[HISTORY: Adopted by the Town of Barnstable 5-18-2006 by Order No. 2006-131. Amendments noted where applicable.]
For the purpose of controlling noise and promoting the public peace and to protect public safety and nighttime tranquility, no person or business entity conducting any retail business shall be open for business to the public between the hours of 1:00 a.m. and 3:00 a.m. without the prior approval of the Town Manager as provided herein. The term "retail business" shall include food service establishments.
Said approval may be granted by the Town Manager in the form of a permit issued after a public hearing, notice of which shall be published 14 days prior to said hearing. The Town Manager may issue such a permit if, after consideration of the effect the business may have on abutting residences and its impact on the community, as it relates to public safety, noise and traffic, he finds that it is unlikely that the operation of the business during the hours regulated by this chapter will itself cause a disturbance or will be an attraction for crowds which may cause a disturbance. The permit may be granted by the Town Manager upon conditions designed to advance the purposes of this chapter. The permit may be revoked at any time upon complaint by the Police Department, at a public hearing, notice of which shall be published 14 days prior to said hearing.
The penalty for violation of this chapter shall be a fine of $200 per day for each day said business is found to continue.
[Added 7-20-2006 by Order No. 2006-148]
On or before May 1, 2008, there will be a review of Chapter 115 for consideration of changing it or eliminating it.