[HISTORY: Adopted by the Town of Barnstable as indicated in article histories. Amendments noted where applicable.]
Article I Main Street in Hyannis and Osterville
Article II Licensing
[Adopted 3-5-1963, approved 5-6-1973 (Art. XVII of Ch. III of the General Ordinances as updated through 7-7-2003)]
[Amended 1978 Fall ATM; approved 2-6-1979]
Unless in a building, no business, professional or artistic enterprise shall be conducted within 25 feet of the side lines of Main Street, Hyannis and Main Street, Osterville. Notwithstanding the provisions of this article, the Town Manager may issue a special permit for such activity if in his opinion it would not be detrimental to the public interest or if in his opinion unusual hardship would otherwise be incurred.
[Added 5-18-1976; approved 9-13-1976]
Any such enterprise violating the provisions of this article shall be punished by a fine not to exceed $50 for each offense. Each day that such violation continues shall constitute a separate offense.
[Adopted 4-16-1992; amended 5-21-1992, 11-5-1992 (Art. LIII of Ch. III of the General Ordinances as updated through 7-7-2003)]
Unless in a building, no business, professional or artistic enterprise, shall be conducted without first having obtained an outdoor business license from the Town Manager.
The provisions of this article shall not apply to: amusements licensed under Chapter 140 of the General Laws; agricultural enterprises; sale of fruits and vegetables; flower and garden products and supplies when displayed out of doors but sold from a building on the property maintained primarily for that purpose; display of vehicles including rented or leased from a building on the property maintained primarily for that purpose; recreational activities; sporting events; building supplies where displayed out of doors but sold from a building on the property maintained primarily for that purpose; sale of newspapers and religious publications; licensed hunting and fishing activities; appropriately authorized activities on Town-owned property; construction and maintenance of buildings, property, roads, sidewalks, etc.; activities or a restaurant when properly licensed; transportation activities; fueling and refueling activities; licensed kennels and stables; communications activities; unauthorized activities of a properly licensed hawker or peddler; activities of public utilities; collection and disposal of waste; or the display of merchandise when displayed out of doors but sold from a building maintained primarily for this purpose.
No person shall be relieved or exempted from the provisions of this article by reason of associating himself temporarily with any local dealer, trader or merchant, or by lease of all or part of a parcel of land, or by conducting his business in connection with, or as part of, the business of, or in the name of, any local dealer, trader or merchant.
The fee for an outdoor business license shall be as set forth in Chapter 76, Fees, Article II, Schedule of Fees. The fee for an outdoor business license when issued after October 15 shall be as provided in Chapter 76, Fees, Article II, Schedule of Fees. Licenses issued under this article shall expire on December 31 annually. The Town Manager may, under such conditions as he may deem proper, grant to any organization engaged in charitable work, a special license authorizing it, for a particular time period not to exceed a total of four days, to be stated in the license, and for a charitable purpose stated in such license, to conduct under their control an outdoor business, professional, or artistic enterprise for a fee as set forth in Chapter 76, Fees, Article II, Schedule of Fees, provided that the applicant demonstrates a substantial benefit to the charity and to the Town. The Town Manager may issue a special license for charitable purposes authorizing the sale of Christmas trees for a period not to exceed 45 days.
The Town Manager may make regulations not inconsistent with the provisions of this article for clarifying the provisions of this article and to describe the methods, conditions, and form of application, and may place reasonable restrictions on any license granted under this article when, in his opinion, it is in the best interest of the Town of Barnstable to do so.
Whoever violates the provisions of this article shall be punished by a fine not to exceed $300. Any violation of this article enforced by the methods provided in § 21D of Chapter 40 of the General Laws shall be subject to a fine of $100. Each day that such violation continues shall constitute a separate offense.