[HISTORY: Adopted by the City Council of
the City of Marlborough as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-28-1972 by Ord. No. 11248;
amended in its entirety 5-15-1972 by Ord. No. 11472 (Ch. 112, Art. I, of
the 1986 Code)]
All gasoline stations, car washes or car wash
operations located in the City shall open for business no earlier
than 6:00 a.m. and close no later than 11:00 p.m. daily.
[Amended 9-11-1995 by Ord. No. 95-6218A]
A.
When, in the judgement of the City Council, the public
convenience and welfare may be substantially served without detrimental
effect upon the public health, peace or safety, the City Council may,
on petition to it in writing by the owner or operator of a gasoline
station, car wash or car wash operation, issue a permit granting an
exemption to the applicability of the curfew established by this article.
B.
If granted, such permit shall:
(1)
In regard to both location and holder, be nontransferable;
(2)
Be subject to such conditions and safeguards as the
Council, in the sole exercise of its discretion, may impose;
(3)
Initially be issued for a period of one year and may
thereafter, at the discretion of the City Council, be renewed for
periods of up to five years.
C.
Upon receipt of a petition, in writing, for a permit,
the City Council shall, within a reasonable time, set a date for a
public hearing on such petition. Notice of time and place of hearing
shall be given by publication, no less than seven days prior thereto,
in a newspaper published in the City and to the applicant, by certified
mail, not less than seven days prior to such hearing. The applicant
shall pay to the City Clerk an amount equal to the cost of publication
of such notice.
During hours in which gas stations, car washes
or car wash operations are closed for business, rest rooms, including
those having coin-operated devices, are to be locked so as to be inaccessible
to the public, and the lighting of the premises is to be at a minimum
and only sufficient to provide security.
This article shall apply equally to all existing
and subsequent gasoline stations, car washes or car wash operations.[1]
[1]
Editor's Note: Former Art. II, Self-Service
Gasoline Stations, adopted 8-25-1975 by Ord. No. 14906, which immediately
followed this article, was repealed 11-20-1989 by Ord. No. 89-3150A.
[Adopted 4-28-1980 by Ord. No. 20280 (Ch.
112, Art. III, of the 1986 Code)]
Fees for gasoline storage, as allowed under
MGL c. 148, § 13, as amended, shall be $10, and $1 for the
registration of the same.
