LICENSING

Preamble Standards Governing Licensing
Sec. 13-10. Taxicabs and other vehicles for hire
Sec. 13-11. Company Licenses
Sec. 13-12 Vehicle for Hire - Insurance Requirements
Sec. 13-13 Responsibilities of Owners
Sec. 13-14 Vehicle Markings and Physical Characteristics
Sec. 13-15 General Operation of Licensed Vehicles
Sec. 13-16 Operation of Taxicabs
Sec. 13-17 Fares - Vehicles for Hire
Sec. 13-18 Fines - Vehicles for Hire
Sec. 13-19 Operators Licenses - Vehicles for Hire
Sec. 13-20. Second-hand dealers
Sec. 13-21. Junk dealers and collectors
Sec. 13-30. Flea markets
Sec. 13-40. Saturday licensing of public amusements
Sec. 13-50. Door to door sales for future delivery
Sec. 13-60. Mandatory server training for all liquor establishments
Sec. 13-70. Banning late-night entertainment licenses
Sec. 13-71. Mandating public notification of entertainment license applications
Sec. 13-80. Automatic amusement devices
Sec. 13-90. Regulating Class II and Class III automobile businesses

CHAPTER 13 - LICENSING

Preamble

Standard Governing Issuance of Licenses Under Chapter 13, Methuen Municipal Code

Unless otherwise specifically provided for in the General Laws of the Commonwealth or the provisions of specific licenses as mentioned in Chapter 13, the following standards shall govern:

A. Applications for Licenses

Any request for a permit or license under Chapter 13 of this code shall be made in writing on a form prepared and/or approved by the City Clerk. Such application shall completely and truthfully divulge all information sought thereon for the purposes of determining whether or not the license of permit shall issue. Any application not completely filled out shall constitute just cause to reject the same for acceptance by the City Clerk. Further any application which, in the opinion of the Methuen City Council is subsequently found not to have divulged completely and fully the information sought thereon, may, if the City Council feels that it was material to the original issuance, constitute reason to revoke at a later date such license or permit.

B. Issuance of Licenses

The City Council may, at a duly called meeting, approve such application and issue a license or permit thereon to any person so named in the application, upon such terms and conditions as they, in their opinion, believe protect the interests of the citizens of the City of Methuen.

C. Revocation - Temporary and Permanent

Licenses granted under this chapter may be suspended by the Chief of Police if the licensee or permit holder is violating any statute, ordinance or condition of the license or permit, and, such temporary suspension may be for a period not to exceed two (2) weeks. During the time of such suspension, the City Council, may, if it so chooses, conduct a hearing to determine whether or not it should revoke such license or permit. Such licenses or permits may be revoked by the City Council for violation of statute, ordinance or condition of the license or permit relating to the operation of the business licensed thereunder and may include, as reasons therefore, failure of the licensee or permit holder to carry on the business at the place designated in the license or permit, failure to completely and truthfully and materially answer all questions on the application, or for other cause deemed sufficient by the Methuen City Council.

D. Rights of Licenses or Permit Holder

The issuance of any license or permit hereunder implies no intention to create rights generally for the holder to engage or to continue to engage in the transaction of business authorized by such license or permit, but is enacted with only the view to serve the public need and in such a manner as to protect the public good. The holder of such license or permit shall have no property rights in this or any other document or paper evidencing the granting of the license or permit and the City, acting by and through its City Council, shall, upon the expiration, suspension, revocation, cancellation or forfeiture of such license or permit, be entitled, upon demand, to immediate possession thereof.

In addition to the revocation provisions as mentioned above, the City Council may, after a hearing duly called thereon, modify, suspend, revoke or cancel the license or permit where the public necessity so requires.

E. Pledging

Any license or permit granted under Chapter 13 may not be pledged by the license or permit holder for a loan unless the approval of such loan and pledge is given by the City Council; nor may such license be transferred from one location to another or from one holder to another except with the express permission of the City Council.

F. Display of Licenses

Such licenses, when duly issued and approved by the City Council, shall be signed by the City Clerk and a copy thereof maintained by the licensee or permit holder and prominently displayed upon the licensed premises.

G. Coverage of License or Permit

A license or permit issued under this Chapter shall not protect the holder thereof from criminal or civil prosecution when such license or permit is attempted to be used in a building or place other than that designated in the license or permit unless consent to such is granted by the City Council.

H. Change of Ordinance and Conditions

Any person holding a license or permit under Chapter 13 which is used in a business activity under approval of the City Council shall be required to comply with any changes to the particular ordinance section for his/her license or permit and any and all further conditions enacted thereunder by the City Council. This provision shall likewise be applicable to licenses and permits issued which have not as of the date of the change of the ordinance or condition expired.

(Ord. #260, Approved May 18th, 1987, Eff. June 17th, 1987)

CHAPTER 13

LICENSING

Section 13-10 Vehicles for hire - General Provisions

A. Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this sub-section:

Taxicab: A metered or unmetered motor vehicle with a seating capacity of eight (8) or less that is operated for hire by or on behalf of the named insured or by an employee, but does not pickup, transport, or discharge passengers along a route.

Livery, Also Known as a Car Service: An unmarked (see Section 13-14, B) for hire motor vehicle which is described as having some or all of the following elements:

(1) Is hired on a prearranged basis
(2) Does not pick up hail fares on the street
(3) Does not contain a rate meter, and does not charge for services based upon miles traveled if the trip is less than twenty-five (25) miles
(4) Operates on a scheduled business day, and is returned to the vehicle's base of operation for a continuous period of a least four hours in each twenty-four (24) hour period
(5) Is operated by the named insured, an employee, or an independent contractor of the named insured, In attendance as a chauffeur
(6) Operates from a base with two-way communication
(7) Primary payment method is by billing or credit card.
(8) Not for drop-off and pickup unless being utilized by an employment agency or non-profit group, or for interstate travel that takes fares at least twenty (20) miles out of the city.
(9) Is utilized by car dealerships to transport clients and utilizes a livery registration plate.
(10) Is utilized by a Not for Profit organization for the transportation of persons under 17 years of age or mentally or physically handicapped individuals.

Limousine: An unmarked luxury sedan that is operated for hire which is:

(1) Hired on a prearranged hourly basis for weddings, funerals, religious ceremonies or other social functions;
(2) Hired on an exclusive, dedicated basis for the duration of the event, not for drop-off and pick up; and
(3) Operated by the named insured, an employee, or a independent contractor of the named insured, in attendance as a chauffeur at the beginning and ending of the function.

Vehicle for Hire: Shall be used herein when referring to all of the aforementioned vehicles.

B. Purpose and Authority.

Vehicles for hire are licensed by the City of Methuen to ensure the safety of the public. This ordinance is adopted pursuant to M.G.L. c.40, §22.

C. Scope.

Unless otherwise specifically provided, the articles contained herein shall apply to every vehicle for hire and vehicle for hire driver licensed by the City of Methuen.

D. Limits.

It is hereby declared that the sections, paragraphs, sentences, clauses, and phrases included in this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.

E. Amendments

The Methuen City Council reserves the right to amend this ordinance after proper public notice and hearing.

F. Effective Date.

This ordinance shall be effective on April 7, 2002.

Section 13-11 Vehicle for Hire Company Licenses

A. Company License - Required

No person shall set up, employ or use for the conveyance of passengers for hire, any motor vehicle, coach, cab or other means of conveyance, without a license from the Methuen City Council.

B. Same - Licenses Granted by Council

The City Council may grant vehicle for hire licenses for a term of one year upon such terms and to such persons as it may deem expedient to set up, employ or use for the conveyance of persons within the City, for hire, vehicles for hire, which licenses shall be revoked or suspended at any time by the City Council for any violation of the provisions of this section or any other ordinances of the City, and may be revoked by the City Council for other causes, and a record of such licenses shall be kept by the City Clerk.

C. Same - Qualifications of Licensee

Every person granted a vehicle for hire license under this section shall be duly established in the particular type of business for which the license has been granted (i.e. taxi, livery, limousine), making it a substantial part of his/her daily labors, and shall own property, either personal or real, in the City, not exempt from attachment, or be an inhabitant of the City.

D. Same - Vehicle License Application & Fees

No vehicle for hire license shall be issued unless the person owning or in possession of such vehicle for hire shall file with the City Clerk, a petition addressed to the City Council, in a format proscribed by the City Clerk, setting forth the name and residence of the applicant, who in no event shall be less than eighteen years of age. The petition shall also state the make, the year, the vehicle identification number and type of vehicle, and owner of each vehicle to be used, and the state registration number. All statements in the petition shall be sworn to. If the petition is made by a corporation the same shall be sworn to by the President and Treasurer of the corporation and shall set forth the names of all the officers and directors of the corporation.

The annual fee for a vehicle for hire company license shall be two hundred and fifty dollars ($250) per vehicle and shall be due and payable to the City of Methuen for the issuance and/or renewal of any such license. This fee is non-refundable and shall be paid via check or money order only. This fee shall be waived for not for profit organizations.

E. Same - Vehicle License Renewal

Vehicle licenses shall be renewable on an annual basis, with each license expiring on December 31st of each year.

F. Same - Limitation of Number of Taxi Licenses

The total number of taxicab company licenses, which may be granted and outstanding at any one time in the City, shall not exceed four (4). The total number of taxi vehicles allowed to be licensed in the City shall be forty (40) at any one time.

G. Same - Sale, Etc. of Vehicle for Hire License

No vehicle for hire license shall be sold, transferred or assigned without the consent of the City Council.

Section 13-12 Vehicle for Hire Insurance Requirements

A. Insurance Policy - Required

No license required by this section shall be issued until the applicant has acquired a policy of insurance and has delivered to the City Clerk a copy thereof issued by an insurance company authorized to transact business specified in sub-division (b) of Section 47 of Chapter 175 of the General Laws, covering the motor vehicle to be operated by the applicant under his license, conforming to the provisions of Sections 112 and 113 of Chapter 175 of the General Laws, nor until the applicant has also delivered to the City Clerk a certificate of the insurance company issuing the policy showing that the policy shall not be canceled or in any manner amended, changed or altered without giving the City Clerk five days notice thereof.

B. Same - Liability Coverage Requirements

Every licensed vehicle for hire owner shall, at all times, carry liability insurance which provides indemnity for or protection to the insured, and any person responsible for the operation of the insured's vehicle with his/her express or implied consent against loss by reason of the liability to pay damages to others for bodily injuries, including death at any time resulting therefrom, sustained during the term of the policy by any person, other than employees of the insured, or, of such other person responsible as aforesaid, who are entitled to payments for benefits under the provisions of M.G.L., c.152, and arising out of the ownership, operation, maintenance, control or use upon the ways of the Commonwealth of such vehicle, to the amount or limit of at least Two Hundred and Fifty Thousand Dollars ($250,000) on account of injury to or death of any one person, and, subject to such limits as respects injury to or death of any one person, of at least Five Hundred Thousand Dollars ($500,000) on account of any one accident resulting in injury or death of more than one person. In addition, the owner shall carry a property damage policy in the amount of Fifty Thousand Dollars ($50,000)

C. Same - Certified Statement of Letter Acceptable in Lieu of Certificate

The City Clerk may accept a statement in writing from an insurance company certifying that a policy of insurance is to be issued to the applicant and identifying the vehicles insured in lieu of the certificate of insurance. Said certificate of insurance shall include in its body whether the vehicle is being insured as a taxicab, livery, or limousine. The certificate of insurance shall be filed with the City Clerk immediately following preparation and issuance of the policy of insurance and also include the notice of cancellation of insurance to the City Clerk as specified in Section 12-12 A above.

D. Same - Notice Required of Actions Instituted Against Policy

A licensee or a person responsible for the operation of a licensee's vehicle with the express of implied consent shall immediately, upon the services of any writ or summons in any action for the payment of the judgment in which is secured by such policy, give written notice to the Chief of Police of the bringing of such action.

E. Same - Name of Insurer Furnished on Request

The City Clerk shall, upon request of any person, furnish the name of the company issuing an insurance policy referred to in the four preceding subsections covering any particular vehicle licensed and shall exhibit the certificate of insurance to any such person or his duly authorized representative.

F. Same - Termination of License Upon Cancellation or Expiration

Any license issued under this section shall terminate upon the canceling or the expiring of the policy of insurance required by Section 13-12, A, covering the car licensed.

Section 13-13 Responsibilities of Vehicle for Hire Owners

A. Vehicle Compliance

Each and every holder of a license issued pursuant to this ordinance shall be responsible for ensuring that each of said licensee's vehicles is maintained and operated in full compliance with these articles. Owners shall not allow operation of any vehicle that is unsafe for passenger service.

B. Daily Vehicle Inspection

Each and every holder of a vehicle for hire company license issued pursuant to this ordinance shall personally, or by an agent, inspect, repair and clean the interior and exterior of such vehicle on each day that the vehicle is operated. Such inspection shall be for the purposes of ascertaining vehicle compliance with these articles. The time, place and person performing such inspection shall be recorded on the daily log.

C. Maintenance of Daily Log

Each and every holder of a vehicle license issued pursuant this ordinance shall supervise the recording and maintenance of a daily log for each vehicle as required by Section 13-15, L. Such licensee must verify daily that the daily log has been properly prepared and accept the daily log for filing at the end of each day. Daily logs shall be retained for a period of not less than four (4) years. Such log shall, upon request, be open to inspection by the Chief of Police or any police officer designated by said Chief of Police. Daily log format shall be approved by the Police Department.

D. Driver Training and Supervision

Each and every holder of a company license issued pursuant this ordinance shall be responsible for training and supervising each and every driver operating any of said licensee's vehicles. Such training shall include but not be limited to: use of radio and/or cellular telephone, preparation of a daily log, proper vehicle operation, vehicle maintenance and review of the provisions of these articles. A failure to properly and adequately train any taxicab driver may result in disciplinary action if such driver is found to have violated any provision of this ordinance.

E. Licensed Operator Required; Only Fare-Paying Passengers Allowed

No persons owning or in possession of a vehicle for hire licensed under this chapter shall authorize, permit or allow such licensed vehicle to be operated by any person except a licensed public vehicle for hire operator; nor shall any person drive or have charge of any such licensed vehicle except a person licensed under this Chapter to operate such vehicles. Except in cases of emergency, no person other than a fare-paying passenger shall ride with or accompany any vehicle for hire operator in any vehicle for hire licensed under this section.

F. Drivers Eligible for Employment in the U.S.

Each and every holder of a license issued pursuant to this Chapter shall be responsible for verifying as to each and every driver, operating any of said licensee's vehicles eligibility for employment in the United States as per Title 8, USC, § 1324A.

G. Driver Dress Code

Each and every holder of a license issued pursuant this ordinance shall be required to inform each and every driver operating any of said licensee's vehicles, as to the standards for dress and appearance as provided by this ordinance. Further, the licensee shall be responsible for enforcing driver compliance with such standards.

H. Driver Refused if Intoxicated

A driver shall be refused work by the holder of a license issued pursuant this ordinance if in the opinion of the licensee, the driver is in an intoxicated or otherwise unstable state.

I. Reporting of Vehicle Accidents

Each and every holder of a license issued pursuant this ordinance shall ensure that the Police Department is notified in writing of any motor vehicle accident involving any of said licensee's vehicles for hire drivers. The driver shall make the official notification.

J. Change of Car Used as Vehicle for Hire

When vehicle for hire owners change cars, they shall bring the new registration certificate to the Police Department and the City Clerk's office, who shall make a copy of the same. After being properly recorded, the new car shall become a licensed vehicle for hire.

K. Child Restraints

Each and every holder of a license issued pursuant this ordinance shall have available, upon the request of any passenger, a child passenger safety seat for the transportation of a child under five (5) years of age or weighing less than forty (40) pounds, in accordance with M.G.L. Chapter 90 §7AA.

L. Notice to be Given of Employee Termination

When a licensed driver vacates their position or is terminated the company owner shall inform the Police Department's Licensing Officer within five working days of the termination date.

Section 13-14 Vehicle Markings and Physical Characteristics of Vehicles for Hire

A. Failure to Comply

Failure to comply with Methuen City Ordinance Chapter 13 regarding vehicle markings and physical characteristics may result in the immediate suspension or revocation of any vehicle license issued pursuant to this ordinance.

B. Livery Markings Prohibited

A licensed livery vehicle shall bear no external markings of any type, unless otherwise determined by the Chief of Police. Nor shall such a vehicle be equipped with any distinguishing lights or other externally mounted instruments so as to distinguish it from any private passenger vehicle.

C. Random Compliance Checks

The Chief of Police or his/her designee may at any time order a random compliance check of any vehicle for hire business or vehicle licensed in the City of Methuen. Said compliance checks shall not limit a police officer's ability to stop any vehicle for hire, at any time, for any reasonable suspicion of violations of City ordinances, State statutes, or this ordinance. Said compliance checks may include an audit of any vehicle for hire companies insurance policy.

D. Vehicle Inspection Reveals Unsafe Vehicle

If a random vehicle compliance inspection reveals a licensed vehicle to be unsafe for transportation, the vehicle license shall be suspended upon written notice to the licensee of the inspection findings. The vehicle shall be immediately removed from service, the license sticker issued pursuant to Section 13-14, M shall be removed and out-of service stickers shall be placed on the top portion of the windshield and the top portion of the rear window of said vehicle.

The vehicle shall remain out of service until the defect has been corrected and a representative of the police department has re-inspected and approved said vehicle to be fit for service. Only an authorized representative of the police department shall remove an out-of-service sticker. Removal of an out-of-service sticker by anyone other than an authorized representative of the police department may result in the revocation of the vehicle license and/or the vehicle for hire operators license of any driver found to have removed such sticker.

E. External Marking Requirements for Taxicabs

No taxicab shall operate without permanent decals or painted markings on each side of the vehicle as to license number, trade or business name and the word "Methuen". In accordance with M.G.L. c.40. §22, the trade or business name and the word "Methuen" shall be painted in letters not less than four inches high and one-half inch wide. The trade or business name and the word "Methuen" shall be painted in the same color. The trade or business name shall be painted on the front door on each side. The word "Methuen" shall be on the rear fender on each side. The license number shall be painted on the rear fender on each side of the vehicle. Removable magnetic decals are expressly forbidden.

F. Limitations on Additional Markings On Taxicabs

No advertising may appear on a taxicab in such a fashion as to interfere with the required emergency lights. The location of such advertising shall be approved by the Chief of Police. No other business information may appear on a taxicab except for the telephone numbers of the taxicab or taxicab dispatching company, the hours of daily operation, acceptance of credit cards, availability of customer cellular telephone and air conditioning.

G. Taxicab Color and Logo Design, Resemblance to Other Licensed Taxicabs Prohibited

A licensee shall not paint or otherwise mark a licensed taxicab so as to resemble any Methuen licensed taxicabs operated by another licensee. However, all licensed taxicabs operated by the same licensee shall be painted with identical colors and markings distinguishable from other licensed taxicabs. Colors shall be coordinated through the Police Department.

H. Two-Way Radio/Cellular Telephone Requirement

Every taxicab shall be equipped with a two-way radio or a cellular telephone. Such two-way radio or cellular telephone shall be used to report crimes and/or suspicious activities as required by Section 13-20, J.

I. Roof Light on Taxicab

Every taxicab shall be equipped with a light attached to the roof of the cab. The police department shall approve the type and style of the roof light. The roof light shall be used at all times the vehicle is within the City of Methuen and must be clearly visible from the front.

The lights shall be three-zoned indicating: "ON CALL", "OFF DUTY", and 'TAXI VACANT". If the taxicab is available for hire, the "TAXI VACANT" zone is lit. If the taxicab is en route to the response of a radio call, the "ON CALL" zone is lit. If the taxicab is not available for any fare, the "OFF DUTY" zone is lit.

This light shall also include a trouble light. This device will flash by the touching of a button or switch by the driver from inside the cab. The switch or button shall be within the immediate reach of the driver. The purpose of such device is to indicate that the driver requests assistance from the police. The type, color, and installation of said trouble light shall be approved by the Police Department.

J. Items Required in Licensed Vehicle

Each vehicle for hire licensed by the City of Methuen shall carry a copy of the following in said vehicle:

a. The most recent edition of this ordinance. This ordinance must be shown to passengers upon request;

b. Change for a $10.00 bill;

c. A road map of the City of Methuen;

d. A road map of Massachusetts; and

e. Blank receipt forms.

K. Visible Driver Identification

Every vehicle for hire licensed by the City of Methuen shall have displayed on the visor, glove box or other suitable viewing area, a card approximately 3 inches by 5 inches and provided by the police department. Said card shall contain a photograph of the driver and the following words:

"The Surname and Driver Certificate Number of this Driver are:"

L. Mechanical and Physical Condition Of Licensed Vehicles

Each vehicle for hire licensed by the City of Methuen shall be maintained at all times in compliance with the requirements set forth in the Massachusetts 540 CMR 4.04 and the following standards:

1. Interior

Interior surfaces must be intact. Seats must be free of tears. Floors must be free of holes and covered completely with carpet and/or rubber matting.

Interior surfaces and windows must be clean.

Seats must be functioning properly and all seat belts must be operable and available for use by passengers.

Windows and doors must be operable from the passenger compartment at all times.

2. Exterior

Vehicle body, bumpers, doors, trim and grill are free of cracks, breaks and surface rust longer than twelve inches in length or fifty square inches total, when all are added together.

All tires must meet Registry of Motor Vehicle Standards for tread depth.

All safety equipment of any type, including lights, signals, glass, windshield wipers and bumpers must be intact and operational.

All safety lights and other required lights must he intact and operational.

M. Licensing Stickers to be Issued;

Every vehicle for hire licensed for operation in the City shall be given a licensing sticker which shall be placed in the lower corner of the windshield on the driver's side.

Section 13-15 Operation of Licensed Vehicles for Hire Generally

A. Operation in Conformity with the Law

Drivers of vehicles licensed pursuant to this ordinance shall at all times operate them in accordance with the laws of the Commonwealth of Massachusetts and the Ordinances of the City of Methuen. A driver shall not knowingly give direction, information or transportation to a person seeking a place or person for illegal purposes including, but not limited to, the purchase or acquisition of controlled substances within the meaning of M.G.L. Chapter 94C.

B. Use of Alcohol and Controlled Substances Prohibited

No driver shall, while on duty, take or be under the influence of or consume any alcoholic beverages. No driver shall, whether on or off duty, purchase, sell, use or possess any controlled substance as defined by M.G.L. Chapter 94C.

C. Use of Prescription Drugs

No driver shall, while on duty, take or be under the influence of any prescription drug which may impair the drivers ability to operate said vehicle safely.

D. Operation of Unsafe Vehicle Prohibited

A driver shall not knowingly operate a taxicab or livery that is unsafe for passenger service.

E. Transportation By Direct Route

Drivers of licensed vehicles for hire shall, except when a passenger directs otherwise, transport passengers via the most direct route to the passengers specified destination. The driver shall always obtain permission from the passenger to transport said passenger via any route other than the most direct route.

F. Refusal to Transport Generally

The driver of a vehicle licensed pursuant to this ordinance shall not refuse transportation to any person except for the reasons set forth in subparagraphs (1) through (6) and as otherwise provided in this ordinance:

1. When a person is noisy or disorderly, or the driver has reason to believe that such a person is under the influence of alcohol or drugs unless said driver is directed to transport said person by a police officer, after securing identification of said person and having ascertained such person's ability to pay the driver;

2. When the person represents a threat to the safety of the driver or to his or her ability to drive the vehicle in a safe manner;

3. When a person is unconscious or deceased and placed in the vehicle by others;

4. When to do so would constitute assisting in a crime;

5. When a passenger is unduly discourteous to the driver or emits an offending odor;

Drivers are to make a daily log entry if they encounter any of the above situations.

G. Front Seat Passenger Prohibited

No person other than the licensed driver of a licensed vehicle for hire shall ride or sit in the front seat of said vehicle unless the rear seat is fully occupied by passengers. This provision shall not apply to passengers who must sit in the front seat for physical or health reasons, or for an authorized trainee having a letter of permission from the Chief of Police.

H. Transportation of Disabled Persons

1. Animals:

At his or her discretion, a driver may accept or refuse a call when a person is escorting an animal, except if:

a. The animal is properly and adequately secured in a kennel case or other suitable container which would not cause danger to the taxi driver and the interior of the taxicab, or;

b. The person is blind, deaf or otherwise disabled and is accompanied by a properly harnessed muzzled guide dog. No charge shall be made for transporting an animal if accompanied by a passenger;

c. Any driver who is afraid or allergic to animals shall declare his allergy or fear at initial licensing and drive only partitioned vehicles. The driver may not refuse to carry an animal if the vehicle is partitioned.

2. Wheelchairs:

No driver shall refuse transportation to a person with a wheelchair which folds up. Said person must be able to get into and out of the taxicab without assistance from the driver. Once said person is in the taxicab, the driver, without extra charge, shall fold up the wheelchair and place it in the trunk or in the rear of the taxicab.

I. Smoking in Licensed Vehicles

Drivers of licensed vehicles for hire shall not smoke cigars, cigarettes or pipes while transporting passengers if requested by a passenger to refrain from smoking. Drivers of licensed vehicles for hire displaying a "No Smoking" sign shall not be required to transport a passenger who insists on smoking a cigar, cigarette or pipe after being requested to refrain from smoking.

J. Receipt Requirements

Upon the request of any passenger, a driver shall provide a receipt to such passenger. Such receipt shall detail the date, time, point of origin and destination as well as the fare charged for such transportation.

K. Daily Log

Drivers shall complete a daily log for each shift documenting every fare from point of origin to point of destination. This daily log shall include:

a. Car number, operator's name, time of vehicle inspection;

b. The time and place of pick-up and the time and place of destination;

c. The number of passengers;

d. The fee collected; and

e. Articles found in taxicab after the departure of passenger(s).

At the end of every shift, the driver shall submit the daily log to the licensee for filing and storage.

Section 13-16 Operation of Taxicabs

A. Interfering with Places of Public Assembly

No drivers of a taxicab shall seek a fare by repeatedly and persistently driving said taxicab to and from a short distance or otherwise interfere with the proper and orderly access to or egress from any theater, hall, hotel, public resort, railroad, bus or train station or other place of public assembly.

B. Accepting a Hail

A licensed taxicab driver may accept a fare while driving through any public street or place.

C. Unattended Vehicle

Every driver of any licensed taxicab shall remain with said vehicle while it is idling. At no time shall a driver park their vehicle in a restricted location.

D. Soliciting Passengers While in Attendance of Vehicle

No taxicab driver shall ask anyone if he/she wants a taxicab unless said driver is sitting in the drivers seat or is within one arms length of the taxicab. The destination shall be ascertained after the fare is seated.

E. Refusal to Transport Due to Destination or Short Fare Prohibited

No driver shall inquire as to the destination of a passenger unless the driver is sitting on the driver's seat and the passenger is seated in the taxicab. A driver shall not refuse to transport a passenger due to the passenger's destination or a short fare. Drivers of radio dispatched calls may inquire as to destination within one (1) hour prior to driver shift change.

Nothing in this rule is intended to prevent a telephone operator from inquiring into a fare's name and intended destination for scheduling purposes.

F. Taxicab Previously Engaged

No driver of any licensed taxicab shall pickup or carry any passenger after the taxicab has been occupied until the first passenger is discharged unless the first passenger consents. Such prior passenger shall not be obliged or requested to pay extra fare for refusing such consent.

G. Refusal to Transport

A taxicab driver shall not refuse transportation to any person except in compliance with subparagraphs (1) through (3) and as otherwise provided in these rules and regulations:

1. When the driver has been dispatched on another call and his/her roof light is off or his/her "ON CALL" light is on;

2. When the driver has stopped work and is returning to the garage of record; the roof light is off, or his/her "OFF DUTY" light is on;

3. When it is necessary to take the taxicab out of service for repairs or to replace defective equipment, and the roof light is off, or the "OFF DUTY" light is on.

H. Parking of Private Liveries and Taxicabs

No more than one vehicle for hire, for each dwelling unit on a lot, is permitted to be parked or garaged in a residential district.

"Residential district", as used herein, shall have the same meaning as the following districts in the Methuen Comprehensive Zoning Ordinance: AG/CON; RA; RB; RC; RD; RG; MA; and MB.

I. Horn Usage

When picking up passengers vehicle for hire drivers shall refrain from excessive usage of their vehicle's horn. Horns shall, at all times, be used in conformity with Methuen City Ordinance Chapter 9 §9-62 and MGL Chapter 90 §16.

Section 13-17 Vehicle for Hire Fares to be Charged

A. Determination of Fare -- Notice to Passenger

Every vehicle licensed pursuant to this ordinance shall post inside the vehicle a schedule of fares to be charged for transportation by such vehicle which schedule shall be kept on file with the police department. In addition, every taxicab shall display inside the vehicle a notice to passengers that drivers are forbidden by law to demand a greater fare than that determined by the posted schedule of fares.

B. Rates - Established

The rates to be charged for a conveyance of a passenger in a taxicab within the municipal limits of the City shall be no greater than the following:

$ 1.10 for the first 1/7th of a mile, or fraction thereof;
$ .20 for each added 1/7th of a mile, or fraction thereof;
A maximum charge of $ 12.00 each hour of waiting time.

These rates shall be in effect twenty-four hours each day, provided that the provisions of this section shall not apply to taxicabs hired for funerals, weddings, christenings and touring; and that, as to these, the maximum rates shall be $12.00 per hour for any waiting time.

Upon the City Council's approval of a fare increase the licensee must post a notice of such increase along with a schedule of the fares to be charged pursuant to such increase, inside the vehicle, for five (5) consecutive business days.

Section 13-18 Vehicle for Hire Fines

A. Livery Used as Taxicab

Any livery vehicle found to be operating illegally as a taxicab shall result in the issuance of a non-criminal disposition fine of two hundred and fifty dollars and/or the immediate suspension of said vehicles permit for a period not exceeding thirty (30) days. Out-of service stickers shall be placed on the top portion of the windshield and the top portion of the rear window of said vehicle at the time of suspension.

Only an authorized representative of the police department shall remove an out-of-service sticker. Removal of an out-of-service sticker by anyone other than an authorized representative of the police department may result in further action, including, but not limited to, the revocation of the vehicle for hire operators license of any driver found to have removed such sticker, and the license of the vehicle in question.

All fines shall be made payable to the City of Methuen at the City Clerk's Office.

B. General Fines

Any violations of this ordinance, with the exception of the specific violation of Section 13-18, A, may result in the issuance of a non-criminal disposition fine of one hundred dollars and shall be payable to the City of Methuen at the City Clerk's Office.

C. Suspension or Revocation

The Chief of Police shall have the right to suspend or revoke any public vehicle for hire operators license held by any person who violates any of the regulations set forth in this ordinance or other ordinance of the City or law of the Commonwealth relative to taxicabs, liveries, and limousines or the operation of motor vehicles in general.

Section 13-19 Vehicle for Hire Operators Licenses

A. Authority of Police to Issue Public Vehicle for Hire Operators Licenses

The Chief of Police is hereby empowered to delegate and authorize proper officials of the Police Department of the City to issue annual Public Vehicle for Hire Operators Licenses to suitable persons who are qualified as operators of vehicles for hire under the terms of this Section.

B. Approval of Application

All applications for public vehicle for hire operators licenses shall require the approval of the Chief of Police or his/her designee.

C. Unsuitable Persons Generally

Among other elements of an applicant's background, The Chief of Police may consider unsuitable and an improper person to hold a public vehicle for hire operator's license any person who has a criminal record or has within the last five (5) years, any of the following

· Conviction of a felony.
· Violations of parole or probation.
· Convictions of illegal gambling and/or lottery.
· Conviction of a sex offense and/or is currently a registered sex offender.
· Conviction of assault and battery on or disobeying the directives of a Police Officer.
· Conviction of narcotics and/or alcohol related offenses.
· Conviction of firearms violations.
· Conviction of five (5) or more moving violations of motor vehicle laws.
· Pending criminal court cases. (May re-apply following disposition of case)

D. Operator's Licensing & Fees

Any applicant for a public vehicle for hire operator's license to drive a vehicle for hire shall present for examination, a valid license as a motor vehicle operator, issued to him/her by the state of his/her residence, and the date and number thereof shall be entered on his/her application.

The annual non-refundable application fee for any vehicle for hire operators license shall be one hundred twenty-five dollars ($125), fifty dollars ($50) for any applicant who drives solely for not for profit organizations, and shall be due and payable via check or money order to the City Methuen. This fee will include the cost of fingerprints of the operator, photographs of the operator and an identification badge. A photograph will be attached to the operator's license when issued and a photograph will be included in the operator's file at police headquarters. A third photograph will be attached to the visible driver identification as required in Section 13-14, K. The photograph of a driver of a public vehicle for hire shall be attached to the license in such a manner that it cannot be removed and another photograph substituted without detection. Each license shall contain a description of the licensee. All licenses issued to public vehicle for hire drivers shall be called for within thirty days after filing the application.

E. Vehicle for Hire Operator's License Renewal

Vehicle for hire operators licenses shall be renewable on an annual basis, on the anniversary date of the original license.

F. Lost or Stolen Vehicle for Hire Operator's License

The fee for a replacement vehicle for hire operators license shall be twenty-five dollars ($25) and shall be due payable to the City of Methuen upon the issuance of any such license.

G. Rights and Responsibilities of Drivers of Vehicles for Hire

1. Driver Compliance

Each and every holder of a vehicle for hire operators license issued pursuant to this ordinance shall be responsible for full compliance with these articles.

2. Surrender of License Upon Cessation of Driving

Any licensee who shall cease to be the driver of a vehicle for hire, shall at once surrender his or her operator's license to the Licensing Officer of the police department.

3. Notice to be Given Upon Change of Address, Employment, or Employer

When a licensed driver changes his or her address, place of employment, or employer, they shall within five (5) working days of such change, notify the Police Licensing Officer.

4. Notice of Arrest

If, for any reason, a licensed driver is arrested they shall within five (5) working days of the arrest, notify the Licensing Officer.

5. Right to Operate Taxicab and/or Livery

Only a driver possessing a valid vehicle for hire operators license issued by the City of Methuen pursuant to this ordinance shall be permitted to operate a Methuen licensed vehicle for hire.

6. License Photo

The driver of a licensed vehicle for hire shall appear as in his or her photograph as displayed on said vehicle for hire operators license and the Driver Identification required by Section 13-14, K. A new photograph shall be required to be taken at the police department without delay if the driver's appearance has changed.

7. Vehicle for Hire Operator's License Displayed

Every driver having charge of any vehicle licensed pursuant to this ordinance shall have his or her vehicle for hire operators license attached to their vehicle sun visor or to their outer garment or otherwise readily visible on their person, to be displayed upon request by a passenger or police officer.

8. Clothing and Cleanliness

Drivers shall dress neatly and be clean of body. The following are expressly forbidden:

a. Clothing containing a hole or holes in need of repair.

b. Bathing trunks or other swimwear, or jogging trunks.

c. Torn or ripped shorts

d. Footwear that could obstruct operation of vehicle.

9. Drivers Answerable to Police Officers

Drivers shall be responsible for answering fully any and all inquiries put to them by any police officer. This responsibility shall include production of said driver's vehicle for hire operators license, daily log and any other documents or things required to be in the possession of said driver or maintained in such vehicle.

10. Reporting of Crimes and Suspicious Activities

Every driver shall report to the police any crimes or any suspicious activities of passengers or other persons that he or she may observe.

11. Reporting of Accidents By Driver

Drivers shall provide written notice to the police department of motor vehicle accidents in which such driver is involved while in the course of his or her duties as a driver. Said notice shall be provided within twenty-four (24) hours of said accident.

12. Articles Found in Licensed Vehicles

Any driver who finds in a vehicle any article presumably belonging to a passenger shall, within twenty-four (24) hours, report the finding thereof to the Chief of Police, or the Licensing Officer, and deliver the same to him or her.

(Ordinance #733, Eff. April 7, 2002, repealing and replacing prior 13-10 & 13-11, as further amended by Ord. #760, Eff. July 1st, 2003)

Section 13-20. Secondhand Dealers

A. License Required

The City Council may, as provided by Section 54 of Chapter 140 of the General Laws, license suitable persons to be dealers in secondhand articles and keepers of shops for the purchase, sale and barter of such articles, pursuant to law.

B. Investigation of Applicants - Report

All applicants for a license required by the preceding sub-section shall first be referred to the Chief of Police, and be reported upon by him as to whether he is of good reputation, has ever held a similar license, and if such license was revoked, suspended or surrendered and the reason therefor.

C. Fee

The license fee per year or any part thereof for dealers in secondhand articles shall be as follows:

Furniture and Clothing $ 50.00
Jewelry $ 50.00
Coins and other precious metals $ 50.00
Any other articles $ 50.00

D. Expiration

All licenses required by sub-section A. shall expire on the thirtieth day of April following the date of issuance.

E. Revocation

Licenses provided for by this section may be suspended by the Chief of Police if the licensee is violating any statute, ordinance or police rule or regulation relating to licensee's business for a period of two weeks, pending a final determination by the Council on revocation of such. Upon the suspension by the Chief of Police, the Council shall conduct a hearing to determine whether or not it should revoke such license. Said hearing shall be held within two weeks following the suspension.

Such licenses will be revoked for violation of any statute, ordinance or police rule or regulation relating to the business of the licensee, for failure of the licensee to carry on the business at the place designated in his license or for any other cause deemed sufficient by the City Council.

F. Record to be Kept of Articles Purchased; Information to be Shown; Inspection

Every shopkeeper or dealer regulated by this section shall keep a bound book, the size and style of which shall be approved by the Chief of Police, in which shall be written at the time of every purchase of any such article a description thereof, and the name, age and residence of the person from whom such purchase was made. Such book shall at all times be open to the inspection of the Chief of Police or any person designated by him.

G. Articles to be numbered at Time of Purchase

Every shopkeeper or dealer regulated by this section 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 by sub-section F.

H. Daily Reports to Police; Information to be Shown

Every shopkeeper or dealers regulated by this section shall make note and deliver to the Police Department every Monday before the hour of 10:00 A.M. a legible and correct list containing an accurate description of all articles purchased during the preceding business week, and the respective numbers of such articles as provided by sub-section G., the prices paid therefor and the time when such articles were purchased. If, during the preceding business week, no articles have been purchased by such shopkeeper or dealer, he shall make out and deliver to the Police Department a report of such fact. Provided, however, that as to any articles purchased in bulk from an estate, the following reporting provisions shall apply: Every shopkeeper or dealer regulated by this section, where such purchases are made in bulk from an estate auction or liquidation sale, shall make note and deliver to the Police Department on the first day of each month before the hour of 10:00 A.M. a legible and correct list containing an accurate description of all articles purchased during the preceding business month and the respective numbers of such articles as provided by sub-section G., the prices paid therefor and the time when such articles were purchased. If no articles are purchased from an estate or liquidation sale in the previous month, he shall make note of such and deliver a copy of a report of such fact to the Police Department.

I. Articles Not to be Sold Within Certain Time

No shopkeeper or dealer regulated by this section shall permit to be sold any article purchased or received by him until at least a period of fourteen days from the date of its purchase or receipt has elapsed. No shopkeeper or dealer shall purchase any article on condition of selling it back again at a stipulated price. Dealers in clothing shall only be compelled to hold articles seven days.

J. Dealing with Minors

No shopkeeper or dealer under the provisions of this section, shall, directly or indirectly, purchase or receive by way of barter or exchange, anything in the line of secondhand articles from a minor, knowing or having reason to believe him/her to be such.

(Ord. #251, Eff. Feb. 4th, 1987; as amended by Ord. #455, Eff. Dec. 16th, 1992; as further amended by Ord. #753, Eff. July 1st, 2003)

Section 13-21. Junk Dealers and Collectors

A. Examination of Premises and Vehicles

Any place, vehicle or receptacle used for the collection or keeping of junk may be examined at all times by the Chief of Police or by any person authorized by him.

B. Junk Collector's Badge

At the time of issuance of a license for the collection of junk, the City Clerk shall supply the license with a badge for which the City Clerk shall collect the sum of Ten dollars ($10.00) each.

Each licensee as a junk collector shall, while exercising his license, wear the badge so provided, which badge shall state the character and number of the license. The wearing of the badge is hereby made the condition of a license for the collection of junk, and failure upon the part of the licensee to wear the badge while in the exercise of his license, shall be cause for the revocation of the license.

C. Time Restriction on Collection of Junk

No person shall collect junk within the limits of the City earlier than 8:00 A.M., nor later than 8:00 P.M.

D. Dealing with Minors

No person to whom a junk dealer's or junk collector's license shall be granted and issued shall directly or indirectly, either purchase or receive by way of barter, or exchange any junk from a minor, knowing or having reason to believe him/her to be such.

E. Record Book of Junk Dealers

Every junk dealer licensed under the provisions of this section shall keep books, the size and style of which shall be approved by the Chief of Police, in which shall be written at the time of every purchase or exchange of any article of junk, a description thereof and the name, age and residence of the person from whom the purchase or exchange was made. Such books shall be open at all times for inspection by the Chief of Police or any person designated by him.

F. Licenses Required

The City Council may, as provided by Section 54 of Chapter 140 of the General Laws, license suitable persons to be junk dealers and junk collectors, to collect, by purchase or otherwise, junk, old metals and secondhand articles from place to place within the limits of the City.

G. Application

A person desiring a license as a junk dealer or collector of junk shall make application therefor in writing on a blank to be provided by the City Clerk. The application shall be sworn to before a Justice of the Peace or Notary Public and any untruthful statement contained therein shall be cause for revocation of the license granted.

H. Investigative Report of Applicant

A license for junk dealers or the collection of junk shall not be granted until an investigation shall have been made by the Police Department to determine if the applicant is a proper person to exercise the license applied for.

I. Duration

Licenses for junk dealers or the collection of junk shall be granted in the month of April to take effect on the first day of May following. The license shall be signed by the City Clerk and shall continue in force until April 30th following.

J. Certain Persons Not to be Issued License

A license for a junk dealer or the collection of junk shall not be granted or issued to a person under the age of eighteen, or any person who within one year previous to the date of application has been convicted for violation of the terms and conditions of a similar license held by him. A license shall be issued only to a person or firm, the members of which have resided in the City for one year next preceding the date of application.

K. License for Each Collector Required

Not more than one person shall collect junk under a single license. A person employed as an agent by a junk collector shall not collect junk within the limits of the City unless he has been licensed to collect junk.

L. Fees

Every applicant for a license under the provisions of this section shall pay the City Clerk at the time of making application for such license, the following amounts:

a. Junk collector $ 15.00

b. Junk dealer $ 75.00

In the event the license applied for is not granted, the City Clerk shall refund to the applicant the amount deposited.

M. Revocation

Licenses provided for by this section may be suspended by the Chief of Police if the licensee is violating any statute, ordinance or police rule or regulation relating to licensee's business for a period of two weeks, pending a final determination by the Council on revocation of such. Upon the suspension by the Chief of Police, the Council shall conduct a hearing to determine whether or not it should revoke such license. Said hearing shall be held within two weeks following the suspension.

Such licenses will be revoked for violation of any statute, ordinance or police rule or regulation relating to the business of the licensee, for failure of the licensee to carry on the business at the place designated in his license or for any other cause deemed sufficient by the City Council.

(Ord. #753, Eff. July 1st, 2003)

Section 13-30. Flea Markets

A. Definitions

"Flea market" shall mean and include a garage sale, lawn sale, attic sale, rummage sale or any similar casual sale of secondhand tangible personal property and goods, which is advertised by any means whereby the public at-large is, or can be made, aware of said sale. It shall include sales by a single individual or group of individuals.

"Personal property" shall mean all secondhand goods and articles as defined in Chapter 140 of the Massachusetts General Laws and as further defined in Article 2 of Chapter 106 Massachusetts General Laws.

"Operator" shall mean the individual in control of the flea market. Said term further including partnerships, associations and corporations.

B. Permits

It shall be unlawful for any person, with the exception of those persons listed in Paragraph O. of this section, to conduct a flea market in the City of Methuen without first receiving a license from the City Council to so operate said flea market.

All said operators will also be considered secondhand dealers and are further bound by all restrictions contained in Chapter 13, Section 13-20.

C. Fees

The fee for such operator shall be as follows:

For non-commercial purposes, Two Dollars ($2.00) per day, or portion thereof, licensed and allowed to conduct said flea market, up to a maximum of Seventy-Five Dollars ($75.00);

For commercial operators, Seventy-five ($75.00) per annum per person or entity licensed and allowed to conduct said flea market;

Societies, associations or corporations organized solely for religious or charitable purposes, and their agents, shall not be required to pay a fee for such license.

D. Licensing

Such license may be granted in April of each year to take effect on May first, following. Each license issued under this ordinance must be predominantly displayed on the premises upon which the flea market sale is conducted throughout the entire period of the licensed sale.

E. Application

Any person seeking to be licensed to operate a flea market shall file with the City Clerk an application as prescribed by said Clerk which shall contain as a minimum the following information:

(a) The name of the person, firm, group, corporation, association or organization conducting said sale.

(b) The name of the owner of the property on which said sale is to be conducted, and consent of owner if applicant is other than the owner.

(c) Location at which sale is to be conducted.

(d) Number of days of the sale.

(e) The date and nature of any past sales.

(f) Relationship or connection applicant may have had with any other person, firm, group, corporation, association or organization conducting said sale and the date or dates of such sale.

(g) Whether or not applicant has been issued any other vendor's license by any local, state or federal agencies, and, whether or not such license, if issued, has ever been revoked or suspended.

(h) A sworn statement or affirmation by the individual signing that the information therein given is full and true and known to him/her to be so.

F. Issuance of License

The City Council may, at any duly held meeting, issue a flea market license to any person, upon such terms and conditions as they, in their opinion, believe protects the interest of the citizens of the City.

G. Rights of Licensee

The issuance of this license hereunder implies no intention to create rights, generally for the holder to engage or continue in the transaction of the business activity authorized by this license, but is enacted with the view only to serve the public need and in such a manner as to protect the public good. The holder of this license shall have no property right in this or any other document or paper evidencing the granting of this license, and the City shall, upon the expiration, suspension, revocation, cancellation, or forfeiture of this license, be entitled, upon demand, to the immediate possession thereof.

Whenever, in the opinion of the City Council, the holder of such license fails to maintain compliance with the provisions herein, or, that any violation of the laws of the Commonwealth, ordinances of the City, or rules and regulations of the City Council or any other municipal official, now or hereafter enacted, shall be violated, the City Council may, after a hearing thereon, modify, suspend, revoke or cancel this license.

H. Examination

The property, whether real or personal, utilized in the conduct and exercise of this license may be examined at any and all times by the Chief of Police or any other person authorized by him to insure that the laws of the Commonwealth and the terms of this license are being complied with by the licensee.

I. Identification

The holder of the license, or his designee, shall at all times keep upon his person a badge or other suitable emblem so as to indicate that he is the individual responsible for properly operating and maintaining said flea market during hours of operation.

J. Records

The holder of this license shall at all times maintain a separate bound record book for each dealer, the size and style of which shall be approved by the Chief of Police, in which shall be written the names of all participants engaged in selling any merchandise and the type, style and quantity of said merchandise. Each book shall also contain a written record of each purchase, sale, or swap which shall include the identification and description of each item. A copy of all pages covering the previous business week shall be delivered to the Criminal Investigation Division of the Methuen Police Department no later than 10:00 A.M. on each Monday. Such books shall be opened at all times for the inspection of the Chief of Police or any person designated by him.

K. Pledging

This license may not be pledged by the licensee for a loan unless the approval of such loan and pledge is given by the City Council; nor may such license be transferred from one location to another, or from one holder to another, except with the express permission of the City Council.

L. Signature on License

Such licenses, when duly issued and approved by the City Council, shall be signed by the City Clerk and a copy thereof maintained as part of his files.

M. Coverage of License

A license issued under this ordinance shall not protect the holder thereof in a building or place other than designated in the license, unless consent to removal is granted by the City Council.

N. Revocation

The City Council may, upon reasonable notice to the holder thereof, conduct a hearing to determine whether or not the license issued under this ordinance shall be suspended or revoked for violation of any provisions of this ordinance or any rules and regulations enacted hereunder.

O. Exemptions

(a) Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

(b) Persons acting in accordance with their powers and duties as public officials.

(c) Any private individual selling or advertising for sale an item or items which he/she personally owns, if said sale does not exceed twenty-five (25) items and said sale shall not occur more than four (4) times in any calendar year.

(Ord. #134, Eff. July 6th, 1983; as amended by Ord. #211, Eff. December 18th, 1985; as further amended by Ord. #455, Eff. December 16th, 1992, as further amended by Ord. #753, Eff. July 1st, 2003,as further amended by Ord. #834, Eff. September 2, 2009)

Section 13-40. Saturday Licensing of Public Amusements

A. Prohibition

No person, firm, corporation, group, or association owning, controlling or managing any property in the City shall cause to be operated or allow to be operated any concert, dance, exhibition cabaret, or public show of any description to be conducted on their premises on Saturdays unless and until a license therefore has been issued by the Mayor.

B. Application

All applications for an amusement/ entertainment license, be it under Chapter 140, Section 181, or Chapter 136, Section 4 of the General Laws, or Chapter 13, Section 13-40 of the Methuen Municipal Code, shall be required to request, by check-off, information on the specific activity to occur at the proposed event, specifically including the categories as follows: dancing by patrons, dancing by entertainers, use of recorded or live music, use of amplification systems, use of theatrical displays, use of floor shows, use of light shows of any description, as well as dynamic audio or visual. No application shall be favorably acted upon which does not provide a detailed explanation regarding such categories on the application form. Said application shall indicate that, unless specifically waived by the Mayor, there shall be required on all amusement/entertainment licensed events a liability policy in the amount of One Million Dollars ($1,000,000).

The application shall also state whether as part of the concert, dance, exhibition, cabaret or public show any person will be permitted to appear on the premises in any manner or attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or whether any female person will be permitted to appear on the premises in any manner or attire as to expose to public view any portion of the breast below the top of the areola, or any simulation thereof.

Upon request of the Mayor, the applicant shall furnish additional information concerning the type of concert, dance, exhibition, cabaret, or public show sought to be licensed, the conditions of the premises, and the actions to be taken in order to prevent danger to the public safety, health or order. Once a license has been granted to an applicant, the licensee shall continue to provide such information to the Mayor upon his request with regard to any particular concert, dance, exhibition, cabaret, or public show or with regard to the conduct of the premises in general.

C. Issuance or Denial of Permit; Public Hearing

Within forty-five (45) days following receipt of an application for a license under this section, the Mayor (1) may grant a license, or (2) shall provide the opportunity for a hearing on the application by written notice to the applicant given seven (7) days prior to the hearing date.

Within forty-five (45) days next following the final date of such opportunity for a hearing, the Mayor shall (1) grant or, (2) deliver to the applicant a written notice denying the license and stating in writing the reasons for such denial. No application having been denied as aforesaid and no similar application thereto may be filed within one (1) year of said denial, except in the discretion of the Mayor.

D. Conditions for Issuance of License

The Mayor shall grant a license under this section unless he finds that the license, taken alone or in combination with other licensed activities on the premises, would adversely affect the public health, safety or order, in that the concert, dance, exhibition, cabaret, or public show cannot be conducted in a manner so as to (1) protect employees, patrons, and members of the public inside or outside the premises from disruptive conduct, from criminal activity, or from health, safety or fire hazards; (2) prevent an unreasonable increase in the level of noise in the area caused by the licensed activity or caused by patrons entering or leaving the premises; or (3) prevent an unreasonable increase in the level of pedestrian or vehicular traffic in the area of the premises or an unreasonable increase in the number of vehicles to be parked in the area of the premises.

The Mayor may modify, suspend or revoke a license granted pursuant to the provisions of this section after providing an opportunity for a hearing preceded by a written notice to the licensee ten (10) days prior to the hearing date. The Mayor may not modify, suspend or revoke such license unless he finds that the license, taken alone or in combination with other licensed activities on the premises, has adversely affected the public health, safety or order as stated in the preceding paragraph.

E. Modification or Suspension of License

In any case in which the Mayor modifies, suspends or revokes a license, he shall notify the licensee in writing of such action and said written notice shall be accompanied by a statement of reasons.

In order to preserve and protect the public health, safety and order as aforesaid, the Mayor may place conditions upon the license and promulgate rules and regulations for such licenses. The Mayor may modify, suspend or revoke a license pursuant to this section for any violation of his rules and regulations or for any violation of law and may petition the superior court department of the trial court to enjoin any violation of this section.

The Mayor may adopt a rule requiring licensees under this section to prohibit minors from attending any concert, dance, exhibition, cabaret or public show of any description in which or at which any person appears in a manner of attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or in which or at which any female person appears in a manner or attire as to expose to public view any portion of the breast below the top of the areola, or any simulation thereof.

F. Expiration of License; Fee

A license issued under this section, unless sooner revoked, shall expire on December thirty-first of each year. The fee for any license or for any renewal thereof shall not exceed One Hundred Dollars ($100.00).

G. Exemptions

This section shall not apply to facilities licensed under Chapter 140, Section 183A Massachusetts General Laws, where such concert, dance, exhibition, cabaret or public show is carried on solely as part of and not independent of a license issued under Chapter 140, Sections 2 and 21A to 21E, or Chapter 138, Section 12, Massachusetts General Laws.

(Ord. #257, Approved May 4th, 1987, Eff. June 3rd, 1987)

Section 13-50. Door-to-Door Sales for Future Delivery

A. Definitions

As used in this section, the following terms shall have the following meanings:

"Sales agent" - a person under eighteen years of age who is recruited or retained by, or who represents, or is in any manner associated with, whether as an employee or an independent contractor, any sales organization engaged in the sale of goods or periodicals door-to-door for future delivery for any commercial purpose in a city or City in the Commonwealth. The term "sales agent" shall not include: (i) a person engaged in activities under the immediate supervision of a parent or guardian, or (ii) a person who does not earn his primary source of income while performing services for a sales organization, or (iii) a person who does not reside away from his home while engaged in the sales activity.

"Sales group" - any group of persons, including sales agents, which is engaged in the door-to-door sale of goods or periodicals for future delivery and which is under the supervision of a sales organization or sales supervisor.

"Sales organization" - a person or representative thereof, engaged in the supervision, recruitment, retention, or employment of sales agents for the door-to-door sale of goods or periodicals for future delivery.

"Sales supervisor" - a person representing a sales organization who directs or supervises a sales group in any city or City in which it is engaged in the sale of goods or periodicals door-to-door for future delivery.

B. Regulations of Salesmen

No sales organization shall recruit, hire, or employ a person to engage in the sale of goods or periodicals door-to-door for future delivery unless and until such person furnishes the sales organization with information sufficient to inform such sales organization of such person's age and identification.

Each sales organization shall:

1. Prior to the employment of a person under eighteen years of age, furnish to a parent or guardian of such person a listing of cities or towns in which the sales group will be working in the two weeks immediately following such employment, the dates when the sales group shall be in each such city or town, the address of the sales group in each such city or City during the time the sales group is in such city or City, and the business address at which such parent or guardian may be informed of such person's work address.

2. Keep accurate accounts of sales made, lawful expenses incurred, and all amounts earned by each sales agent.

3. Provide to each sales agent for each pay period, but not less than once each seven days, an itemized written statement of the account of such sales agent.

4. Pay, on the same day each pay period to each sales agent, all money earned from all sales made a week or more prior thereto by such sales agent.

C. Prohibitions

No sales organization, in carrying out any contract, agreement, or other arrangement with any sales agent, shall engage in any of the following conduct or activity:

1. Threats or acts of reprisals, intimidation, or physical violence against any sales agent, or any person acting on behalf of any sales agent.

2. Refusal to disburse commissions, salary, compensation or other remuneration owing to a sales agent.

D. Registration and Fee

All sales agents and sales supervisors covered by the provisions of this section shall register with the Chief of Police of the city or City of initial registration. Each applicant for registration shall provide positive identification, give a permanent street address, provide an exemplar of his signature, the name of his employer or the party responsible for complying with the provisions of Section 2, the business address of such employer, the identity and registration of any motor vehicle to be used to transport goods or persons engaged in said business, and a brief description of the goods to be sold and proposed method of operation. Said Chief of Police shall photograph each applicant for the purpose of identification and shall retain a copy of each such photograph for a minimum of two years.

Each registrant shall pay to the city or City in which the initial registration occurs a registration fee in accordance with the provisions of Section 22 of Chapter 101 of the General Laws.

E. Investigation and Action on Application

If the Chief of Police determines, by investigation, or receives reliable information that an applicant has been convicted of a felony or is a fugitive from justice, or if such applicant refuses to provide any of the required information, then said applicant may be denied registration. Otherwise, said Chief of Police shall provide each successful applicant who pays the required fee a certificate of registration which shall be effective and valid for two years from the date of issuance. Each such certificate of registration shall include the applicant's photograph, the applicant's description and signature, as well as the date and the name of the City. The certificate of registration shall be issued within forty-eight hours of the submission of the application. Such certificate shall be conspicuously displayed by each registered sales agent and sales supervisor when engaged in selling.

F. Notice Requirements

Before a sales agent or sales group may commence selling goods or periodicals door-to-door for future delivery in the City, written notice shall be given to the Chief of Police. Such written notification shall include the name and local address of each sales agent and sales supervisor, the date and time in which the sale is to be conducted, a description of the goods or periodicals to be sold, and the proposed method of operation.

The Chief of Police shall electronically notify the department of public safety of the name of each sales agent, including a sales agent within a sales group, and each sales supervisor who has registered or provided notice that he is selling goods or periodicals door-to-door for future delivery in said City. Said notification shall be by means of the criminal justice information system in accordance with a plan to be developed by the criminal history systems board. The department of safety of the Commonwealth shall make inquiry to determine whether a sales agent or sales supervisor is a missing person.

G. Regulation of Hours

The Chief of Police may regulate the hours during which and conditions under which the registrant may engage in door-to-door selling. If the sales group intends to extend its stay in the City, the sales supervisor, or sales organization, if there is no sales supervisor, shall submit to the Chief of Police a written statement citing the reason for such extension and the date of the expected departure of such sales group.

H. Revocation

Any such registration may be revoked for good cause by the Chief of Police. Good cause shall include a violation of this section or a determination that the registrant has been convicted of a felony, or is a fugitive from justice, or has been charged with a felony while engaged as a sales agent or sales supervisor. In the event of any such revocation, the Chief of Police shall immediately notify, in writing, the Chief of Police of the city or City which issued the certificate of registration so revoked.

A person or sales organization that knowingly violates any provision of Chapter 101, Section 34 of the Massachusetts General Laws, shall be subject to a fine of Five Hundred Dollars ($500.00)or imprisonment for not more than six months.

A person who knowingly supplies false information on an application or who carries on the business regulated by this section without registering or after his registration is revoked or expired shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six months, as per Chapter 101, Section 34 of the Massachusetts General Laws.

The provisions of this section shall not apply to any person who goes door-to-door to sell goods or periodicals on behalf of any group organized for any political purpose or for any purpose described in Section 4 of Chapter 180 of the General Laws, nor shall this section apply to a person engaged in any sale governed by Section 69 of Chapter 149 of the General Laws.

(Ord. #293, Approved July 5th, 1988, Effective July 5th, 988; as amended by Ord. #421, Approved Aug. 5th, 1991, Effective Sept. 4th, 1991)

Section 13-60. An Ordinance Relating to Mandatory Server Training for all Liquor Establishments

A. Purpose

The City Council recognizes the need to make all liquor establishments more responsible for the procedures they use when dispensing/selling alcoholic beverages. Specifically, to insure that management and employees of such establishments understand the consequences of unlawful serving practices - recognize and implement strict policies and procedures therewith.

B. Requirement

Any person, firm or corporation licensed under the provisions of Chapter 138, Section 12 or 15, including seasonal sales and further including malt and wine sales, shall participate in a program designed to train employees who engage in either package sales or pouring in methods of observation and detection to avoid selling or serving to intoxicated persons and/or minors. This program will be based on the type of license issued.

Said person, firm or corporation shall participate only in programs which have been approved by the Methuen Licensing Board.

C. Compliance; Training

All personnel shall be required to participate in a training program based upon the type of license issued and as determined by the Licensing Board. Licensees must comply with this ordinance from the date of its adoption and have one hundred percent (100%) of their employees trained and certified by December 31st, 1994. After that time, new employees of any licensee will have forty-five (45) days from the date of employment to become certified.

D. Certificate; Posting

All establishments shall maintain and exhibit, in visible location during operating hours, a roster or certificate of trained and certified personnel. An updated roster shall be submitted with the annual application for renewal of the license. The roster shall include:

1) Employee name
2) Type of training (license)
3) Date valid
4) Date of expiration
7) Date of hire.

E. Re-certification

All personnel shall be required to be re-certified once every three (3) years through an approved program.

F. Penalties

Failure to comply with this ordinance will result in a show cause hearing before the Licensing Board who shall determine what action, including without hereby limiting, revocation or suspension of the license, is appropriate.

(Ord #509, Eff. June 1st, 1994; as further amended by Order #810, eff. March 22, 2007)

Section 13.70. Late-Night Entertainment Licensing

Unless otherwise restricted, no holder of a license issued by the City of Methuen pursuant to Massachusetts General Laws, Chapter 140, Sections 177A, 181 and 183A, shall permit any activity licensed thereunder to be conducted between the hours of 2:00 A.M. and 6:00 A.M. The Mayor shall cause to be printed on all such entertainment and amusement applications a copy of this ordinance.

(Ord. #645, Eff. May 21st, 1998)

Section 13.71. Mandating Public Notification of Entertainment Applications

No application for a public entertainment/amusement proposed to be licensed under Massachusetts General Laws, Chapter 136, Section 4, Chapter 140, Section 181, Chapter 140, Section 183A, or Chapter 13 of the Methuen Municipal Code, shall be finally and favorably acted upon where the estimated patron count would exceed seven hundred fifty (750) unless the following has occurred prior to same:

(1) Notice of said application, together with all accompanying documents, has, a minimum of seventy-two (72) hours prior to the application, been filed in the office of the City Council Clerk.

(2) Notification by newspaper and prepaid postage mail to parties in interest as defined by Section 11, Chapter 40A of the Massachusetts General Laws, has been accomplished no later than ten (10) days prior to the approval.

The provisions of this ordinance may only be waived by the Mayor or the Licensing Board, as applicable, where they determine an emergency necessitates and requires immediate action.

(Ord. #643, Eff. May 21st, 1998)

Section 13.80. Automatic Amusement Devices

In accordance with Massachusetts General Laws, Chapter 140, Section 177A, as amended, any individual or business desiring to keep and operate an automatic amusement device for hire, gain or reward shall secure an annual license from the City Council. The City Council shall not grant a license for any automatic amusement device which presents a risk of misuse as a gaming device.

Automatic amusement devices that present a risk of misuse as gaming devices are those that have one or more of the following:

- The device involves matching random numbers, patterns or cards

- The device accumulates more than twenty-six (26) plays

- The device is equipped with a "knock off" switch, button, or similar device

- The device has a mechanism for adjusting the odds - The device has a remote control feature that can reset the device from another location

- The device is capable of returning money to the player, other than the change for the excess amount put in

- The device permits a player to pay for more than one game at a time.

Each game on the device shall cost exactly the same amount for each player and no player may change any aspect of the game by paying a different amount than any other player before or during the game. There shall be no metering device that accounts for both money/points in and money/points out.

The maximum number of automatic amusement devices allowed on any single business premises shall be four (4) except in the case of duly licensed arcades and amusement parks. Any individual or business desiring more than four (4) automatic amusement devices on a single business premises shall require a special permit from the Licensing Board. All licenses for automatic amusement devices granted by the City Council shall be subject to inspection by the Methuen Police Department to insure conformance with this amusement device ordinance and the submitted application information. Any unlicensed automatic amusement device shall be subject to immediate seizure by the Methuen Police Department.

(Ord. #703, Eff. September 6th, 2000)

Section 13-90. Regulating Class II and Class III Automobile Businesses

A. In accordance with its authority under Chapter 140, Section 59 of the Massachusetts General Laws, the Methuen City Council hereby enacts the following regulations to govern the size of premises of licenses within a Class III area.

B. Specifically, no license for the original issuance to the extent permitted or for any renewal of a Class III license shall be granted unless and until the Licensing Board shall have sought and obtained from the Police Chief and the Fire Chief a report specifying the maximum recommended number of Class III vehicles permitted on the site. The Board shall not approve an amount above the maximum recommended amount herein unless it shall, as part of its decision, explain in detail its reasoning in writing. Said report shall identify appropriate aisles in accordance with public and fire safety codes as well as optimum access points for firefighters fighting a conflagration at the scene.

C. Additionally, the Board shall, prior to the issuance of Class III licenses, seek and obtain a report from the Conservation Commission or its designee identifying any environmental concerns on or near the site, and, specifically, matters relating to the Wetlands Protection Act and Ordinance. Said report shall identify and make recommendation on whether or not a license should be granted to the premises and, if so, upon what conditions.

D. Licenses herein shall be approved for the storage of Class III type vehicles for the applicant where said applicant holds the item in bailment or ownership. In the instance where a vehicle is stored for other than bailment or ownership of the applicant, the applicant shall notify the Board and shall request an amendment to the license.

E. Stacking of vehicles on top of each other in a Class III business is prohibited.

(1) All license applications, be it original or renewal, shall identify thereon the Manager who shall be in control of the facility and who shall, to himself or designee, be available to public safety personnel twenty-four hours a day and shall provide a telephone number and address for contact.

(2) Any facility licensed under a Class III or Class II business shall be subject to inspection by the Inspectional Services Division and by the Police and Fire Departments. If one of the aforementioned inspectional units discovers a violation of a serious nature, it shall document the notice of violations, providing a copy to the applicant and a copy to the Licensing Board. In the instance where there are two documented violations in any given twelve month period, the Licensing Board shall forthwith conduct a hearing to determine whether or not to revoke the license or take other appropriate action.

F. In the instance where a residential business or commercial structure is utilizing a well system and is within one thousand (1,000) feet of the property line of the Class III business, any license issued for such Class III business by the Licensing Board shall contain therein a condition requiring, at the applicant's cost, annual potable water testing of such well in accordance with E.P.A. standards if required to do so by the Board of Health.

G. If a Class III business stores tires on the premises, they shall be stored in a location on the premises outside of a building and in an area as approved by the Fire Chief. The tire storage area shall be no larger than ten (10) feet wide, ten (10) feet deep and six (6) feet high. Said Class III business must have an ongoing program for the removal of the tires which shall be annually approved by the Chief.

H.. In the instance where a Class II business additionally is licensed for a Class III operation or, as a result of conducting a Class II business, performs Class III type work or storage on the site, the above cited requirements shall additionally apply to the renewal of a license of that business.

I. A Class III business license holder shall, at or before the next renewal, where it is visible from an abutting residential property or public or private way shall erect a screen out of natural objects or well constructed and properly maintained fences at least six feet high and in a manner acceptable to the Licensing Board that blocks the view from adjacent areas

J. In the instance where an individual, corporation, or other entity operating under a Class III license granted by the Licensing Board intends to sell such business or transfer it to a family member, said licensee shall be required to obtain a certificate of compliance. No new license shall be granted for a Class III business on the premises unless and until such certificate is granted. Said certificate of compliance shall accompany the new license application and shall be issued jointly by the Inspectional Services Division of Community Development, Police Department and the Fire Department if the premises are in compliance with all applicable requirements imposed by statute, regulation, ordinance or conditions. A certificate of compliance fee in the amount of Two Hundred Dollars ($200.00) shall be charged for the inspection so performed and the cost of such inspection and certificate shall be borne by the applicant

K. The provisions of Paragraph A.1. regarding maximum recommended vehicles shall likewise apply to a Class II business.

L. Class III facilities shall undergo an annual license compliance review performed by the Fire and Police Departments in conjunction with the Inspectional Services Division of Community Development. There shall be no fee for the annual inspection except where the premises fail the inspection review and require a re-inspection, the re-inspection fee shall be Two Hundred Dollars ($200.00).

(Ord. #698, Eff. May 31st, 2000)