City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents
[1]
Cross references: Authority of officers and boards to grant licenses and permits, § 1-13; Board of License Commissioners, § 2-4; permits for canvassers and solicitors generally, § 4-2; licensing of itinerant photographers, §§ 4-11 — 4-13; licensing of peddlers of food, §§ 9-1 — 9-3; licensing of transient vendors, § 9-8 et seq.; licensing of junk and secondhand dealers, § 10-2; licensing in connection with the sale of used motor vehicles or parts thereof, § 10-9; taxicab operator’s license, § 23-7 et seq.; taxicab driver’s license, § 23-13 et seq.; licensing of busses, § 23-17; State law reference: Licensing regulations generally, MGL C. 140.

Sec. 12-1 Granting, execution, applications, etc.

All licenses and permits, unless otherwise provided by statute, these Revised Ordinances or other ordinances of the city, shall be granted by the City Council, shall be signed and attested by the City Clerk, recorded in a book kept for that purpose and shall bear the City Seal. All applications for licenses and permits shall be made to the City Council on forms furnished by it and shall set forth such information as it may require. All such licenses or permits shall be made subject to such provisions and conditions, consistent with law relating thereto, as the City Council may determine.

Sec. 12-2 Fees.

[8-23-1966; 12-13-1966; 6-27-1972, §§ 1, 2; 12-26-1973; Ord. of 7-12-1977; Ord. of 9-28-1982; Ord. of 7-9-1991; Ord. of 6-8-1999; Ord. of 2-27-2007; Ord. of 3-11-2008]
The fees set forth for the following licenses or permits shall, at the time the application is filed, be deposited with the City Clerk; and, when the application is granted, the City Clerk shall deliver to the applicant his license or permit; and, if the application is denied by the City Council, the City Clerk shall, upon the surrender of a receipt, refund the applicant the amount of his deposit. All fees collected by the City Clerk shall be paid to the city treasury. The schedule of fees shall be as follows:
SCHEDULE
Auctioneer
Resident of city, per year
$25
Nonresident, per day
$10
Bowling alleys, each alley
$5
Sunday license, each alley
$5
Inflammables
Garages
1 to 5 cars (MGL C. 148, §§ 13 - 14)
$2
6 to 10 cars
$5
11 to 25 cars
$10
26 to 50 cars
$20
More than 50 cars
$25
Keep, store and sell
Not more than 1,000 gallons
$15
1,001 - 2,000 gallons
$20
2,001 - 3,000 gallons
$30
3,001 - 10,000 gallons
$40
10,001 - 50,000 gallons
$80
50,001 - 100,000 gallons
$120
100,001 - 150,000 gallons
$150
150,001 - 200,000 gallons
$200
More than 200,000 gallons
$250
Private use
$10
The renewal fee for inflammables shall be 1/2 the amount assessed for the original license fee as shown above
Junk collector
$50
Junk dealer in or keeper of a shop, each location
$100
Pawnbrokers
$50
April through October
$100
November through March
$50
Pool or billiard table
1 to 4, each table
$2
Over 4, each table
$1
Secondhand dealer, each location
April through October
$100
November through March
$50
Slaughtering
$10
Taxicabs
Driver
$10
Temporary driver
$5
Operator
First cab
$25
Each additional cab
$10
Stand on street, each cab
$75
Amendment to license, driver or operator, each
$5
Transient vendor
Per consecutive day up to three days
$100
Per day for each additional consecutive day
$50

Sec. 12-2.1 Additional fees of the City Clerk's office.

[Ord. of 9-28-1982; Ord. of 7-9-1991; Ord. of 9-24-1991; Ord. of 4-24-2001; Ord. of 3-13-2007]
(a) 
Furnishing a record of birth, death or marriage, certified: $10.
(b) 
Furnishing a record of birth, death or marriage, abstract: $3.
(c) 
Entering an affidavit and correction of birth, death or marriage, except when entered as a result of an adoption by a resident of the City: $30.
(d) 
Entering a delayed record of birth, except when entered in as a result of an adoption by a resident of the City: $25.
(e) 
Filing an intention to marry: $20.
(f) 
Filing a business certificate under the provisions of Chapter 110, Section 105, of the Massachusetts General Laws: $25.[1]
[1]
Editor's Note: See MGL c. 110, § 5.
(g) 
Filing an amendment to or discontinuance of a business certificate: $15.
(h) 
Furnishing a certified copy of a business certificate: $10.
(i) 
Recording the certificate of a person licensed as a podiatrist, optometrist, physician or osteopath: $20.
(j) 
Recording pole: orders under the provisions of Chapter 166 of the Massachusetts General Laws: $50.
(k) 
Furnishing a certified copy of a pole location order: $5.
(l) 
Recording a burial lot deed: $15.
(m) 
Furnishing a certified copy of a burial lot deed: $10.
(n) 
Recording of resident-to-nonresident cemetery lot transfer.
Type of Lot
Price of Lot
Perpetual Care
Total Price
Single grave
$260
$60
$320
2 graves
$520
$120
$640
4 graves
$1,040
$240
$1,280
8 graves
$2,080
$480
$2,560
12 graves
$3,120
$720
$3,840
(o) 
Furnishing a certified copy of a voter registration: $5.
(p) 
Genealogical research; providing staff research time at preappointed scheduled times, per hour: $10.
Reading of record, no certificate issued, per record: $2.
(q) 
Filing a certification of decision of the Board of Appeals or Planning Board: $5.
(r) 
Furnishing a certification of any record not previously listed: $5.
Additional per page charge assessed for each page over 3: $1.
(s) 
Postage and handling for all documents returned via mail: $0.50 minimum or exact mailing weight, whichever is greater.
(t) 
Raffle and bazaar permit: $25.
(u) 
Receiving and filing complete inventory for "closing out sale": $20.
Additional per page charge assessed for each page over 3: $1.
(v) 
Documents preprinted for distribution:
Zoning Pamphlets: $15.
Zoning Map (3 sheets): $5.
Revised Ordinances
City Council document: $5.
Additional per-page charge assessed for each page over 3: $1.
Ordinance Book (unbound): $50.
Supplement to Ordinance Book, each: $10.
City Map: $1.
Map Street: $0.50.
Street lists, persons 17 years and up
Per ward: $0.25 per page.
Voter lists
Per ward: $0.25 per page.
Disc: $10.

Sec. 12-2.2 Weights and measures fees.

[Ord. of 9-28-1982; Ord. of 2-26-2008]
(a) 
Balances and scales:
(1) 
Over 10,000 pounds: $85.
(2) 
Five thousand to 10,000 pounds: $50.
(3) 
One thousand to 5,000 pounds: $45.
(4) 
One hundred to 1,000 pounds: $25.
(5) 
Zero to 100 pounds: $15.
(b) 
Weights:
(1) 
Avoirdupois (each): $2.
(2) 
Metric: $2.
(3) 
Apothecary: $2.
(4) 
Troy: $2.
(c) 
Capacity measures:
(1) 
Vehicle tanks:
a. 
Each indicator: $15.
b. 
Each 100 gallons or fraction thereof: $15.
(2) 
Liquid:
a. 
One gallon or less: $12.
b. 
More than one gallon: $15.
(d) 
Liquid measuring meters:
(1) 
Inlet 1/2 inch or less, oil, grease: $18.
(2) 
Inlet more than 1/2 inch to one inch, gasoline: $20.
(3) 
Inlet more than one inch:
a. 
Vehicle tank pump: $35.
b. 
Vehicle tank gravity: $45.
(4) 
Bulk storage: $65.
(5) 
Company supplies prover: $45.
(e) 
Pumps, each stop on pump: $8.
(f) 
Other devices:
(1) 
Taximeters: $15.
(2) 
Odometer-hubodometer: $15.
(3) 
Leather measuring (semiannual): $10.
(4) 
Fabric measuring: $10.
(5) 
Wire, rope, cordage: $10.
(g) 
Linear measures:
(1) 
Yardsticks: $5.
(2) 
Tapes: $5.
(h) 
Miscellaneous:
(1) 
Dry measures: $15.
(i) 
Coin redemption machine: $25.
(j) 
Reverse vending: $25.
(k) 
Retail checkout register scanners:
(1) 
One to three scanners: $75.
(2) 
Four to 11 scanners: $150.
(3) 
Twelve or more scanners: $250.
(l) 
Adjustments (made or witnessed): $60 per hour.
(m) 
Reinspection: $25.

Sec. 12-2.3 Fees of the License Commission.

[Ord. of 9-28-1982; Ord. of 1-8-1991]
Automatic amusement devices: $50 per each device.
Lodging house: $50.

Sec. 12-2.4 Fees of the Wire and Alarm Division.

[Ord. of 10-9-1984; Ord. of 7-24-1991]
(a) 
New work, residential and commercial, including additions and renovations except garages:
(1) 
Minimum permit fee: $15.
(2) 
New residential and commercial structures: $75.
(3) 
New multifamily house, hotels, motels and commercial structures: $75.
Plus for each additional unit: $25.
(4) 
Temporary service: $25.
(5) 
Fixtures, switches, receptacles, each: $1 (In excess of 15 not to exceed $75 per permit)
(b) 
Upgrading of existing residential and commercial services:
(1) 
One hundred amps to 600 amps single meter: $40.
Each additional meter: $10.
(2) 
Above 600 amps single meter: $75.
Each additional meter: $10.
(3) 
220-volt appliances, each, all at: $5.
(Also includes disposals, dishwashers, oil and gas burners, air conditioners).
(c) 
Residential and commercial garages:
(1) 
Stall: $25.
Each additional stall: $10.
(d) 
Industrial:
(1) 
New structure: $400.
(2) 
Blanket maintenance permit for one year (optional) or: $300.
Minimum permit: $15.
Fixtures, switches, receptacles, each: $1.
(In excess of 15 not to exceed $75 per permit)
Reinspection of work disapproved, per visit: $25.

Sec. 12-3 Contents, expiration date, transferability and revocation.

In addition to any specific provisions set forth in the Revised Ordinances each license shall set forth the name of the licensee, the nature of the business and the building or place where it is to be carried on and shall annually expire on the 30th day of April, unless otherwise provided or unless the license is sooner revoked.
Unless otherwise provided no license issued under the provisions of the Revised Ordinances shall be transferred without the consent of the City Council endorsed on the license by the City Clerk.
Every license and permit issued shall be on condition that the person accepting the same shall abide by the laws of the commonwealth, the ordinances of the city and the conditions in the license or permit, and that the license or permit may, for any violation of its terms or conditions, be revoked at any time by the City Council, unless otherwise provided by law.
When any license or permit issued under the provisions of the Revised Ordinances is revoked, the City Clerk shall note the revocation upon the face of the record of the license or permit and shall give written notice to the holder of the license or permit by delivering such notice to him in person, or by leaving it at the place of business designated in the license or permit, or by mailing the same to his last known address.

Sec. 12-4 Renewals.

[Ord. of 11-25-1997]
The City Clerk is authorized to annually renew any license or permit granted by the City Council which is in force and effect at its expiration, if application for renewal is made on or before the 15th day following its expiration, except for the renewal of secondhand dealer licenses which shall require approval of the City Council.
The fee for all licenses shall be as provided in Section 12-2.

Sec. 12-5 Auctioneers.

No person, unless otherwise provided by law, shall act as an auctioneer unless he is duly licensed therefor. Every person licensed as an auctioneer shall give a bond to the City Treasurer in the penal sum of $200, with sufficient sureties, to be approved by the City Council and the City Solicitor, conditioned that he shall in all things conform to the laws relative to auctioneers.
No auctioneer shall hold a sale upon any street.[1]
[1]
State law reference: Cities authorized to license auctioneers, MGL C. 100, § 1 et seq.

Sec. 12-5.1 Auction establishments.

[12-13-1966]
No person except a licensee under Section 14 or Section 18 of Chapter 100 of the General Laws shall conduct or maintain an establishment where merchandise of any kind is sold at auction without a license granted by the Council. The term of such license shall be 60 days from the granting thereof and same may be renewed for periods of 60 days. Each license or renewal shall be granted by the City Council and subject to the fee as set forth in Section 12-2.

Sec. 12-6 Billiard tables, bowling alleys, etc.

No person shall maintain or operate a public billiard or poolroom or bowling alley unless he is duly licensed therefor. Each such license shall set forth the number of tables and bowling alleys and the time of opening and closing of the place of business. Applications for such licenses shall be approved by the Chief of Police, or the officer in charge of the Police Department.[1]
[1]
State law reference: Cities authorized to license billiard tables and bowling alleys, MGL C. 140, § 177.

Sec. 12-7 (Reserved) [1]

[1]
Editor's Note: Former § 12-7 was repealed by an ordinance of 12-26-1973.

Sec. 12-8 Keeping of automobiles; storage and sale of explosives and inflammable substances.

No person shall keep, store, manufacture or sell inflammable or explosive substances as provided in Sections 13 and 14 of Chapter 148 of the General Laws without first having obtained a license therefor.

Sec. 12-9 Pawnbrokers.

[Ord. of 2-26-1980]
(a) 
No person shall engage in or carry on the business of a pawnbroker in the city without first having obtained a license therefor, pursuant to the provisions of Sections 70 to 85 of Chapter 140 of the General Laws. Applications for such licenses shall be approved by the Chief of Police or the officer in charge of the Police Department.
(b) 
The licensee shall, at the time of receiving a license as a pawnbroker, file with the City Clerk a bond to the city, with two sureties, in the penal sum of $300, approved by the City Council, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
(c) 
Whoever violates the provisions of this section shall be punished as provided in Sections 70 to 85 of Chapter 140 of the General Laws.
(d) 
The City Council, pursuant to Massachusetts General Laws Chapter 140, Sections 70 and 78, shall from time to time promulgate rules and regulations to govern the business operations of a pawnbroker, which rules and regulations shall be filed with the City Clerk.

Sec. 12-10 Slaughterhouses, etc.

(a) 
The proprietor of each slaughterhouse, canning, salting, smoking or rendering establishment, and of each establishment used for the manufacture of sausages or chopped meat of any kind, who is engaged in the slaughter of meat cattle, horses, mules, sheep or swine, the meat or products of which are to be sold or used for food, shall annually, in April, apply for a license to the City Council.
(b) 
The application shall be in writing, signed and sworn to by one or more of the owners or persons carrying on such business, or, if a corporation, by some authorized officer thereof, and shall state the name and address of all the owners or persons carrying on such business, the location of the slaughterhouse or establishment, the estimated number of meat cattle, horses, mules, sheep or swine to be slaughtered per week, the days of the week upon which they are to be slaughtered and the nature of the products thereof to be sold or used for food.

Sec. 12-11 Lodging houses.

[Ord. of 1-8-1991]
(a) 
Lodging house shall mean a house where lodgings are let to four or more persons not within the second degree of kindred to the person conducting it, but shall not include fraternity houses and dormitories of educational institutions or dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under Section 71 of Chapter 111 of the General Laws or rest homes so licensed, or group residences licensed or regulated by agencies of the Commonwealth of Massachusetts.
(b) 
The License Commission may grant licenses for lodging houses. Such licenses shall expire on December 31 of each year; but they may be granted during December to take effect on January 1 following. The fee for all licenses shall be as provided in Section 12-2.3. No such license shall be granted until the Code Enforcement Officer and the Commissioner of Public Safety, or some person designated by him, have reviewed the application for license.
(c) 
All licensed premises shall be subject to inspection semiannually by the Code Enforcement Officer and by the Commissioner of Public Safety, or some person designated by him. A license shall be revoked if at any time the License Commission is satisfied that the licensee is unfit to hold the license. The License Commission may suspend and make inoperative, for such period of time as it may deem proper, the license for any cause deemed satisfactory to it. The revocation and suspension shall not be made until after investigation and a hearing, or after giving the licensee an opportunity to be heard; notice of the hearing shall be left at the premises of the licensee not less than three days before the date of the hearing.
(d) 
A lodging house where lodgings are let to more than five but fewer than 20 persons may furnish individuals cooking facilities for the preparation, serving, eating and storage of food, provided that no such facility shall be furnished in a room having an area of less than 100 square feet. Such facilities shall, in a single room, consist of a gas or electric plate or microwave oven. Any facilities furnished under this section shall comply with the Building Code.
(e) 
Whenever the License Commission issues a lodging house license, the licensee may let individual rooms to individual persons only and may not contract out rooms to an entity or institution which intends to choose lodgers for the rooms. Such conduct will be held to constitute leasing out of the license and is prohibited. Violations of this section may result in suspension or revocation of the license.
(f) 
Whoever being licensed as a lodging house keeper or being in actual charge, management or control of such lodging house, knowingly permits the property under his or her control to be used for the purpose of immoral solicitation, immoral bargaining or immoral conduct, including criminal activities such as prostitution, use and sale of drags, possession of drugs and gambling, shall be subject to disciplinary proceedings against the license and shall be subject to a fine and imprisonment as set out by state statute.
(g) 
Every lodging house keeper shall keep or cause to be kept, in permanent form, a register in which shall be recorded the true name and residence of every person engaging or occupying a private room. Such register shall be kept for a period of one year after the last entry therein and shall be open to the inspection of the License Commission, its agents and the police.

Sec. 12-12 Tag sale regulation.

[Ord. of 7-9-1991; Ord. of 1-11-2011]
No person/organization shall conduct a sale of goods, which sale is not in the normal course of business, without first having obtained a permit from the Building Department, which permit shall be issued for no more than two consecutive days.
No location/address shall be issued a permit more than four times in a given calendar year and no more than one per month. Such permit shall state the person/organization issued to, location/address of sale and days permit is valid. The sale of goods may only occur between the hours of 8:00 a.m. to sundown. Such permit shall be exhibited at the sale. All permitted premises shall be subject to inspection by the Commissioner of Public Safety or his designee.
Whoever shall violate this section or fail to comply with any of its requirements shall be fined not more than $100 for each offense. Each violation and each day of violation shall constitute a separate offense.
All signage pertaining to a tag sale shall be removed within two days after the sale date.

Sec. 12-13 Keg license.

Whenever in this ordinance the following terms are used, they shall have the meanings ascribed to them in this section unless otherwise expressly provided or unless a different meaning is reasonable and clearly apparent from the language or context.

Sec. 12-13.1 Definitions.

[Ord. of 5-13-1997]
ALCOHOLIC BEVERAGES — 
All liquids intended for human consumption as a beverage which contain 1/2 of 1% or more of alcohol by volume at 60° F., including malt beverages.
DISPENSE
To transfer or exchange alcoholic beverages, including pouring and the providing of access to such beverages, whether or not for monetary consideration.
HALF KEG
Any metal, wooden, plastic, paper or other container designed to hold 15.5 gallons of liquid and actually containing any amount of malt beverage.
KEG LICENSE
A special license issued by the License Board or its designee the Commissioner of Public Safety.
LICENSED ESTABLISHMENT
A retail establishment holding a license pursuant to MGL c. 138, § 15 that sells alcoholic beverages for consumption off the premises; and an establishment licensed pursuant to MGL c. 138 § 14.
LICENSEE
Any person, club, partnership, corporation or other entity licensed under the provisions of MGL c. 138 to sell alcoholic beverages, including malt beverages.
MALT BEVERAGES
All alcoholic beverages manufactured or produced by the process of brewing or fermentation of a malt, with or without cereal grain of fermentable sugars, or of hops, and containing not more than 12% of alcohol by weight, including beer.
PERSON
An individual firm, association, partnership, corporation or other combination of persons and their agents, servants, employees, stockholders, officers or other person or any subsidiary whatsoever.
QUARTER KEG
Any metal, wooden, plastic, paper or other container designed to hold 7.75 gallons of liquid and actually containing any amount of malt beverage.
SALE
Any transfer or exchange of alcoholic beverages in any manner or by any means whatsoever for direct or indirect consideration.

Sec. 12-13.2 Requirement of license for keg possession.

[Ord. of 5-13-1997; Ord. of 5-26-1998]
(a) 
The License Board or its designee, the Commissioner of Public Safety or the Director of Police is authorized to issue keg licenses for the possession and dispensing of malt beverages in kegs within the City of North Adams. The terms and conditions for licenses granted under this section shall be determined by the License Board pursuant to this chapter.
(b) 
A keg license shall be required for the possession of two or more quarter kegs and for the dispensing of a malt beverage from two or more quarter kegs at any place other than a licensed establishment or a licensed activity.
(c) 
A keg license shall be required for the possession of one or more half kegs and for the dispensing of a malt beverage from one or more half keg at any place other than a licensed establishment or activity.
(d) 
Applications for a keg license will be available at the Public Safety Department Headquarters, 40 American Legion Drive, North Adams.
(e) 
Applicants must appear in person at the Public Safety Department Headquarters for an orientation regarding the Keg Licensing Ordinance and understanding of MGL c. 138 regarding the dispensing and consumption of alcohol.
(f) 
The Public Safety Commissioner may grant the keg license, provided that the following occur:
(1) 
Application is properly completed and submitted to the Commissioner of Public Safety.
(2) 
Valid photo identification is presented.
(3) 
The applicant is 21 years of age or older.
(4) 
The applicant does not have a record of drug or alcohol related convictions, arrests, complaints or incidents.

Sec. 12-13.3 License.

[Ord. of 5-13-1997]
(a) 
Within the City of North Adams, it shall be unlawful for any person to possess or dispense a malt beverage from two or more quarter kegs or one or more half kegs unless such person has been issued a valid keg license.
(b) 
The term of the license shall be determined by the Commissioner of Public Safety. The term of the license may be issued up to one year at the same residence of the applicant.
(c) 
The license will be issued or denied within three working days.
(d) 
The application, once approved, will become the license, with the Public Safety Department retaining a copy.
(e) 
A denied application may be appealed to the License Board within 30 days of receiving notice.
(f) 
Only the licensed number of kegs(s) shall be kept and dispensed on the premises.
(g) 
The license must be available for inspection at all times.
(h) 
A separate keg license shall not be required if the establishment or activity at which malt beverages will be dispensed is licensed pursuant to MGL c. 138.

Sec. 12-13.4 Fees.

[Ord. of 5-13-1997]
No fee is required for a keg license.

Sec. 12-13.5 Enforcement.

[Ord. of 5-13-1997]
(a) 
The provisions of this section shall be enforced by the Public Safety Department.
(b) 
This ordinance may only be enforced in connection with any violation of MGL c. 272, § 53, or MGL c. 138 and may result in a request for inspection of license.
(c) 
This ordinance shall be enforced by criminal complaint in the District Court. In the alternative, it may be enforced by the noncriminal disposition process of MGL c. 40, § 21D. For the purpose of noncriminal enforcement, the enforcing persons shall be police officers of the City of North Adams.

Sec. 12-13.6 Duty to inform persons about keg licensing. [1]

[Ord. of 5-13-1997]
The Public Safety Department shall make available information about the Keg Ordinance and MGL, c. 138 for the purpose of orientation regarding the Keg Ordinance.
[1]
Editor's Note: Former Sec. 12-13.6, Penalties, was repealed by an ordinance of 2-9-1999, which ordinance also provided for the renumbering of Sections 12-13.7 through 12-13.9 as Sections 12-13.6 through 12-13.8, respectively.

Sec. 12-13.7 Severability.

[Ord. of 5-13-1997]
If any section, paragraph or provision of this ordinance is held to be invalid or uninforceable, such invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance, which shall remain in full force or effect.

Sec. 12-13.8 (Reserved) [1]

[1]
Editor's Note: Former Sec. 12-13.9 (subsequently renumbered as 12-13.8), Duration, was repealed by an ordinance of 5-26-1998.