[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 10-19-2010, approved 2-7-2011 (§ 61.4 of the 2011 General By-Laws). Amendments noted where applicable.]
For the purpose of controlling noise and ensuring public order and safety, no business entity, whether individual, partnership or corporation, for which a substantial portion of its revenue stems from the sale of retail commodities or goods, exclusive of food or fuel products, may operate between the hours of 12:00 a.m. and 4:00 a.m.
Notwithstanding, the Select Board, should it determine it to be in the interests of public safety, may waive the restrictions of this chapter for any drug store, pharmacy or apothecary that dispenses prescription medication and that seeks such a waiver. Further notwithstanding, a business entity shall be exempt from the restrictions of this chapter under the following circumstances:
The business entity submits an application along with a safety plan to the Select Board detailing the days, and the hours thereof, for which it seeks an exemption from this chapter, said application to be submitted at least 60 days prior to the earliest date for which an exemption is sought;
The Select Board requests that the Chief of Police, or his designee, conduct a public safety review, ill which past and predicted customer volume and traffic would be utilized in order to determine the appropriate number of police officers that would need to be detailed to the business entity in order to ensure public safety and order during the time period that is stipulated in the application, said public safety review to be completed at least 45 days prior to the earliest date for which an exemption is sought;
The Select Board, at least 30 days prior to the earliest date for which an exemption is sought, provides the business entity with the cost of providing the necessary police detail(s) for the time period that is stipulated in the application; and
The business entity pays to the Town the entire cost of the assigned police detail(s) at least 15 days prior to the earliest date for which an exemption is sought.
Each minute of operation in violation of this By-Law shall be considered a separate offense.
Violations of this By-Law shall be punishable by a tiered schedule of fines as follows: $100 per violation for the first 30 violations during any given day; $200 per violation for the 30th through 60th violations during any given day; $300 per violation for any violation after the 60th violation during any given day.