[HISTORY: Adopted by the Annual Town Meeting
of the Town of Westwood 5-2-2016 by Art. 20.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also superseded former Ch. 321,
Retail Stores, adopted 11-9-2015 ATM by Art. 17.
[Amended 5-1-2023 ATM by Art. 19]
For the purpose of controlling and abating noise and illuminations and to protect and promote the nighttime tranquility, no person shall sell at retail, including the sale of food, shall serve food or drink, shall be open for transaction of retail business, shall accept deliveries, or shall allow the removal of solid waste between the hours of 12:00 midnight and 6:00 a.m., except as expressly permitted pursuant to a one-day permit granted by the Select Board in accordance with § 321-2. Notwithstanding the foregoing, any restaurant, coffee shop, ice cream parlor, or fast order food establishment may serve food or drink and may be open for the transaction of business between the hours of 5:00 a.m. and 6:00 a.m., if specifically authorized to do so pursuant to the terms of a duly issued common victualler's license granted by the Select Board, but may not accept deliveries or allow the removal of solid waste between the hours of 12:00 midnight and 6:00 a.m. The term "food" as used by this bylaw shall include any article or commodity, however stored or packaged, intended for human consumption. Notwithstanding the foregoing, nothing contained within this Chapter 321 shall be deemed to prohibit or limit a retail business from conducting interior activities that are accessory to the operation of the retail business, such as cleaning, stocking, food preparation and other supporting operations between the hours of 12:00 midnight and 6:00 a.m., provided that (i) truck deliveries shall not occur during the hours of 12:00 midnight to 4:00 a.m.; (ii) during the hours of 4:00 a.m. to 6:00 a.m. truck deliveries shall be made solely to sealed loading docks, with no exterior loading or unloading permitted; and (iii) waste removal shall fully conform with the provisions of §§ 342-1 through 342-5.
The Board of Selectmen may, at the Board's sole discretion,
grant a one-day permit to allow a retail store to remain open for
the transaction of retail business between the hours of 12:00 midnight
and 6:00 a.m. as part of a special event. The terms and conditions
of said one-day permit shall be such as the Board of Selectmen determines
necessary to protect public health and safety. No retail store may
be granted a permit under this provision for more than 10 days in
any calendar year. The Board of Selectmen may adopt, and periodically
amend, regulations, rules and/or written guidance relating to the
terms, conditions, definitions, enforcement, fees, procedures and
administration of one-day permits.
