 200.00 55. Board of appeals applications, filing fee 200.00 56. City council special permits, filing fee 200.00 57. Automatic amusement device 50.00 58. Special permit fees– Water Supply Protection District 59. Conservation commission requests for a determination of applicability, filing fee 25.00 Agricultural/ Open Land Single-Family/ Subdivision Multi-Family/ Residential Industrial/ Commercial Base fee $ 50.00 $150.00 $ 500.00 $1,000.00 Plus for each acre or fraction thereof over ten acres 1.00 3.00 20.00 40.00 Maximum fee 100.00 300.00 1,000.00 2,000.00 In addition to the above, a fee of seventy-five dollars will be added for an application to construct an addition to an existing structure, providing that said addition is less than seventy-five percent of the existing structure. Also for any proposal of mixed land-use, the higher fee will control. (R. O. 1960, ch. 38, § 1; 8-2-68; 12-27-71; 2-23-81; 7-13-81; 12-14-81; 7-26-82; 8-23-82; 12-13-82; 12-27-83; 7-23-84; 2-25-85; 7-14-86; 12-11-89; 10-28-96; amended during 5-98 supplement; 7-10-00; 4-22-02; 3-24-03; 11-22-04; 2-14-05; 2-26-07; 6-25-07.) (5-24-10) Sec. 12-3. Same– Payment. Every application for a license or permit must be accompanied with the amount of the fee. If the application is not granted, the fee shall be returned. (R. O. 1960, ch. 38, § 2.) Sec. 12-3A. Permits for work in watershed protection district. City employees or agents shall submit to the city council photocopies of any and all licenses or permits issued regarding the repair or construction of dwellings, dwelling units, or other buildings located within the "Watershed Protection District" as set forth in the Leominster zoning ordinance. Said photocopies shall be filed with the city clerk within forty-eight hours of issuance of the permit. License or permit issuing agents shall include, but not be limited to, the building inspector, the environmental inspector, the gas and plumbing inspector, the electrical inspector and the health inspector. (9-27-04.) ARTICLE II. LICENSING BOARD. Sec. 12-4. Membership– Appointment– Term. The licensing board shall consist of three persons appointed by the mayor in accordance with the provisions of section 4, chapter 138 of the General Laws. On or before the first Monday in June of every even-numbered calendar year the mayor shall appoint one member of this board, subject to confirmation by the city council, to serve for a term of six years from such first Monday in June or until his successor is chosen and qualified. (R. O. 1960, ch. 22, §§ 1, 2.) Sec. 12-5. Designation of chairman– Quorum. The mayor shall designate one member of the board to be its chairman who shall also act as secretary. Two members shall be a quorum for the transaction of business. (R. O. 1960, ch. 22, § 3.) Sec. 12-6. Records and reports. The board shall keep a record of its doings and hearings and shall make a quarterly report of its doings to the mayor. (R. O. 1960, ch. 22, § 4.) Sec. 12-7. Granting of liquor licenses. Every liquor license granted by the board shall be signed by the members thereof and shall be recorded in the office of the board. The licensee shall pay the recording officer one dollar for recording the license. (R. O. 1960, ch. 22, § 5.) Sec. 12-7.1. Restrictions on alcoholic beverages in food service establishments. No person or entity licensed to sell food products shall allow the consumption of alcoholic beverages on the licensed premises, unless (A) they also hold a license to sell alcoholic beverages issued by the license commission pursuant to G.L. c. 138, or (B) they are expressly permitted to allow patrons to bring and consume their own alcoholic beverages into the licensed premises ("BYOB"). Such permission may only be granted by the license commission as an express condition on the common victualler license or other license to sell food products. The license commission may consider factors including, but not limited to, the public need or convenience, traffic, noise, size, type of business and the reputation of the applicant. Upon receipt of a request from a licensee to allow patrons to bring and consume alcohol on the licensed premises, the license commission shall conduct a public hearing on said request, with notice of said hearing to be published in the manner set forth at G.L. c. 138, § 15A at the licensee's expense. Any violation of the provisions of this section shall constitute grounds for suspension or revocation of the common victualler license or other license to sell food products. (4-14-08) Editor's note: Ord. adopted April 14, 2008, set out provisions intended for use as § 12-8. Inasmuch as § 12-8 currently exists in the Code, and at the editor's discretion, these provisions have been included as § 12-7.1. ARTICLE III. LICENSES AND PERMITS OF DELINQUENT TAXPAYERS. Sec. 12-8. Denial, revocation or suspension of certain licenses and permits of delinquent taxpayers. (a) The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board. (b) The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceedings and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the city as the date of issuance of said certificate. (c) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. (d) The city council may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section 1 of chapter 268 of the General Laws in the business or activity conducted in or on said property. (e) This section shall not apply to the following licenses and permits: open burning, section 13 of chapter 48; bicycles permits; section 11A of chapter 85; sales of articles for charitable purposes, section 33 of chapter 101; children work permits, section 69 of chapter 149; clubs, associations dispensing food or beverage licenses, section 21E of chapter 140; dog licenses, section 137 of chapter 140; fishing, hunting, trapping license, section 12 of chapter 131; marriage license, section 28 of chapter 207 and theatrical events, public exhibition permits, section 181 of chapter 140. All of the foregoing references in this subsection (e) are to the General Laws. (9-14-92.)