Town of Groton, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting of the Town of Groton 6-1-1987 by Art. 3. Amendments noted where applicable.]

§ 175-1 Sale of food; violations and penalties.

A. 
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 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.

§ 175-2 Places of business engaged in selling of food; violations and penalties.

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 11:00 p.m. and 6:00 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.

§ 175-3 Sale of fuel.

No person shall sell at retail between the hours of 11:00 p.m. and 6:00 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.

§ 175-4 Operation of gasoline service station; violations and penalties.

A. 
No gasoline service station, as defined in § 175-3, shall be open between the hours of 11:00 p.m. and 6:00 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.

§ 175-5 Construal of provisions.

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.