Legal Question in Business Law in Massachusetts
What does ''without limiting the generality'' mean?
I am trying to get a business license in Lawrence, MA for my web design
business...However, due to an outdated ordinance, the Building Commisioner
refuses to grant me the license because my business isn't specifically listed in
the ordinance. There is a phrase that states, ''Without limiting the generality, the
following shall be deemed home occupations.'' Is this statement saying that a
home business is not limited to being one of the 'following' businesses
described in the ordinance? Please help I am appealing his desicion with the city
council tomorrow, and I think this language might help me win this case.
1 Answer from Attorneys
Re: What does ''without limiting the generality'' mean?
"Without Limiting the generality" does mean that those businesses listed are intended as a general type of business so that a business that would fall in the general category, e.g. consulting would include management consulting, a consulting engineer, or professional services would include doctors, accountants, lawyers, management consultants.
If you are simply operating a web design and/or web hosting business out of your home and do not have customers coming to your home to the extent they create a nuisance to your neighbors you should be able to get a license. However, I have not reviewed the ordinance and therefore am relying on your facts and language. There may be language elsewhere limiting what is permissable.
If your services falls under a general category it should be authorized unless there is language elsewhere excluding it or a policy that has been issued that excludes it.
Good Luck.