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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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17-17.10   Implementation.
   The provisions of this Section regarding registration of businesses and armed security guards shall become effective within 180 days after passage; however, the provisions of Subsection 17-17.5 regarding licensure as special Police Officers for armed security guards shall become effective 30 days after the Police Commissioner promulgates regulations consistent with this Section.
(CBC 1985 17-17.10; Ord. 2010 c. 1)
17-17.11   Fines.
   Any person serving as a private armed security guard or watchman within the city without the registration required in Subsection 17-17.1 shall be fined in the amount of $300 for each week the Officer fails to obtain the proper registration. Any business which hires an armed security guard or watchman who has not registered as required in Subsection 17-17.1, or if such business fails to register the required information in accordance with Subsection 17-17.3 herein described, shall be fined in the amount of $300 for each week the business fails to register.
(CBC 1985 17-17.11; Ord. 2010 c. 1)
Editor’s note:
   Former Section 17-17, Registration of Bicycle Messenger Services and Licensing of Commercial Messengers, previously codified herein and containing portion of Ordinance 1991 c. 7 and was repealed in its entirety by Ordinance 1999 c. 4. This Section has been superceded by Chapter 302 of the Acts and Resolves of 1998, “An act providing for registration of bicycle messenger services and licensing of commercial messengers in the city”.
17-18   REGULATING THE PRACTICE OF BRINGING THEIR OWN ALCOHOLIC BEVERAGES ONTO THE PREMISES.
17-18.1   Bringing Own Alcoholic Beverages onto the Premises.
   (A)   The provisions of this Section apply to businesses that do not have a liquor license in the city and who hold a Common Victualler’s license, as authorized by M.G.L. Chapter 140, issued by the Boston Licensing Board.
   (B)   All common victualler’s licensees that choose to allow patrons to bring their own alcoholic beverages onto the premises, a practice known as “bring your own bottle” or “BYOB”, shall be subject to the regulations promulgated by the Licensing Board for the city.
   (C)   The Licensing Board for the city shall have the authority to enforce the provisions of this Section and shall promulgate regulations that will allow patrons to bring their own alcoholic beverages onto the premises. The Board shall file the regulations and any amendments thereof with the Office of the City Clerk. The Clerk shall include the regulations on the agenda of the next occurring meeting of the Boston City Council.
(CBC 1985 17-18.1; Ord. 2015 c. 12 § 1)
17-19   REGULATING ACOUSTIC LIVE ENTERTAINMENT.
17-19.1   Acoustic Live Entertainment.
   (A)   (1)   Any business located in the business districts of the city may hold acoustic performances within the perimeter of their business without obtaining a live entertainment license or change of occupancy provided they are compliant with the following requirements:
         (a)   The business is registered with the Office of the City Clerk and obtained a business license;
         (b)   There are no more than five acoustic performers and/or musicians at a single venue at one time;
         (c)   Performances are limited to the hours of 10:00 a.m. to 10:00 p.m.;
         (d)   There is no amplification of sound except for one microphone;
         (e)   No food or beverage service unless the business is a licensed food establishment or bar; and
         (f)   The business maintains handicap accessibility during performances.
      (2)   Businesses offering such acoustic performances as described herein remain subject to any other existing requirements such as statutes, including the requirements of M.G.L. Chapters 138 and 140 if applicable; as well as any other ordinances, codes, rules, regulations, licenses, certificates, permits and other applicable requirements.
   (B)   The Boston Police Department shall be authorized to issue violations and/or fines for any businesses found not in compliance with division (A) above.
(CBC 1985 17-19.1; Ord. 2016 c. 19; Ord. 2017 c. 8 § 1)
17-20   REDUCTION OF CHECKOUT BAGS BY RETAIL ESTABLISHMENTS.
17-20.1   Purpose.
   The purpose of this Section is to reduce the use of disposable checkout bags by retail establishments in the city, curb litter on the streets, protect marine environment, waterways, reduce greenhouse gas emissions and solid waste, and to promote the use of reusable bags by retail establishments located in the city.
(Ord. 2017 c. 9)
17-20.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHECKOUT BAG. A carryout bag with handles provided by a retail establishment to a customer at the point of sale. CHECKOUT BAGS shall not include:
      (1)   Bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of sale or check-out area of a retail establishment;
      (2)   Laundry or dry-cleaner bags;
      (3)   Newspaper bags; or
      (4)   Bags used to contain or wrap produce, frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.
   CHIEF. The Chief of Environment, Energy and Open Space, or his or her designee.
   COMPOSTABLE PLASTIC BAG. A plastic bag that:
      (1)   Conforms to the current ASTM D6400;
      (2)   Is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and
      (3)   Must be capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds and biomass at a rate consistent with known compostable materials.
   CITY. The City of Boston and its legal limits and all rights of access and easements in and licenses to use land areas outside of its legal limits as to which it has the right or obligation to maintain.
   RECYCLABLE PAPER BAG. A paper bag that is:
      (1)   One hundred percent recyclable;
      (2)   Contains at least 40% post-consumer recycled paper content; and
      (3)   Displays the words “recyclable” and “made from 40% post-consumer recycled content” (or other applicable amount) in a visible manner on the outside of the bag.
   RETAIL ESTABLISHMENT. Any person, corporation, partnership, business venture or vendor that sell or provide merchandise, goods or materials directly to a customer, whether for or not for profit, including, but not limited to, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores and household goods stores; however, the term RETAIL ESTABLISHMENT does not include bazaars or festivals operated by nonprofit organizations or religious institutions.
   REUSABLE BAG. A bag with handles that is specifically designed and manufactured for multiple reuse and is either polyester, polypropylene, cotton or other durable material, or durable plastic that is at least 3.0 mils in thickness.
(CBC 1985 17-20.2; Ord. 2017 c. 9)
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