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.
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 Select Board, under
such conditions as they may determine.
The Select Board 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.
(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 Select Board.
[1]
Editor's Note: See also Art. XII, § 3, regarding
public obstructions and Art. XII, § 26, Depositing leaves
or other refuse on streets.
The Select Board 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.
The Select Board may require all elevators to be inspected periodically
by the Building Inspector or by someone designated by the Select Board
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.
[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.
[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 Select Board of the Town
of Andover, as licensing authority (the "Select Board").
(4)
Applications for licenses or for renewals of licenses pursuant to
this Article shall be on forms prescribed by the Select Board.
(5)
The fee for such licenses shall be set by the Select Board 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 Select Board shall apply the following criteria, in addition
to such other criteria as the Select Board 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 Select Board 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 Select Board, 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 Select Board 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 Select Board 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
Select Board 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 Select Board, 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 Select Board 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 Select Board 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 Select Board
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 Select
Board 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.
[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 Select Board. The Select Board 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 Select Board 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.
[Added 4-30-2008 ATM, Art. 35; amended 10-7-2009 STM, Art. 3; 6-5-2021 ATM by Art. 37]
The purpose of this bylaw is to provide for the licensing on
public property of outdoor dining areas and the placement of retail
furniture, products and/or fixtures of appropriate design, configuration,
and appearance that will be an amenity to the Town during the spring,
summer and fall. The Select Board may issue annual outdoor dining
and retail licenses which shall be for or within the period from March
1 to November 30. Licenses shall be valid for one season and must
be renewed annually. If a licensee previously issued an outdoor dining
or outdoor retail license by the Select Board wishes to renew that
license for activities substantially identical to those previously
licensed, the Town Manager may issue the renewal license without action
by the Select Board, provided the licensee submits all necessary materials
required for renewal.
The Select Board 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 Select Board.
The Select Board may also make such regulations governing the outdoor
dining or retail licenses as the Board considers to be necessary or
appropriate to carry out the purposes of this bylaw.
The outdoor dining placement of tables and chairs containing
nine (9) or more seats shall be separated from their surroundings
by a perimeter fence or barrier. No such fences or barriers may damage
the public property. Perimeter treatments, umbrellas, furniture and
trash receptacles shall be supplied by the licensee and shall be maintained
in a safe and sanitary manner by the licensee. All trash receptacles
shall be covered and trash removed nightly. All perimeter treatments,
umbrellas, furniture and trash receptacles placed by the licensee
must be removed at the end of each season.
In no event shall the placement of furniture, fixtures, products,
umbrellas, perimeter fences or barriers create a pedestrian or wheelchair
passage width of less than what is required by 521 CMR.
Outdoor food preparation shall not be allowed unless approved
by the Board of Health in accordance with their procedures and regulations.
Approval of an outdoor dining or retail 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 for the service of alcohol is expressly forbidden unless
approved by the Select Board.
Approval of an outdoor dining or retail license shall not be
construed as an approval for signs to be placed on public property
by a licensee. See Article VIII Section 5.2 for the definition of
a sign and for bylaws pertaining to signs.
Due to the seasonal and temporary nature of outdoor dining areas,
the seating allowed by an outdoor dining license will not be considered
an increase in the number of seats serving a business establishment,
and will not be counted toward any off-street parking requirement.
Application for an outdoor dining or retail license shall be
made to the Select Board and a copy shall be submitted to the Inspector
of Buildings, Board of Health, Andover Fire Rescue and the Andover
Police Department for their reviews. 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 business
owner, the proposed dates and times of operation, and a plan meeting
the requirements of § 9.2.2 below. The application shall
be signed by the owner of the building or owner's representative or
attorney.
A neatly drawn scaled plan and seven (7) copies shall be submitted
with the application depicting the precise dimensions and location
of the temporary and seasonal placement of outdoor dining areas and
placement of retail furniture and fixtures; the arrangement of furniture,
perimeter fencing, umbrellas, and any other obstruction, and the width
of sidewalk/parking space/other public area to be used, and a description
of the area available for pedestrian and wheelchair passage. The plan
will also include a written description of the colors and materials
to be used. Photographs or samples of proposed furniture and materials
shall be provided upon request of the Select Board or Design Review
Board.
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 business or 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 with associated endorsements to the Town evidencing coverage
for all insurance required by the Town. In addition, the licensee
shall carry Commercial General 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 temporary
and seasonal outdoor services. The Commercial General Liability Policy
shall insure against all claims and demands for bodily injury and
property damage with respect to the temporary and seasonal outdoor
dining facilities and retail services, and shall be in such form and
amount as determined by the Select Board. The Town shall be named
as an "additional insured" in all policies for such insurance. All
insurance policies shall be primary and noncontributory and shall
contain a waiver of subrogation in favor of the Town. 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 and endorsements evidencing the
same.
The Select Board may approve an outdoor dining or retail license
after determining that the design and location is suitable to its
environs, and that all other requirements of the license have been
met. The Select Board shall consider any comments made by the Inspector
of Buildings, Board of Health, Andover Fire Rescue, Andover Police
Department, Planning Division or the Design Review Board prior to
rendering a decision.
Upon approval of an outdoor dining or retail license by the
Select Board, the owner and operator of the business and the Select
Board 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.
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.
[Added 5-13-2014 ATM, Art. 63]
(a)
The Select Board 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 Select Board 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 Select Board 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 Select Board and payment of
the annual fee.
(d)
The Select Board 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 Select Board 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 Select Board 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.
