State law reference—G.L. c. 41, Secs. 20-23.
Cross reference—Board of Selectmen generally, Secs. 2_38 to 2_44. See also Selectmen-Administrator Act, Secs. 2, 5,8, 14, and 16.
Article I. In General.
Section
16_1 to 16_5. Reserved.
Article II. Site Plan Approval.
Division 1. Generally.
16-6. Definitions
16-7. Authority of Board of Selectmen.
16-8. Application contents.
16-9. Submission.
16-10. Notice to town clerk of submission.
16-11. Contents of plan.
16-12. Approval, modification or disapproval.
16-13. Extension of time.
16-14. Public hearings and appeals.
Division 2. Site Design and Bonding.
16-15. Paving of ways.
16-16. Adoption of design guidelines.
16-17. Bonding.
Division 3. Summary of Procedure and Simplified Procedures for Approval.
16-18. Summary of procedure.
16-19. Simplified procedure for applicant.
Article III. Vehicles For Hire.
Division 1. Generally.
16-20. Applicability of article.
16-21. Taxicab - Definition, requirements and limitations.
16-22. Livery - Definition, requirements and limitations.
16-23. Limousine - Definitions, requirements and limitations.
Division 2. License.
16-24. Required.
16-25. Application.
16-26. Review by Chief of Police.
16-27. Grant or denial.
16-28. Notification as to vehicle.
16-29. Vehicle inspection.
16-30. Term and fee.
16-31. Renewal application/Replacement vehicles/Inspection.
16-32. Insurance.
16-33. Liability.
16-34. Suspension or revocation.
16-35. Assignment or transfer prohibited.
16-36. Return of license to police department/loss or destruction of license.
Division 3. Permit.
16-37. Required.
16-38. Age/Experience.
16-39. Application.
16-40. Review by Chief of Police.
16-41. Issuance or denial.
16-42. Term and fee.
16-43. Picture identification card.
16-44. Liability.
16-45. Suspension or revocation.
16-46. Return of permit and picture identification card to Police Department by vehicle licensee/Loss or destruction of permit.
16-47. Return of license to Police Department/Loss or destruction of license.
Division 4. Operation.
16-48. Duty to transport.
16-49. Sharing a ride.
16-50. Waybill.
16-51. Taxi stands - Parking - Standing.
16-52. Maintenance of vehicles/seatbelts.
16-53. Inspection/Inquiries.
16-54. Smoking.
16-55. Appearance/behavior of operator.
16-56. Display of license, picture identification card, and rates of fare.
16-57. Lettering on taxicabs and liveries.
16-58. Copy of regulations.
Division 5. Fares.
16-59. Taxicabs and liveries.
16-60. Separate fares.
16-61. Senior citizen discounts.
16-62. No fares in excess of established rates.
16-63. Rates for trips outside the Town of Stoneham.
Division 6. Information Update and Penalties.
16-64. Information update.
16-65. Enforcement/Penalties.
16-66. Reserved.
16-67. Reserved.
16-68. Reserved.
16-69. Reserved.
Article IV. Alcohol Beverages Rules And Regulations.
APPLICABLE TO ALL LICENSEES
16-70. Applicability of State Statutes and Regulations - Regulating alcoholic beverages.
16-71. Applicability of State and local laws and regulations, and permit requirements.
16-72. Availability of rules and regulations.
16-73. Responsibility for knowing rules and regulations.
16-74. No licenses for sale on Town of Stoneham property.
16-75. Application process - General requirements.
16-76. Application process - Building and site plans.
16-77. License conditions and restrictions.
16-78. Amendments to license approval.
16-79. Notification of legal actions.
16-80. License renewal.
16-81. Display of license.
16-82. Prohibition of licensed activity outside area designated by license.
16-83. Compliance with restrictions on hours of sales and/or service.
16-84. Responsibility for order.
16-85. Telephone access to manager.
16-86. Calling for police and/or medical assistance.
16-87. Hiring security personnel.
16-88. Gambling prohibited.
16-89. Sale or service to intoxicated persons.
16-90. Upkeep of area outside licensed premise.
16-91. List of employees.
16-92. Right of inspection.
16-93. Modification, suspension, revocation and cancellation.
16-94. Transfer of a license.
APPLICABLE TO ALL LICENSEES (OTHER THAN THEATERS) AUTHORIZED TO SELL FOR CONSUMPTION ON THE PREMISES
16-95. Minimum seating requirement.
16-96. Off-street parking requirements.
16-97. Hours of operation and sale.
16-98. Service of food.
16-99. Seating requirements.
16-100. Service bar.
16-101. Non-Disposable Glass or Cup.
16-102. Alcoholic beverages to remain on the premises.
16-103. Supervision – Presence.
16-104. Staffing.
16-105. Establishment of written policies.
16-106. Alcohol policy for staff while serving.
16-107. Alcohol management or server training.
16-108. Liquor liability insurance requirement.
16-109. List of alternative transportation.
16-110. Orderly closing.
16-111. Information regarding the alleged service of alcohol prior to violation for driving under the influence of intoxicating liquors.
16-112. Reserved.
16-113. Reserved.
16-114. Reserved.
APPLICABLE TO LICENSEES AUTHORIZED TO SELL FOR CONSUMPTION OFF THE PREMISES (PACKAGE GOODS STORE LICENSEES)
16-115. No sale of alcohol beverages for consumption on premises.
16-116. Prohibition on sale of products not directly associated with the sale of alcohol beverages.
16-117. Management and employee alcohol management training.
16-118. Hours of operation and sale.
SPECIFICALLY APPLICABLE TO CLUB LICENSEES
16-119. No off premises advertising.
SPECIFICALLY APPLICABLE TO THEATERS
16-120. Minimum seating requirement.
16-121. Incorporated by reference from rules and regulations “Applicable to all Licensees (Other than Theaters) authorized to sell for consumption on the premises”.
16-122. Events.
16-123. Hours – Sale of Alcoholic Beverage.
16-124. Arrangement and Service.
16-125. Areas of Service.
16-126. Eligible Purchasers.
16-127. Containers.
16-128. Transporting.
16-129. Advertising.
SPECIFICALLY APPLICABLE HOTELS, INNS AND MOTELS
16-130. Room service only on express approval.
SPECIAL LICENSE (ONE DAY PERMIT)
16-131. One-day permits—generally.
FEES
16-132. The annual fee for a license.
16-133. Effective date of rules and regulations.
16-134-149. Reserved
Article V. Town Common Regulations.
Sec. 16-150. Town Common Regulations.
Sec. 16-151. Regulations Applicable to all Persons Including Groups.
Sec. 16-152. Regulations Applicable to Group Use.
Sec. 16-153. Denial of an Application for Group Use – Procedures and Provisions.
Sec. 16-154. Compliance with Applicable Law and Penalties.
Sec. 16-155. Failure to Comply with Town Common Regulations.
Sec. 16-156. Penalty for Violation
Article I. In General.
Secs. 16_1. to 16_5. Reserved.
Article II. Site Plan Approval.
Division 1. Generally.
Sec. 16_6. Definitions.
The definitions of the zoning bylaw shall apply to all terms and words relative to zoning used in these rules and regulations, with the addition of the following terms and words.
Applicant. The person or persons who shall be an owner or owners of equitable interest of all land included in the site plan. If the applicant is represented by an agent, written evidence shall be submitted with the application for site plan approval that the agent has authority to submit said application for each owner involved.
Artificial pond. A body of water created by the process of excavation or by means of a dam, which is lined to most or all of its extent by natural materials.
Board. The Board of Selectmen acting upon site plan approval.
Building. For the purposes of defining the spacing between buildings, a building is taken to mean a structure which has been erected to enclose or shelter, partially or otherwise, an intended use therein, but excluding steps which provide a means of access therein.
Driveway opening. A vehicular access to or from a site located at the boundary between the site and the street side_line leading onto the traveled portion of a public, laid out or accepted way as defined in G.L. Chapter 41, Sec. 81L, by "subdivision."
Fire lane. A path or way or area, clearly marked for such use by signs, or other readable designations, flat and free of obstacles, which borders on or near a building or structure, sufficient to yield access to such structure for the removal of persons therein by fire apparatus, and which will provide rapid unimpeded access to said building or structure under all conditions of weather.
Hazard. A condition on a site which is dangerous to the health or the life and limb of occupants therein by reason of, but not limited to sudden changes of topography, wet, icy or otherwise slippery surfaces, insufficient ground support to bear customary loads appropriate for use, leakage of sewage, conditions which would result in a loss of vehicular control, infestations of insects or vermin, or other such conditions which the board holds to be a similar general condition during the development of the site, and after its completion.
Owner. As applied to real estate, the owner of record in the Middlesex South Registry of Deeds. or Middlesex South Land Registry District.
Parking area. A paved area comprised of parking spaces within a site, clearly marked for such use, or delineated with painted lines, for the unattended temporary storage of motor vehicles, with sufficient maneuvering area such as to allow collision_free access into and out of such spaces as are part of said parking area.
Parking space. A marked, paved or otherwise delineated area reserved to the use of individual motor vehicles, conforming in area to the requirements of the zoning bylaw, but such that a rectangle of dimensions eight feet by nineteen feet is not exterior to the bounds so marked, posted, delineated or otherwise reserved to such use.
Pedestrian way. A pathway within a site intended for pedestrian traffic which shall be capable of providing all_weather passage without ice hazard from draining water from other areas, or wet_slippage from the same, or without accumulation of mud or dust.
Person. An individual, two or more individuals, a group or association of persons having common or individual interest in a site, a partnership or a corporation.
Screening. An obstacle to vision or light sufficient to reduce glare resulting from an allowed use within the site to an acceptable level on adjoining property, or to keep hidden from vision an outside storage area, such as not to detract from the amenities of the neighborhood.
Site. For the purposes of these rules and regulations, an area of land, with definite boundaries, used or available for use as the locus of one or more buildings, wherein use as such is allowed by the zoning bylaw, or by variance, exception or special permit, as to which there is an accord to such use, proposed or extant by persons with an interest in same.
Storage area. A location wherein outdoor material storage shall be confined in accordance with the use regulations of the zoning bylaw.
Street side line. The boundary between the lot or lots comprising the site, or the area of the site, and the public or laid out, or accepted way, as defined in Chapter 41, Section~81L of the General Laws.
Town agency. Any town board or department within whose purview recommendations as to the approval of a site plan may lie.
Ways within the site. For the purposes of these rules and regulations, areas used or intended to be used for vehicular traffic within the site which are paved and graded to accept loads appropriate to the uses allowed therein, not necessarily delineated with markers, curbs, or other signs, and which are clear of obstacles or obstructions to such vehicular travel in some continuous path from driveway opening to a parking area or pedestrian way leading to buildings or structures on a site.
Zoning bylaw. The zoning bylaw of the town.
Sec. 16_7. Authority of Board of Selectmen.
(a) Generally. The Board of Selectmen is empowered by Division 3 of Article VII of Chapter 15 to approve site plans for certain residential and commercial uses prior to the issuance of a permit by the building inspector for the construction, enlargement or alteration of buildings for such uses.
The zoning bylaw specifies certain districts where a mixture of residence and commercial uses are permitted. In addition, the bylaw specifies that commercial uses are permitted, under certain general conditions, but without specifying restrictions as to heights, yards, setbacks and lot size, in general. When regulations are of such unspecified and general character, the delegation of broad powers of approval to the Board of Selectmen, as provided by Division 3 of Article VII of Chapter 15, is a proper delegation of the powers of zoning by the town to the Board of Selectmen, and such power is validly exercised under provisions of Chapter 40A, Sections 4 and 2 of the General Laws.
(b) Discretion. Where discretion of the Board of Selectmen in the approval of a site plan is exercised, in matters having to do with the effect of the plan on the continuous use or advantageous development of adjoining properties, the board acts under the authority granted by Chapter 40A, Section 4 of the General Laws and other relevant provisions of the Zoning Enabling Act.
(c) Limits on disapproval. The board in exercising discretion or otherwise may request reasonable modifications of a submitted plan to conform with the provisions of the zoning bylaw. A plan may be disapproved only on failure of an applicant to so modify a plan, or for compelling and overwhelming reasons having to do with the promotion of public safety, health, welfare, convenience and morals.
Sec. 16_8. Application contents.
Application for site plan approval shall include the following to be considered valid:
(a) Land. A description of the land sufficient to identify by book and page in the Registry of Deeds, or identify the same, by location metes and bounds or other description.
(b) Owners, agents, etc. A testament as to the name, and addresses of mortgagees, owner or owners of the land within the site or authorized agents of such owners, with a signed request by the same for approval of the site plan, attesting to ownership, or mortgage and agreeing to abide by the rules and regulations of the Board of Selectmen in regard to site plan approval and further agreeing that obtaining such an approval of a site plan by fraud or misrepresentation shall be grounds for revocation of any permit so issued.
(c) Other owners. If different than the applicant, the name and address of all owners of structures within the site shall be included in the application, and a signed statement by the same shall be included with the application, consenting to the application for approval of the site plan. Further, if said other owners desire that conditions be laid upon their consent, let them so be taken at such time, in company with the application.
(d) Abutters. A list of the names and addresses of the most recent abutters and the owners of land next adjoining the land of the abutters, as required for public hearing and notice under the provisions of Chapter 40A, Section 17 of the General Laws.
(e) Plans. A site plan and six copies which conform to the site design requirements of these rules, and to the requirements for plans detailed by the zoning bylaw as follows:
(1) Residential. A scaled topographical site plan showing:
a. Location of vehicular ways.
b. Location of pedestrian ways.
c. Parking or garaging of motor vehicles complying with the zoning bylaw.
d. Spacing of structures.
e. Dimensions having to do with proper compliance with setbacks, heights and frontage required by the zoning bylaw.
(2) Business or commercial. A scaled topographical site plan showing:
a. Existing buildings.
b. Proposed buildings.
c. Existing structures.
d. Proposed structures.
e. Parking or garaging of motor vehicles.
f. Driveway openings.
g. Driveways.
h. Service areas.
i. Facilities for sewerage, refuse.
j. Other open uses.
k. Facilities for surface water drainage.
l. Fences.
m. Walls.
n. Planting areas.
o. Pedestrian walks.
Sec. 16_9. Submission.
(a) Determination of requirement. To determine whether or not site plan approval is required, the following procedure applies:
(1) An application for a building permit shall be filed with the building inspector, together with two copies of the site plan.
(2) If the building inspector finds that the application is for a structure on a site as described in the zoning bylaw, he shall forward to the Board of Selectmen, in writing or otherwise, a request for a collateral finding by the board as to whether or not the board concurs in such finding, and if, in the opinion of the board, site plan approval is required.
(3) Said finding by the board shall be final and determining of such requirement.
(4) If the board finds that site plan approval is not required, it shall so certify to the building inspector, in writing, said finding within fourteen days of the request for a finding by the building inspector.
(b) Submission procedure. Any person who submits a site plan to the Board of Selectmen for approval shall file with the board the following:
(1) A valid application as detailed in Section~16_8.
(2) A filing fee of ten dollars.
(c) Date of filing. The site plan shall not be deemed to have been submitted to the board until the valid application including plan and prints, and filing fee have been delivered to the board and recorded as valid at a regular or special meeting thereof and are all fully completed in accordance with these rules and regulations.
Sec. 16_10. Notice to town clerk of submission.
The applicant shall give written notice to the town clerk, by delivery or registered mail, postage prepaid, that he has submitted the site plan to the Board of Selectmen for approval. Such notice shall be accompanied by a copy of a valid application.
Sec. 16_11. Contents of plan.
(a) The site plan shall also show:
(1) Site, name or identification by boundaries, north point, date, scale, and the title "Site Plan."
(2) Name and address of owner, designer and engineer or surveyor.
(3) Names and owners of abutting land as they appear in the most recent tax list.
(b) On request from the board, where the use of the site will have a major impact on adjoining property, the plan shall show:
(1) Names, widths and exterior lines of existing streets.
(2) Size and locations of existing storm drains, sewers and water mains and their appurtenances and the location of existing buildings adjacent to the site.
(3) Fire boxes, hydrants and existing above_ground utilities within or adjacent to the site.
(4) Zoning districts within and adjacent to the site.
Sec. 16_12. Approval, modification or disapproval.
(a) Governing law. The Board of Selectmen, standing in place of the Board of Appeals by Chapter 40A, Section 4 of the General Laws, is governed in regard to site plan approval by provisions of Chapter 40A, Sections 17, 18, 19, 20, and 21 of the General Laws.
(b) Procedures. At a properly advertised hearing the Board of Selectmen shall review the site plan, taking into account recommendations submitted to it by the required town agencies. Within sixty days after submission, the board shall approve, disapprove or approve with modification the site plan, noting thereon its action and any changes which should be made. In case of disapproval, the board shall state in detail its reasons therefor.
All other procedures under site plan approval shall be in accordance with the provisions of special permit Chapter 40A, Section 18 of the General Laws or other relevant sections therein in regard to notice of action, recording of action, and recording of vote.
(c) Recommendations. Recommendations in regard to the site plan from town agencies shall be made to the board no later than forty_five days from the time of submission of the site plan. Failure to recommend by any town agency will constitute recommendation by that agency of approval within the purview of said agency.
Sec. 16_13. Extension of time.
(a) Upon the written request of the applicant or by mutual consent of the board and the applicant, an extension of time may be agreed upon for the board to take final action.
(b) Notice of such extension of time agreed upon, as described in Subsection (a) of this section, shall be filed forthwith by the board with the town clerk.
Sec. 16_14. Public hearings and appeals.
(a) Hearings generally. A public hearing on the application will be held no later than forty_five days from the date of submission of a valid application.
(b) Procedure. Provisions of Chapter 40A, Sections 17, 18, 19, 20 and 21 of the General Laws where applicable to special permits shall apply to a site plan approval in regard to but not limited to the following matters: Notice of hearing; required vote; repetitive petition; appeal to district court; appeal to superior court; bills filed by others; parties respondent; written notice of bill in equity; affidavit to court; intervention by interested persons; notice by clerk; finding and appeal; legal counsel for municipal officer or board; costs against board; costs against appellant; precedence of action.
Division 2. Site Design and Bonding.
Sec. 16_15. Paving of ways.
All ways within the site shall be paved such as to provide nonhazardous rapid access to all buildings on the site in all weather for vehicles and fire equipment, and such as not to comprise a nuisance to adjoining property by reason of noise, odor, vibration, dust, light and glare.
Sec. 16_16. Adoption of design guidelines.
Design guidelines shall be adopted by the following agencies:
(a) Public Works Department. The Public Works Department for materials, specifications and methods of construction and placement of drainage, vehicular and pedestrian ways, parking areas, municipal services, and conduits for underground utilities and fire alarm systems and driveway openings.
(b) Building inspector. The building inspector for screening against light, nuisance and fencing to protect the public against hazard.
(c) Fire Department. The Fire Department for fire lanes and the placement of hydrants and fire alarm boxes.
(d) Health Department. The Health Department for procedure and method of construction such as to minimize hazards to public health.
(e) Other departments or boards. All other departments or boards for matters within their purview.
Sec. 16_17. Bonding.
(a) Provision shall be made for satisfactory completion of vehicular and pedestrian ways, parking areas, drainage, municipal services, hydrants, conduits for fire_alarm systems and screening according to specification by the appropriate town agencies by bonding construction and installation of the same in sufficient amount prior to issuance of a permit resulting from approval.
(b) A bond shall be provided by the applicant, if required, sufficient to provide for the elimination of health hazards which may result from preparation of the site for construction, or construction on the site.
(c) Provision for inspection, control and notice of satisfactory performance sufficient to guarantee the release of the bond required by the board shall be made by the board and the relevant town agency.
Division 3. Summary of Procedure and Simplified Procedures for Approval.
Sec. 16_18. Summary of procedure.
(a) Application for building permit with two plot plans filed with building inspector.
(b) Building inspector forwards plot plan to selectmen for determination as to whether site plan approval is required.
(c) If selectmen determine that a site plan hearing is not required, they notify the building inspector within fourteen days in writing and a permit is issued forthwith.
(d) If selectmen believe that approval is required, they notify the building inspector to that effect within fourteen days.
(e) Applicant files application with the information and plans required in Section~16_9 with a ten_dollar filing fee.
(f) Copy of application is filed with town clerk.
(g) Date of submission is taken as date of regular meeting of selectmen when valid application is filed.
(h) Copies of plans are forwarded to all boards for recommendations.
(i) Hearing date is set within forty_five days of date of submission.
(j) Notice is published once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing.
(k) Abutters and abutters to abutters are notified of the hearing by certified mail.
(l) Recommendations of town agencies are received prior to forty_five days from date of submission.
(m) Failure to make recommendations by a town agency shall be interpreted as approval.
(n) A hearing board may recommend modification of plan. If plan is acceptable as submitted or modified, approval must be voted by no less than four out of five selectmen within sixty days of submission.
(o) Record of each selectman's vote with reasons for approval, modification or disapproval, is recorded in minutes of hearing.
(p) Within sixty days of submission, notice of decision is sent to applicant by certified mail.
(q) Notice of decision is filed with town clerk within sixty days from date of submission.
(r) Notice of decision is sent to abutters, abutters to abutters and any person requesting notification at hearing by certified mail within sixty days of date of submission.
(s) Any person aggrieved by decision may request review by district court within twenty_one days of date decision was recorded in the office of the town clerk.
(t) Within twenty days of date decision is filed in the office of town clerk or with the clerk of the district court hearing such matter, a bill in equity may be filed in superior court.
(u) If no notice of appeal was received during the twenty_one days by either district or superior court, final approval may be certified to applicant by town clerk.
(v) If a bond is required, it must be provided before a permit is issued.
(w) If limits or conditions are placed upon approval of site plan, such limits or conditions must be recorded at the Registry of Deeds or registered in land court prior to issuance of permit.
(x) Applicant and board may agree on extension of time for approval.
(y) Agreement on extension of time for approval filed with town clerk.
Sec. 16_19. Simplified procedure for applicant.
(a) Applicant for either apartment or commercial permit submits two plot plans to building inspector.
(b) Within fourteen days applicant is notified whether site plan approval is required.
(c) Application for site plan approval is received at regular meeting of Board of Selectmen.
(d) Duplicate application is filed with town clerk.
(e) Hearing is advertised and abutters notified.
(f) Hearing held not later than forty_five days from date of application.
(g) Decision of approval made within sixty days.
(h) Decision filed with town clerk.
(i) Time for decision may be extended by mutual consent, and notification filed with town clerk.
(j) Appeal or request for judicial review may be taken in accordance with Chapter 40A, Section 21 of the General Laws.
(k) If no appeal, permit will issue after twenty_one day appeal period with no notification of appeal.
Article III. Vehicles For Hire.
State law reference—Regulation of vehicles, G.L. c. 40 sec. 22. Registry of Motor Vehicle regulations, 540 CMR 2.00, et seq. See also common carriers of passengers, G. L. c. 159A.
Division 1. Generally.
Sec. 16-20. Applicability of Article.
Vehicles for hire including taxicabs and liveries (hereinafter referred to as "vehicles") operating or caused to be operated by non-governmental entities for the transportation of persons from place to place within the town, other than over regular routes or between fixed termini, shall be subject to the regulations of this article to the extent provided below.
Sec. 16-21. Taxicab - Definition, Requirements and Limitations.
A private vehicle licensed as such, used for transporting persons from place to place within the town other than over regular routes or between fixed termini. A taxicab may be hired by means of a taxi stand, solicitation to or from persons on the street, telephone or radio call or other pre-arrangement.
Sec. 16-22. Livery - Definition, Requirements and Limitations.
A private vehicle licensed as such, which shall in all respects be the same as a taxicab except that it may not be hired by means of a taxi stand or solicitation to or from persons on the street.
Sec. 16-23. Limousine - Definitions, Requirements and Limitations.
A private vehicle license as such, used for prearranged trips. Trips must be prearranged no less than twelve (12) hours prior to pick-up.
Division 2. License.
Sec. 16-24. Required.
No vehicle shall be driven, operated or caused to be operated as a vehicle for hire without a license first having been obtained for that vehicle from the Board of Selectmen after review of the license application by the Chief of Police and successful inspection of the vehicle.
Sec. 16-25. Application.
Applications for a license shall be made in writing, on Town approved forms, to the Police Department and shall provide the following information:
(a) The name and address of the applicant, if an individual; or if a corporation, the name, date of incorporation, address of its principal place of business and the name and address of its officers; or if a partnership, association or unincorporated company, the names and addresses of the partners or associates and the address of its principal place of business.
(b) The intended place of business within the Town of Stoneham.
(c) The intended place of nighttime vehicle storage.
(d) The name of the manager or principal representative.
(e) Proposed hours of operation.
(f) A telephone number where the licensee may be contacted in the evening.
(g) Description of proposed vehicle including the make, model and age of the vehicle.
Sec. 16-26. Review by Chief of Police.
The Chief of Police shall review the license application and forward his comments and/or recommendation, if any, to the Board of Selectmen no later than forty-five (45) days after submission of the application. No license shall be granted by the Board of Selectmen until the application has been reviewed by the Chief of Police.
Sec. 16-27. Grant or denial.
The Board of Selectmen may upon receipt of an application, issue a license under such terms and conditions as they deem appropriate and in the public interest. The Board, in determining whether or not to issue a license, may consider the public demand for the proposed service, the effect of the proposed service upon relevant traffic and safety conditions, the character and financial responsibility of the applicant, the condition of the proposed vehicle, and any and all other relevant facts or circumstances.
Sec. 16-28. Notification as to vehicle.
If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for hire, provide the following information, in writing, to the Police Department:
a. The make, model, vehicle identification number and age of the vehicle.
b. A copy of the certificate of insurance coverage page for the vehicle.
c. Vehicle registration.
Sec. 16-29. Vehicle inspection.
Subsequent to the grant of an initial license, but prior to the operation of the licensed vehicle, the vehicle shall be inspected at the direction of the Police Department to ensure full compliance with these regulations. Nothing herein shall relieve a licensee of its sole responsibility to ensure the safety of the vehicle and compliance with all applicable laws and regulations.
Sec. 16-30. Term and fee.
Any license issued hereunder shall expire on the first day of May next ensuing, unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the vehicle for which a license was issued shall forthwith surrender the license to the Board of Selectmen.
The annual fee for each license shall be fifty dollars ($50.00) per license for a full license year whether the initial year or renewal.
Sec. 16-31. Renewal application/Replacement vehicles/Inspection.
Renewal applications shall be submitted to the Police Department no later than April1 each year. The renewal fee shall be One Hundred Dollars ($100). If a vehicle is changed during a license year, the license fee for the replacement vehicle shall be Fifty Dollars ($50).
Prior to the grant of a renewal license by the Board or the replacement of a vehicle, the vehicle shall be inspected at the direction of the Police Department to ensure full compliance with these regulations. A vehicle which has not passed inspection shall not be granted a renewal license.
Sec. 16-32. Insurance.
A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to Others" shall be no less than $100,000 per person/$300,000 per accident. The Town shall be listed as a Certificate Holder with the Certificate provided to the Board of Selectmen and the notice of cancellation or amendment of the policy shall be no less than thirty (30) days.
Sec. 16-33. Liability.
The licensee is at all times responsible for his vehicle and shall be liable for all penalties and/or damage resulting from his operation of the vehicle by an employee, agent, or any other person authorized by the licensee to use the vehicle.
Sec. 16-34. Suspension or revocation.
The Board of Selectmen may suspend or revoke a license issued under the provisions of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the Board of Selectmen. Written notice of the hearing shall be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing.
The Board of Selectmen or the Chief of Police may temporarily suspend a license without a hearing for a period of no greater than ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient evidence to indicate that the public safety would be endangered by continued operation of the vehicle.
Sec. 16-35. Assignment or transfer prohibited.
No license shall be assigned or transferred.
Sec. 16-36. Return of license to police department/loss or destruction of license.
A license shall be promptly returned to the Police Department by the Licensee upon suspension or revocation of the license or the cessation of use of the vehicle as a vehicle for hire.
If a license is lost or destroyed, the licensee shall immediately report such loss to the Police Department which shall replace the license. The cost for a replacement license shall be Five Dollars ($5.00).
Division 3. Permit.
Sec. 16-37. Required.
No person shall operate a vehicle with a passenger, and no licensee shall employ or allow a person to operate a vehicle with a passenger, unless the operator first obtains a permit from the Board of Selectmen.
Sec. 16-38. Age/Experience.
No permit shall be issued to a person under eighteen (18) years of age, nor to any person who has not had a valid operator’s license for the prior two (2) years.
Sec. 16-39. Application.
Applications for a permit shall be made in writing to the police Department and shall provide the following information:
a. Full name and address.
b. Copy of a valid Massachusetts operator license issued by the Registrar of Motor Vehicles.
c. Previous experience operating a vehicle for hire within the last three (3) years.
d. Convictions or pleas of guilt to a criminal offense(s), except as outlined below shall be provided to the Town if requested, stating the offense(s), court(s) in which convicted or guilty plea occurred and when the conviction(s) or plea(s) occurred. (Nothing herein restricts the Town’s right to obtain criminal history record information pursuant to state law.)
The following criminal information is not and shall not be requested, examined or considered by the Board of Selectmen:
1. Arrests, detentions or dispositions in which no conviction or guilty plea resulted.
2. Convictions which have been reversed or vacated, but not pardoned.
3. Misdemeanor convictions or guilty pleas when the date of conviction or plea was greater than ten (10) years prior to the date of application for the permit.
e. Traffic violations for which there was a finding of responsibility for a period of three (3) years prior to the date of application for the permit or for such period of time as the Board of Selectmen or Police Department shall request.
Failure to give accurate and complete information as required above may be grounds for denial, suspension or revocation of a permit.
Sec. 16-40. Review by Chief of Police.
The Chief of Police shall review the permit application and forward his comments and/or recommendation, if any, to the Board of Selectmen no later than forty-five (45) days after submission of the application. No permit shall be issued by the Board of Selectmen until the application has been reviewed by the Chief of Police.
Sec. 16-41. Issuance or denial.
An applicant shall be granted a permit only if the Board of Selectmen determines that granting a permit to the applicant is in the best interest of the public.
Criminal convictions or pleas of guilt shall not result in an automatic denial of an application, but shall be given significant consideration and weight by the Board of Selectmen, taking into account all factors including the nature and gravity of the offense, the time that has passed since the conviction or plea and the sensitive nature of serving the public as a driver of a vehicle for hire.
Sec. 16-42. Term and fee.
Any permit granted hereunder shall expire on the first day of May next ensuing unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall forthwith surrender his permit to the Board of Selectmen.
The fee for an initial permit shall be Fifty Dollars ($50.00) and the fee for a permit renewal shall be Ten Dollars ($10).
Sec. 16-43. Picture identification card.
A picture identification card shall be issued by the Board of Selectmen, or its designee, to each permit holder.
Sec. 16-44. Liability.
A permit holder is at all times responsible for the vehicle he is operating and shall be liable for all penalties and/or damage resulting from his operation of the vehicle or a violation of these regulations. Nothing herein shall eliminate or reduce the responsibility or liability of the licensee pursuant to the applicable provisions of these regulations or law.
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