Articles
and Sections :
I.
AUTOMATIC AMUSEMENT DEVICES
5-1
Definitions.
5-2
License required.
5-3
Gambling devices not permitted.
5-4
Application for license.
5-5 Age
and citizenship requirements.
5-6
Consideration of application.
5-7
License fee.
5-8
License to be displayed.
5-9
License revocation.
5-10
Seizure and destruction of illegal devices.
5-11
Prohibitions.
5-12
License commission rules and regulations.
5-13
Penalty.
II. CARNIVALS
5-14
Clean-up deposit required.
III.
JUNK AND SECONDHAND DEALERS
5-15
License required.
5-16
Business permitted only at licensed premises.
5-17
Record of purchases to be kept.
5-18
Record of sales to be kept.
5-19
Vehicles to bear name of owner and number of license.
5-20
Storage prohibited.
5-21
Dealing with minors prohibited--Exception.
5-22
Preceding sections to be printed on licenses.
IV.
PRECIOUS METAL DEALERS
5-23
Records to be kept--Inspection.
5-24
Information required of purchasers.
5-25
Purchases to be numbered.
5-26
Report to police.
5-27
Police examination of records.
5-1
5-28
Regulations to be posted at premises.
5-29
Thirty-day period before sale permitted.
V.
TRANSIENT VENDORS, HAWKERS AND PEDDLERS
5-30
License required--Exceptions.
5-31
Officials authorized to issue licenses.
5-32
Information to be recorded with City Clerk.
5-33
Disturbing the peace prohibited.
5-34
Number to be displayed on badge.
5-35
Vehicles to bear number and expiration date of license.
5-36
Certificate from sealer of weights and measures required prior to licensing.
5-37
License to be signed--Exhibit of license on demand.
5-38
Licenses issued by the state.
5-39
Revocation of licenses.
5-40
Penalties for violation.
5-41
Transient vendors.
VI.
MOTOR VEHICLE LICENSES
5-42
Licenses--Definitions and classes.
5-43
Prices of used and/or secondhand vehicles to be displayed.
5-44
Public hearing required; Transfer of License.
5-44(a)
Maximum number of licenses.
VII.
SECONDHAND LUMBER YARDS
5-45
License required.
5-46
Temporary license for demolition of buildings.
5-47
Revocation of licenses.
5-48
Business prohibited within five hundred yards of highways.
5-49
Violation--Penalty.
VIII.
MOBILE VENDING VEHICLES
5-50
Definition.
5-51
License required.
5-52
Fees due and payable with application--Expiration of license.
5-53
Council may establish certain conditions.
5-54
Violation--Penalty.
IX.
GASOLINE SERVICE STATIONS
5-55
Attendant to be on duty.
5-2
5-56
Underground storage tanks at gasoline service stations.
X.
LODGING HOUSES
5-57
Definitions.
5-58
Licenses.
5-59
Certification of inspector of buildings and wire.
5-60
Certification by fire chief.
5-61
Certification by Board of Health.
5-62
Register to be kept.
5-63
Access to be given to City officials.
5-64
Revocation.
5-65
Violation--Penalty.
XI.
POOL AND BILLIARD ROOMS AND BOWLING ALLEYS
5-66
Licenses required--Conditions.
5-67
Bowling alleys--Hours of operation.
XII.
TAXICABS AND CARGO VEHICLES FOR HIRE
5-68
Definitions--Applicability.
5-69
License required--Conveyance of persons.
5-70
License required--Conveyance of goods.
5-71
City Council to grant licenses.
5-72
License--Duration--Nontransferable.
5-73
Licensed vehicles to be marked.
5-74
Minors--Special licenses required.
5-75
Standing in front of premises--Consent required.
5-76
Conditions for standing.
5-77
Stands assigned.
5-78
Drivers to remain near vehicles.
5-79
Council may establish and revise rates of fare.
5-80
Exceeding maximum rate prohibited.
5-81
Licensee to be owner--Number plates and badges.
XIII.
BUSES
5-82
Licensees subject to orders, rules and regulations.
XIV.
SUNDAY SALES
5-83
Licenses for necessary work on Sundays.
5-3
XV.
MISCELLANEOUS BUSINESS REGULATIONS
5-84
Pawnbrokers--Licenses required.
5-85
Leasing of motor vehicles and trailers.
XVI.
CANVASSERS AND SOLICITORS
5-86
Definition and Procedures.
XVII.
REGULATION OF COMMERCIAL PARKING LOTS
5-87
Definitions.
5-88
Procedures.
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I.
AUTOMATIC AMUSEMENT DEVICES
5-1
Definitions.
For the
purposes of this part, an "automatic amusement device" means any
mechanism
whereby, through the insertion of a coin or token, any apparatus is
released,
or set in motion or is put in a position where it may be set in motion for the
purpose
of playing any game involving, in whole or in part, the skill of the player,
including,
but not exclusively, such devices as are commonly known as pinball
machines,
including free play pinball machines. (Prior Ch. 22 sec. 12(a)).
5-2
License required.
It is
unlawful for any person having title to or responsibility for the maintenance or
operation
of any restaurant, public hall, store, place of amusement or any other place
to
which members of the public may resort, to maintain, operate or permit to be
operated
or maintained in the premises, any automatic amusement device without
having
first obtained a valid license from the license commission, pursuant to the
provisions
of the ordinance codified in this part. (Prior Ch. 22 sec. 12(b)).
5-3
Gambling devices not permitted.
Nothing
in this part shall in any way be construed to authorize, license or permit any
gambling
devices whatsoever, or any mechanism that has been judicially determined
to be a
gambling device, or in any way contrary to law, or that may be contrary to any
future
laws of the Commonwealth of Massachusetts. (Prior Ch. 22 sec. 12(c)).
5-4
5-4
Application for license.
Application
of the Commonwealth of Massachusetts duplicate and submitted to the
license
commission upon a form to be supplied by the license commission for that
purpose.
The application for the license shall contain the following information:
A. Name
and address of applicant, age, date and place of birth. If the applicant is a
corporation,
partnership, association or other business entity, the application shall
include
certified documentation sufficient to prove the applicant's existence,
principal
business address, person or officer upon whom service of process may
be
served, and the names and addresses of all directors, partners, or if an
association,
of all the members of the association.
B.
Prior criminal convictions, if any, of the applicant or its directors, partners
or
members
as specified in subsection A of this section.
C. The
place where the machine or the device is to be displayed or operated and the
business
conducted at that place.
D.
Description of the machine(s) to be covered by the license, mechanical
features,
the
name of the manufacturer(s) serial number(s).
E. A
floor plan of the business premises intended to be used for the housing of
automatic
amusement devices for play by members of the public. For the
purposes
of this subsection, the term "business premises" includes the entire
building
or structure housing the automatic amusement devices, and open for
public
access. The floor plan shall clearly indicate the total square foot area of the
business
premises and shall indicate the intended position of the automatic
amusement
devices. The scale of the plan shall be established by regulation of
the
license commission.
F. An
approved certificate of occupancy issued by the building department for the
business
premises intended to be used for the housing of the automatic
amusement
devices for play by members of the public.
G.
Certificate of approval issued by the City electrical inspector verifying that
the
electrical
installation in the premises is adequate for the uses intended, and is in
conformance
with the Massachusetts Electrical Code (Form FPR-11) as
amended.
H. The
names and residential addresses of all persons who have any equitable
interest
in, or who have otherwise contributed valuable consideration to the
applicant's
business or to the applicant personally, insofar as the interest or
5-5
5-5 Age
and citizenship requirements.
No
license shall be issued to any applicant unless he/she is over eighteen years
of
age and
provides proof of United States citizenship or legal residence status as an
alien.
This provision shall similarly apply to any applicant acting as the authorized
agent
of a corporation, partnership, association or other business entity. (Prior Ch.
22
sec.
12(e)).
5-6
Consideration of application.
A. The
license commission shall conduct a public hearing in accordance with the
consideration
relates to the procurement, maintenance, operation or display of
automatic
amusement devices.
I.
Documentation sufficient to prove that the automatic amusement devices sought
to be
licensed are lawfully in the possession of the applicant. (Prior Ch.22 sec.
12(d)).
provisions
of G. L., Ch. 39, sec. 23B, within thirty days from the receipt by the
license
commission of a properly completed application as set forth in sec. 5-4
and 5-5
to consider the application. The license commission shall grant a license
under
the provisions of the ordinance codified in this part, unless it specifically
finds
and states in writing within thirty days from the date of the public hearing
that
(i) the applicant is not a person of good moral character or (ii) that the
granting
of the license at the premises intended would lead to the creation of a
nuisance
or otherwise endanger the public health, safety, morals, order or general
welfare
by:
1.
Unreasonably increasing pedestrian or vehicular traffic in the area in which
the
premises are located; or
2.
Increasing the incidence of illegal or disruptive conduct in the area in which
the
premises are located; or
3.
Unreasonably increasing the level of noise in the area in which the premises
are
located; or
4.
Otherwise significantly harming the legitimate protectable interests of the
affected
citizens of the City.
B. No
application shall be denied if the anticipated harm is not significant or if
the
likelihood
of its occurrence is remote. (Prior Ch. 22 sec. 12 sec. f)).
5-6
5-7 License
fee.
Every
applicant, before being granted a license, shall pay twenty dollars as the
annual
license fee for the privilege of operating or maintaining for operation each
automatic
amusement device as defined in Section 5-1. Each license shall expire on
December
31st of each year. A license shall not be transferable from person to
person
nor place to place, and shall be usable only at the place stated in the
application.
(Prior Ch. 22 sec. 12(g)).
5-8
License to be displayed.
A. The
license provided for in this chapter shall be posted permanently and
conspicuously
in the premises wherein the devices are to be operated or
maintained
to be operated.
B. The
license may be transferred from one device to another similar device(s) upon
application
to the license commission to such effect and the giving of a
description
and serial numbers of the devices involved in the transfer and the
filing
of a two dollar fee.
C. If
the licensee moves his place of business to another location within the City,
the
license
may be transferred to the new location only upon reapplication to the
license
commission in accordance with the provisions of (sec. 5-4, 5-5 and 5-6 of
this
chapter. (Prior Ch. 22 sec. 12(h)).
5-9
License revocation.
Every
license issued under this part is subject to the right, which is expressly
reserved,
to revoke the same should the licensee directly or indirectly permit the
operation
of any automatic amusement device contrary to the provisions of the
ordinance
codified in this part, the ordinances of the City or the laws of the
Commonwealth
of Massachusetts. The license may be revoked by the license
commission
after written notice to the licensee which notice shall specify the
ordinance
or law violations with which the licensee is charged, if after a hearing the
licensee
is found guilty of such violations. Ten days' notice of the hearing shall be
given
to the licensee. At the hearing the licensee and his attorney may present and
submit
evidence of witnesses in his defense.(Prior Ch.22 sec. 22(i)).
5-10
Seizure and destruction of illegal devices.
If the
chief of police has reason to believe any mechanical amusement device or
devices
are being used as gambling devices, he shall, upon a validly issued search
and
seizure warrant cause the device(s) to be seized and impounded, and if upon
trial
of the exhibitor of allowing the devices to be used as gambling devices, the
5-7
5-11
Prohibitions.
exhibitor
is found guilty, such device(s) shall be destroyed by the police, upon proper
order
of the court. (Prior Ch. 22 sec. 12(j)).
A. No
person holding a license under the ordinance codified in this part nor any
employee
or agent of such person shall permit persons under eighteen years of
age to
play or operate any automatic amusement device located in an
establishment
also holding a license under the provisions of General Laws,
Chapter
128, Sections 1 through 14. The licensee shall post permanently and
conspicuously
at the location of the device(s) so licensed in premises so licensed
a sign
warning persons under eighteen years of age of this prohibition.
B. All
automatic amusement devices situated on business premises for play by
members
of the public shall be so installed as to afford an open and accessible
space
of eighteen inches between each device and any adjacent device, wall or
partition.
Each device shall be installed in such a manner as to afford a direct and
unobstructed
means of entrance and exit from the business premises by means
of a
corridor or system of corridors no less than thirty-six inches in width.
C. Any
business establishment which utilizes more than a total of one hundred fifty
square
feet of open and accessible space between the devices and for use as
corridors
between or adjacent to the devices as detailed in subsection B of this
section,
or any business establishment which displays on its premises a number
of
automatic amusement devices available for play by the public, which devices if
played
simultaneously could accommodate an aggregate of fifty or more players,
shall
be deemed a place of public assembly and shall be subject to all regulations
of the
Commonwealth of Massachusetts State Building Code governing places of
public
assembly as set forth therein.
D. 1.
It shall be unlawful and a violation of the ordinance codified in this part for
any
business
establishment to erect and maintain for play by members of the
public
more than one automatic amusement device for each five hundred
square
feet of gross floor area of the business establishment. For the
purposes
of this subdivision, "gross floor area" shall be defined as the sum,
in
square
feet, of the gross horizontal area of all the floors of a building as
measured
from the exterior walls separating two buildings.
a.
Gross floor area shall include:
i.
Elevator shafts and stairwells on each floor;
ii.
Attic space, whether finished or unfinished, not excluded in
subparagraph
iii of paragraph b of this subdivision;
5-8
iii.
Interior balconies and mezzanines; and
iv.
Basement and cellar areas not excluded in subparagraph ii of paragraph
b of
this subdivision.
v.
Gross floor area shall not include:
Areas
used for parking garages, accessory parking or off-street i.
ii.
loading
purposes;
Basement
and cellar areas devoted exclusively to the operation
and
maintenance of the building such as heating and cooling
equipment,
electrical and telephone facilities and fuel storage;
Attic
space and other areas for elevator machinery or mechanical iii.
equipment
necessary for the operation of the building.
2. It
shall be unlawful for any license or permit holder to operate any
establishment
without an attendant on the premises; that is, at least one
employee
in attendance at all times.
3. It
shall be unlawful for a licensee to allow any person under the age of
seventeen
years to play an automatic amusement device during the hours of
8:30
a.m. to 3:00 p.m. when schools are in session. (Prior Ch. 22 sec. 12(k)).
5-12
License commission rules and regulations.
A. With
the exception of site plan review, all meetings convened by the Licensing
Commission
shall take place no earlier than 5:30 P.M. on a week day. (Added
6/20/95)
B. The
license commission shall issue rules and regulations for the use of
automatic
amusement devices, but the rules and regulations may only relate to
compliance
with applicable laws or ordinances, or to public safety, health, order
or
welfare, to steps required to be taken to guard against creation of a nuisance
or to
insure adequate safety and security for the patrons or the affected public.
The
license commission may also require from time to time the furnishing of
reports
concerning the ownership of such devices or interest therein, receipts for
the use
of such devices and any other information which it may deem pertinent
concerning
such devices and their use and operation. (Prior Ch. 22 sec.12(l)).
5-13
Penalty.
Any
person, firm or corporation violating any of the provisions of the ordinance
codified
in this part, in addition to the revocation of his or its license, shall be
liable to
5-9
a fine
or penalty of not less than fifty dollars nor more than two hundred dollars for
each
offense. Every day that the offense continues shall be considered a separate
violation.
(Prior Ch. 22 sec. 12(m)).
II.
CARNIVALS
5-14
Clean-up deposit required.
A.
Whenever a permit is issued for a carnival or similar entertainment, a clean-up
deposit
of one thousand dollars is required from the owners of the carnival to
ensure
that when the affair is over and before the carnival owner leaves the City,
the
grounds where the carnival or similar entertainment was conducted will be
cleaned
up and left in a satisfactory condition by the owners of the carnival.
B. The
required deposit shall be in cash or a certified check made payable to the
City
and deposited in the treasurer's office, and the treasurer shall hold it in
escrow.
Failure to clean up the grounds to the satisfaction of the ward alderman
will
cause the deposit to be forfeited to the City.
C. It
is also required that some type of public sanitation facilities be available on
the
grounds.
D. All
permits will require a majority vote of the City Council. (Prior Ch. 30 sec.
7).
III.
JUNK AND SECONDHAND DEALERS
5-15
License required.
No
person shall be a dealer in or keeper of a shop for the purchase, sale or
barter of
junk,
old metals or secondhand articles, unless licensed by the City Council. (Prior
Ch. 22
sec. 1(A)).
5-16
Business permitted only at licensed premises.
No
dealer shall carry on his business in any other place than that designated in
his
license,
unless consent is granted by the City Council. Every keeper of such a shop
shall
put in a suitable and conspicuous place in his shop a sign having his name and
occupation
legibly inscribed thereon in large letters. (Prior Ch. 22 sec. 1(B)).
5-17
Record of purchases to be kept.
Every
person dealing in such articles, or keeping such a shop, shall keep a book in
which
he shall record, at the time of every purchase of any such article, a
5-10
description
thereof, with the name, age and residence of the party from whom, and
the day
and hour when such purchase was made. The book shall at all times be
open to
the inspection of the Mayor and Aldermen, and of any person by them
authorized
to make such inspection. (Prior Ch. 22 sec. 1(C)).
5-18
Record of sales to be kept.
When
any such goods are sold by a dealer he shall enter on his book the name and
address
of the purchaser, with such facts as may be necessary to keep trace of the
goods.
(Prior Ch. 22 sec. 1(D)).
5-19
Vehicles to bear name of owner and number of license.
A. No
person shall collect or transport junk, old metals or secondhand articles from
place
to place within the City limits unless licensed by the City Council.
B.
Every vehicle used by a junk collector so licensed shall bear conspicuously the
owner's
name, and the number of the license, on the outside and on each side.
Every
license shall designate the person employed to drive the vehicle. The
driver
shall not be changed without the consent of the City Council. (Prior Ch. 22
sec.
1(E)).
5-20
Storage prohibited.
No person
licensed to collect or transport junk, old metals or secondhand articles
from
place to place within the City shall store junk, old metals or secondhand
articles
in any
place within the City and all junk collectors' licenses shall read that the
holders
thereof may "collect by purchase or otherwise, junk, old metal and
secondhand
articles
from place to place in the City of Woburn subject to all statutes and
ordinances
now or hereafter established; provided, however, that this license gives
no authority
to store such junk, old metal and secondhand articles within the City of
Woburn."
(Prior Ch. 22 sec. 1(F)).
5-21
Dealing with minors prohibited--Exception.
No
keeper of such shop and no junk collector shall, directly or indirectly,
purchase or
receive
by way of barter or exchange, such goods or allow them to be deposited
upon or
within his premises, shop or vehicle, by or from any minor or apprentice,
knowing
or believing him to be such, without the written consent thereto of the
parent
or guardian of such minor, or the master of such apprentice, and also a
declaration
in writing, from such parent, guardian or master, that the goods so
offered
for sale, or by way of exchange or barter, or proposed to be deposited, as
aforesaid,
came from the premises of such parent, guardian or master, or are rightly
5-11
in the
possession of such minor or apprentice for the purpose of sale, exchange or
deposit,
as aforesaid. (Prior Ch. 22 sec. 1(G)).
5-22
Preceding sections to be printed on licenses.
A copy
of Sections 5-15 through 5-21 shall be printed upon every license. (Prior Ch.
22 sec.
1(H)).
IV.
PRECIOUS METAL DEALERS
5-23
Records to be kept--Inspection.
A.
Every dealer in gold, silver, precious and semi-precious gems or platinum shall
keep a
book in which shall be written, at the time of purchase of any such article,
a
description thereof and the name, age and residence of the person from whom,
and the
day and hour when, such purchase was made; and the name of the
shopkeeper,
and all articles of merchandise therein, and such book shall at all
times
be open to the inspection of the Mayor, the City Council, the police chief or
of any
person by them respectively authorized to make such inspection.
B. The
book shall be of a size and style to be approved by the police chief, shall be
legibly
written in the English language and shall show the amount paid for each
article
and the number attached to each article in accordance with Section 5-25.
No
entry in such book shall be erased, obliterated or defaced.
C. Any
officer of the department may, during business hours, enter upon any
premises
used by a licensed dealer to ascertain how he conducts his business,
and
examine any or all articles taken in trade or kept or stored in or upon the
premises
and all books and inventories relating thereto, and all such articles,
books
and inventories shall be exhibited to any such officer whenever a demand
shall
be made for such exhibition. (Prior Ch. 22 sec. 1a(1)).
5-24
Information required of purchasers.
A.
Every such shopkeeper shall require a person from whom he makes a purchase
provide
positive identification (positive identification shall mean any picture
identification
card issued by a governmental agency) and to sign his name, date
of
birth and address on a card, the style and size of which shall be approved by
the
Woburn Chief of Police. In those transactions where precious metals and/or
gems,
regardless of form, weight or appearance, are purchased, said record of
positive
identification together with each transaction sheet shall be a clearly
identifiable
photocopy. In the event that such person is unable to write, the
shopkeeper
shall fill in the name, age and address on such card, together with a
notation
stating that such person was unable to do so. (amended 12/19/97).
5-12
5-25
Purchases to be numbered.
Every
dealer in gold, silver, precious and semi-precious gems and platinum shall, at
the
time of making any purchase, attach a number to each article bought, and shall
make
entry of such number in the book provided for in Section 5-23. (Prior Ch. 22
sec.
1a(3))(amended 12/19/97).
5-26
Report to police.
Every
dealer in gold, silver, precious and semi-precious gems and platinum shall
make
out and deliver to the police department in which his place of business is
situated,
every business day before the hour of ten a.m., a legible and correct list
containing
an accurate description of all articles purchased during the preceding
business
day, the respective numbers of such articles as provided by sec. 5-25, the
prices
paid therefor, and the time when such articles were purchased. (Prior Ch. 22
sec.
1a(4))(amended 12/19/97).
5-27
Police examination of records.
B. The
card shall be retained permanently in an alphabetical index file by the
licensed
dealer in gold, silver, precious and semi-precious gems and platinum.
(Prior
Ch. 22 sec. 1a(2)).
A. The
chief of police will designate an officer of the department who will examine
each
report received at his station, and also check up to see that a report is
received
from every dealer in his division. These reports will be forwarded each
business
day to the bureau of criminal investigation.
B. The
personnel of the lost and stolen unit of the bureau of criminal investigation
will
scrutinize very carefully each and every report received from dealers for the
purpose
of picking out any article that is like or similar to one which has been
stolen.
When a commanding officer is notified by the lost and stolen unit that a
"stop"
has been placed on a certain article in some secondhand store, the
commanding
officer will immediately check up on the item to make sure whether
or not
it is one that was reported lost or stolen. When he ascertains this
information
he shall so notify the criminal bureau, and if it is not the article in
question
the "stop" may be removed.
C. A
list will be furnished to the bureau of criminal investigation each day of all
the
lost
and stolen articles for the twenty-four hours past, and it will be its duty to
check
up at the various secondhand stores for the purpose of locating the
articles
in question. (Prior Ch.22 sec.1a (5)).
5-13
5-28
Regulations to be posted at premises.
A.
Every shopkeeper shall post in a conspicuous place at his shop a copy of the
statutes,
ordinances and police regulations relating to dealers in gold, silver,
precious
and semi-precious gems and platinum, to be furnished by the police
department,
and shall put in some suitable and conspicuous place on his shop a
sign
having his name and occupation legibly inscribed thereon in large letters
(amended
12/19/97).
B. No
such shopkeeper shall place or maintain any signs or devices upon or in
connection
with his licensed premises indicating or tending to indicate that any
form of
business is conducted therein which he is not legally authorized to
pursue.
(Prior Ch. 22 sec. 1a(6)).
5-29
Thirty-day period before sale permitted.
No
dealer in gold, silver, precious and semi-precious gems and platinum shall
permit
to be
sold any article purchased or received by him until at least thirty days from
the
date of
its purchase or receipt has elapsed. (Prior Ch. 22 sec. 1a(7))(amended
12/19/97).
V.
TRANSIENT VENDORS, HAWKERS AND PEDDLERS
5-30
License required--Exceptions.
No
person shall go from place to place in this City selling or bartering, or
carrying or
exposing
for sale or barter, any fruits, vegetables, meats, butter and cheese, or fish,
in or
from any cart, wagon or other vehicle, or in any other manner, without a
license
therefor;
provided, however, that this section shall not apply to any person who sells
only
fruits or vegetables raised or produced by himself or his family, or fish which
is
obtained
by his own labor or the labor of his family. (Prior Ch. 22 sec. 2(A)).
5-31
Officials authorized to issue licenses.
The
Mayor, the chief of police, the sealer of weights and measures and the City
Clerk
shall have authority to grant a license to any person of good repute for morals
and
integrity, who is, or has declared his intent to become, a citizen of the
United
States.
The licenses, unless sooner revoked by the Mayor and the City Council,
shall
expire one year after the granting thereof. (Prior Ch. 22 sec. 2(B)).
5-32
Information to be recorded with City Clerk.
No
hawkers or peddlers shall sell, or offer or expose for sale, any of the
articles
enumerated
in Section 17, Chapter 101 of the General Laws, or any acts in
5-14
amendment
thereof or in addition thereto, until he has recorded his name and
residence
with the City Clerk. Every person licensed under the provisions of Section
5-31 as
a hawker or peddler of fruits, vegetables or fish shall record his name and
residence
in like manner with the City Clerk. (Prior Ch. 22 sec. 2(C)).
5-33
Disturbing the peace prohibited.
No
person hawking, peddling or carrying or exposing any articles for sale shall
cry
his
wares to the disturbance of the peace and comfort of the inhabitants of the
City,
nor
carry or convey such articles in any manner that will tend to injure or disturb
the
public
health or comfort nor otherwise than in vehicles and receptacles which are
neat
and clean and do not leak. (Prior Ch. 22 sec. 2(D)).
5-34
Number to be displayed on badge.
Every
hawker and peddler licensed by the ordinance codified in this part shall be
assigned
a number and shall wear in a conspicuous place of such type and design
as may
be approved by the City Clerk, and which shall contain his number and the
words
"hawker" or "peddler" and "Woburn," and every
other such hawker and
peddler
as described in Section 5-33 shall provide himself with a badge, of such
type
and design as may be approved by the City Clerk, which he shall wear in like
manner.
Whoever neglects to wear, or without authority wears such badge, shall be
punished
by the penalty provided in Section 5-40. (Prior Ch. 22 sec. 2(E)).
5-35
Vehicles to bear number and expiration date of license.
Every
vehicle or other receptacle used by a licensee as a conveyance for articles
offered
or exposed for sale by him shall have attached to it on each side a number
plate
of such type and design as may be approved by the City Clerk, and bearing
the
number and the date of expiration of the license. (Prior Ch. 22 sec. 2(F)).
5-36
Certificate from sealer of weights and measures required prior to licensing.
No
person shall receive a license or be registered, as provided in this part,
until he
presents
a certificate from the sealer of weights and measures stating that all
weighing
and measuring devices intended to be used by such person have been
duly
inspected and sealed as required by law. The use of, or possession by such
person
with intent to use, any false or unsealed weighing or measuring devices shall
be
sufficient cause for the revocation of his license, or the cancellation of his
registration.
(Prior Ch. 22 sec. 2(G)).
5-37
License to be signed--Exhibit of license on demand.
Every
person licensed to peddle as described in this part shall endorse his usual
5-15
signature
upon his license. Any licensee who fails, neglects or refuses to exhibit his
license
when the same is demanded of him by the chief of police, or inspector of or
sealer
of weights and measures, the City Clerk, constable, police officer or justice
of
the
peace, shall be subject to the same penalty as if he had no license. (Prior Ch.
22
sec.
2(H)).
5-38
Licenses issued by the state.
Nothing
in the ordinance codified in this part shall be construed as conflicting with
any
license issued under the authority of the commonwealth. (Prior Ch. 22 sec.
2(I)).
5-39
Revocation of licenses.
Any
license granted under this ordinance codified in this part may be revoked by
the
Mayor and Aldermen. (Prior Ch. 22 sec. 2(J)).
5-40
Penalties for violation.
Whoever
violates any of the provisions of sec. sec. 5-30 through 5-40, inclusive,
shall
be punished by a fine not exceeding $50.00 for each offense. (Prior Ch. 22
sec.
2(K)).
5-41
Transient vendors.
No
person shall carry on any business as a transient vendor in this City unless he
has
complied with Sections 8 through 18, inclusive, of Chapter 101, Massachusetts
General
Laws, and acts in addition thereof and in amendment thereto. The officers
named
in Section 5-31 shall constitute the board whose duty it shall be to execute
the
aforesaid provisions of the General Laws. (Prior Ch. 22 sec. 3)).
VI.
MOTOR VEHICLE LICENSES
5-42
Licenses--Definitions and classes.
A.
Licenses granted under the provisions of Chapter 140, Section 57-69, of the
General
Laws shall be classified and defined as follows:
1.
Class 1. Any person who is a recognized agent or motor vehicle
manufacturer
or seller of motor vehicles made by such manufacturer whose
authority
to sell the same is created by a written contract with each such
manufacturer
or with some person authorized in writing by such
manufacturer
to enter into such contract, and whose principal business is the
sale of
new motor vehicles, the purchase and sale of secondhand motor
5-16
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
vehicles, such dealer shall be subject to all provisions of this chapter
and of
the rules and regulations made in accordance therewith applicable to
holders
of licenses of class 2. The fee for said license, either original or
renewal,
shall be $100.00. In addition, a charge of $200.00 shall be paid by
each
applicant for a new or renewed license to cover the costs of processing
and
inspections, before the license is issued by the City Clerk's Office. The
charge
for a transfer of a license shall be $300.00 to cover the $100.00
license
fee and the $200.00 costs of processing and inspections.
2.
Class 2. Any person whose principal business is the buying or selling of
secondhand
motor vehicles may be granted a used car dealer's license. The
fee for
said license, either original or renewal, shall be $100.00. In addition,
a
charge of $200.00 shall be paid by each applicant for a new or renewed
license
to cover the costs of processing and inspections, before the license
is
issued by the City Clerk's Office. The charge for a transfer of a license
shall
be $300.00 to cover the $100.00 license fee and the $200.00 costs of
processing
and inspections.
3.
Class 3. 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 vehicles' parts may be granted a
motor
vehicle junk license. The fee for said license, either original or
renewal,
shall be $100.00. In addition, a charge of $200.00 shall be paid by
each
applicant for a new or renewed license to cover the costs of processing
and
inspections, before the license is issued by the City Clerk's Office. The
charge
for a transfer of a license shall be $300.00 to cover the $100.00
license
fee and the $200.00 costs of processing and inspections.
B. 1.
The City Council of the City may grant licenses under the provisions of
Chapter
140, Section 59, of the General Laws.
2. a.
The licenses shall expire on January 1st, following the date of issue
unless
sooner revoked.
b. No
such license shall be granted unless the City Council is satisfied from
the
investigation of the facts stated in the application and any other
information
which they may require of the applicant that such applicant is
a
proper person to engage in the business specified in subsection A of
this
section in the classifications for which he has applied that said
5-17
business
is or shall be his principal business, and that he has available a
place
of business suitable for the purpose.
3. The
license shall specify all the premises to be occupied by the licensee of
the
purpose of carrying on the licensed business.
4.
Permits for a change of situation of the licensed premises or for additions
thereto
may be granted at any time by the City Council in writing, a copy of
which
shall be attached to the licensee, see further Section 5-44 below.(Prior
Ch.22
sec. 6(A); Ords. dated 04/10/87).
5-43
Prices of used and/or secondhand vehicles to be displayed.
All
used and/or secondhand vehicles to be sold by a person, company or
corporation
having a 1st Class or 2nd Class vehicle license, the price of said vehicle
shall
be displayed on said vehicle for visual inspection by any prospective buyer or
purchaser
of said vehicle. (Prior Ch. 22 sec. 6(B).
5-44
Public hearing required; Transfer of License.
No
original license for the sale of new motor vehicles and no original license for
the
sale of
secondhand motor vehicles as authorized by Chapter 140, Section 59 of the
General
Laws shall be granted until after the City Council has held a public hearing
thereon,
first causing notice of the time and place of such hearing to be published in
a
newspaper of general circulation in the City once in each of two successive
weeks,
the first publication being not less than twenty-one days before the day of
such
hearing. The expense of such publication to be borne by the applicant. This
part
shall have no application to licenses presently being exercised. (Prior Ch. 22
sec.
6(C)). No license once granted can be transferred, conveyed or otherwise
given
to any other person or entity without first obtaining approval of the City
Council,
and payment of a transfer fee of $300.00 dollars. Whenever any holder of a
license
granted under this section wishes to transfer such license, or convey the
premises
for which the license was granted, the new owner or occupant must make
an
application to the City Council before a renewal license can be granted. No
license,
once granted, can be used at or for another location other than the one
specified
in the original license or in the application. (Ords. dated 04/10/87).
5-44(a)
Maximum number of licenses
Notwithstanding
any other provision or section of this Municipal Code, the City
Council
shall not issue or grant more than thirty (30) second class motor vehicle
licenses
at any one time. Holders of second class motor vehicle licenses upon the
effective
date of this Sub-section, may retain all rights under their licenses as long
as they
are in compliance with state and local statutes, ordinances and regulations
5-18
and
that the renewal of such license has been granted before the expiration of
their
current
license; further no such license may be transferred to a new holder unless
the
total number of licenses issued and outstanding within the City of Woburn at
the
time of
the requested transfer does not exceed thirty (30). (Added 5/22/98;
amended
9/14/98)
VII.
SECONDHAND LUMBER YARDS
5-45
License required.
Except
as provided in this part, no person, firm, partnership, or corporation shall
operate
or deal in the purchase, sale or barter of old or secondhand lumber of
building
materials, or old metals, within the City, unless a license to do so is first
obtained
from the City Clerk after being granted by the City Council annually. Each
such
license shall bear on the face thereof such restrictions or regulations as the
City
Council shall direct and impose. (Prior Ch. 22 sec. 7(A)).
5-46
Temporary license for demolition of buildings.
The
City Council may when, in its judgment, necessity requires it, grant a
temporary
license
for a period of not over thirty days, to a person, firm, partnership or
corporation
who is about to be engaged in demolishing or razing a building after a
proper
permit has been secured, to sell at the location specified in the permit for
demolition
or razing only those materials obtained from that building. (Prior Ch. 22
sec.
7(B)).
5-47
Revocation of licenses.
The
City Council may revoke any license granted under this part at any time. (Prior
Ch. 22
sec. 7(C)).
5-48
Business prohibited within five hundred yards of highways.
No
secondhand lumberyard shall be operated or maintained within five hundred
yards
of any public highway. (Prior Ch. 22 sec. 7(E)).
5-49
Violation--Penalty.
Any
person, firm, partnership or corporation, violating the provisions of this part
shall
be
punished by a fine of not more than twenty dollars in accordance with the
provisions
of Section 55 of Chapter 140 of the General Laws, Terr. Ed. (Prior Ch. 22
sec.
7(D)).
5-19
VIII.
MOBILE VENDING VEHICLES
5-50
Definition.
For the
purpose of this section and the following sections, "mobile vending
vehicle"
is
construed to mean a mobile vehicle, lunch cart or food vehicle which is used in
the
business of selling or exposing for sale, prepared food, meals or lunches or
beverages
intended to be consumed by the purchaser without further preparation or
processing
thereof by the purchaser. (Prior Ch. 22 sec. 8(A)).
5-51
License required.
No
person shall carry on the business of selling or exposing for sale from a
mobile
vending
vehicle prepared food, meals, lunches, or beverages within the City unless
said
person(s) are licensed to do so by the City Council of the City. (Prior Ch. 22
sec.
8(B)).
5-52
Fees due and payable with application--Expiration of License.
The fee
for the aforementioned license shall be fifty dollars which is due and
payable
to the City Clerk upon the filing of an application for said license. Said
license
shall expire one year from the date of issuance by the City Council. (Prior
Ch. 22
sec. 8(C)).
5-53
Council may establish certain conditions.
The
City Council, if in their opinion public convenience so requires, may license a
reputable
person to maintain a vehicle for the sale of food in such part of any public
way and
during such hours as they may designate, provided that public travel is not
discommoded
thereby. Any such license may be revoked by the City Council at any
time
after a hearing with the licensee for any violations of any conditions so
stated
on the
license. (Prior Ch. 22 sec. 8(D)).
5-54
Violation--Penalty.
Any
violation of the above sections or conditions set forth on the license for
operation
shall be punishable by a fine of not more than one hundred dollars. (Prior
Ch. 22
sec. 8(E)).
IX.
GASOLINE SERVICE STATIONS
5-55
Attendant to be on duty.
5-20
5-56
Underground storage tanks at gasoline service stations.
A.
Self-service gasoline station: Any building or premises wherein or upon which
gasoline
or other motor fuel is sold at retail and wherein the licensed motor
vehicle
operator dispenses his or her own motor fuel at any or all of the pumps.
(Prior
Ch. 22 sec. 11(a)).
B. The
dispensing of motor fuel by means of self service automated dispensing
systems
shall be permitted, provided that the applicant for such a system has
submitted
complete plans and specifications of the proposed installation to the
City
Council of the City of Woburn under the provisions of Section 11 of the
Woburn
Zoning Ordinance, that a special permit shall have been granted under
the
said provisions of the Woburn Zoning Ordinance and that there is compliance
with
Section 5.08 of the Code of Massachusetts regulations as certified by the
State
Fire Marshal.
C.
Every self-service gasoline station shall dispense motor fuel from the
self-service
pump or
device for any owner-operator of a motor vehicle bearing handicapped
person
or disabled veteran number plates in compliance with M.G.L., Chapter
90,
Section 2.
D.
Every self-service gasoline station shall dispense motor fuel from the
self-service
pump at
self-service prices, by request, for any owner-operator of a motor
vehicle
age 62 and over.
E. At
any self-service station full service shall be made available to the retail
customer
as an option. (Prior CH 22 - 11(a)). (Ord. amended 5/17/94)
A. The
following are required on all installations of underground tanks for
flammable
liquid storage at gasoline service stations:
1. An
inspector of the Woburn fire department shall be on the site during the
installation
or removal of all underground tanks.
2. All
tanks are to be installed according to 527 CMR-9, NFPA Code 30, and
the
requirements of the Woburn fire department.
3. All
steel tanks shall be cathodically protected and coated i.e., STI-P3.
4.
Piping to tanks shall have swing joints and malleable fittings.
5. All
tanks shall have wear plates on bottom of tank under fill holes.
6. At
least two observation wells for tank. Pipe shall extend a minimum of
twelve
inches below bottom of tank.
7.
Reinforced concrete over tanks in traffic areas.
8. All
other requirements of the Woburn fire department shall be followed.
5-21
B. The
maximum amount of storage on any one site shall be twelve thousand
gallons
per product. Ord. 8/15/90.
C. The
maximum amount of flammable liquid stored underground at any one
location
shall be forty thousand gallons. (Ord. dated 9/27/84: prior Ch. 22 sec.
11(c)).
X.
LODGING HOUSES
5-57
Definitions.
For the
purpose of this part:
A.
Boarding, Rooming or Lodging House: a building or structure or portion thereof
arranged
or used for lodging with or without meals for compensation by three (3)
or more
lodgers or boarders. This definition shall not include hotels, motels or
inns."
(Ord. 6/27/91) .
B.
"Lodging unit" means a rented room or group of rooms containing no
cooking
facilities,
used for living purposes by a separate family or group of persons living
together
or by a person living alone, within the dwelling. (Prior Ch. 20 sec. 1).
5-58
Licenses.
The
chief of police may license persons to keep lodging houses or lodging units
therein.
The fee shall be twenty dollars annually and shall expire on the thirty-first
day of
December next after the granting of the same. Such license shall specify the
street
and number, if any, of the building where the business is to be carried on, or
give
some other description thereof, and the license shall not protect a licensee
who
carries
on his business in any other place. (Prior Ch. 20 sec. 2).
5-59
Certification of inspector of buildings and wire.
No such
license shall be granted or renewed until the inspector of buildings and wire
inspector
thereof has specified in writing that the buildings and wiring meet the
requirements
of the local laws regarding buildings and wiring. (Prior Ch. 20 sec. 3).
5-60
Certification by fire chief.
No such
license shall be granted or renewed until the chief of the fire department
has
certified in writing that the building has sufficient means of escape in cases
of
fire
and that suitable appliances are supplied for extinguishing fires and for
giving an
alarm
to the inmates in case of fire and the chief of the fire department may from
time to
time require such alterations to be made, or additional appliances to be
5-22
provided
as may in his judgment be necessary for the protection of life and property
in case
of fire. (Prior Ch. 20 sec. 4).
5-61
Certification by Board of Health.
No
licenses shall be granted or renewed until the board of health thereof has
certified
in writing that the building is provided with a sufficient number of water
closets
and urinals and with good and sufficient means of ventilation; and the board
may
from time to time require the licensee thoroughly to cleanse and disinfect all
parts
of said building and the furniture therein to the satisfaction of such board.
(Prior
Ch. 20 sec. 5).
5-62
Register to be kept.
In
every public lodging house or lodging unit a register shall be kept in which
shall
be
entered the name and address of each lodger, together with the time of his
arrival
and departure, and such register shall at all times be open to the inspection
of the
police. (Prior Ch. 20 sec. 6).
5-63
Access to be given to City officials.
The
keepers of every public lodging house or lodging unit shall at all times, when
so
required
by the inspector of buildings, the health department, the fire department,
the
police department, or wire inspector, give him free access to said house or any
part
thereof.(Prior Ch.20 sec. 7).
5-64
Revocation.
Any
license issued under this part may be revoked at any time by the chief of
police
for any
violation of this part or any other ordinance or law. (Prior Ch. 20 sec. 9).
5-65
Violation--Penalty.
The
owner and whoever keeps or holds himself out as keeping a public lodging
house
or lodging unit without being duly licensed as hereinbefore provided, and
whoever
is concerned or financially interested in any public lodging house or lodging
unit,
the keeper of which is not so licensed, shall be punished by a fine of not less
than
five hundred dollars. (Prior Ch. 20 sec. 8).
XI.
POOL AND BILLIARD ROOMS AND BOWLING ALLEYS
5-66
Licenses required--Conditions.
Licenses
to keep a billiard, pool or bowling alley shall be granted subject to the
5-23
conditions
that the licensed premises shall not be open or in use later than twelve
midnight,
in any day, that no curtains, opaque screens or other obstructions shall be
placed
at the doors or windows or inside the room or rooms occupied in any way
that
shall prevent a complete view of the premises from the outside, that no
spirituous
or intoxicating liquors shall be sold or kept on the licensed premises, that
the
arrangements of the premises shall be subject to the approval of the chief of
police,
and that the license shall be forfeited upon violation of any condition thereof
or any
ordinance of the City, law of the Commonwealth, or police regulation of the
City
applicable thereto. The license shall be placed in a conspicuous position
occupied
by the licensee.(Prior Ch. 22 sec. 4(A); Ord. amended 5/21/99).
5-67
Bowling alleys--Hours of operation.
Bowling
alleys shall not be in operation for business on any day of the year between
the
hours of 12:01 a.m. and eight a.m. (Prior Ch. 22 sec. 4(B)).
XII.
TAXICABS AND CARGO VEHICLES FOR HIRE
5-68
Definitions--Applicability.
Every
motor taxicab, or other vehicle, used for the conveyance of persons for hire,
from
place to place within the City, except vehicles used for the transportation of
passengers
for hire, in the manner described in MGL c.159 shall be subject to this
part.
(Prior Ch. 26 sec. 1).
5-69
License required--Conveyance of persons.
No
person shall set up, use or drive any motor taxicab, or other vehicle, for the
conveyance
of persons for hire from place to place within the City, without a license
for
such carriage from the City Council.(Prior Ch. 26 sec. 2).
5-70
License required--Conveyance of goods.
No
person shall set up, use or drive any dray or other vehicle for the conveyance
form
place to place within the City, for hire, of any goods, wares, merchandise,
furniture
or any other article of transportation, without a license for such dray or
vehicle
from the City Council. (Prior Ch. 26 sec. 3).
5-71
City Council to grant licenses.
The
City Council may from time to time grant such licenses, upon such terms as
they
may deem expedient to any person resident in this City or permanently
engaged
in business, and the stand in a public place or way, if any is granted, shall
be
designated therein. (Prior Ch. 26 sec. 4).
5-24
5-72
License--Duration--Nontransferable.
Every
license so granted shall be revocable by the City Council, shall expire if not
previously
revoked by the City Council on the first day of May after the date thereof,
shall
apply only to the vehicle designated therein by its number or otherwise made
certain,
and shall not be transferable without the consent of the City Council. (Prior
Ch. 26
sec. 5).
5-73
Licensed vehicles to be marked.
Every
person licensed as aforesaid shall cause the vehicle used by him under his
license
to be marked on the outside and upon each side in a conspicuous place with
the
number of the license in white, gilded or plated figures in Arabic characters
of
not
less than one and one-half inches in sized upon a dark ground, or in dark
figures
of the
same size and kind upon a light ground, and if the licensee has been granted
a stand
for any vehicle or has been licensed to use a vehicle for the conveyance of
goods
of any description for hire he shall, in addition, have placed upon the outside
and
upon each side of said vehicle the name of the owner in plain, legible letters
of
the
same size. (Prior Ch. 26 sec. 6).
5-74
Minors--Special licenses required.
No
motor taxicab or other vehicle mentioned in this part shall be driven by a
minor
unless
he is specially licensed by the City Council. (Prior Ch. 26 sec. 7).
5-75
Standing in front of premises--Consent required.
No
stand for any vehicle shall be allowed in front of any premises without the
consent
of the owner or occupant of said premises. (Prior Ch. 26 sec. 8).
5-76
Conditions for standing.
No
owner, driver, or other person not licensed as aforesaid, having charge of any
motor
taxicab, carriage, truck, or other vehicle, shall stand with such carriage,
truck,
or
other vehicle, in any street an unnecessary length of time, or stop his
carriage
abreast
of any other carriage, or stop his carriage in any street, lane, square, or
alley
so as to obstruct the same or any crossing thereof. (Prior Ch. 26 sec. 9).
5-77
Stands assigned.
No
person licensed as aforesaid shall stand for employment with his motor taxicab,
truck
or other vehicle, in any street, except at the stand assigned in the license to
such
motor taxicab, carriage, truck or other vehicle. (Prior Ch. 26 sec.10).
5-25
5-78
Drivers to remain near vehicles.
Every
driver of a vehicle shall remain near it while it is unemployed, or standing in
the
street, unless he is necessarily absent in the course of his duty and business.
(Prior
Ch. 26 sec.11).
5-79
Council may establish and revise rates of fare.
The
City Council may establish the rates of fare for the conveyance of passengers
in
motor
taxicabs and other carriages and may revise the same at pleasure. (Prior Ch.
26
sec.12).
5-80
Exceeding maximum rate prohibited.
No
owner, driver or person having charge of a motor taxicab, or other carriage,
shall
demand
or receive a higher rate than that established by the City Council, or shall
unreasonably
refuse to carry any passenger from any place to any place within the
City.
(Prior Ch. 26 sec. 13).
5-81
Licensee to be owner--Number plates and badges.
A. The
person in whose name the license is taken out under this part shall be the
owner
of the vehicle mentioned in his license, and his application shall state that
he is
the owner. His license shall be forfeited if he ceases to be the owner
thereof.
B.
Every such vehicle licensed under the provisions of this part shall be numbered
with a
number plate to be furnished by the City Clerk and shall be placed in a
conspicuous
position in such vehicle where it may readily be seen by
passengers;
said number plate to be issued with the license on the payment of a
fee of
one dollar, the number plate to be returned at the expiration of the license
and at
all times to be the property of the City. Upon the expiration of the license
a
renewal of the number plate shall be granted without an extra fee. Each
operator
of a motor taxicab, or other carriage, shall wear a badge on his outer
garment.
(Prior Ch. 26 sec. 14).
XIII.
BUSES
5-82
Licensees subject to orders, rules and regulations.
No
person shall operate any motor vehicle upon any public way for the carriage of
passengers
for hire, or for transporting passengers for hire, in such manner or for
such
purposes as is set forth in Section 1 of Chapter 159A of the Massachusetts
General
Laws, without first obtaining a license therefor from the City Council. Any
5-26
XIV.
SUNDAY SALES
5-83
Licenses for necessary work on Sundays.
person
receiving such license and operating thereunder shall, in respect to the
operation
of such a vehicle, be subject to the following orders, rules and regulations.
A.
Every application for such a license shall be in writing and signed by the
applicant,
who shall be the owner of the vehicle or vehicles proposed to be under
such
license, and shall state:
1. The
owner's name and address;
2. The
maker's name and number of vehicle;
3. The
model or type of the vehicle;
4. The
rate of horsepower;
5. The
seating capacity of passengers as indicated by the manufacturer;
6. The
Massachusetts Automobile Registry number;
7. The
route over which said vehicle is to be operated.
B. If
the vehicle is to be operated by any person other than the licensee, the name
of
every such operator, his address, and Massachusetts license number, shall
also be
stated in such application.
C. No
person other than the licensee or than the operator named in the application,
shall
drive any such vehicle unless his name is first recorded in the office of the
City
Clerk, with his address and his Massachusetts license number.
D.
Every such license so granted shall also be subject to the following further
conditions:
1.
First. The licensee shall pay to the City Clerk as a license fee before said
license
shall be operative as required by Section 1 of said Chapter 159A.
2.
Second. The security to be deposited by the licensee under the provisions of
Chapter
159A of the General Laws, shall be as required by said Chapter
159A
and as set forth in Section 6 thereof. (Prior Ch. 26 sec.15).
A.
Certain Sales on Sunday to Be Licensed. As provided for in sec. 6(25) of
Chapter
136 of the Massachusetts General Laws, the sale of certain items and
foods
as enumerated in said chapter of the General Laws is prohibited without
first
obtaining a license from the City Council for the performance on Sunday of
necessary
work or labor.
B. City
Council to Set Conditions--Expiration. Said licenses shall be subject to any
and all
conditions so set by the City Council and shall be printed on the license.
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Said
license shall expire on May 1st following the date of issue unless sooner
revoked.
(Prior Ch. 22 sec.9).
XV.
MISCELLANEOUS BUSINESS REGULATIONS
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Pawnbrokers--Licenses required.
No
person shall carry on a business as a pawnbroker in the City unless duly
authorized
by the City Council. (Prior Ch. 22 sec. 5).
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Leasing of motor vehicles and trailers.
All
leasing of motor vehicles or trailers in the City shall require a permit from
the City
Council.
(Prior Ch. 22 sec. 10).
XVI.
CANVASSERS AND SOLICITORS
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Definitions and Procedures.
A. As
used in this article, the term "canvasser" or "solicitor"
shall mean any
individual,
whether a resident of Woburn or not, traveling either by foot,
automobile,
motor truck or any other type of conveyance, from place to place,
from
house to house or from street to street, taking or attempting to take orders
for the
sale of goods, wares and merchandise, personal property of any nature
whatsoever
for future delivery or for services to be furnished or performed in the
future,
whether or not such individual has, carries or exposes for sale a sample
of the
subject of such sale, or whether he is collecting advance payments on
such
sales or not; provided, that such definition shall include any person who,
for
himself, or for another person, firm or corporation, hires, leases, uses or
occupies
any building, structure, tent, railroad boxcar, boat, hotel room, motel
room,
lodginghouse, apartment, shop or any other place within the city for sole
purpose
of exhibiting samples, taking orders for future delivery, and or any type
of
soliciting. Persons ordinarily engaged in the business of delivering
newspapers
door-to-door are exempted from the operation of the ordinance as
are
persons engaged in soliciting and/or organizing with respect to religious
and/or
political matters, as well as local organizations engaged in fund-raising
activities.
B.
Permit and License Required - It shall be unlawful for any solicitor or
canvasser
to
engage in such business without first obtaining a permit and license therefore
in
compliance with the provisions of the article.
C.
License Application Contents; Filing Fees –
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(a)
Applicants for a permit and license under this article must file with the City
Clerk,
which shall give the following information:
(1)
Name and description of the applicant
(2)
Permanent home address and full local addresses of the applicant;
(3) A
brief description of the nature of the business and the goods to be
sold;
(4) If
employed, the name and address of the employer, together with
credentials
establishing the exact relationship;
(5) The
length of time for which the right to do business is desired;
(6) The
place where the goods or property proposed to be sold, or orders
taken
for the sale thereof, are manufactured or produced, where such
goods
or products are located at the time such application is filed and
the
proposed method of delivery;
(7) The
names of at least two (2) reliable property owners of the county
who
will certify as to the applicant's good character and business
respectability
or, in lieu of the names of references, such other
available
evidence as to the good character and business
responsibility
of the applicant as will enable an investigator to properly
evaluate
such character and business responsibility;
(8) A
statement as to whether or not the applicant has been convicted of
any
crime, misdemeanor or violation of any municipal ordinance, the
nature
of the offense and the punishment or penalty assessed
therefor.
(b) At
the time of filing the application, a fee of two hundred and fifty dollars
($250.00)
shall be paid to the City Clerk for each solicitor or canvasser.
D. Same
Investigation; Issuance of License –
(a)
Upon receipt of a license application under this article, the original shall be
referred
to the chief of police who shall cause an investigation of the
applicant
to determine the following facts:
(1)
Whether or not fraud, misrepresentation or false statements have
been
made in the application for license;
(2)
Whether or not the applicant has been convicted of any crime or
misdemeanor
involving moral turpitude.
(b) If,
as a result of such investigation, the chief of police shall find that either
paragraph
(a) (1) or (a) (2) is answered in the affirmative, he shall endorse
on such
application his reasons therefor, and return the same to the City
Clerk
who shall notify the applicant that his application is disapproved and
that no
license will be issued.
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(c) If,
as a result of such investigation, the character and business
responsibility
of the applicant are found to be satisfactory, the chief or
police
shall endorse on the application his approval, execute a permit
addressed
to the applicant for the carrying on of the business applied for
and
return such permit along with the application to the City Clerk, who
shall,
upon payment of the prescribed license fee, deliver to the applicant
his
permit and issue a license. Such license shall contain the signature and
seal of
the issuing officer and shall show the name and address of the
licensee,
the class of license issued, the kind of goods to be sold
thereunder,
the amount of fee paid, the date of issuance and the length of
time
the same shall be operative, as well as the license number and other
identifying
description of any vehicle used in such soliciting or canvassing.
The
clerk shall keep a permanent record of all licenses issued.
E.
Exhibition of License - Solicitors and canvassers are required to exhibit their
licenses
in such a manner to be visible at all times.
F.
Enforcement - It shall be the duty of any police officer of the city to require
any
person
seen soliciting or canvassing, and who is not known by such officer to be
duly
licensed, to produce his solicitor's or canvasser's license, and to enforce
the
provisions of this article against any person found to be violating the same.
G.
Record of Violations - The chief of police shall report to the City Clerk all
citations
for violation of this ordinance, and the City Clerk shall maintain a
record
for each license issued and record the reports of violation therein.
H.
Revocation of Licenses –
(a)
Permits and licenses issued under the provisions of this article, may be
revoked
by the City Clerk after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the
application
for the license ;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying
on his business as solicitor or as canvasser;
(3) Any
violation of this article;
(4)
Conviction of any crime of or misdemeanor involving moral turpitude;
(5)
Conducting the business of soliciting or canvassing in an unlawful
manner
or in such a manner as to constitute a breach of the peace or a
menace
to the health, safety or general welfare of the public.
(b)
Notice of the hearing for revocation of a license shall be given in writing,
setting
forth specifically the grounds of complaint and the time and place of
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hearing.
Such notice shall be mailed, postage prepaid, to the licensee at
his
last known address at least five (5) days prior to the date set for hearing.
J.
Appeal - Any person aggrieved by the action of the chief of police or the City
Clerk
in the denial of a permit or license, or the action of the City Clerk in the
assessing
of the fee, shall have the right of appeal to the City Council. Such
appeal
shall be taken by filing with the Council, within fourteen (14) days after
notice
of the action complained of has been mailed to such person's last known
address,
a written statement setting forth full the grounds for the appeal. The
Council
shall set a time and place for a hearing on the appeal and notice of such
hearing
shall be given to the appellant in the same manner as provided for notice
of
hearing on revocation.
K.
Expiration Dates of Licenses - All annual licenses issued under the provisions
of
this
article shall expire on December 31 in the year when issued; other than
annual
licenses shall expire on the date specified in the license. (Article XVI
added
10/18/90).
XVII.
REGULATION OF COMMERCIAL PARKING LOTS
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Definitions.
As used
in this article, “commercial parking lot” shall mean any open air parking lot
or
parking
garage used in whole or in part for parking three (3) or more motor vehicles
and
where a
fee for parking is charged.
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Procedures.
No
person shall engage in the business of conducting or maintaining a commercial
parking
space without a license therefore granted by the City Council, approved in all
cases
by the head of the fire department. Each license granted under this section and
the
application
therefore shall specify all the premises to be occupied by the licensee for the
purpose
of conducting the licensed business, the total area of the space therein to be
actually
used for parking or storing vehicles, and the maximum number of vehicles to be
parked
or stored in such area. The annual fee for a license for any space, lot, parcel
or
yard,
used in whole in part for parking three (3) or more motor vehicles shall be six
dollars
($6.00)
per parking space annually. Each license shall bear such restrictions or
regulations
as the City Council shall direct and impose, including but not limited to
restrictions
on hours of operation, lighting, and signage. Licenses granted hereunder shall
expire
on April thirtieth following the date of issue, or on such date as may be
specified
therein,
and may be suspended or revoked by such authority and by the head of the fire
department.
Whoever, not being licensed, engages in a business required by this section
to be
licensed, or is concerned therein, or, being licensed, violates any condition
of his
license
or engages in such business, or is concerned therein, and any other place than
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that
designated in his license or after notice to him that his license has been
suspended or
revoked,
shall be punished by a fine of not more than three hundred dollars.
(added
1/26/2004)
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