[HISTORY: Adopted by the Annual Town Meeting
of the Town of Groton 4-24-2017 by Art. 26.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 175,
Hours of Retail Sales, adopted by the Special Town Meeting of the
Town of Groton 6-1-1987 by Art. 3.
A.
No person shall sell at retail between the hours of 12:00 midnight
and 5:00 a.m. any food. The term "food," as used in this chapter,
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, permit or license granted to the seller of such beverages
shall otherwise provide.
B.
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 victualler primarily engaged in the sale of food to be consumed
on such premises.
C.
Persons found guilty of violating this section shall pay a fine of
$200. For purposes of this section, each separate sale shall be deemed
a separate offense. In the event of the sale of several items or articles
at one time to one customer, only one sale shall be deemed to have
taken place.
A.
No store or place of business engaged in the retail sale of food
shall be open for the transaction of business between the hours of
12:00 midnight and 5:00 a.m.
B.
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 victualler primarily engaged in the sale of food to be consumed
on such premises.
C.
Violators of this section shall be subject to a fine of $200 for
each violation. In case of continuing violation, every calendar day
upon which a store shall remain open shall be deemed a separate offense.
No person shall sell at retail between the hours of 12:00 midnight
and 5:00 a.m. any gasoline, oil, diesel fuel or other product used
in the operation of a gasoline service station. The term "gasoline
service station" shall mean a structure or lot used primarily for
the sale at retail of gasoline and oil for servicing motor vehicles.
A.
No gasoline service station, as defined in § 175-3, shall be open between the hours of 12:00 midnight and 5:00 a.m.
B.
Violations of this section shall be subject to a fine of $200 for
each violation. In the case of continuing violations, every calendar
day or portion thereof upon which a gasoline service station shall
remain open shall be deemed a separate offense.
Sections 175-3 and 175-4 shall be construed to constitute separate bylaw provisions enforceable independently of §§ 175-1 and 175-2 and of each other to the effect that if either one or the other is found to be unconstitutional or invalid, such finding shall not impair the constitutionality or validity of the remaining section.
