Town of Andover, MA
Essex County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Construction permit fees — See Art. VII.
Zoning — See Art. VIII.
Contractor's license — See Art. VII, § 1(a).
Dog licenses — See Art. XII, § 11.
Solicitor's registration card — See Art. XII, § 21.
License for storage of inflammables — See Art. XII, § 22.
Authority to require bond prior to issuance of license or permit — See Art. XII, § 25.
Licenses and tax delinquency — See Art. XII, § 32.
Demolition permit for historically significant buildings and structures — See Art. XII, § 33.
Subdivision Rules and Regulations — See Art. XIII.

§ 1 Taxis, express carriers, etc.

All owners and drivers of public conveyances of all kinds that may be used for public hire or for carrying express and baggage within the limits of the town shall be licensed by the Selectmen, under such conditions as they may determine.

§ 2 Junk dealers.

The Selectmen may, as provided by the General Laws of Massachusetts, license suitable persons to be collectors or dealers in or keepers of shops for the purchase, sale or barter of junk, old metals or secondhand articles.

§ 3 Obstruction of sidewalks and ways. [1]

(a) 
The Town Manager may grant a written license to any person to occupy or obstruct a sidewalk for a limited time for the more convenient erection, alteration or repair of a building, and he may in his discretion require the person to whom such license is given to furnish a satisfactory bond to the town to hold it harmless from all claims for loss or damage arising from such occupancy or obstruction. Whenever any sidewalk becomes obstructed under such license, the person doing the work or causing the same to be done shall place a good and convenient temporary walk around such obstructions when ordered to do so by the Town Manager or other officials having charge of the public streets.
(b) 
No person shall put, place or pile wood, lumber, stones or other materials within the limits of any public street or way within the town, without written permission of the Selectmen.
[1]
Editor's Note: See also Art. XII, § 3, regarding public obstructions and Art. XII, § 26, Depositing leaves or other refuse on streets.

§ 4 Bowling alleys.

The Selectmen may, pursuant to General Laws, Chapter 136, Section 4B, grant licenses for the operation of bowling alleys on the Lord's Day between the hours of 1:00 and 11:00 p.m.

§ 5 Elevator inspection. [1]

The Selectmen may require all elevators to be inspected periodically by the Building Inspector or by someone designated by the Board of Selectmen and may charge such fee for each inspection as they deem appropriate.
[1]
Editor's Note: See also Art. VII, § 1(a), for the elevator permit fee.

§ 6 (Reserved) [1]

[1]
Editor's Note: Former § 6, Town Clerk's fees, as amended 6-12-1990, Art. 74, was repealed 4-28-2003 ATM, Art. 37.

§ 7 Licensing and regulation of shooting galleries and shooting ranges. [1]

[Amended 6-19-1989, Art. 1]
(1) 
This Article shall apply to all indoor or outdoor shooting galleries or shooting ranges owned and operated within the Town of Andover. Licenses under this Article shall be issued only to an individual or individuals (as opposed to a corporation or other entity).
(2) 
For purposes of this Article, "shooting gallery" or "shooting range" shall mean any indoor or outdoor facility for the use of which a fee or other usage charge, including a club membership fee, is assessed to patrons or participants, and which is equipped with appliances for target shooting involving the use of firearms, as defined in MGL Ch. 140, § 121, or involving the use of rifles, shotguns, pellet rifles or pistols or any other weapon, the use or possession of which requires a license to carry firearms issued under MGL c. 140, § 131, or a firearms identification card issued under MGL Chs. 129B and 129C.
(3) 
No person shall operate within the Town of Andover a shooting gallery or shooting range, as defined above, without first obtaining a license for the operation of such facility from the Board of Selectmen of the Town of Andover, as licensing authority (the "Board of Selectmen").
(4) 
Applications for licenses or for renewals of licenses pursuant to this Article shall be on forms prescribed by the Board of Selectmen.
(5) 
The fee for such licenses shall be set by the Board of Selectmen in accordance with M.G.L. c. 40, § 22F.
[Amended 4-28-2003, Art. 37]
(6) 
Licenses issued pursuant to this Article shall be issued for terms not exceeding one year; shall expire on May first of the year following the date of issue; and may be renewed for additional one-year terms.
(7) 
In determining whether or not to grant or renew a license for the operation of a shooting gallery or shooting range pursuant to this Article, the Board of Selectmen shall apply the following criteria, in addition to such other criteria as the Board of Selectmen deems pertinent to the circumstances of a particular application:
(A) 
The applicant shall be an individual or individuals (as opposed to a corporation or other entity), who have not been convicted of a felony in the Commonwealth of Massachusetts or elsewhere within the 15 years immediately preceding the date of application and who have not been convicted of a misdemeanor arising out of the use or possession of firearms in the Commonwealth of Massachusetts or any other jurisdiction within the 15 years preceding the date of application.
(B) 
The applicant shall be of sound character and qualified in the judgment of the Board of Selectmen to hold a license for the conduct of a facility involving the use of potentially deadly instrumentalities.
(C) 
The application shall be reviewed on the basis of congestion in the area, areas which are inappropriate as a location for a shooting gallery or shooting range by reason of the proximity of churches, schools, hospitals, nursing homes, residences, establishments dispensing alcoholic beverages, stadiums, meeting halls, places of public assembly or uses incompatible or potentially incompatible with such a facility.
(D) 
To avoid unnecessary carrying of weapons by pedestrians, any shooting gallery or shooting range operated by authority of a license issued under this Article shall have on-premises parking sufficient to accommodate the anticipated number of patrons, as demonstrated to the satisfaction of the Board of Selectmen, and in any event such parking shall be no less than that required by the Andover Zoning By-Law.[2]
[2]
Editor's Note: See Art. VIII, Zoning, § VI.
(E) 
Prior to issuing a license hereunder the Board of Selectmen shall determine to its satisfaction that any facility proposed to be used for purposes of a shooting gallery or shooting range has adequate security for weapons and ammunition and that all persons who will be overseeing the operation of the facility are properly licensed to possess and handle weapons within the Commonwealth of Massachusetts.
(F) 
One or more of the individuals licensed to operate the shooting gallery or shooting range shall be present on the premises at all times while the facility is in operation. Exceptions to the requirements of this Subsection (F) for noncommercial operations of a shooting gallery by private groups may be made at the discretion of the licensing authority.
(G) 
No license shall be granted hereunder unless the applicant has demonstrated to the satisfaction of the Board of Selectmen that any facility operated pursuant to said license is constructed so as to be safe for the proposed use as a shooting gallery or shooting range and that it is equipped with soundproofing which will ensure that any sound caused by the discharge of firearms will not create a nuisance or annoyance. The Board of Selectmen may impose appropriate sound limitations as a condition to the issuance of any license granted hereunder.
(H) 
No license shall be granted hereunder unless the applicant has demonstrated to the satisfaction of the Board of Selectmen, and the Andover Fire Department has certified, that any storage of ammunition on the premises will be in compliance with all applicable fire and safety codes.[3]
[3]
Editor's Note: See Art. X, Fire Prevention Code.
(I) 
Nothing herein shall prevent the Board of Selectmen as licensing authority from taking into account any additional objective considerations pertinent to a particular application or proposed facility in determining whether or not the granting of the requested license or renewal is consistent with the public interest and the welfare and safety of the community and neighboring residents.
(8) 
No license or renewal issued hereunder shall take effect until the applicant has filed with the Town Clerk a bond running to the Town of Andover with sureties approved by the Town Treasurer, for such penal sum not exceeding $5,000 as the Board of Selectmen shall determine to be necessary, such bond to be conditioned upon the payment of any loss, damage or injury resulting to persons or property by reason of the conduct of such shooting gallery or shooting range which is the subject of the license or renewal.
(9) 
Any license issued hereunder shall be conspicuously displayed, unreduced in size, in a prominent location on any premises utilized for a shooting gallery or shooting range and shall contain the names and addresses of all persons to whom such license is issued.
(10) 
Whoever conducts a shooting gallery or shooting range without a license issued hereunder shall be subject to criminal penalties as provided by law, including the penalty provided in MGL Ch. 140, § 56A, and each day, or portion thereof, during which a facility is operated without a license issued hereunder shall constitute a separate violation.
(11) 
In issuing or renewing a license under this Article, the Board of Selectmen may impose such conditions, including limitations on the hours or methods of operation of the facility, as it deems appropriate to protect the public welfare and safety and the welfare and safety of nearby residents or properties.
(12) 
Violation of any condition of a license issued hereunder or noncompliance with any requirement of law or a failure to meet any of the criteria specified herein shall be grounds for denying, suspending, revoking or modifying such license or for taking such other action as the Board of Selectmen may deem appropriate, including legal action for the purpose of securing injunctive or other equitable relief, in addition to any other remedies provided by law.
(13) 
The provisions of this Article shall be severable and, if any provision hereof is determined, in whole or in part, to be unenforceable as inconsistent with any provisions of the State or Federal Constitutions or any provision of state or federal law, the remaining portions of this Article shall remain fully enforceable as if originally enacted without including the provision or provisions determined to be unenforceable.
[1]
Editor's Note: See also Art. XII, § 7, Hunting.

§ 8 Automatic amusement devices.

[Added 5-1-2000 ATM, Art. 86]
(a) 
In accordance with Massachusetts General Laws, Chapter 140, Section 177A, as amended, any individual or business desiring to keep and operate an automatic amusement device for hire, gain or reward shall secure an annual license from the Board of Selectmen. The Board of Selectmen shall not grant a license for any automatic amusement device which presents a risk of misuse as a gaming device.
(b) 
Automatic amusement devices that present a risk of misuse as gaming devices are those that have one or more of the following:
(1) 
The device involves matching, random numbers, patterns or cards.
(2) 
The device accumulates more than 26 plays.
(3) 
The device is equipped with a "knock off" switch, button or similar device.
(4) 
The device has a mechanism for adjusting the odds.
(5) 
The device has a remote control feature that can reset the device from another location.
(6) 
The device is capable of returning money to the player, other than the change for the excess amount put in.
(7) 
The device permits a player to pay for more than one game at a time.
(c) 
Each game on the device shall cost exactly the same amount for each player, and no player may change any aspect of the game by paying a different amount than any other player before or during the game. There shall be no metering device that accounts for both money/points in and money/points out.
(d) 
The maximum number of automatic amusement devices allowed on any single business premises shall be four except in the case of duly licensed arcades and amusement parks. Any individual or business desiring more than four automatic amusements devices on a single business premises shall require a special permit from the Board of Appeals. All licenses for automatic amusement devices granted by the Board of Selectmen shall be subject to inspection by the Andover Police Department to insure conformance with this amusement device by-law and the submitted application information. Any unlicensed automatic amusement device shall be subject to immediate seizure by the Andover Police Department.

§ 9 Outdoor dining.

[Added 4-30-2008 ATM, Art. 35]
(a) 
Outdoor dining licenses.
(1) 
Purpose, scope, authority. The purpose of this bylaw is to provide for the licensing of outdoor dining areas of appropriate design, configuration, and appearance that will be an amenity to the Town during the spring, summer and fall. The Board of Selectmen may issue annual outdoor dining licenses which shall be for the period from April 1 to October 31. Licenses shall be valid for one season and must be reapplied for annually.
(2) 
Conditions of the license. The Board of Selectmen shall impose such conditions on each license as the Board determines to be appropriate and in the best interest of the Town. License fees shall be established by the Board of Selectmen. The Board of Selectmen may also make such regulations governing outdoor dining licenses as the Board considers to be necessary or appropriate to carry out the purposes of this bylaw.
(3) 
Design and appearance.
[Amended 10-7-2009 STM, Art. 3]
a. 
Outdoor dining areas containing nine or more seats shall be separated from their surroundings by a perimeter fence or barrier. No such fences or barriers may damage the public sidewalk. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the applicant and shall be maintained in a safe and sanitary manner by the applicant. All trash receptacles shall be covered and trash removed nightly. All perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of each season. All furniture must be secured during the hours it is not in use.
(4) 
Pedestrian and wheelchair passage. In no event shall the placement of outdoor dining furniture, umbrellas, perimeter fences or barriers create a pedestrian or wheelchair passage width of less than four feet. Restaurants shall have an accessible path of travel through the dining area at least 36 inches wide.
(5) 
Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations.
(6) 
Other licenses and approvals. Approval of an outdoor dining area license shall not be construed as an approval of any other license or an approval for the alteration or extension of premises where alcoholic beverages are served. The serving or consumption of alcohol outside of premises duly licensed to serve alcohol is expressly forbidden unless approved by the Board of Selectmen.
(7) 
Temporary seating. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an outdoor dining area will not be considered an increase in the number of seats serving a restaurant or eating establishment and will not be counted toward any off-street parking requirement.
(b) 
Submission and approval of application.
(1) 
Filing procedure. Application for outdoor dining licenses shall be made to the Board of Selectmen, and a copy shall be submitted to the Board of Health and Public Safety Officer for their review. When located within the General Business and Mixed Use Zoning Districts, the applicant shall consult with the Design Review Board prior to seeking a license. Each application will include the name, address and telephone number of the restaurant owner, the proposed dates and times of operation, and a plan meeting the requirements of Section (2) below.
(2) 
Plan requirements. A neatly drawn scaled plan and seven copies shall be submitted with the application depicting the precise dimensions and location of the outdoor dining area; the arrangement of outdoor dining furniture, perimeter fencing, umbrellas, and any other obstruction; and the width of sidewalk available for pedestrian and wheelchair passage. The plan will also include a written description of the colors and materials to be used in the outdoor dining area. Photographs or samples of proposed furniture and materials shall be provided upon request of the Board of Selectmen or Design Review Board.
(3) 
Insurance. The licensee shall carry or require that there be carried workers compensation insurance for all employees and those of its contractors and/or subcontractors engaged in work at the dining facility, in accordance with the state workers' compensation laws. The licensee shall, prior to the issuance of the license, furnish a certificate of insurance to the Town evidencing coverage for workers' compensation insurance. In addition, the licensee shall carry comprehensive public liability and property damage liability insurance and, if applicable, liquor liability insurance, to cover the licensee and its contractors and subcontractors against claims due to accidents which may occur or result from operations under the license. Such insurance shall cover the use of all equipment related to the provision of sidewalk dining services. The comprehensive general liability policy shall insure against all claims and demands for bodily injury and property damage with respect to the sidewalk dining facilities and services and shall be in such form and amount as determined by the Board of Selectmen. The Town shall be named as an "additional insured" in all policies for such insurance. The licensee (and their heirs, successors and assigns in interest) shall also agree to hold harmless, defend and indemnify the Town of Andover and its employees and agents from any responsibility, liability and claims arising out of or related to the operations under the license. Where such insurance is renewed or replaced, the licensee shall furnish the Town with a certificate of insurance evidencing the same.
(4) 
Approval.
a. 
The Board of Selectmen may approve an outdoor dining license after determining that the design and location of an outdoor dining area is suitable to its environs and that all other requirements of the license have been met. The Board of Selectmen shall consider any comments made by the Board of Health, Safety Officer or Design Review Board prior to rendering a decision.
b. 
Upon approval of an outdoor dining area license by the Board of Selectmen, the owner and operator of the restaurant and the Board of Selectmen shall sign a license agreement prepared for these purposes by Town Counsel and shall pay any applicable license fee prior to the commencement of any activities under the license.
(c) 
Severability.
(1) 
If any provisions, paragraphs, sentence, or clause of this bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect.

§ 10 Licensing and Regulation of Mobile Food Vendors.

[Added 5-13-2014 ATM, Art. 63]
(a) 
The Board of Selectmen may grant licenses to persons whose business is a mobile food vendor. No person who is eligible for such a license shall conduct such business without being so licensed. This bylaw shall not require the Selectmen to grant said license if, in their opinion, the public good does not require it. For these purposes, in determining whether the public good is served, the Selectmen shall ascertain whether the traveling public will be inconvenienced in its use of the public ways and sidewalks, whether the business has sufficient parking and whether the public safety is protected.
(b) 
The Board of Selectmen shall establish an annual fee for such licenses.
(c) 
Licenses shall expire on January 1st of each year unless renewed by application to and approval by the Board of Selectmen and payment of the annual fee.
(d) 
The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and, in doing so, may impose such terms and conditions upon granting such licenses as it may consider appropriate.
(e) 
The Board of Selectmen may establish fines for violations of this bylaw or the regulations promulgated hereunder, not to exceed $300 for each such violation. Each day of the violation shall constitute a separate offense. In addition to any other applicable remedy, violations of this bylaw or the rules or regulations promulgated hereunder may be enforced by noncriminal disposition in accordance with MGL c. 40, § 21D. The Building Inspector, Health Inspector and police officers shall be enforcing persons.
(f) 
Any person conducting said business as of the adoption of the rules and regulations may continue to do so for up to 90 days, after which time, said business shall be discontinued unless a license has been issued. In entertaining an application, the Board of Selectmen shall apply the standards set forth in § 10(a) insofar as is practicable considering that the applicant has been operating prior to the Town enacting said bylaw.