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. 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:
IN GENERAL.
| 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 | 11.00 |
| Spayed females/neutered males | 7.00 |
| Unspayed females | 11.00 |
| 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.)
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. 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.
LICENSING BOARD.