[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No. 10-012 (former Ch. 5.20 of the Town Bylaws, which derived from prior code Ch. 57, adopted STM 5-1-1989 by Art. 13). Amendments noted where applicable.]
No phrenologist, medium, clairvoyant, soothsayer, astrologist, fortune-teller, palmist, reader-advisor or the like, by whatsoever name called, shall conduct business or practice their trade for monetary consideration in the Town without first obtaining a license from the Board of License Commissioners and only after a criminal history check conducted by the Chief of Police of Braintree or his/her designee, the issuance of a certificate from the office of the Building Inspector that the property to be used for such purpose conforms with all Zoning Ordinances of the Town, and only after a determination by the Board of License Commissioners that issuance of such license would not be adverse to the public welfare, and after a public hearing.
A license to conduct a business described in this chapter shall be issued only to individuals and shall apply only to the premises shown on a plan furnished by the applicant. The plan need not be by a registered engineer but must be in a form and scale acceptable to the Town Engineer. The license, when issued, shall set thereon the name of the licensed individual and the approved location. The licensee shall be the operator of the licensed business. No person who is not duly licensed may conduct any business pursuant to this chapter nor shall any license issued for one premises be issued upon another. The license shall be displayed at all times in a prominent place upon the licensed premises.
The fee for the license shall be set by the Board of License Commissioners. No license shall be issued until such fee and any other costs have been paid to the Board of License Commissioners.
Any license issued under the provisions of this chapter shall be effective from the date of its issuance. A new application for a license must be made annually by December 31 if the licensee continues in business. The fee for such license for less than one year shall be prorated. Such license is personal with the licensee and does not go with the title of the land, nor may it be sold, assigned, transferred or disposed of without the permission of the licensing authority. Applications for renewal shall be made within 60 days from the date of expiration of the license and such renewal shall not be unreasonably withheld, unless for a good cause shown.
An application for a license pursuant to this chapter shall be made by the applicant, in writing, on forms approved by the Board of License Commissioners. The application shall be submitted under oath and shall set forth the name and address of the person who will conduct such business and the names and addresses of all persons having a beneficial interest in the business. It shall set forth an accurate description of the premises for which the license is sought, as described in this chapter. It shall contain such other detailed information as to the character and location of the business as may be required by the Board of License Commissioners to determine whether the issuance of the license sought would serve the public interest. Every applicant for a license pursuant to this chapter shall submit to the licensing authority a valid social security number or Massachusetts driver's license or employer identification number as proof of the identity of the applicant.
In each application, except in the case of an application for renewal of a license, the applicant shall undertake to defray the expense to the Town of the public hearing on his/her application. In addition to and simultaneously with the filing of his/her application, the applicant shall be responsible for the cost of advertising and postage for notice to abutters for the public hearing.
Upon the filing of the application with the Board of License Commissioners, written notice shall be given to the applicant, and public notice shall be given by advertisement in a newspaper circulating in the Town at least seven days prior to the hearing, of the time and place fixed for the hearing to be held before the Board of License Commissioners on the issuance of the license. In the case of an application for renewal of a license, the Board of License Commissioners may dispense with the requirement for public notice. The applicant and all interested persons shall have reasonable opportunity to be heard at such hearing.
In the licensing procedure under this chapter, the Board of License Commissioners shall take into consideration any record of a conviction of any crimes.
Each licensee under this chapter shall provide sanitary facilities for the use of all customers upon the licensed premises in accordance with regulations of the Building Division of the Town.
Any premises in the Town licensed under this chapter, when open for the transaction of business, shall be subject to inspection by any police or special police officer acting pursuant to his/her duties.
Upon notice to the licensee and after a hearing by the Board of License Commissioners at which it has been determined that the licensee has been convicted in a court of competent jurisdiction of a crime or cause has been shown that the licensee has violated the ordinances and/or Zoning Ordinances of the Town or the laws of the commonwealth, a license issued pursuant to this chapter may be suspended, modified or revoked by the Board of License Commissioners.