(C0036-20; amended as part of October 2021 update)
This article contains general business regulations that apply to business establishments operating in whole or in part within the limits of the city and business activities occurring in whole or in part within the limits of the city.
(C0036-20; amended as part of October 2021 update)
(a) 
Business Certificate Required.
In accordance with MGL c.110, §5 and these Revised Ordinances, any party operating a business in the city under any title other than the real name of the party conducting such business, except as exempted under MGL c.110, §6, shall apply to the city clerk for a business certificate.
(b) 
Zoning Restrictions.
The location of various types of business establishments may be restricted by the city’s zoning ordinance. See Appendix A of these Revised Ordinances for full details.
(c) 
Home Occupations.
Home occupations are allowed in the city but require a permit issued by the city clerk and conformance with all provisions of such permit.
(C0036-20; amended as part of October 2021 update; amended 12-27-2021 by Ord. No. C0047-21)
For the purposes of controlling noise, promoting the public peace, protecting public safety and nighttime tranquility, operating hours restrictions may be placed on business establishments operating in the city and other business activities occurring in the city.
(a) 
Business Establishments.
(1) 
The licensing commission shall determine the allowable operating hours for any business establishment in the city that requires a common victualer license in order to operate.
(2) 
The hours of operations of the following types of business establishments shall be restricted as follows:
a. 
Retail or wholesale stores, factories, manufacturing plants or any other business establishments that service the general public shall not conduct business between the hours of 11:00 p.m. and 6:00 a.m.
b. 
Business establishments that provide aesthetic, barbering, cosmetology, electrolysis, hairdressing or manicuring services shall not conduct business between the hours of 9:00 p.m. and 7:00 a.m.
c. 
Exceptions to these restrictions may be made by obtaining, from the city council, a license to operate during restricted business days and/or hours.
(b) 
Business Activities.
(1) 
No person shall fill any dumpster during hours restricted for such activities by Section 16-75.
(2) 
No dumpster contractor shall place, remove or empty a dumpster during hours restricted for such activities by Section 16-83.
(3) 
No person shall deliver merchandise to or remove merchandise from any business establishment in the city between the hours of 10:00 p.m. and 7:00 a.m., except in emergencies.
(4) 
The delivery of milk and bread products to stores is allowable between the hours of 10:00 p.m. to 12:00 a.m. with the written permission of the police chief.
a. 
Permission for such deliveries between said hours may be granted by the police chief upon request of the business establishment.
b. 
The police chief shall not grant permission for such deliveries if, in his judgment, a nuisance would be created.
c. 
The police chief shall withdraw permission for such deliveries if, in his judgment, a nuisance has been created by such deliveries.
d. 
The police chief shall consider withdrawing permission for such deliveries if requested to do so by the city council.
(5) 
New and used vehicles to be sold at a motor vehicle dealer shall only be off-loaded between the hours of 9:00 a.m. to 9:00 p.m., Monday through Saturday, without the written permission of the police chief.
a. 
The police chief may grant permission to off-load such vehicles in the prohibited hours and days in the event of an emergency.
b. 
After 3 such emergencies at the same motor vehicle dealer, the police chief shall notify the city council’s committee on community and business development.
(6) 
The erection, excavation, demolition, alteration or repair of any building attended by loud or unusual noise including, but not limited to, the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, backhoe, caterpillar, or other similar equipment, shall not take place between the hours of 9:00 p.m. and 7:00 a.m. unless first authorized in writing as follows:
a. 
In the event of an emergency that impacts public safety, by the police chief;
b. 
In all nonemergency cases where the overnight work requested shall not exceed 3 consecutive evenings, by the police chief; or
c. 
In all nonemergency cases where the overnight work requested shall exceed 3 consecutive evenings, or if said requests for overnight work, on the same project/property site, shall exceed 4 separate requests in the same calendar year, by approval of the city council or its designee.
(C0036-20; amended as part of October 2021 update)
(a) 
No person shall sell, exchange or distribute cigarette lighters and/or matches to a minor.
(b) 
For the purposes of this section, the following words shall have the meanings respectively ascribed to them by this section:
(1) 
“Minor” means any individual who is under the age of 18.
(2) 
“Person” means a person, employer, employee, retail store manager or owner, or the owner or operator of any establishment engaged in the sale, exchange, or distribution of cigarette lighters and matches.
(c) 
A person selling, exchanging or distributing cigarette lighters and/or matches shall request and examine proper identification from any purchaser suspected of being a minor, and shall positively establish the purchaser’s age as 18 years or older before allowing the purchase and/or distribution.
(d) 
The following shall constitute proper identification:
(1) 
A valid Massachusetts driver’s license;
(2) 
A certified birth certificate along with a picture identification card; or
(3) 
Two other similar forms of identification, 1 of which shall be a picture identification card.
(e) 
Any person violating any of the provisions of this section shall be subject to a fine of one hundred dollars ($100.00) for the first offense; and, for the second offense, a fine of two hundred dollars ($200.00); and, for the third offense, a fine of three hundred dollars ($300.00).
(C0036-20; amended as part of October 2021 update)
The operation of any marijuana establishment, as defined in MGL c.94G, §1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, within the city is prohibited. This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.
(C0036-20; amended as part of October 2021 update)
(a) 
The following acts or conduct in or on premises licensed in accordance with MGL c.140, §181 or 183A are deemed contrary to the public need and to the common good. Therefore, no license shall be held for the sale of alcoholic beverages to be served and consumed on the licensed premises where such acts or conduct are permitted:
(1) 
It is forbidden to employ or permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks, or genitals.
(2) 
It is forbidden to employ or permit any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in subsection (a)(1) of this section.
(3) 
It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress, or fondle the breasts, buttocks, or genitals of any other person.
(4) 
It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulate the breasts, buttocks, pubic hair, or genitals or any portions thereof.
(5) 
It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts, or to simulate the act or acts, of:
a. 
Sexual intercourse, masturbation, sodomy, flagellation, or any sexual acts prohibited by law; or
b. 
Touching, caressing, or fondling of the breasts, buttocks, or genitals of another.
(6) 
It is forbidden to employ or permit any person in or on the licensed premises to show motion picture films, television type cassettes, still pictures, or other photographic reproductions depicting any of the acts, or any simulation of any of the acts, prohibited in subsection (a) of this section.
(b) 
Notwithstanding any of the provisions of this section, no person duly licensed by the licensing board for the city under MGL c.140, §181 or 183A, or MGL c.138, §1, 12, or 23 shall employ, use the services of, or permit upon his licensed premises any employee, entertainer, or other person who by his or her attire or conduct violates any general laws, special act, or ordinance of the city.
(c) 
Any person violating any of the provisions of this section shall, upon conviction, be punished in accordance with Section 1-8.
(C0036-20; amended as part of October 2021 update)
(a) 
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1) 
“Descriptions or depictions of illicit sex or sexual immorality” shall mean:
a. 
Human genitals in a state of sexual stimulation or arousal;
b. 
Acts of human masturbation, sexual intercourse or sodomy; or
c. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) 
“Knowingly” shall mean having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection that would disclose the content and character of the same.
(3) 
“Nude or partially denuded figures” shall mean:
a. 
Less than completely and opaquely covered human genitals, pubic regions, buttock, and female breast below a point immediately above the top of the areola; or
b. 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(b) 
Every person who willfully or knowingly exhibits pornographic materials prominently at a newsstand or any other business establishment open, generally or by invitation, to members of the general public, including persons under the age of 18 years, shall be punished by a fine not exceeding fifty dollars ($50.00) for each offense and to a like fine for each day’s continuance of such violation.
(c) 
Every person who willfully or knowingly engages in or intends to engage in the business of selling, lending, giving away, showing, advertising for sale or distributing pornographic materials to any person under the age of 18 years shall be punished by a fine not exceeding fifty dollars ($50.00) for each offense.
(d) 
Pornographic materials shall include, but shall not be limited to, the following:
(1) 
Any pornographic motion picture;
(2) 
Any still picture or photograph of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain;
(3) 
Any book, pocket book, pamphlet or magazine the cover or content of which:
a. 
Exploits, is devoted to, or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which is obscene, lewd, lascivious, or indecent; or
b. 
Consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain.
(4) 
Any other article or instrument of indecent or immoral use.
(Added 12-13-2021 by Ord. No. C0365-21; amended 10-11-2022 by Ord. No. C0414-22)
(a) 
Definitions. The following words shall, unless the context clearly requires otherwise, have the following meanings:
CHECKOUT BAG
Means a carry-out bag provided by a retail establishment to a customer at the point of sale. Checkout bags shall not include:
(1) 
Bags, whether plastic or not, in which loose produce or bulk products are placed by the consumer to deliver such items to the point of sale or check out area of the retail establishment;
(2) 
Laundry or dry cleaner bags;
(3) 
Newspaper bags; or
(4) 
Bags used to contain or wrap frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture and/or prevent contamination.
DISPOSABLE PLASTIC SHOPPING BAG
Means any checkout bag made predominately of plastic derived from either petroleum, natural gas, or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale.
(1) 
The term "disposable plastic shopping bag" includes:
a. 
Degradable plastic bags; and
b. 
Biodegradable plastic bags that are not commercially compostable as well as commercially compostable plastic bags.
(2) 
The term "disposable plastic shopping bag" shall not include:
a. 
Reusable bags;
b. 
Produce bags; or
c. 
Product bags.
(3) 
As used in this definition, the term "produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.
RECYCLABLE PAPER BAG
Means a paper bag that is 100% recyclable and contains at least 40% post-consumer recycled content, and displays the words "Recyclable" and "made from 40% post-consumer recyclable content" in a visible manner on the outside of the bag.
RETAIL ESTABLISHMENT
Means any commercial enterprise, defined as the following: whether for or not for profit, including, but not limited to, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, and household goods stores.
REUSABLE BAG
Means a bag that is specifically designed and manufactured for multiple reuse and is either polyester, polypropylene, cotton or other durable material, and meets the following requirements:
(1) 
Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds; and
(2) 
Is machine washable or is made of a material that can be cleaned or disinfected 125 times.
(3) 
Has a thickness of greater than four mil.
(b) 
Prohibition of disposable plastic shopping bags. No retail establishment shall provide a disposable plastic shopping bag to any customer for the purpose of enabling the customer to carry away goods from the point of sale. Nothing in this section shall be read to preclude any establishment from making reusable bags available for sale to customers or utilizing recyclable paper bags at checkout.
(c) 
Penalties and enforcement.
(1) 
Each retail establishment shall comply with the ordinance.
(2) 
If it is determined that a violation has occurred, Inspectional Services shall issue a warning notice to the retail establishment for the initial violation.
(3) 
If an additional violation of this ordinance has occurred within one year after a warning notice has been issued for an initial violation, Inspectional Services shall issue a notice of violation and shall impose a penalty against the retail establishment.
(4) 
The penalty for each violation that occurs after the issuance of the warning notice shall be in accordance with Section 1-8 of these Revised Ordinances.
(d) 
Effective date. This ordinance shall take effect on January 1, 2023.