[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
This article is enacted for the purpose of providing regulation
of retail business operating hours to ensure that the operation of
such businesses does not interfere with the peace and tranquillity
in the Town.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
No retail business shall be kept open between the hours of 1:00
a.m. and 6:00 a.m. except as hereinafter provided.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
For the purposes of this article, a retail business is defined
as all sales outlets, stores, shops, or other places of business located
within the Town, which operate primarily to sell or convey goods,
foods, or goods which have been the subject matter of the rendering
of personal services thereon, directly to the ultimate consumer.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
(a)
Any retail business as may be approved by the Town Council may remain
open between the hours of 1:00 a.m. and 6:00 a.m. provided that a
license has been obtained from the Town Clerk.
(b)
Any business which has been issued such a license may remain open
for business for 24 hours per day subject to the laws relating to
the operation of a business on Sunday and holidays and subject further
to any general law or other ordinance which may relate to a specific
business or profession.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
Any store or other place of business which has been issued a
valid victualling house license shall be allowed to remain open for
business until 2:00 a.m. subject, however, to any restrictions relating
to hours of operation which may be imposed on the holder of any liquor
license.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996; Ord. No. 99-4, § 1, 4-21-1999]
(a)
A public hearing shall be heard on any application for an extended
hours license before the Town Council where such applicant shall show
public convenience and/or necessity, and after having given notice
by publication once a week, for three consecutive weeks, in a newspaper
of general circulation in the Town. All costs related to publication
shall be borne by the applicant.
(b)
The applicant at their expense, shall prepare and submit to the Town
Clerk's office a radius map listing, by name, all property owners
within 200 feet of the property line of the proposed licensed establishment.
Listed property owners shall be notified by certified mail at least
14 days prior to the public hearing.
(c)
The Town Clerk's office shall prepare the mailing with the applicant
paying for postage expense as well as costs related to publication.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
The annual application fee for permission to operate a business
for extended hours shall be $50 per year payable to the Town on or
before the issuance or renewal of such license. A license issued hereunder
will expire annually on November 30 and be subject to renewal annually
on December 1.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
Any person or business who operates any store or business referred
to in this article between the hours of 1:00 a.m. and 6:00 a.m. without
a valid extended hours license shall be so notified by the Town Clerk's
office, by certified mail and beginning with the first day following
notification be fined $250 for the first offense and $500 for the
second and each subsequent offense. For purposes of this article,
each day shall constitute a separate offense.
Any person or business who receives a notice of violation from
the Town Clerk shall be entitled to appeal before the Town Council
at its next regularly scheduled meeting.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
The Town Council may, for good cause shown, suspend or revoke
any license but only after reasonable notice and opportunity to be
heard shall be given to any licensee.
[Ord. No. 95-8, § 1, 4-19-1995; Ord. No. 96-11, § 1, 4-17-1996]
The Town Council may establish rules and regulations governing
the operation of businesses who have an extended hours license in
order to ensure that the public peace and tranquillity is preserved.
[Ord. No. 96-24, § 1, 10-21-1996; Ord. No. 07-01, § 1, 1-17-2007]
No retail establishment or person conducting retail sales shall
be open on a holiday, as defined in G.L. 1956 § 5-23-1,
without first obtaining a holiday license from the Town Council. The
fee for said holiday license shall be $100 provided that the Town
Council shall not charge a licensing fee to any charitable, benevolent,
educational, philanthropic, humane, patriotic, social service, civic,
fraternal, police, fire, labor or religious organization which is
not operated for profit.
