[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.
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.
[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
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Auctioneer
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Resident of city, per year
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$25
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Nonresident, per day
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$10
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Bowling alleys, each alley
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$5
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Sunday license, each alley
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$5
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Inflammables
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Garages
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1 to 5 cars (MGL C. 148, §§ 13 - 14)
|
$2
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|
6 to 10 cars
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$5
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|
11 to 25 cars
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$10
| |
|
26 to 50 cars
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$20
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|
More than 50 cars
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$25
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|
Keep, store and sell
Not more than 1,000 gallons
|
$15
| |
|
1,001 - 2,000 gallons
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$20
| |
|
2,001 - 3,000 gallons
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$30
| |
|
3,001 - 10,000 gallons
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$40
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|
10,001 - 50,000 gallons
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$80
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|
50,001 - 100,000 gallons
|
$120
| |
|
100,001 - 150,000 gallons
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$150
| |
|
150,001 - 200,000 gallons
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$200
| |
|
More than 200,000 gallons
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$250
| |
|
Private use
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$10
| |
|
The renewal fee for inflammables shall be 1/2 the amount assessed
for the original license fee as shown above
| ||
|
Junk collector
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$50
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|
Junk dealer in or keeper of a shop, each location
|
$100
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|
Pawnbrokers
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$50
| |
|
April through October
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$100
| |
|
November through March
|
$50
| |
|
Pool or billiard table
| ||
|
1 to 4, each table
|
$2
| |
|
Over 4, each table
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$1
| |
|
Secondhand dealer, each location
| ||
|
April through October
|
$100
| |
|
November through March
|
$50
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|
Slaughtering
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$10
| |
|
Taxicabs
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|
Driver
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$10
| |
|
Temporary driver
|
$5
| |
|
Operator
| ||
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First cab
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$25
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|
Each additional cab
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$10
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Stand on street, each cab
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$75
| |
|
Amendment to license, driver or operator, each
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$5
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|
Transient vendor
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Per consecutive day up to three days
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$100
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Per day for each additional consecutive day
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$50
| |
[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.
(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
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Price of Lot
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Perpetual Care
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Total Price
| |
|---|---|---|---|---|
|
Single grave
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$260
|
$60
|
$320
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|
2 graves
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$520
|
$120
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$640
| |
|
4 graves
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$1,040
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$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.
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(v)
Documents preprinted for distribution:
|
Zoning Pamphlets: $15.
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Zoning Map (3 sheets): $5.
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Revised Ordinances
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City Council document: $5.
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Additional per-page charge assessed for each page over 3: $1.
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|
Ordinance Book (unbound): $50.
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Supplement to Ordinance Book, each: $10.
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City Map: $1.
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Map Street: $0.50.
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Street lists, persons 17 years and up
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Per ward: $0.25 per page.
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Voter lists
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Per ward: $0.25 per page.
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Disc: $10.
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[Ord. of 9-28-1982; Ord. of 2-26-2008]
[Ord. of 9-28-1982; Ord. of 1-8-1991]
Automatic amusement devices: $50 per each device.
Lodging house: $50.
[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:
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.
[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.
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.
[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.
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.
[1]
Editor's Note: Former § 12-7 was repealed by
an ordinance of 12-26-1973.
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.
[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.
(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.
[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.
[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.
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.
[Ord. of 5-13-1997]
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.
To transfer or exchange alcoholic beverages, including pouring
and the providing of access to such beverages, whether or not for
monetary consideration.
Any metal, wooden, plastic, paper or other container designed
to hold 15.5 gallons of liquid and actually containing any amount
of malt beverage.
A special license issued by the License Board or its designee
the Commissioner of Public Safety.
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.
Any person, club, partnership, corporation or other entity
licensed under the provisions of MGL c. 138 to sell alcoholic beverages,
including 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.
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.
Any metal, wooden, plastic, paper or other container designed
to hold 7.75 gallons of liquid and actually containing any amount
of malt beverage.
Any transfer or exchange of alcoholic beverages in any manner
or by any means whatsoever for direct or indirect consideration.
[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:
[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.
[Ord. of 5-13-1997]
No fee is required for a keg license.
[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.
[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.
[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.
[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.
