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On and after September 1, 1969, no person shall in any year keep a shop for the barter, rental or sale of printed matter or motion picture film if such shop is not open to the public generally but only to one or more classes of the public excluding minors under 18 years of age unless in such year or in the preceding December for such year such person has registered with the City Clerk as provided in Subsection 17-8.2 and the number assigned to him or her upon such registration is clearly and conspicuously imprinted on all printed matter and motion picture films in such shop; nor shall any person keeping a shop for the barter, rental or sale of printed matter or motion picture film in any year keep a part of his or her stock segregated as available only to one or more classes of the public excluding minors under 18 years of age unless in such year or in the preceding December for such year such person has registered with the City Clerk as provided in Subsection 17-8.2 and the number assigned to him or her upon such registration is clearly and conspicuously imprinted on all printed matter and motion picture films constituting a part of the stock so segregated; nor shall any person in any year at any place in the city, barter, rent or sell, or offer for barter, rental or sale, any printed matter or motion picture film bearing a legend restricting it to adults only or to one or more classes of the public excluding minors under 18 years of age unless in such year or in the preceding December for such year such person has registered with the City Clerk as provided in Subsection 17-5.2 and the number assigned to him or her upon such registration is clearly and conspicuously imprinted on such printed matter or motion picture film.
(Rev. Ord. 1961 (Sup. 1971) c. 28 § 23A; CBC 1975 Ord. T14 § 423; CBC 1985 17-8.1) Penalty, see Subsection 17-8.3
Editor’s note:
This Section and the following two were held unconstitutional in Broadway Distributors, Inc. v. White, 307 F. Supp. 1180 (D. Mass. 1970).
(A) Any person desiring that a registration number be assigned to him or her for the purpose of Subsection 17-8.1 shall make application therefor to the City Clerk in a writing setting forth:
(1) His or her name and place of residence;
(2) The address of such shop or place;
(3) The names and places of residence of all persons having a financial interest in the business; and
(4) The names and business addresses of all persons supplying the printed matter or motion picture film to be offered for barter, rental or sale.
(B) Any person making application as aforesaid shall, from time to time, during the year as circumstances change file supplementary writings with the City Clerk setting forth such changes. Unless, subsequent to the effective date of Subsection 17-8.1, the applicant has violated M.G.L. Chapter 272, Section 28 and been finally adjudged guilty of such violation, the City Clerk shall assign to the applicant a registration number.
(Rev. Ord. 1961 (Sup. 1971) c. 28 § 23B; CBC 1975 Ord. T14 § 424; CBC 1985 17-8.2) Penalty, see Subsection 17-8.3
Cross-reference:
M.G.L. Chapter 272, Section 28; See note above
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