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Town of Eastham, MA
Barnstable County
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[HISTORY: Adopted by the Special Town Meeting of the Town of Eastham 7-24-2001 by Art. 19. Amendments noted where applicable.]
Any person conducting a business in the Town of Eastham under any title other than the real name of the person conducting the business, whether individually or as a partnership, shall file in the office of the Town Clerk a certificate stating the full name and residence of each person conducting such business, the place, including street and number, where, and the title under which, it is conducted.
Such certificate shall be executed under oath by each person whose name appears therein as conducting such business and shall be signed by each such person in the presence of the Town Clerk or a person designated by the Town Clerk or in the presence of a person authorized to take oaths.
The Town Clerk may request the person filing such certificate to produce evidence of his identity and, if such person does not, upon such request, produce evidence thereof satisfactory to such Clerk, the Clerk shall enter a notation of that fact on the face of the certificate.
A person who has filed such a certificate shall, upon his discontinuing, retiring or withdrawing from such business or partnership, or in the case of a change of residence of such person or the location where the business is conducted, file in the office of the Town Clerk a statement under oath that he has discontinued, retired or withdrawn from such business or partnership or of such change of his residence or the location of such business. In the case of the death of such a person, such statement may be filed by the executor or administrator of his estate.
A certificate issued in accordance with this bylaw shall be in force and effect for two years from the date of issue and shall be renewed each two years thereafter so long as such business shall be conducted and shall lapse and be void unless so renewed.
Copies of such certificates shall be available at the address at which such business is being conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business.
Fees for filings under this bylaw shall be those established pursuant to the Town Clerk's fees.
Certificates issued pursuant to this bylaw shall be in lieu of those required under MGL C. 110, § 5.
A. 
Violations of this bylaw shall be punishable pursuant to MGL C. 110, § 5, by a fine of not more than $300 for each month during which such violation continues.
B. 
Violations of this bylaw may be processed pursuant to MGL C. 40, § 21D. Fines for violations shall be assessed according to the schedule listed in Subsection D of this section.
C. 
Enforcement of this bylaw shall be carried out by the Town Clerk or other person so designated by the Town Administrator.
D. 
Prior to assessing and penalty, the enforcing person shall cause a notice to be sent via certified mail to the violator informing him of such violation and giving the violator 14 calendar days in which to comply with this bylaw.
E. 
Thereafter, a fine of $25 shall be assessed for each month during which such violation continues.