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(A) Any person or corporate entity selling tobacco to any person under age 18 shall be punished by a fine of not less than $100 for the first offense, not less than $200 for the second offense and not less than $300 for any third and subsequent offense.
(B) Any person or corporate entity selling tobacco to any person under age 18 three times within 12 months shall be cause, after public hearing, for the suspension of the license to sell tobacco. All tobacco must be removed from the premises when said license is suspended. Licenses suspended cannot be reinstated for one calendar year following the date of removal.
(CBC 1985 16-36.3; Ord. 1993 c. 9)
(A) No person shall in or on any fire lane, public way, sidewalk or other public land, nor on any land used for retail purposes not having a main use and occupancy of repair and/or servicing of motor vehicles (other than upon land leased by such person), install or remove any motor vehicle part or accessory or make any repair or servicing of a motor vehicle, nor put, place or suffer to remain on such land, any motor vehicle part, any fluid other than water used or intended for use in a motor vehicle, or any container or packaging for or from such part or fluid; provided that minor repairs of equipment required by law or essential to the operation of the vehicle not involving the draining of fluid nor the removal or installation of moving parts (other than a tire on a rim), shall not be deemed a violation hereof.
(B) No owner, lessee or person in charge of property used for retail purposes not having a main use and occupancy of repair and/or servicing of motor vehicles shall permit, allow or suffer any person to violate this Section thereon. Maintenance or repair of vehicles owned or leased by persons lawfully residing on the property, or owned or leased by, and used in connection with, a trade or business lawfully conducted on the property, shall not be deemed a violation hereof.
(CBC 1985 16-37.1; Ord. 1996 c. 2; Ord. 1996 c. 11) Penalty, see Subsection 16-37.2
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFICATE HOLDER. The holder of a Certificate of Compliance issued by the Commissioner in accordance with the provisions of this Section.
CERTIFICATE OF COMPLIANCE. The certificate issued by the Commissioner on a yearly basis to the certificate holder upon successful completion of the application process each year.
COMMISSIONER. The Commissioner of Public Works of the city, or such person as said Commissioner may delegate.
CORRAL. A structure which allows for the appropriate placement of newsracks within designated high traffic areas.
NEWSRACK. Any type of unmanned device for the vending or free distribution of newspapers, periodicals or printed material of whatever nature located in or on a public way.
NEWSRACK STICKER. A sequentially numbered sticker issued by the Commissioner for placement on individual newsracks in accordance with the provisions of this Section.
OPERATOR. Any natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like who either own, operate or are otherwise in control of a newsrack located in or on a public way in the city.
PUBLIC WAY. Any public highway, private way laid out under authority of statute, way dedicated to public use or way under control of the Park Commissioner or other body having like power.
(CBC 1985 16-38.1; Ord. 2013 c. 4)
(A) Requirement. No person shall place, affix, erect, construct or maintain a newsrack in or on any part of a public way without first obtaining a yearly Certificate of Compliance from the Commissioner in accordance with the provisions of this Section. Only one annual Certificate of Compliance per operator shall be required.
(B) Application process. Each operator of newsracks who intends to place newsracks in any part of the public way must complete an application on a yearly basis via the means required by the Commissioner. Any person with fees owed to the city shall not be eligible to apply for a Certificate of Compliance until outstanding debts are paid.
(C) Application. The application shall describe in detail the location of each proposed newsrack, including the side of the street and/or corner at which each newsrack is planned to be placed and indicating the distance, in feet, of the newsrack from curbs, crosswalks, fire hydrants, street lights, trash receptacles, traffic signal equipment, bike racks and mail boxes within a 20-foot radius of the newsrack. The application must also certify that the placement of the newsrack is in compliance with the regulations of the commonwealth’s Architectural Access Board, 521 CMR, and will not reduce the clear space for the passage of pedestrians to less than 4 feet. The application shall also include:
(1) The name, address, telephone number and email address of the applicant who is the operator of the newsrack(s);
(2) The name, address, telephone number and email address of a natural person (if different from the applicant) who the city may notify and/or contact at any time concerning the operator/applicant’s newsrack(s). The Commissioner may use the email address to provide official notice to the person pursuant to this Section, including notices of violation and removal of newsracks;
(3) A certificate of insurance naming the city as an additional insured to indemnify the city and hold it harmless from any and all claims or judgments for personal injury, including death, or property damage and from costs and expenses to which the city may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of any of the applicant/operator’s newsrack(s). The amount of insurance coverage shall be at least $300,000 for operators with between one and 99 newsracks and at least $1,000,000 for operators with 100 or more newsracks;
(4) A signed statement holding the city harmless for any damage to the newsracks as the result of routine city maintenance, including, but not limited to, snow plowing and street cleaning, or as the result of reasonable enforcement of these provisions;
(5) A signed statement acknowledging the certificate holder’s agreement to pay a per-newsrack removal fee in the case for all boxes left on the street in the case of an emergency declared by the city; and
(6) A schedule for quarterly inspections by the operator of permitted newsracks condition and placement compliance.
(D) Issuance of Certificate of Compliance. Each year, within 30 days of the submission of a completed application, upon a finding that the applicant is in compliance with the provisions of the Section, the Commissioner shall issue a Certificate of Compliance. Included with the Certificate of Compliance shall be an appropriate number of sequentially numbered newsrack stickers. Each sticker shall be color-coded to indicate year of applicability and indicate the permitted location. Only those newsrack(s) that have been issued a newsrack sticker in conjunction with the issuance of a Certificate of Compliance shall be deemed approved. The Commissioner shall approve proposed locations subject to the conditions and restrictions set forth in Subsection 16-38.3(C) on a first come, first serve basis. No preference shall be given to operators who may have had newsracks in a particular location prior to the effective date of this Section. No publication shall be approved for more than one newsrack at any particular location. Certificates of Compliance are nontransferable, unless allowed by written permission of the Commissioner.
(E) Denial of Certificate of Compliance. If an application for a Certificate of Compliance is denied in whole or in part, the Commissioner shall state the specific reasons for denial. The Commissioner shall assist the applicant in determining reasonable alternative locations to those which were denied. Any applicant who has been denied a Certificate of Compliance may appeal such denial to the Public Improvement Commission (“PIC”) by submitting a written request for such a hearing to the Commissioner. Such hearing shall be heard at the next regularly scheduled hearing or within 30 days. The PIC shall issue a decision within ten days and any decision shall be subject to M.G.L. Chapter 30A.
(F) Fees for Certificate of Compliance. The nonrefundable application fee for each yearly Certificate of Compliance shall be $100 to cover the administrative costs of processing the application plus an annual nonrefundable fee of $25 per newsrack to cover the administrative costs of monitoring compliance with these provisions.
(G) Amending Certificate of Compliance. If, within the applicable year after the Commissioner has issued a Certificate of Compliance, the certificate holder wishes to install additional newsracks, beyond those which have been approved under division (D) above, the certificate holder must submit an application to amend the Certificate of Compliance. Only the $25 per newsrack nonrefundable fee shall apply to such amendments.
(CBC 1985 16-38.2; Ord. 2013 c. 4)
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