[1982 Code, Ch. VIII, § 27(3)]
For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
FOOD
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 or permit or license granted to the seller of the beverages shall
otherwise provide.
[1982 Code, Ch. VIII, § 27(1-2)]
(A) No person shall sell any food at retail between the hours of 1:00
a.m. and 5:00 a.m.
(B) No store or place of business engaged in the retail sale of food
shall be open for transaction of retail business between the hours
of 1:00 a.m. and 5:00 a.m.
[1982 Code, Ch. VIII, § 27(4)]
This chapter shall not apply to the sale of food or alcoholic
beverages when the sale is by a common victualer or innholder licensed
under Mass. Gen. Laws Ch. 140, primarily engaged in the sale of food
to be consumed on the premises where sold.
[1982 Code, Ch. VIII, § 27(6); amended 7-19-2012]
In cases where in their opinion, the public good requires it,
the Licensing Board may issue a special permit allowing a store to
remain open for the transaction of business to an hour, specified
in the permit, later than 1:00 a.m., or to remain open 24 hours a
day. Special permits shall remain in effect for a period of one year.
Application for special permits shall be made on forms supplied by
the Licensing Board. The fee for this license shall be $100.
[1982 Code, Ch. VIII, § 27(5)]
Anyone violating any provisions of this chapter shall be subject
to a fine of $50 for each violation. For purposes of this chapter,
every calendar day on which a store shall remain open past the appointed
hour shall be deemed a separate offense, and each separate sale of
food shall be deemed a separate offense. In the event of a sale of
several items at one time to one customer, only one sale shall be
deemed to have taken place.