[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No. 10-012 (former Ch. 5.16 of the Town Bylaws, which derived from prior code Ch. 72). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FOOD
Includes any articles or commodity however stored or packaged intended for human consumption, excluding alcoholic beverages.
This chapter shall not apply to the sale of alcoholic beverages by persons, stores or places of business licensed in accordance with the provisions of MGL c. 138.
No person, store or place of business engaged in the retail sale of food shall, without a written permit from the Board of License Commissioners, sell any food at retail between the hours of 11:00 p.m. and 7:00 a.m. unless otherwise conditioned by the Board of License Commissioners based on the nature of the business, proximity to residences, and impact to neighborhood.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).
No person licensed as a common victualler in accordance with the provisions of MGL c. 140 shall, without a written permit from the Board of License Commissioners, be open for the transaction of any retail business or sell any food at retail between the hours of 1:00 a.m. and 6:00 a.m., unless otherwise conditioned by the Board of License Commissioners based on the nature of the business, proximity to residences, and impact to neighborhood.
For purposes of this chapter, each separate sale shall be deemed a separate offense. In the event of sale of several items or articles at one time to one customer, only one sale shall be deemed to have taken place. In case of continuing violation, every calendar day upon which a store shall remain open shall be deemed a separate offense.