Skip to Content

Session Law

2010

Jump to:

Chapter 51 AN ACT RELATIVE TO THE SALE OF TAXI LICENSES IN THE TOWN OF BROOKLINE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 1 of chapter 317 of the acts of 1974 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Except as otherwise provided herein, all statutes and by-laws applicable to transportation, vehicular licensing and traffic rules, regulations and orders shall apply to the department of transportation.

SECTION 2. Section 4 of said chapter 317, as amended by section 1 of chapter 85 of the acts of 2006, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Except as otherwise set forth herein with regard to taxi license sales, the board shall have exclusive authority, generally consistent with the transportation policies of the board of selectmen and except as otherwise provided in this act, to take any and all of the following actions after public notice and at a public meeting, if it determines, by the vote of at least 4 members, that the actions serve the public safety, welfare, environment or convenience.

SECTION 3. The second paragraph of said section 4 of said chapter 317 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The board shall also have all authority previously granted to the selectmen by virtue of section 22 of chapter 40 of the General Laws, except with respect to the sale of taxi licenses as set forth in section 4A.

SECTION 4. Said section 4 of said chapter 317 is hereby further amended by striking out the third paragraph, as amended by section 1 of chapter 85 of the acts of 2006, and inserting in place thereof the following paragraph:-

Except as otherwise set forth herein with regard to taxi license sales, no such adoption, alteration or repeal of a rule or regulation shall take effect, except for special rules or regulations that are declared by the board to be urgently required for public safety or welfare or are of temporary nature and are able to be effective for a period of not more than 60 days, until 30 days have expired after both publication in a newspaper published or distributed in the town and action on any appeal petition filed under this section.

SECTION 5. The fourth paragraph of said section 4 of said chapter 317, as amended by said section 1 of said chapter 85, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Except as set forth herein with regard to taxi license sales, the following paragraph describes the appeal procedures applicable to any board action.

SECTION 6. Chapter 317 of the acts of 1974 is hereby amended by inserting after section 4 the following section:-

Section 4A. Notwithstanding chapter 30B or section 3 of chapter 40 of the General Laws or any other general or special law to the contrary, the board of selectmen shall have the exclusive authority to sell taxi licenses by public auction, public sale, sealed bid or other competitive process established by regulations promulgated by the board after public hearing. The board of selectmen may entrust to the transportation board broad discretion to take actions necessary to implement this section and to sell taxi licenses, including, but not limited to, determining the number of licenses that shall be sold, the timing of the sales, and any conditions and limitations pertaining to the sales, including the power to revoke, suspend, renew and assign the licenses, except that the board of selectmen shall approve sales prices and execute sales contracts. Proceeds from the sales of licenses shall be paid to the collector-treasurer of the town of Brookline for deposit into the general fund to be appropriated pursuant to section 5 of chapter 40 of the General Laws. The board of selectmen may direct the board that in taking any action the board considers necessary to implement this section and to sell taxi licenses, including the adoption, alteration or repeal of rules and regulations after public hearing, the board may balance, in its discretion, the interest of Brookline residents in the continuity of existing Brookline taxi businesses, the interest of existing license holders in their investment in their businesses, the interest of the town in augmenting the portion of the taxi fleet serving the town that meets the needs of its elderly and disabled residents and that minimizes the fleet’s detrimental impact on the town’s air quality and on the level of the town’s carbon emissions as a whole, and the town’s interest in maximizing revenue generated from sales of taxi licenses. The board of selectmen may consider these factors in determining whether to agree to a taxi license sales price. Any appeal from the board of selectmen’s sale of a taxi license shall be to a court of competent jurisdiction.

This section shall not apply to a license issued and outstanding on the effective date of this act.

Rules and regulations adopted, altered, or repealed by the board after public hearing in connection with implementing this section, including rules or regulations adopted, altered, or repealed for the purpose of creating a property interest in the licenses and of undertaking the sales of taxi licenses, shall not take effect until 30 days have expired after publication of the rules and regulations in a newspaper published or distributed in the town and on the town’s website. Any appeal from the board’s adoption, alteration, or repeal by the board in connection with implementing this section shall be to a court of competent jurisdiction.

SECTION 7.
This act shall take effect upon its passage.

Approved, March 18, 2010.


Error