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16-38.11   Initial Application Acceptance Date.
   The Commissioner shall send written notice to all operators affected by this Section informing them of the date when the Commissioner will accept the first applications for Certificates of Compliance. The Commissioner shall send said notice at least 30 days prior to the initial application acceptance date.
(CBC 1985 16-38.11; Ord. 2013 c. 4)
16-38.12   Effective Date.
   This Section shall take effect 90 days from the date of approval.
(CBC 1985 16-38.12; Ord. 2013 c. 4)
16-39   SALE OF DANGEROUS INSTRUMENTS.
16-39.1   Prohibition of Sale of Dangerous Instruments.
   (A)   No person shall sell, give or deliver to any person under 18 years of age (hereinafter referred to as “minor”) any of the following:
      (1)   Knife having a blade with a length of 2 inches or more;
      (2)   Ice pick or similar implement having a metal pointed shaft and handle; or
      (3)   Straight edged razor or razor blade fitted with a handle.
   (B)   Transient vendors, peddlers or hawkers, as defined in M.G.L. Chapter 101 (licensed or unlicensed) are prohibited from selling the above listed dangerous instruments in the city.
(CBC 1985 16-39.1; Ord. 1997 c. 9 § 1; Ord. 2001 c. 1) Penalty, see Subsection 16-39.2
16-39.2   Penalty.
   Any person found to be in violation of this Section shall be fined $300 per offense. Enforcement of this Section shall be by non-criminal disposition as provided by in M.G.L. Chapter 40, Section 21D or by the filing of a criminal complaint at the appropriate venue.
(CBC 1985 16-39.2; Ord. 1997 c. 9 § 2)
16-39.3   Exemption.
   The sale, gift, loan or delivery of any of the instruments detailed in Subsection 16-39.1 by a parent or an adult who is an immediate family member of the minor, to include siblings and grandparents, shall not be a violation of this Section.
(CBC 1985 16-39.3; Ord. 1997 c. 9 § 3)
16-39.4   Licensing Requirements for Stores Selling Certain Knives.
   (A)   Any store, except as provided in divisions (A)(1) and (A)(2) below, which sells knives having a fixed or locking blade of 2 inches or more but not cutlery, shall obtain a license from the Licensing Unit of the Boston Police Department, hereinafter referred to as the Licensing Unit. For purposes of this Section, the term CUTLERY shall mean utensils used as tableware or used for cutting and eating foods. The following stores shall have the following meanings for the purpose of this Section and are exempt from the licensing provisions of this Section.
      (1)   DEPARTMENT STORE. A large retail store offering a variety of merchandise and services organized into separate Departments and commonly part of a chain.
      (2)   HARDWARE STORE. A store in the business of selling metal goods and utensils, such as locks and tools.
   (B)   A convenience store, as defined herein, shall not be considered a department store as defined pursuant to division (A)(1) above. For purposes of this Section, a CONVENIENCE STORE shall mean a retail business with a primary emphasis placed on providing the public with a convenient location to quickly purchase a limited variety of consumable products. A convenience store shall be subject to the licensing provisions of this Section.
   (C)   The Licensing Unit shall issue a license only if the applicant’s license is not currently in a term of revocation or the applicant is not currently in violation of these Sections or any regulations with any violations left unremedied or any fines left unpaid. An applicant must be free from violations of the provisions of these Sections and Subsections for one year before application for a license. In determining suitability for a license, the Licensing Unit shall consider previous violations of city ordinances and if the applicant has previous violations of ordinances, the license shall be denied. A license issued under the provisions of this Section shall be renewed automatically as provided by the regulations promulgated by the Boston Police Department.
   (D)   Upon denial of a license the licensing unit shall notify the applicant in writing. The notice shall state the reasons for denial of the license and establish a date and time for a hearing. The hearing date shall be no earlier than seven days after the date of said notice. The applicant shall have the opportunity to be heard at such hearing and shall be notified of the licensing unit’s decision and reasons in writing.
   (E)   Stores licensed to sell knives under the provisions of this Section shall be prohibited from selling machetes and other knives as defined in M.G.L. Chapter 269, Section 12.
   (F)   The Licensing Unit shall promulgate rules and regulations relating to the licensing of the stores under the provisions of this Section. The Licensing Unit shall revoke a license issued pursuant to this Section for a violation of Subsection 16-39.1.
   (G)   Any fine imposed for violations of this Section shall be subject to the provisions of M.G.L. Chapter 40U and Section 16-55 relating to the collection of municipal fines.
   (H)   Any person violating the provisions of Subsection 16-39.4 shall be punished by a fine not exceeding $300.
(CBC 1985 16-39.4; Ord. 2011 c. 15; Ord. 2013 c. 2)
16-40   LIMITING TOBACCO ACCESS BY YOUTH.
16-40.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYEE. Any individual who performs services for an employer in return for wages or profit.
   EMPLOYER. Any individual, partnership, association, corporation, trust or other organized group of individuals, including the city or any Agency thereof, which regularly uses the services of two or more employees.
   INDIVIDUAL. Any employee, volunteer or any other person who patronizes an area where tobacco products are sold.
   RETAIL STORE. Any establishment selling goods or articles or personal services to the public.
   SELF SERVICE DISPLAY. (Also known as FREE-STANDING DISPLAY). A display from which individual packs or cartons of tobacco products may be selected by a customer.
   TOBACCO VENDING MACHINE. Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks, swipe cards, slips or any other form of payment.
(CBC 1985 16-40.1; Ord. 1997 c. 1 § I)
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