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Section VI – REGULATED SALES

TOPIC: 
REGULATED SALES            
           

SUBJECT:                 AEROSOL SPRAY PAINT

KEY WORDS:           GRAFFITI      

CODE:
ORD VI-1

AGENCIES:

STATUTES: 

DATES:
07/25/95, 10/14/86

 

ELEMENTS:               It shall be unlawful to engage in the sale of containers of aerosol spray
paint to any individual under the age of 18 within the City of Lynn.


Ordinance requires sellers of spray paint to post sign at display and
cash register publishing the ordinance.

 

PENALTIES:
FINE – Not more than $100 per offense.

TOPIC: 
REGULATED SALES           

SUBJECT:                 COIN OPERATED AMUSEMENT MACHINES           

KEY WORDS:
ENTERTAINMENT, VIDEO GAMES         

CODE:

ORD VI-2

AGENCIES:              CITY COUNCIL LICENSE COMMITTEE, CITY CLERK

DATES:                     05/14/85, 03/09/82, 09/25/79, 02/22/77, 07/13/76,

04/22/75

 

ELEMENTS:
A license is required for automatic amusement devices, excluding music
machines issued by the City Clerk renewable yearly in May.
Devices are classified in three categories.


Class I   
Batting Machines


Class II   – Billiard,
Sippio, and Electronic Wall Games


Class III  – Electronic Video
Games, and other amusement devices not classified, excluding music machines.

                        
General – limit 2 machines

                        
Public Assembly Certificate – limit 4 machines

                        
Game Room – 4 – 10 machines

                        
Arcade – excess of 4 machines

 

All licensees are prohibited from
conditioning the playing of automatic amusement devices. 

Permitting gambling is
prohibited. 

Must be in open view with
owner’s name, address and phone number in clear view.

Machines can not be operated by
persons under 16 years of age during school hours, 7:00 – 2:30.

No operation within 500 foot
radius of school while in session unless premises has a liquor license.

Illegal to have any multi-coined
operated machines for the purpose of advancing odds for the number of free games
or prizes.  $100 fine after
notification.

Sunday Entertainment Permits are
separate out of the Mayor’s Office.

 

PENALTIES:
FINE- $200 per offense after notification, confiscation, 30 day
suspension, revocation.

AUTHORITY:
Any machine which is in violation of this ordinance may be confiscated
from the premises by order of the License Committee of the City Council, by the
Vice-Squad or by any Police Officer during the performance of his normal duties.

TOPIC :
REGULATED SALES  

SUBJECT:                  CIGARETTE LIGHTERS, MATCHES

KEY WORDS:            MINORS

CODE:

ORD VI-3

AGENCIES:
HEALTH, FIRE DEPT

STATUTES: 

DATES:
05/12/98

 

ELEMENTS:               “No person shall sell, exchange or distribute cigarette lighters and /
or matches to a minor.”


Minor is a person under the age of 18.

Person is
a person, employee, retail store manager or owner or operator of any
establishment engaged in the sale, exchange, or distribution of cigarette
lighters and matches.


A person selling, exchanging or distributing cigarette lighters and / or
matches shall request and examine identification from any purchaser suspected of
being a minor, and shall positively establish the purchaser’s age as eighteen
(18) years or older before allowing the purchase and / or distribution.


Positive ID includes:  Mass.
driver’s license, birth certificate with picture ID, two other similar forms
of identification with one being a picture ID.

 

PENALTIES:
FINE – Not less than $100 for first offense,.


   Not less than $200 for
second offense.


   Not less than $300 for third
offense.

 

ENFORCEMENT:     Health and Fire Depts. shall be the enforcing authority of this
ordinance.

TOPIC:
REGULATED SALES 

SUBJECT:  
HOURS OF OPERATION

KEY WORDS:            RETAIL, FAST FOOD,
SUBSHOP, ROAST BEEF,

SANDWICH

CODE:

ORD VI-4

AGENCIES:               CITY COUNCIL

STATUTES: 
C. 138

DATES:
03/08/94, 11/10/92, 03/06/84, 06/08/75

 

ELEMENTS:               Ordinance restricting sale of food from 24:00 to 05:00.


No store engaged in the retail sale of food will be open between 24:00
and 05:00.


No deliveries from retail food stores between 24:00 and 05:00


Does not include common victualler with liquor license regulated under C.
138, but does include other common victuallers whether consumption is on
premises or not.  Includes alcoholic
beverages to be consumed off premises.


City Council can grant 24-hour license.

 

PENALTIES:
FINE – $300 per sale, delivery or day depending on the

violation.

TOPIC: 
REGULATED SALES            
           

SUBJECT:                 GAS STATION

KEY WORDS:         
FREE AIR       

CODE:

ORD VI-5

AGENCIES:

STATUTES: 

DATES:
09/28/82

 

ELEMENTS:               All gasoline proprietors and service attendants in the City of Lynn shall
provide free air for tires of motor vehicles and bicycles.

 

PENALTIES:
FINE – $25

TOPIC:
REGULATED SALES 

SUBJECT:                  HOURS
OF OPERATION

KEY WORDS:            GAS
STATION, FILLING STATION, SELF-SERVICE,

FOOD

CODE:

ORD VI-6

AGENCIES:               CITY COUNCIL

STATUTES:               

DATES:
07/08/86

 

ELEMENTS:               “No person shall
operate any filling stations, self-service gas stations

and combination food and gas stations between the hours of 12:00

midnight and 5:00 a.m.” 
          


No deliveries of gasoline between 24:00 and 05:00

                                   
City Council can grant 24-hour license.

 

TOPIC:
REGULATED SALES

SUBJECT:  
SECOND HAND ARTICLES DEALER

KEY WORDS:            JUNK, PAWN

CODE:

ORD VI-7

AGENCIES:               POLICE, CITY COUNCIL

STATUTES: 

DATES:                      12/11/90, 08/12/80

 

ELEMENTS:             SECTION 1.  Requires license
from City Council for the purchase, sale or barter of junk, old metals,
second-hand articles, coins and stamps.


SECTION 2.  Gives authority
to the Police and City Council to inspect all articles of merchandise, and any
place, vehicle or receptacle used for the collection or keeping of junk, old
metals, second-hand articles, stamps or coins.

Requires sign to be posted in
conspicuous space stating name and occupation.

SECTION 3.
Requires sign on vehicle used for the occupation to name owner and
license number in at least 3-inch letters.

SECTION 4.
Requires record book written in English recording every receipt or
purchase, a description of the article purchased, the name, age and residence of
the person from whom purchased and the day and hour when such purchase was made.
Books open for inspection at any time by Police, City Council or their
designee.

SECTION 5.
Prohibits purchase and barter of articles from minors.
Prohibits sale of articles received for one week from receipt and
restrict hours of operation from 06:00 to 21:00.
Holds licensee accountable for employees.

SECTION 6.
Licenses expire May 1, City Council License Committee has power to revoke
after hearing.

SECTION 7.
License incorporates ordinance and requires licensee to abide by the
provisions.

SECTION 8.
Fee schedule.

SECTION 9.
Special license may be granted to residents for temporary sale up to ten
days, fee $10.

SECTION 10.
Every person keeping a shop for purchase, sale or barter of coins, stamps
gold or silver or second-hand articles, other than junk, books or furniture,
purchased or received by any such person, shall be sold or otherwise disposed
of, nor its form nor identity changed until at least 4 weeks from the date of
its purchase or receipt have lapsed, unless permission in writing obtained from
the Chief of Police or his designee, and who may request to observe and
photograph such coins, gold or silver, stamps or second-hand articles.
In addition to the requirements of Section 4 herein, every person so
licensed shall report all transactions under this Section to the Chief of Police
upon request.

PENALTIES:             FINE – $50 per day for any provision
violated after notice

from the City Council or the Police.

 

NOTE:
Sections 5 and 10 may be inconsistent in time property has to be held. 

TOPIC :
REGULATED SALES

SUBJECT:                  TOBACCO SALES TO MINORS

KEY WORDS:
           

CODE:

ORD VI-8

AGENCIES:
ORDINANCE COMMITTEE, CITY CLERK, HEALTH, PARKING DEPTS.

STATUTES: 
C. 270, S. 6, C. 40, S. 21D

DATES:
03/11/97, 05/27/97

ELEMENTS:             SECTION 1.  “No person
shall sell tobacco products or permit the same to be sold to a minor.”


SECTION 2.  Definitions.
Minor is a person under 18 years.


Tobacco products:  Cigarettes,
cigars, chewing tobacco, pipe tobacco, snuff or tobacco in any of its forms.


SECTION 3.  Prohibits sale of
tobacco unless three notices are posted.  One
by the main entrance and one at point of sale.
Notices can be obtained at the Health Dept. and will state
“Massachusetts State law prohibits the sale of tobacco products to any person
under the age of eighteen (18) years of age.
See M.G.L. c.276, s.6”


SECTION 4.  Requires sellers
to request and examine ID.  Mass
driver’s license, certified birth certificate with picture ID or two similar
forms of ID one being a picture ID.


SECTION 5.  Limits
advertising of tobacco products to private property only.


SECTION 6.  Prohibits sale of
tobacco products in other than original factory wrapped packages with the
printed warning.


SECTION 7.  Penalty.  Violation of Sections 1 and 6.
First Offense is a fine of not less than $100 and retraining.
Second Offense is a fine of not less than $200 and suspension of permit
to sell tobacco products for 7 days.  Third
Offense is a fine of not less than $300 and forfeiture of permit for 30 days.
Appeals through Board of Health.  City
Clerk or designee including Parking Dept. can act as fine collector.


SECTION 8.  Permits forfeited
for 30 days will be reinstated after 30 days if the vendor can establish that
its employees participated in a retraining program outlined by the Board of
Health, North Shore Tobacco Control Program or similar reputable program.
The City Council Ordinance Committee however will determine at its next
meeting if the vendor has complied and can suspend the permit until they do
comply.


SECTION 9.  Time periods for
Section 1 and 7.  Counting the
number of offenses starts at the first offense and continues for two years.
If no violation in two years after first offense, the next offense would
again be the first offense.  If a
second offense occurs within two years of the first offense, then it would be
the second offense and the third offense would be from a two-year period of the
second offense.


SECTION 10.  Failure to
request ID is a $50 fine for each offense and retraining.
Failure to post proper notice is a $50 fine.


SECTION 11.  Retraining
programs are determined by the Board of Health and will include any and all
possible health effects of tobacco use.


SECTION 12.  Public
Education.  Board of Health to have
continuing education to explain and clarify the ordinance to vendors and
citizens affected by it.  Must
respond to vendor requests for assistance in training and retraining.


SECTION 13.  Board of Health
to complete three compliance checks per year and notify vendor.
Require vendors to complete and initialize checklist for permits and
renewals


SECTION 14.  Checklist for
permit application.


SECTION 15.  Non-criminal
disposition under C. 40 S. 21D, or criminal complaint filed at appropriate
venue.

PENALTIES:              Violation 1 and 6.  FINE

                        
1st Offense –  Not
less than $100 and retraining.

                        
2nd Offense – Not less than $200 and 7 day suspension.

                        
3rd Offense – Not less than $300 and 30 day

suspension.

                        
Failure to check ID –  $50
and retraining.

                        
Failure to post notice – $50.

 

TOPIC :
REGULATED SALES

SUBJECT:  
TOBACCO SALES

KEY WORDS:            OUT OF PACKAGE SALES

CODE:

ORD VI-9

AGENCIES:
HEALTH DEPT.

STATUTES: 
C. 31, S. 111

DATES:
07/12/96

 

ELEMENTS:               “It is unlawful to remove and commercially sell single cigarettes from
the manufacturer’s package which states the federally required health
warnings.  Commercial sale and / or
distribution or tobacco products in any other form other than original
factory-wrapped package is prohibited.”

 

PENALTIES:
FINE

                        
1st  Offense – $50

                        
2nd Offense – $100

                        
3rd Offense – Revocation of permit to sell

tobacco products.

TOPIC:
REGULATED SALES

SUBJECT:                  TOBACCO

KEY WORDS:            VENDING MACHINE, MINOR

CODE:

ORD VI-10

AGENCIES:
POLICE, HEALTH, BUILDING DEPTS

STATUTES: 
C. 40, S. 21D

DATES:
05/23/95

 

ELEMENTS:  
Sales of tobacco through vending machines is prohibited unless:


The vending machine is located with the immediate vicinity, plain view
and control or a responsible employee, so that purchases are observable and
controllable as if the tobacco products were sold over the counter; and must be
inaccessible to the public when the establishment is closed;


The vending machine is equipped with a lockout device approved by the
Health Commissioner.  Said device
shall lockout sales from vending machines unless any employee releases the
locking mechanism.  The release
mechanism must not allow continuous operation of the vending machine and must
not be accessible to customers.  Vending
machines shall be posted with a sign stating that the mechanism is equipped with
a lock-out device and identifying the person(s) to contact to purchase tobacco
products form the machine; and


All tobacco products vending machines must display a conspicuous sign
stating that it is illegal for minors to purchase cigarettes; unless the use of
the premises is restricted to persons over the age of eighteen.

 

PENALTIES:               FINE – $100 for first offense, $200 for second offense, $300 for
subsequent offense

                        
Non criminal disposition under C. 40, S. 21D

ENFORCEMENT:     POLICE, HEALTH AND BUILDING INSPECTORS

TOPIC:
REGULATED SALES

SUBJECT:                  SALE OF FOOD FROM M/V’S

KEY WORDS:            FOOD VENDING, ICE CREAM, TRUCK

CODE:

ORD VI-11

AGENCIES:

STATUTES: 

DATES:
02/14/95, 06/25/91, 04/23/91, 04/08/75, 11/12/74

 

ELEMENTS:               Unlawful for operator of motor vehicle to stop for the purpose of selling
food or other merchandise from the motor vehicle 1,000 feet from any school from
07:00 to 15:00 while school is in session.


Unlawful to advertise by loudspeaker, bell or other audible signal as
above.


Requires “STOP” and “PROCEED WITH CAUTION” signs on the arm of
the vehicle, with two flashing green lights.
Two flashing green lights on front of vehicle.
Two flashing green lights on rear of vehicle.
Lights operating while legally parked engaged in business.


Other motorists must come to a stop at least 10 feet away, and then
proceed with caution while vehicle is displaying sign.


Operator can only sell if legally parked and from the curbside.


Hours of operation 05:00 to one hour after sunset.


No music played after 21:00 or before 10:00 on Sunday.

 

PENALTIES:
Not defined

 

NOTE:             
Hours of operation are inconsistent.

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