[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee as Ch. 6 of the 1976 Code.
Amendments noted where applicable.]
Unless otherwise specified, licenses granted
under this chapter shall expire on April 30 of each year, unless revoked,
but they may be granted during April to take effect on the first day
of May next ensuing. The City Clerk shall give at least 30 days' written
notice to any licensee of the upcoming expiration of his license.
[Added 11-20-1984; amended 9-1-2009]
No proposed licenses or amendments or restrictions
which have been unfavorably acted upon by the City Council shall be
considered by the City Council within one year of the date of unfavorable
action.
[Added 11-20-1984; amended 9-1-2009]
The City Council reserves the right, in its
sole discretion, to deny the petitioner the right to withdraw his
proposed license or amendment application after he begins his application
for such proposed license or amendments.
[Amended 5-18-1999 by Ord. No. 99-26]
Applications for licenses under this chapter
shall be filed with the City Clerk, who shall collect the fees as
specified and make returns to the City treasury as soon as possible
after the first of the month. All fees are to be paid at time of applying
for licenses and are not refundable.
[Added 4-17-2012 by Ord. No. 12-06]
All applicants who do not own the property upon which the license
shall be used must file with the City Clerk at the time of the filing
of the application a copy of the lease agreement or its equivalent.
[Amended 9-1-2009]
A.
An auctioneer's license may be granted to any suitable
inhabitant of the City who has resided therein during the six months
next preceding the application for such license to be an auctioneer
therein for one year. The license fee shall be as set from time to
time by the City Council.[1]
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
B.
A special auctioneer's license may be granted to any
person not such an inhabitant of the City for days specified in the
license. The license fee shall be as set from time to time by the
City Council.[2] (See MGL c. 100.)
[2]
Editor's Note: The current fees are on file
in the office of the City Clerk.
A.
Licenses may be granted to keep for hire billiard
tables, pool tables, shuffleboards or bowling alleys. All places where
pool, bowling alleys or billiards are used for hire shall be closed
from 1:00 a.m. to 6:00 a.m., except on Saturday nights, when they
shall close at 12:00 midnight. The license fee shall be as set from
time to time by the City Council.[1] (See MGL c. 140, §§ 177, 178, 179 and 180.)
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
B.
Bowling is permitted on Sundays between the hours
of 1:00 p.m. and 11:00 p.m. (See MGL c. 136, § 4B.)
[Amended 12-2-1980; 5-7-1985]
A.
Any keeper of such shops shall place in a suitable
and conspicuous area in his shop a sign having his name and occupation
legibly inscribed thereon in large letters.
B.
No keeper of a junk or pawnshop and no junk collector
shall, directly or indirectly, either purchase or receive by way of
barter or exchange any junk, precious metal, old metal or secondhand
articles from a minor, knowingly or having reason to believe him/her
to be such.
C.
No article purchased or received by such shopkeeper
shall be sold until at least 30 days from the date of its purchase
or from the date the receipt has lapsed.
D.
No keeper of a pawnshop and no keeper of a shop for
the purchase, sale or barter of junk, precious metal, old metal or
secondhand articles shall purchase or take in pawn any item if it
appears that such item has had any serial number or identifying marks
removed or apparently removed. For the purpose of this section, identifying
marks shall include but not be limited to engravings, initials or
similar inscriptions on rings, watches or other jewelry or similar
inscriptions on other items.
E.
Junk shops and pawnshops shall be closed except between
the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper
thereof and no junk collector shall purchase any junk, precious metal,
old metal or secondhand articles except during such hours.
F.
Every keeper of a shop for the purchase, sale or barter
of junk, precious metal, old metal or secondhand articles and every
pawnbroker within the limits of the City shall keep a permanent bound
book in which shall be written at the time of every purchase of any
article a description thereof; the name, age and residence of the
person from whom and the day and hour when such purchase was made;
and such book shall at all times be open to the inspection of officers
of the Police Department and of any person authorized by the Police
Department to make such inspections.
G.
Every such licensed dealer shall record every transaction
on an index card supplied by the Police Department to such dealer.
This card must be filled out completely with one article described
on each card. These cards will be picked up daily by a police officer.
[Added 12-19-2000 by Ord. No. 00-86]
A.
No person, firm, corporation, partnership or other
entity shall maintain or operate a junkyard without first having obtained
a license from the City Council.
[Amended 9-1-2009]
B.
JUNKYARD
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any lot or place which is exposed to the weather whereupon
are kept for salvage purposes any motor vehicle or motor vehicle parts,
iron, steel, brass, copper or any types of metals for the principal
purpose of salvaging the same for their value.
C.
Fencing required. A junkyard shall be entirely enclosed
by a fence eight feet in height, which shall be neatly kept in good
repair at all times and constructed of such material so as to exclude
such area from public view. The City Council may, in its discretion,
grant a waiver of the eight-foot requirement, upon a showing that
the area to be maintained is neat and that the surrounding neighborhood
is of a similar character and businesses. No advertising except to
identify the business shall be placed on the fencing.
[Amended 9-1-2009]
D.
Site plans. All applications for a junkyard license
shall be accompanied by eight copies of a site plan, drawn to one
to 20 scale, showing the following:
[Amended 9-18-2003 by Ord. No. 03-29]
(1)
Existing and proposed lines of streets, ways, easements
and public areas.
(2)
Lot lines, with dimensions.
(3)
Ownership, zoning and use of abutting land.
(4)
Location of proposed and existing buildings, vehicle
storage areas, other storage areas, outdoor work areas, parking areas
and refuse disposal areas, if applicable.
(5)
Location of existing and proposed lighting, signs
and fences.
E.
The City Council may impose reasonable restrictions
which may include the following, but shall not be limited to the following:
[Amended 9-1-2009]
[Amended 9-1-2009]
No person shall permit or allow any building
or property to be used for public dances without first obtaining a
license. The license fee shall be as set from time to time by the
City Council.[1]
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
[Amended 12-2-1980; 5-7-1985; 6-19-2007 by Ord. No. 07-55; 9-1-2009; 2-16-2010 by Ord. No.
10-03]
A.
No person, firm or corporation shall engage in the
business of operating a shop for the purchase, sale or barter of secondhand
articles without obtaining a license therefor and complying with the
terms of this section. Licenses may be granted to suitable persons
to be dealers in and keepers of shops for the purchase, sale or barter
of secondhand articles.
B.
Every keeper
of a shop for the purchase, sale or barter of secondhand articles,
precious metal, old metal or secondhand articles who operates within
the City of Chicopee shall keep a permanent bound book in which shall
be written at the time of every purchase of any article a description
thereof, the names, age and residence of the person from whom and
the day and the hour when such purchase was made; and such book shall
at all times be open to the inspection by officers of the Police Department
and by any person authorized by them to make such inspection.
C.
A dealer
or keeper of secondhand articles is one who keeps a shop, store or
place of business for the primary or secondary purpose of purchasing
or sale of used merchandise (e.g., furniture, appliances, furnishings,
tools, clothing, jewelry, books, glass, DVDs, tapes, compact discs,
electronic devices, etc.).
D.
Those shops,
stores and places of business which lease new merchandise and thereafter
sell the same as used merchandise after its useful lease life expires
shall not for purposes of this section be considered a dealer or keeper
of secondhand articles and shall not be subject to the requirements
of this section.
F.
No secondhand
article purchased or received by such dealer or keeper shall be sold
or otherwise disposed of until at least 30 days after the date of
its purchase.
G.
A dealer
or keeper of secondhand articles who fails to comply with any of the
above described requirements shall be subject to the following penalties:
[Amended 9-1-2009]
[Amended 9-1-2009]
No person shall engage in the business of conducting
or maintaining an open-air parking space without first obtaining a
license. License fees are as set by the City Council.[1] (See MGL c. 1 40, §§ 70 to 84, inclusive.)
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
A.
No person shall carry on the business of pawnbroker
without first obtaining a license. The license fee shall be as set
by the City Council.[1] Such licenses must be approved by the Chief of Police
prior to the issuance. (See MGL c. 140, §§ 70 to 84,
inclusive.)
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
B.
No pawn broker in the City of Chicopee shall charge
interest on loaned moneys, as a result of a pawning agreement or otherwise,
in excess of 18% per annum. All loan or pawning agreements shall be
in writing and shall clearly state the annual percentage rate for
loaned moneys which result from a pawning agreement or otherwise.
C.
Any keeper of such shops shall place in a suitable
and conspicuous area in his shop a sign having his name and occupation
legibly inscribed thereon in large letters.
[Added 5-7-1985]
D.
No keeper of a junk or pawn shop and no junk collector
shall, directly or indirectly, either purchase or receive by way of
barter or exchange any junk, precious metal, old metal or secondhand
articles from a minor, knowingly or having reason to believe him/her
to be such.
[Added 5-7-1985]
E.
No article purchased or received by such shopkeeper
shall be sold until at least 30 days from the date of its purchase
or from the date the receipt has lapsed.
[Added 5-7-1985]
F.
No keeper of a pawnshop and no keeper of a shop for
the purchase, sale or barter of junk, precious metal, old metal or
secondhand articles shall purchase or take in pawn any item if it
appears that such item has had any serial number or identifying marks
removed or apparently removed. For the purpose of this section, identifying
marks shall include but not be limited to engravings, initials or
similar inscriptions on rings, watches or other jewelry or similar
inscriptions on other items.
[Added 5-7-1985]
G.
Junk shops and pawnshops shall be closed except between
the hours of 7:00 a.m. and 9:00 p.m. of each weekday, and no keeper
thereof and no junk collector shall purchase any junk, precious metal,
old metal or secondhand articles except during such hours.
[Added 5-7-1985]
H.
Every keeper of a shop for the purchase, sale or barter
of junk, precious metal, old metal or secondhand articles and every
pawn broker within the limits of the City shall keep a permanent bound
book in which shall be written at the time of every purchase of any
article a description thereof; the name, age and residence of the
person from whom and the day and hour when such purchase was made;
and such book shall at all times be open to the inspection by officers
of the Police Department and by any person authorized by the Police
Department to make such inspections.
[Added 5-7-1985]
I.
Every such licensed dealer shall record every transaction
on an index card supplied to them by the Police Department. This card
must be filled out completely with one article described on each card.
These cards will be picked up daily by a police officer.
[Added 5-7-1985]
[Amended 9-1-2009]
A license may be granted to carry on the business
of slaughtering of meat, cattle, horses, mules, sheep or swine. The
license fee shall be as set by the City Council.[1] (See MGL c. 94, §§ 118, 119, 120, 120A,
135 and 137.)
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
B.
All licenses granted under this section shall be granted
with the restriction that said license be used within one year from
the date of granting.
D.
No certificate of registration shall be granted until
the Fire Department has forwarded to the License Committee all recommendations
on applications before public hearing.
[Added 4-15-1980]
B.
Residency requirement.
[Amended 2-1-2000 by Ord. No. 00-2]
(1)
No applicant for a second-class motor vehicle license
under this section shall be granted a license unless said applicant
has been a resident of the City for the entire year immediately prior
to the date of application of the license.
(2)
Any and all renewals shall be contingent upon continued
residency or by obtaining and maintaining state incorporation status.
C.
Application information; conditions.
[Added 1-16-1980; amended 11-7-1985]
(1)
All applications for new licenses or alterations to
existing licenses made in accordance with this section shall be accompanied
by eight copies of a site plan drawn to a scale of one to 20, showing
the following:
[Amended 4-16-1991 by Ord. No. 91-22; 3-16-1999 by Ord. No. 99-21E; amended 9-18-2003 by Ord. No. 03-30]
(a)
Existing and proposed lines of streets, ways,
easements and public areas.
(b)
Lot lines with dimensions.
(c)
Ownership, zoning and use of abutting land.
(d)
Location of proposed and existing buildings,
vehicle storage areas, other storage areas, outdoor work areas, parking
areas and refuse disposal areas.
(e)
Location of existing and proposed lighting,
signs and fences or hedges.
(2)
Additional information may be required by the City
Council prior to the issuance of a license under this section.
[Amended 9-1-2009]
(3)
Copies of the application shall be submitted to and
reviewed by the Department of Planning and Development, the Board
of Health, the City Engineer, the Building Commission, the Commission
for the Disabled and the Fire Department at least 21 days prior to
the hearing. Recommendations from said departments or officer or boards
shall be sent to the City Council; provided, however, that failure
of any such board, officer or agency to make recommendations within
21 days from receipt shall be deemed lack of opposition thereto.
[Amended 9-18-2003 by Ord. No. 03-32; 11-16-2004 by Ord. No.
04-104; 9-1-2009]
(4)
Upon granting of a license, the Council may impose
restrictions and conditions as to the operation of the business concerning
hours of operation, fencing and screening, parking, vehicle storage,
location of other outdoor storage, outdoor work area and/or other
restrictions and conditions which the Council decides are necessary
to protect the surrounding neighborhood from adverse impacts of the
proposed activity.
[Amended 9-1-2009]
(5)
It shall be the responsibility of the Building Commission
or its designee to assure compliance with the various license provisions
by the licensee.
(6)
Failure on the part of the licensee to comply with
the submitted plan or other conditions of the license shall be sufficient
cause for suspension or revocation of the license by the Council,
after a duly held hearing, with at least seven days' written notice
being provided to the licensee and direct abutters.
[Amended 9-1-2009]
D.
All applications for Class 1, 2 and 3, motor vehicle
repair/auto body shop licenses shall be submitted to the Administrative
Assistant and Part-Time Clerk concerning such application for background
information on applicants in conjunction with the Registry of Motor
Vehicles. No applicant shall be granted a license if he/she has been
convicted of a felony within the last seven years.
[Added 10-15-1985; 10-21-2003 by Ord. No. 03-52]
F.
All applicants of a Class 1, 2 or 3 license shall be supplied a copy of this section either by the City Clerk's office or Council Secretary, and by signing their name in acknowledgment of having received application and a copy of this section, §§ 188-15 and 188-15.1; said acknowledgment to be kept with license in the City Clerk's office and a copy submitted to the License Committee Chairman.
[Added 11-7-1985; amended 2-1-2000 by Ord. No. 00-1; 9-1-2009]
G.
A manufacturer, as defined in MGL c. 90, § 1, shall be required to obtain a Class 1 or Class 2 license in order to sell vehicles.
[Added 4-1-1986]
H.
Class 1 license. Any person who is a recognized agent
of a motor vehicle manufacturer or a seller of motor vehicles made
by such manufacturer whose authority to sell the same is created by
a written contract with such manufacturer or with some person authorized,
in writing, by such manufacturer or with some person authorized, in
writing, by such manufacturer to enter into such contract and whose
principal business is to enter into such contract and whose principal
business is the sale of new motor vehicles, the purpose and sale of
secondhand motor vehicles being incidental or secondary thereto, may
be granted an agent's or a seller's license, provided that, with respect
to secondhand motor vehicles purchased for the purpose of sale or
exchange and not taken in trade for new motor vehicles, such dealer
shall be subject to all provisions of this chapter and of rules, restrictions
and regulations made in accordance therewith applicable to holders
of a license of Class 2.
[Added 2-18-1992 by Ord. No. 92-15]
I.
Class 2 license. Any person whose principal business
is the buying or selling of secondhand motor vehicles may be granted
a used car dealer's license; provided, however, that such person maintains
or demonstrates access to repair facilities sufficient to enable him
to satisfy the warranty repair obligations imposed by MGL c. 90 § 7N 1/4.
A used car dealer shall remain liable for all warranty repairs made
and other obligations imposed by said MGL c. 90 § 7N 1/4.
[Added 2-18-1992 by Ord. No. 92-15]
J.
Class 3 license. Any person whose principal business
is the buying of secondhand motor vehicles for the purpose of remodeling,
taking apart or rebuilding the same or the buying or selling of parts
of secondhand motor vehicles or tires or the assembling of secondhand
motor vehicle parts may be granted a motor vehicle junk license.
[Added 2-18-1992 by Ord. No. 92-15]
[Added 12-3-2019 by Ord. No. 19-64]
As used in this chapter the following terms shall have the meanings
as indicated.
Any motor vehicle which satisfies one or more of the following
critria:
[1]
Editor’s Note: Former § 188-15.1, Class II
licenses, added 2-16-1999 by Ord. No. 99-15, as amended, was repealed
4-17-2012 by Ord. No. 12-07.
[Added 10-4-1983; amended 10-19-1993 by Ord. No. 93-48; 10-19-1993 by Ord. No. 93-49]
A.
AUTO BODY SHOP LICENSE
MINOR REPAIRS
MOTOR VEHICLE REPAIR LICENSE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Premises primarily used for body work of motor vehicles,
including but not limited to auto body, muffler and exhaust systems
and transmission repair and auto body painting. It includes towing
service for automotive truck repair services and other repair services
normally contracted for by individuals.
[Amended 1-16-2007 by Ord. No. 07-23]
For the purposes of this section, "minor repair" of automobiles
shall include only the type of work exemplified or so noted on the
license as granted. The term "minor repairs" specifically excludes
any type of repair that requires heavy or special equipment to perform
the repair and specifically excludes repairs such as brake jobs, engine
repair or replacement, parts repair or replacement and the like. The
City Council may add to, modify or change this definition by specific
reference on any license approved by the Council.
[Amended 9-1-2009]
Premises primarily used for repair work on motor vehicles,
including but not limited to brake jobs, engine repair and replacement,
electrical work, including, but not limited to, installation of audio/video
equipment and/or remote vehicle starters, muffler and exhaust system
and transmission repairs, as well as other repairs of any major or
minor nature needed on automobiles or motor vehicles, exclusive of
auto body work. It includes towing service for automotive, truck repair
and other repair services normally contracted for by individuals.
[Amended 1-16-2007 by Ord. No. 07-23; 2-16-2016 by Ord. No. 16-3]
B.
Anyone operating a motor vehicle repair business or
auto body shop business shall be licensed by the City Council, who
may impose restrictions and conditions as to the operation of the
business as deemed necessary and reasonable by the City Council concerning
hours of operation, fencing and screening, parking, vehicle storage,
number of vehicles, location of outdoor storage, outdoor work area
and/or other restrictions and conditions which the Council decides
are necessary to protect the surrounding neighborhood from adverse
impacts of the proposed activity.
[Amended 5-17-2005 by Ord. No. 05-129; 9-1-2009]
C.
Licenses required. No person, firm or corporation
shall engage in the business of operating an auto repair and/or auto
body shop without obtaining a license therefor and complying with
the terms of this section.
D.
Each license shall comply with all City zoning ordinances.
No auto repair license or auto body license shall be operated in such
a way as to cause a nuisance.
E.
Enforcement. It shall be the responsibility of the
Building Department to assure compliance with this section.
F.
Application, fee, license year.
(1)
Applications for licenses hereunder shall be made
to the City Clerk, on forms to be provided by the Clerk. Each application
shall be accompanied by an annual fee as on file at the City Clerk's
office, such fee to be approved by the City Council. Persons operating
an auto repair and/or auto body shop shall provide and post an address
in the City where such persons may be contacted during business hours
and where notices and legal process may be served on such persons.
If such address changes, the licensee shall notify the City Clerk
immediately.
[Amended 9-1-2009]
(2)
All applications for licenses for motor vehicle repair
and auto body made in accordance within this section shall be accompanied
by seven copies of a site plan, drawn to scale of one to 20, showing
the following:
[Added 9-17-1998 by Ord. No. 98-58; amended 4-19-2005 by Ord. No. 05-120]
(a)
Existing and proposed lines of streets, ways,
easements and public areas.
(b)
Lot lines, with dimensions.
(c)
Ownership, zoning and use of abutting land.
(d)
Location of proposed and existing buildings,
vehicle storage areas, other storage areas, outdoor work areas, parking
areas and refuse disposal areas.
(e)
Location of existing and proposed lighting,
signs and fences.
G.
Expiration of motor vehicle repair/auto body licenses.[1]
(2)
Notifications shall be sent of expiring licenses.
(3)
The City Clerk shall be authorized for the first full
year of enactment to prorate costs 1/12 per month.
[1]
Editor's Note: This subsection supersedes
former § 188-16.1, Expiration of motor vehicle related licenses,
added 2-18-1992 by Ord. No. 92-15.
[Added 9-18-2008 by Ord. No. 08-38]
A.
VEHICLE DETAILING
Definition.
As used in this section, the following terms shall have the meanings
indicated:
The washing, cleaning, polishing and/or buffing of motorized
vehicles as a primary business.
B.
Any
person, partnership, corporation or other entity engaged in the business
of vehicle detailing shall possess a license issued by the City Council.
D.
Any
person, partnership, corporation or entity who possesses a Class I,
II, III, or auto body license issued by the City Council shall be
exempt from this section with respect to those vehicles which they
have repaired or which are for sale.
E.
This
section shall take effect on January 2, 2009.
F.
This
section includes car washing facilities that do manual detailing.
G.
Fee.
The annual fee shall be set by the City Council and shall be on file
with the Office of the City Clerk.
[Added 10-20-2009 by Ord. No. 09-26]
[Amended 6-30-1981; 9-20-1983; 5-15-1984; 9-20-1984]
A.
FLEA MARKET
HAWKER and PEDDLER
TRANSIENT VENDOR
As used in this section, the following terms shall
have the meanings indicated:
Includes a market, indoor or out of doors, where new or used
items are sold from individual locations, with each location being
operated independently from another location. Items sold include but
are not limited to household items, antiques, rare items, decorations
and used articles.
[Added 2-2-1999 by Ord. No. 99-6]
Includes any person, either principal or agent, who goes from town to town or from place to place in the same town selling or bartering or carrying for sale or barter or exposing any goods, wares or merchandise, either on foot or from any animal or vehicle. (See MGL c. 101, § 13.)
Includes any person, either principal or agent, who engages in a temporary or transient business in the commonwealth selling goods, wares or merchandise, either in one locality or in traveling from place to place. (See MGL c. 101, § 2.)
B.
Transient vendors.
(1)
A transient vendor, before selling goods, wares or merchandise in Chicopee, must apply to the City Council for a license and must file a true statement of the average quantity and value of the stock kept or intended to be kept or exposed by him for sale. The City Council may, however, waive the filing of such list and fix a license fee in its discretion. (See MGL c. 101, §§ 1 through 12.)
[Amended 9-1-2009]
(2)
Transient vendor group licenses.
[Added 10-20-1992 by Ord. No. 92-72]
(a)
A transient vendor group license is a license
that may be issued for a group, wherein one license only shall be
required for the individual sellers involved (e.g., trade shows, dealer
shows and the like).
(b)
All such licenses shall be issued for a fixed
period of time only and, where the time is not specified, shall be
limited to a two-day period only.
(c)
When a transient vendor group license is issued,
only one license shall be issued for all sellers involved. The license
involved must, as the circumstances dictate, either provide or keep
for inspection purposes (and provide to the City for any future enforcement
needs) accurate records of all sellers participating in any such show.
Such records shall at a minimum provide a name and address wherein
any sellers participating may be reached or served.
(d)
Size of group. Unless otherwise stated on the
license, the size of the group involved shall be limited to 10 or
more vendors or sellers.
(f)
One person or designee representing the group
must be named as the agent for compliance with this chapter and be
responsible for the group.
C.
Hawkers and peddlers may sell without a license newspapers,
religious publications, ice, flowering plants and uncultivated flowers,
fruits, nuts and berries.
D.
A license shall be required by hawkers and peddlers
of meats, butters, cheese, fish and fresh fruits or vegetables. These
would also include hot dogs, hamburgers, meat sandwiches/grinders,
ice cream, flavored ice, and all other food items and snacks.
[Amended 11-16-2004 by Ord. No. 04-103; 5-21-2013 by Ord. No. 13-10]
(1)
Upon the granting of a license, the Council may impose restrictions
and conditions as to the operation of the business concerning hours
of operation and/or other restrictions and conditions which the Council
decides are necessary to protect the citizens of the City of Chicopee.
(2)
An applicant seeking a license to operate an ice cream truck within the City of Chicopee shall be required to comply with the requirements of MGL c. 270, § 25, and 520 CMR 15.00, including, but not limited to, providing the City with permission to obtain a CORI information from the Board of Probation as detailed in MGL c. 6, § 172B 1/2. Failure to comply with the requirements of MGL c. 270, § 25, and 520 CMR 15.00 may result in a fine of $150 for a first offense; $250 for a second offense; and $500 for a third or subsequent offense.
E.
Hawkers and peddlers may not sell jewelry, fruits, wines or spiritous liquors or, except under temporary licenses, small artificial flowers or miniature flags. (See MGL c. 101, § 17.)
F.
This section relating to hawkers and peddlers does not apply to wholesalers or jobbers selling to dealers only or to persons selling by sample or otherwise for future delivery or to fuel oil dealers who do not solicit direct sales from house to house or by outcry, sign or signal or to persons selling fish or farm products obtained by the labor of himself or his family or to persons selling for charitable purposes under MGL c. 101, § 33, or to persons licensed under MGL c. 94, § 40, to sell eggs, milk and milk products. (See MGL c. 101, § 15.)
G.
This section does not apply to costume jewelry with a value of not more than $10 per piece made by a nonprofit or charitable organization. (See MGL c. 101, § 16.)
H.
No street or alley shall be blocked by any merchandise
offered for sale hereunder. A two-foot passageway for pedestrians
shall be left open, and merchandise shall be securely and adequately
placed so that it will not endanger passersby or fall or extend into
any street or alley. Such sales shall not be operated in any manner
which would cause a nuisance or create a fire hazard.
I.
The Police Department shall make sufficient inspections
to ensure compliance with this section.
K.
A license fee for a flea market shall be $500 per
year. Each licensee shall be requested to keep accurate records of
the names and addresses of each flea market seller, together with
a brief description of the type or types of merchandise offered for
sale by that seller.
[Added 2-2-1999 by Ord. No. 99-7]
[Added 2-19-1991 by Ord. No. 91-1A]
A.
No person or organization shall solicit in the City
without obtaining a license from the City Council.
[Amended 9-1-2009]
B.
The application is to be obtained and filed with the
City Clerk for public record and posting.
C.
The application must be approved by the Chief of Police
prior to the public hearing set by the City Council.
[Amended 9-1-2009]
D.
The applicant must register the organization, sponsor
and benefactor of charitable event and provide a date and a time when
the event is to take place and where the event is to be held.
E.
Means of identification must be made available and
open to the viewing public with the accompanying license.
F.
Fees to any and all charitable organization(s) are
to be waived. Applications by charitable organizations are to be submitted
to the Safety Committee.
G.
"Charitable organizations" are defined to mean public
service or human service corporations or associations who operate
on a not-for-profit basis.
H.
The penalty or fine for any individual, group of individuals,
corporation or association found to be in violation of this chapter
shall be $50 for each and every violation, and each day or portion
of a day soliciting without an authorized license shall be considered
a separate violation.
I.
"Soliciting," as used in this chapter, shall be restricted
in meaning to the seeking of money without the providing of anything
in return. "Soliciting," as defined therein, is not intended to cover
charitable organizations who provide some item in return for a fee
such as poppies, badges, etc.
J.
Licenses for solicitation shall be limited by time
and general location and must be displayed on the person or persons
so licensed.
K.
The intent and purpose of this section of the Code
is to require reporting procedures for solicitation in neighborhoods
or through approaching people in the street, or on bridges or other
public ways.
[Added 3-17-1992 by Ord. No. 92-19]
L.
This section of the Code is not intended to apply
to school-related groups or the like who run dances or who sponsor
fund raisers on school or City property for the benefit of the school
or any City function or department.
[Added 3-17-1992 by Ord. No. 92-19]
N.
Hours for solicitation in neighborhoods or through
approaching people in the street or bridges or other public ways will
be limited to the hours from 9:00 a.m. until dusk.
[Added 4-20-1993 by Ord. No. 93-10]
[Amended 9-1-2009]
The taxi driver's and operator's license fee shall be as set by the City Council. (See Chapter 250 of this Code.)
[Amended 9-1-2009]
Licenses may be granted to suitable persons to establish an intelligence office for the purpose of obtaining or giving information concerning places of employment, etc., as provided in MGL c. 140, §§ 41 to 46. The fee for said license shall be as set by the City Council.[1]
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
[Added 8-2-1977; amended 12-20-1977; 6-21-1983; 3-18-1997 by Ord. No. 97-16]
A.
Any person, firm or corporation desiring to operate or maintain a motor fuel service station or a self-service motor fuel station in the City of Chicopee shall make application therefor. Such application shall specify the location and ownership. If a part of the station is to be a full-service motor fuel station and a part is to be a self-service motor fuel station, only one permit is required. The plot of land for which the petitioner is requesting a motor fuel service station or self-service motor fuel station license must be properly licensed for the storage of petroleum (§ 188-14) by the Chicopee City Council.
[Amended 9-1-2009]
B.
Applications.
(1)
All applications for new licenses, transfers and any
and all interior or exterior or alterations to the existing premises
or licenses shall be accompanied by seven copies of a site plan, drawn
to a scale of one to 20, showing the following:
[Amended 3-16-1999 by Ord. No. 99-21D; 9-18-2003 by Ord. No. 03-31; 6-21-2005 by Ord. No. 05-154; 11-15-2005 by Ord. No.
05-175]
(a)
Existing and proposed lines of streets, ways,
easements and public areas.
(b)
Lot lines with dimensions.
(c)
Ownership, zoning and use of abutting land.
(d)
Location of proposed and existing buildings,
vehicle storage areas and other storage areas.
(e)
Location of existing and proposed lighting,
signs and fences or hedges.
(f)
Location of existing or proposed underground
or aboveground storage tanks and all associated equipment.
C.
The fee for a license to operate a motor fuel or self-service
motor fuel station shall be $100 for a new license or substantial
changes in the facilities as determined by the Fire Department or
Building Inspector.
[Amended 5-19-1998 by Ord. No. 98-23]
D.
The license is granted to the petitioner only. Any
subsequent person, firm or corporation must make application therefor
prior to the commencement of operations.
E.
The license is granted on the condition it may be
summarily revoked or suspended for cause.
F.
Self-service motor fuel stations must have an attendant
at the gasoline-dispensing console at all times. This attendant:
(1)
Must have an unobstructed visual contact with the
product dispensers while motor fuel is being dispensed.
(2)
Must not leave the console while motor fuel is being
dispensed.
(3)
Will turn off the dispensing console if required to
leave the console.
(4)
Must have a two-way communications system between
the dispensing console and the product dispensers.
G.
There shall be no vehicle parking allowed in the area
between the dispensing console and the product dispensers.
H.
Before the fuel tank of any vehicle is serviced, the
motor and ignition of the vehicle must be turned off.
I.
No smoking shall be allowed on the premises of a motor
fuel station or a self-service motor fuel station at any time.
J.
Each self-service motor fuel station and the self-service
portion of a split-island motor fuel station, shall be equipped with
a fire suppression system. The fire suppression system shall be approved
by the Commonwealth of Massachusetts Fire Marshal and shall be maintained
in accordance to applicable Massachusetts General Laws (MGL) and Code
of Massachusetts Fire Prevention Regulations (CMR).
K.
All motor fuel stations and self-service motor fuel
stations shall be maintained and conducted so that vehicular traffic
and pedestrian traffic is not obstructed. All buildings shall be kept
in a neat, clean condition. All driveways and adjacent streets and
sidewalks shall be kept clean and free of trash.
L.
All new self-service motor fuel stations or any self-service
motor fuel station undergoing a major renovation(s) as determined
by the Fire Department shall have restrooms and provide compressed
air.
|
(New = Post
|
________)
| |
|
date
|
M.
All motor fuel service stations and self-service motor
fuel stations shall be equipped with one portable fire extinguisher,
with a minimum classification of 40-B:C, for every 1,000 square feet
of floor area.
N.
The Fire Department shall inspect all motor fuel stations
and self-service motor fuel stations within the City often enough
to assure compliance with this chapter.
O.
Failure to comply with the restrictions herein will
be deemed just cause for the revocation of the self-service motor
fuel permit.
P.
All new motor fuel stations must have adequate on-site
drainage installed. At existing motor fuel service and self-service
motor fuel stations, adequate on-site drainage must be installed upon
repaving or major renovation of the station. On-site drainage shall
be installed with review and approval of the Department of Public
Works.
Q.
A self-service motor fuel station shall mean any business
selling or offering for sale any motor fuel such as gasoline or diesel
to the public where the public is permitted and expected to operate
the pump to put fuel into the vehicle's tank and no repairs or other
services, excluding washing of windows and checking of oil, are performed
on a fee basis.
[Added 5-19-1998 by Ord. No. 98-22]
R.
A motor fuel service station shall mean any business
selling or offering for sale any motor vehicle such as gasoline or
diesel fuel to the public where the public is not permitted and expected
to operate the pump to put fuel into the vehicle's tank and where
the public is offered repairs, and/or other services for a fee.
[Added 5-19-1998 by Ord. No. 98-22]
S.
Sale of
gasoline for illegal purposes.
[Added 12-21-2021 by Ord. No. 21-77]
(1)
No owner or employee of any retail dealer of gasoline shall sell, offer for sale, or attempt to sell any article or product represented as gasoline for use in any motorized recreational vehicle as defined in this chapter, unless that vehicle is conveyed to and from the retailer's premises by a registered motor vehicle, as defined under MGL c. 90, § 1, as may be amended, and no individual shall purchase or attempt to purchase gasoline for use in any motorized recreational vehicle as defined in this chapter.
(2)
Signs
with the words "FUELING OF ALL TERRAIN VEHICLES, MINI-CYCLES, DIRT
BIKES, OR OTHER UNAUTHORIZED VEHICLES PROHIBITED" in English and "PROHIBIDO
DESPACHAR GASOLINA A ALL TERRAIN VEHICLES, MINI-CYCLES, DIRT BIKES,
A OTROS VEHICULOS NO AUTORIZADOS" in Spanish at least one inch in
height with a contrasting margin shall be posted at all dispensing
locations. The location of warning signs shall be based on local conditions
but shall be visible and legible from all gas pumps. Signage to be
provided by the City.
(3)
Any owner of any retail dealer of gasoline which violates any provision of Subsection S(1) or (2) of this section who owns or is employed by a retail dealer that has been previously issued a warning as the result of a previous violation of Subsection S(1) or (2) of this section shall be fined $100 per occurrence. Each motorized recreational vehicle as to which an owner or employee of any retail dealer of gasoline sells, offers for sale, or attempts to sell gasoline shall be considered a separate violation of Subsection S(1) above.
|
Offense
|
Fine
|
Enforcing Personnel
|
|
Sale of gasoline for illegal purposes
|
$100
|
Chicopee Police Department
|
[Added 9-21-1978]
A.
No person, firm, corporation, partnership, or other
entity shall be granted a license on any property which is in default
on the payment of taxes, license fees, or other fees or money owed
to the City by either the applicant or the property owner without
the consent of a two-thirds vote by the full City Council.
[Amended 5-20-2003 by Ord. No. 03-16; 2-21-2006 by Ord. No.
06-183; 9-1-2009]
B.
No license or permit granted under this chapter and
subject to renewal shall be renewed in any year by any license holder
who is in default on the payment of taxes, license fees, or other
moneys due the City, or if the owner of said property has not paid
taxes, fees or other moneys owed to the City without the consent of
a two-thirds vote by the full City Council.
[Amended 5-20-2003 by Ord. No. 03-16; 2-21-2006 by Ord. No.
06-183; 9-1-2009]
[Added 3-19-1996 by Ord. No. 96-12; 5-18-1999 by Ord. No. 99-29; 2-15-2000 by Ord. No. 00-22; 4-17-2007 by Ord. No.
07-37]
A.
Any person, firm or corporation found operating a
business without a license or proper permit shall, by order of the
Building Commissioner, cease said operation immediately and shall
be fined $200 for the illegal operation.
B.
Failure to cease operation as directed will subject
the operator to additional daily fines of $50.
C.
Nonoperation shall continue until such time as a proper
license with restrictions is issued by a vote of the full City Council.
[Amended 9-1-2009]
D.
Anyone granted a license under this chapter shall
have 10 working days from the date of final passage by the full City
Council to pick up the license from the City Clerk's office. Failure
to pick up the license after the expiration of the 10 working days
shall cause the license to become null and void.
[Amended 9-1-2009]
E.
If it is found that the license holder has failed
to comply with any one or more of the conditions imposed upon a license
granted to the license holder under this chapter, the City Council
may: revoke the license; suspend the license for a specific period
of time; fine the license holder; or any combination thereof, as determined
by the City Council. The potential fine shall be not less than $50
nor more than $500 per violation and shall be paid within 30 calendar
days from the day the penalty was imposed and approved by the City
Council.
[Amended 9-1-2009]
[Added 4-20-1999 by Ord. No. 99-25; amended 9-1-2009]
The City of Chicopee reserves the right to limit
the number of licenses existing on any one lot. The City Council in
making its decision to limit the number of licenses shall take into
account the nature of the licenses, the impact upon the neighborhood,
the difficulties existing in the enforcement of the licenses and the
ability of the property owner to adequately provide delineation as
to the area(s) used by a license.
[Added 10-16-2012 by Ord. No. 12-26]
The City Council may include the following record retention
requirements as a restriction on any license granted under this chapter.
A.
Computerized records. The license holder shall keep a computerized
record of any and all transactions in a format to be determined by
the Chicopee Police Department.
B.
Identification of customer.
(1)
The license holder shall require positive identification from any
and all persons or entities who sell, pawn, pledge or otherwise deposit
any item with the license holder. The license holder shall identify
the type of identification provided and record the name, residence,
date of birth, and social security/identification number on a form
to be approved by the Chicopee Police Department. "Positive identification"
shall mean any picture identification card issued by a governmental
entity.
(2)
The license holder shall photograph any person pawning, selling,
pledging or otherwise depositing any item with the license holder.
The required photo shall be clear and of such quality that the person
shall be clearly identified. A photo shall be required each time a
person makes a separate transaction. Said photographs shall be stored
in a digitized format, and the image must be retrievable and a clear
copy provided to police upon request. The above-described photos shall
be maintained by the license holder for a minimum of three years.
(3)
The license holder shall transmit this digitized identification information
to the Chicopee Police Department in a format to be determined by
the Chicopee Police Department and as often as required by the Chicopee
Police Department.
C.
Transaction records.
(1)
The license holder shall accurately describe all items pawned, sold,
pledged, or otherwise deposited with the license holder. This description
shall include, but shall not be limited to, all distinguishing marks,
etchings, engravings, model names, model numbers and serial numbers.
Any jewelry with an affiliation to any institution or organization
shall include the name of said institution or organization, year and
inscribed initials, if any. Any and all descriptions of items of jewelry
shall include the material, ring size (if applicable), weight, length
(if applicable), shape and color. Descriptions of coins, stamps, collectible
cards, autographed items, figurines or other collectibles of any description
shall include any identifying features such as the name of the item,
date, denomination, color, size, brand name, vintage and image represented.
(2)
The license holder shall photograph any and all items pawned, sold,
pledged or otherwise deposited with the license holder. The required
photo shall be clear and such quality that the item(s) shall be clearly
identified. The photos shall be stored in a digitized format and the
image must be retrievable and a clear copy provided to police upon
request. The above described photos shall be maintained by the license
holder for a minimum of three years.
(3)
The license holder shall transmit this digitized transaction information
to the Chicopee Police Department in format to be determined by the
Chicopee Police Department and as often as required by the Chicopee
Police Department.
D.
Reporting of stolen items.
(1)
The license holder shall immediately report to the Chicopee Police
Department all incidents where a person claims that articles stolen
or wrongfully taken from him are in the possession of the license
holder or located within his place of business. In the event that
a person makes such a claim, the license holder shall ask the complaining
party to remain in the licensed premises and immediately contact the
Chicopee Police Department and request that a police report be taken.
The item(s) in question shall be tendered to the Chicopee Police Department
or stored in a safe place in the licensed premises until such time
as otherwise directed by the Chicopee Police Department. If the complaining
party does not wish to wait for the arrival of the Chicopee Police
Department, the license holder shall secure as much information as
possible from the complaining party and immediately provide the same
to the Chicopee Police Department.
(2)
All unusual or suspicious activity which may involve criminal behavior
that occurs in or near the licensed premises shall immediately be
reported to the Chicopee Police Department.
E.
Violations. Any person or entity which violates any provision of
this section shall be subject to the suspension or revocation of the
license granted. The City Council may, in addition to or in lieu of
a suspension or revocation, impose a fine of not more than $300 per
violation, enforcement by the Chicopee Police Department.
