§ 9-2. Site approval for racing.

(a)

In accordance with M.G.L.A. c. 128A, § 13A, the mayor and the city council shall not approve a site for racing unless the following provisions are met in all regards:

(1)

The area for a site must be zoned industrial.

(2)

The area for a site must not be within two miles of a church, cemetery or burial ground, school, playground, public park or recreational area, housing development, fire station, hospital or public water supply.

(3)

The area for a site must have a frontage on a public way of at least 200 feet.

(4)

An engineering plan complete in detail as to elevations, drainage, sewerage, water and building layout must be first filed with the office of the building inspector along with a complete building plan by a certified architect as are necessary for the issuance of a building permit.

(5)

Approval of the engineering plan and architectural plan must be given by the planning board, department of public health, and the engineering department of the city.

(b)

It shall take a three-quarters vote of the total membership of the city council favoring the site for approval to be submitted to the state racing commission.

(c)

The mayor shall have the right to approve or disapprove such vote and such disapproval shall be considered a veto.

(d)

Failure to act on any of these provisions shall not constitute an affirmative action or otherwise be construed to be acceptance of the application for a site.

(e)

These provisions shall apply to any site location in the city relating to the industry of the pari-mutuel system of betting now in existence or hereafter permitted by the state legislature.

(Ord. No. 818, § 8-210, 12-10-79)