[HISTORY: Adopted by the Town Council of the Town of Agawam 5-5-2003
by TOR-2003-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as Ch. 90,
but was renumbered to better fit the alphabetical organization of the codification.
For the public purpose to promote and protect the health, safety, and
welfare of the residents of the Town of Agawam, to prevent and control fires,
and to control traffic, it is deemed to be in the best interests of the Town
of Agawam to regulate the number of gasoline service stations and retail refueling
sites within the Town of Agawam.
A gasoline service station shall include any business selling or offering
for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether
or not the public is permitted or expected to operate the pump to put the
fuel into a motor vehicle's fuel tank or a container, and shall include
gasoline filling stations and gasoline self-service stations. For the purposes
of this chapter, "gasoline service station" shall also include any site used
or operated as a retail refueling site, including the fuels of gasoline, propane,
electricity and hydrogen.
No business or person shall operate a gasoline service station without
a license issued under the provisions of Massachusetts General Laws Chapter
148 § 13, or a permit issued in accordance with the Code of Massachusetts
Regulations 527 CMR 14.03. for the purpose of licensing gasoline service stations
under the provisions of Massachusetts General Laws Chapter 148 § 13,
and permitting gasoline service stations in accordance with the Code of Massachusetts
Regulations 527 CMR 14.03, there shall be no more than 20 licenses and/or
permits issued at any one time.
Any license or permit issued under the provisions of this chapter and
Massachusetts General Laws Chapter 148 § 13 or 527 CMR 14.03 shall
become invalid and shall be null and void if the activity authorized by said
license or permit is not commenced within six months from the date of the
issuance of said license or permit.
All licenses issued under the provisions of this chapter and Massachusetts
General Laws Chapter 148 § 13 or 527 CMR 14.03 shall state the capacity
of fuel for which said license or permit is issued. No less than 80% of the
capacity stated on said license or permit must be in use and operation at
all times during the term of the license.
Any license or permit issued under the provisions of Massachusetts General
Laws Chapter 148 § 13 or 527 CMR 14.03 prior to the enactment of
this chapter shall and must commence the activity allowed by such license
or permit within six months from the date this chapter is enacted. If the
activity allowed by such license or permit is not commenced within said six
months, any such license or permit shall become invalid and be null and void.
