City of Melrose, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen of the City of Melrose as Rev. Ords. 1976, §§ 11-1 to 11-6, 11-9 to 11-15 and 11-17 to 11-25 (Rev. Ords. 1989, §§ 9-1 to 9-9 and 9-26 to 9-37). Amendments noted where applicable.]
GENERAL REFERENCES
Hawkers, peddlers and transient vendors — See Ch. 127.
Junk, secondhand and precious metals dealers — See Ch. 143.
Vehicles for hire — See Ch. 222.
Unless otherwise provided, all licenses specified in this chapter shall be granted by the City Council and shall be issued by the City Clerk, who shall keep a proper book of records of licenses, and all fees shall be turned over to the City Treasurer for the use of the City.
State law reference — Licenses generally, MGL c. 140.
Except as otherwise provided in this chapter, all applications for licenses or renewals thereof shall be filed with the City Clerk for presentation to the City Council and shall be accompanied by the fee established therefor. Whenever a public hearing is required precedent to the granting of a license, the cost of publishing notice thereof shall be paid, in advance, by the applicant.
Whenever any application for a license is dismissed, the City Auditor shall be notified of such action and shall thereupon draw a voucher authorizing the City Treasurer to make refund to the applicant of the amount of the fee paid by the applicant.
[Amended 5-21-2012 by Ord. No. 2012-158]
Licenses which may be legally granted for purposes not specifically mentioned in this chapter may be granted by the City Council, which shall fix the fees at its discretion. Whenever the use of a public street is involved, the consent of the City Engineer shall be obtained in the same manner as provided in § 152-15.
[Amended 4-6-1987 by Ord. No. 1654]
All transfers of licenses issued under the provisions of this chapter shall be considered as new applications in accordance with § 152-2.
A. 
Generally. Pursuant to MGL c. 41, § 13B, and except as otherwise provided in this chapter, the City Clerk is hereby authorized to renew all licenses and permits with respect to which the City Council is designated as the licensing or issuing authority under the provisions of any general or special law, or of any ordinance of the City, and for which no public hearing is required. A report of each license renewed under this section shall be made by the City Clerk to the City Council at the regular meeting of the Council next following the granting of such renewal.
B. 
Departmental reports. The City Clerk shall forthwith, after receiving an application for the renewal of a license or permit which the Clerk is authorized to renew under Subsection A of this section, obtain from the Chief of the Police Department a report as to the character and fitness of the applicant to exercise the license or permit applied for. The Clerk shall also obtain reports from such other City departments as would be concerned with the operation of the business for which such license or permit is required. It shall be the duty of such Chief and of the heads of all other City departments to cause all necessary investigations to be made and, in the case of each report, to recommend whether the renewal of such license or permit shall be approved or disapproved.
C. 
Reference of certain applications to Council. Upon the request of an applicant who has been refused a renewal of a license or permit by the City Clerk, or whenever the Clerk shall receive an adverse report with respect to an applicant for renewal of a license or permit, the application, together with all reports relating thereto and, in the case of refusal by the City Clerk, a written statement of the reasons therefor, shall be referred to the City Council, which shall then determine whether the renewal of the license or permit applied for shall be granted or refused.
D. 
Retention of applications; notation of actions taken. The City Clerk shall keep all applications for renewals of licenses or permits granted by him/her under authority of Subsection A of this section in a file provided for the purpose and shall make a notation on each such application of his/her action in granting or refusing renewal thereof.
Except as otherwise provided by law, any license granted or renewed under authority of this chapter may be suspended or revoked at the pleasure of the City Council. When such license is revoked, the City Clerk shall note the revocation upon the face of the record of the license and shall give written notice to the holder of the license by causing the same to be delivered to him/her, in person, or by leaving it at the place of business designated in the license.
All licenses or permits or renewals thereof granted by any department or officer for any purpose whatsoever shall be recorded in a stub book kept for that purpose and in a form approved by the City Auditor.
Nothing in this chapter shall be construed as conflicting with any license issued under the authority of the commonwealth.
No person shall paint or put upon, or in any other manner affix to, any fence, structure, pole, rock or other object within the limits of any highway any words, device, trademark, advertisement or notice which is not required by law to be posted thereon without first obtaining consent therefor from the City Council.
State law references — Affixing advertisements to trees, MGL c. 87, § 9; affixing to fences, structures, etc., MGL c. 266, § 126.
[Amended 2-7-1977 by Ord. No. 19418; 3-17-1986 by Ord. No. 1343; 5-20-2002 by Ord. No. 02-303; 12-16-2002 by Ord. No. 02-060A; 8-21-2017 by Ord. No. 2018-4]
Every auctioneer must be licensed by the Deputy Director of Standards in the State Office of Consumer Affairs and Business Regulation and conform to the laws relating to auctioneers by obtaining a special permit or annual permit from the City. An annual permit is applicable to an auctioneer who operates an auction house in the City. A special permit would be issued to all others. The fee for an annual permit shall be the sum of $50 and for a special permit the sum of $40.
State law reference — Auction licenses in municipalities, MGL c. 100, § 10.
[Amended 6-15-1981 by Ord. No. 20718; 4-21-2009 by Ord. No. 09-125]
No person shall hereafter engage in the business of innholder or common victualler without first obtaining a license therefor from the City Council. A fee of $75 shall be paid for each of such licenses.
State law reference — Law of the commonwealth authorizing cities to grant licenses to common victuallers, innholders, etc., MGL c. 140, § 2, construed in Liggett Drug Co. v. Board of License Commissioners, 296 Mass. 41, 4 N.E. (2d) 268.
A. 
License required. No itinerant musician shall play any musical instrument in the streets or public places or elsewhere within the City without first receiving a license from the City Council.
B. 
Restrictions.
(1) 
No itinerant musician shall play any musical instrument in the streets or public places of the City before 7:30 a.m. or after 9:00 p.m. or on Sundays or within 100 yards of any school which is in session.
(2) 
Every itinerant musician who is granted a license shall be assigned a number which shall be written or printed on the license and shall be conspicuously displayed upon the instrument played by him/her, if possible; otherwise it shall be displayed upon the hat or clothing of the licensee.
State law reference — Municipal authority to regulate musicians, MGL c. 85, § 10.
No person shall conduct a lodging house, as defined in MGL c. 140, § 22, without first obtaining a license therefor from the City Council. A fee of $50 shall be paid for each such license.
State law reference — Lodging houses, MGL c. 140, §§ 22 to 32.
[Amended 9-18-1989 by Ord. No. 90-12; 5-21-2012 by Ord. No. 2012-158]
All persons who shall apply to the City Council for a license to conduct a street lunch cart shall first secure written consent of the City Engineer, which consent shall state the place in such street where such lunch cart shall be stationed, and the Council shall not license such cart to be stationed in any other place, but such consent shall not in any way, except as to location, affect the authority of the Council, and it may grant or refuse such license at its discretion. The sum to be paid for such license shall be $50. Each applicant shall be allowed one pushcart for each license.
State law reference — Licenses for lunch carts, MGL c. 140, § 49.
No person shall undertake the business of suppressing or exterminating, for hire, the nests, pupae or caterpillars of the brown-tail or gypsy moth without first registering with the officer or board having charge of this work and obtaining from him/her or it a license.
State law reference — Gypsy or brown-tail moths, MGL c. 132, § 11 et seq.
[Amended 10-2-1989 by Ord. No. 90-13]
A. 
Licenses to buy and sell secondhand motor vehicles shall be granted to suitable persons by the City Council under the provisions of MGL c. 140, §§ 57 to 69.
B. 
All such licenses shall be expressed to be under the provisions of MGL c. 140 and acts in amendment thereof and in addition thereto and shall specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business.
C. 
The fees for such licenses shall be as follows:
(1) 
For licenses of the first class: $100.
(2) 
For licenses of the second class: $100.
(3) 
For licenses of the third class: $100.
A. 
No person, as owner or as one in control of any land or building in the City, shall use or allow to be used such land or building for the purpose of staging or holding any motor vehicle race unless the person staging or holding such motor vehicle race is licensed to do so in accordance with the provisions of this section.
B. 
Any person intending to stage or hold any such motor vehicle race shall first file with the City Council a written application specifying the location, day of the week and time of the day during which such races are intended to be held, the type and maximum number of vehicles to be involved and the manner and conditions under which such races are to be conducted. The application shall be made on a form provided by the City Clerk. Within five days, excluding Sundays and holidays, of filing his/her application, the applicant shall provide copies of such completed application to the Chief of Police, the Chief of the Fire Department, the Board of Health and the Director of Inspectional Services and the owners of any property abutting the situs of the proposed race.
C. 
Within 30 days after the filing of the application, the City Council shall hold a public hearing with regard to such application, notice of which hearing the City Clerk shall cause to be published once in a newspaper of general circulation within the City at least five days prior to the date of the hearing. The cost of such publication shall be paid by the applicant.
D. 
The City Council shall grant to the applicant a license to conduct motor vehicle races on the premises specified in the application on such days and during such hours as it deems consistent with the public interest and upon such conditions as it deems proper to preserve the public health, safety and welfare. However, no such license shall be issued unless the applicant has shown to the reasonable satisfaction of the Council that the proposed races will not create a hazard to the public safety, become a public nuisance or constitute an activity which will substantially interfere with the reasonable use and enjoyment of property in the surrounding area. No such license shall exceed one year in duration. Renewals of such license shall be granted only after compliance with the procedures and standards set forth above.
E. 
For purposes of this section, "motor vehicle" is defined as any self-propelled vehicle constructed, designed or modified for propulsion by power other than muscular power, including but not limited to automobiles, motorcycles and bicycles with a motor or drive wheel attached. "Motor vehicle race" shall mean any event or activity to which the public is invited, whether or not an admission fee is charged, in which individuals operate motor vehicles in competition against each other either as to speed or driving ability or any event or activity in which said motor vehicles are operated to perform unusual or difficult maneuvers designed to demonstrate the driving skills of the operator, whether or not in competition with other participants.
F. 
Any person or entity who or which conducts a motor vehicle race in violation of this section shall be subject to a fine of not more than $50. Each day upon which a motor vehicle race is conducted in violation of this section shall be considered a separate violation.
G. 
A violation of the terms and conditions of a license granted under this section shall constitute grounds for suspension or revocation of such license by the City Council if, after giving to the licensee reasonable notice and opportunity to be heard, a majority of the City Council determines such revocation or suspension to be consistent with the purpose of this section.
H. 
A fee of $50 shall be paid for each of such licenses.
The Council may grant licenses, in accordance with the provisions of MGL c. 148, § 56, to suitable persons to engage in the business of conducting or maintaining an open-air parking space. The fee for such license shall be $10. Licenses granted under this section shall expire on April 30 following the date of issuance.
[Amended 5-20-2002 by Ord. No. 02-303]
Every person licensed to keep a pool, billiard or sippio table for hire, in accordance with the provisions of MGL c. 140, § 177, shall pay for such license a fee at the rate of $10 for each table. Every person so licensed to operate bowling alleys shall pay for such license a fee at the rate of $50 for the first alley and $35 for each additional alley.
[Amended 6-15-1981 by Ord. No. 20718]
No person shall distribute or display posters, handbills or placards, pamphlets, newspapers or any other printed, lithographed or engraved advertising matter in any public parking area, street, lane, alley or way, or on public property of any nature, without obtaining a license or permit therefor from the City Clerk, who shall collect a fee of $15 therefor and keep a record of all such licenses or permits.
[Added 7-19-1999 by Ord. No. 99-315]
A. 
For the purpose of this section, "casual sale" means the sale of new or used articles of any nature or description to the public at large in any residential district, which is commonly referred to as an attic, lawn, yard or garage sale.
B. 
No person shall engage in the casual sale of new or used articles of any nature or description without first obtaining a permit for such purpose from the Inspectional Services Department.
C. 
Every applicant for any such permit shall set forth on an application to be provided by the Inspectional Services Department his/her name, age and address, a general description of the property to be sold and the date or dates of such sale.
D. 
Permits may be granted for a period of up to two consecutive days, with the hours of operation limited to between 9:00 a.m. and 7:00 p.m. No more than two such permits may be issued in one calendar year to any one resident or for any one location.
E. 
No person shall offer for sale at a casual sale any articles which have been purchased for resale or articles for which such person is acting as a selling agent.
F. 
Signs advertising a casual sale may be displayed 24 hours before the sale. All signs must be removed within 24 hours after the sale.
G. 
Any person who violates any of the provisions of this section shall be subject to a fine of not more than $20 for each offense.
[Added 5-6-2002 by Ord. No. 02-157]
A. 
Applicability. This section shall apply to automatic amusement devices as that term is defined in MGL c. 140, § 177A.
B. 
Licensing.
(1) 
The City Council shall grant licenses for automatic amusement devices on an annual basis. The annual fee for an automatic amusement device license shall be $20 per year. No entity or individual shall operate such a device within the City without a license. Any license granted under this section shall expire on December 31 of each year unless sooner revoked. Every license issued for an automatic amusement device shall state the address of the premises at which said device shall operate and shall describe the type of automatic amusement device covered by the license. No license shall state more than one premises at one time.
[Amended 8-21-2017 by Ord. No. 2018-4]
(2) 
Automatic amusement devices licensed under this provision shall be installed on the premises stated in the license and shall be in open view while in operation and shall be at all times available for inspection.
C. 
Standards for licenses. The City Council may refuse to grant or renew licenses for any automatic amusement devices which present a risk of misuse as a gaming device, including but not limited to the following:
(1) 
An automatic amusement device which involves matching of random numbers, patterns or cards.
(2) 
An automatic amusement device which has a mechanism for adjusting the odds.
(3) 
An automatic amusement device which has a remote control feature which can reset from another location.
(4) 
An automatic amusement device which is capable of returning money to the player other than change for the excess amount put in.
(5) 
An automatic amusement device which accumulates more than 26 plays.
(6) 
An automatic amusement device which does not cost the same amount for each player.
(7) 
An automatic amusement device which permits a player to change any aspect of the game by paying a different amount of money than another player before or during the game.
(8) 
An automatic amusement device which contains a metering device which accounts for both money or points in and money or points out.
D. 
Inspection; seizure of unlicensed devices. All automatic amusement devices and licenses for automatic devices granted by the City Council shall be subject to inspection by the Melrose Police Department to ensure compliance with these provisions and conformance with the application submitted. Any unlicensed automatic amusement device shall be subject to immediate seizure by the Melrose Police Department.
E. 
Fine for violation. Any person found in violation of the provisions of this section shall be punished by a fine of $50 for each offense.
F. 
Use in private homes. The provisions of this section shall not apply to use of automatic amusement devices in private homes.
[Added 1-20-2009 by Ord. No. 09-064]
A. 
Wine and malt beverage license applications.
(1) 
The Liquor Licensing Commission shall cause the City Council to be officially notified of the date, time and place where the public hearing of an applicant for a wine and malt beverage license, for consumption on premises or off premises, shall be held, said notice to be made no less than 21 days prior to the public hearing date.
(2) 
Upon receipt of an application to grant a wine and malt beverage license or an application to transfer such a license from one location to another or an application to transfer a license from an individual, corporation or partnership to another qualified to receive such a license, or a request to change the manager or management of a licensed establishment, or notice of an alleged violation, the Liquor Licensing Commission, at least 21 days prior to any decision respecting any said license or transfer, shall forward copies of the application to the Clerk of Committees of the City Council, to the local residence and electronic mail address of each Councilor, the Chief of Police, Fire Chief, Building Commissioner and the Director of Public Health.
[Amended 8-15-2011 by Ord. No. 12-04; 8-21-2017 by Ord. No. 2018-4]
(3) 
Copies of the agenda of each Liquor Licensing Commission meeting shall be delivered to the Clerk of Committees of the City Council, each member of the City Council, the Chief of Police, Fire Chief, Building Commissioner and the Director of Public Health, at least two full business days prior to each meeting.
[Amended 8-21-2017 by Ord. No. 2018-4]
B. 
Wine and malt beverage licensed premises.
(1) 
Upon receiving notice of a public hearing regarding a pending application for a wine and malt beverage license, for consumption on premises or off premises, the Building Commissioner shall provide a written report to the Liquor Licensing Commission and each member of the City Council prior to the date of the public hearing as to whether the premises proposed for such license conforms in all respects to the State Building Code and the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 235, Zoning.
(2) 
Upon receiving notice of a public hearing regarding a pending application for a wine and malt beverage license, for consumption on premises or off premises, the Fire Chief or his designee shall provide a written report to the Liquor Licensing Commission and each member of the City Council prior to the date of the public hearing as to whether the premises proposed for such license conforms in all respects to the State Fire Safety Code.