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17-13.7   Prevention of Sexually Transmitted Diseases.
   (A)   Declaration of public health emergency. The spread of sexually transmitted diseases (“STDs”), including acquired immune deficiency syndrome (“AIDS”) and Human Immunodeficiency Virus (“HIV”) infection, has created a public health emergency. The spread of these diseases can be limited through the availability of affordable, high quality latex condoms in certain places of public accommodation. The lack of availability of condoms in these places of public accommodation constitutes a danger to public health and welfare.
   (B)   Requirement of vending machines which dispense condoms.
      (1)   In order to be granted an annual seven-day entertainment license from the Licensing Division of the Mayor’s Office of Consumer Affairs and Licensing, establishments which also hold a common victuallers seven-day all alcohol license must install and maintain coin-operated vending machines which dispense affordable, high quality latex condoms. Current holders of annual seven-day entertainment licenses from the Licensing Division of the Mayor’s Office of Consumer Affairs and Licensing which also hold a common victuallers seven-day all alcohol license must install and maintain coin-operated vending machines which dispense affordable, high quality latex condoms in order to continue to be licensed.
      (2)   The condom vending machines shall be located in a publicly accessible place, or in at least one male and one female restroom, and shall display a sticker prepared by the Commissioner of Health and Hospitals, which will provide telephone numbers for referral and information concerning STDs, including AIDS.
      (3)   For the purposes of this Subsection, a HIGH QUALITY LATEX CONDOM means a condom which is made of latex, a specific type of rubber product that has no pores, and which is tested and approved by the United States Food and Drug Administration.
   (C)   List of vending machine operators. The Licensing Division of the Mayor’s Office of Consumer Affairs and Licensing and the Commissioner of Health and Hospitals shall maintain a list of vending machine operators who agree to install and maintain the vending machines in continuous working order at no cost to the owners or lessees of the licensed premises.
   (D)   Exemptions.
      (1)   This Subsection shall not apply to any annual seven-day entertainment license holder whose establishment is not required to have a restroom.
      (2)   This Subsection shall not apply to any annual seven-day entertainment license holder whose establishment has a legal maximum occupancy of less than 100 persons.
      (3)   This Subsection shall not apply to any annual seven-day entertainment license which is held by a religious institution or an organization affiliated with a particular religion.
      (4)   This Subsection shall not apply to any annual seven-day entertainment license holder whose establishment is required to obtain the license solely due to the use of automatic amusement devices on the premises.
      (5)   This Subsection shall not apply to any annual seven-day entertainment license holder who demonstrates to the satisfaction of the Licensing Division of the Mayor’s Office of Consumer Affairs that, despite the holder’s good faith efforts, no vending machine operator is willing to install a condom vending machine on the licensed premises.
      (6)   This Subsection shall not apply to any annual seven-day entertainment license holder who demonstrates to the satisfaction of the Licensing Division of the Mayor’s Office of Consumer Affairs that high quality latex condoms and information concerning STDs, including AIDS, are readily available to patrons on the licensed premises.
   (E)   Annual report to the Boston City Council. The Licensing Division of the Mayor’s Office of Consumer Affairs and Licensing shall determine whether holders of annual seven-day entertainment licenses comply with this Subsection, and shall report its findings annually to the Boston City Council for any necessary action.
   (F)   Severability. The provisions of this Subsection are severable and if any provision shall be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction then such provision shall be considered separately and apart from the remaining provisions of this Subsection which shall remain in full force and effect.
(CBC 1985 17-13.7; Ord. 1992 c. 12 §§ 1-6) Penalty, see Subsection 16-32.1
17-14   TRANSIENT VENDORS.
17-14.1   Licenses for Vendors.
   Every transient vendor, whether principal or agent, authorized by commonwealth license to do business in this commonwealth, before making any sales of goods, wares and merchandise in the city, shall make application for a local license to the City Clerk, stating the names, residences and places of business of the owners or parties in whose interest said business is conducted, and shall at the same time file with the City Clerk a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him or her for sale. The City Clerk shall submit said statement to the Commissioner of Assessing who shall forthwith make an examination and valuation of such goods, wares and merchandise and transmit a certificate thereof to the City Clerk.
(Rev. Ord. 1961 (Sup. 1971) c. 28 § 19; CBC 1975 Ord. T14 § 418; CBC 1985 17-14.1) Penalty, see Subsection 17-14.5
Cross-reference:
   Ord. ss 2-10.1; Ord. ss 6-2.1
17-14.2   Issuance of Licenses; Bond to City.
   Upon the payment of the fee prescribed by Subsection 18-1.20(L), the City Clerk shall issue to the transient vendor a license authorizing the sale of such goods, wares and merchandise within the city. Such license shall remain in force so long as the licensee shall continuously keep and expose for sale in the city such stock of goods, wares and merchandise, but not later than January 1 following its date of issuance. Every transient vendor licensed under this Section shall also execute a bond to the city in the sum of $500 with two sufficient sureties, conditioned for faithful observance of this Section.
(St. 1933 c. 254 § 64; Ord.1956 c. 7 § 6; Rev. Ord. 1961 c. 28 § 20; CBC 1975 Ord. T14 § 419; CBC 1985 17-14.2) Penalty, see Subsection 17-14.5
17-14.3   Display of License.
   Every transient vendor who is granted a license under the provisions of this Section shall exhibit the same at all times, while in force, in some conspicuous part of the place of business for which it is issued.
(Rev. Ord. 1961 c. 28 § 21; CBC 1975 Ord. T14 § 420; CBC 1985 17-14.3) Penalty, see Subsection 17-14.5
17-14.4   Definition.
   The term TRANSIENT VENDOR for the purposes of this Section shall be the same as defined in M.G.L. Chapter 101, Sections 1 and 2 and acts in amendment thereof and addition thereto.
(Rev. Ord. 1961 c. 28 § 22; CBC 1975 Ord. T14 § 421; CBC 1985 17-14.4)
Cross-reference:
   M.G.L. Chapter 101, Sections 1 and 2
17-14.5   Penalties for Violation.
   Any person, association or corporation who shall engage in the business of a transient vendor, as herein defined, without having secured a license for that purpose as provided in this Section, or who neglects or refuses to file the statement described in Subsection 17-14.1, or who makes a false or fraudulent representation in said statement, or who, having secured such license, shall thereafter fail to pay the sum required herein, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of $20 for each day during which such goods, wares or merchandise are kept or exposed for sale.
(Rev. Ord. 1961 c. 28 § 23; CBC 1975 Ord. T14 § 422; CBC 1985 17-14.5)
17-15   TRANSPORTATION OF HAZARDOUS MATERIALS BY MOTOR VEHICLE; REGULATIONS.
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