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.
This chapter shall not be construed to interfere with the discretion vested in the Licensing Authority created under §
241-25 of the Administrative Code and under Chapter
138 of the General Laws, with respect to the sale of alcoholic beverages.
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.