[Adopted as Art. VII, § 30, of the 1988 General
Bylaws]
[Amended 3-16-2000]
No person shall sell at retail between the hours of 11:00 p.m.
and 6:00 a.m. any food. The term "food" as used in this section shall
include any article or commodity, however stored or packaged, intended
for human consumption, and shall include alcoholic beverages to be
consumed off the premises at which they are sold, unless any other
law or permit or license granted to the seller of such beverages shall
otherwise provide. This section shall not apply to the sale of food
or alcoholic beverages to be consumed on the premises on which they
are sold when such sale is by a licensed common victualer primarily
engaged in the sale of food to be consumed on such premises. Persons
found guilty of violating this section shall pay a fine of $50. For
purpose of this section 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.
[Amended 3-16-2000]
No store or place of business engaged in the retail sale of food shall be open for the transaction of retail business between the hours of 11:00 p.m. and 6:00 a.m. This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises at which they are sold or to be consumed off the premises on which they are sold when such sale is by a licensed common victualer primarily engaged in the sale of food to be consumed on such premises. This section shall not be deemed to repeal or replace § 89-1 of this article, and each section shall be deemed separately enforceable. Violators of this section shall be subject to a fine of $50 for each violation. In case of continuing violations every calendar day upon which a store shall remain open shall be deemed a separate offense.
No store or place of business shall accept delivery of any item
for sale between the hours of 11:00 p.m. and 7:00 a.m. This section
shall not apply to the sale of food or alcoholic beverages to be consumed
on the premises at which they are sold or to be consumed off the premises
at which they are sold when such sale is by a licensed common victualer
primarily engaged in the sale of food to be consumed on such premises.
Violators of this section shall be subject to a fine of $50 for each
violation. For purposes of this section each separate delivery shall
be deemed a separate offense. In the event of delivery of several
items or articles at one time by one deliverer, only one delivery
shall be deemed to have taken place.
[Amended 7-17-2000; 4-30-2018 ATM by Art. 18]
No person shall operate heavy construction equipment between
the hours of 11:00 p.m. and 7:00 a.m. This provision shall not apply
to the operation of snow removal by the Town or private contractor
or to the operation of equipment by the Town, any utility company
or private contractor operating for the protection of the public health
or the public safety or the operation of trash removal vehicles pursuant
to MGL c. 111, § 31A, in business, commercial and industrial
zones.
An adjudication that § 89-1, 89-2 or 89-3 of this article or any part of this article is unconstitutional or invalid shall not operate to affect the constitutionality or validity of the other sections or any part thereof which can be given effect without the provision deemed unconstitutional or invalid.
