08/05/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT#2* OCTOBER 211 2019 Annual Town Meeting Warrant "Retail Establishments" shall mean any commercial business facility that sells goods directly to consumers including but not limited to grocery stores, pharmacies, liquor stores, convenience stores, retail stores and vendors sell clothing,food, and personal items, dry cleaning services theaters and all other food services establishments. "Public Venues" shall mean operations including but not limited to schools, meeting halls, churches, Town offices, the Senior Center, Recreation Department facilities, and the Library. §126-11. Use Regulations Polystyrene disposable food service containers, cutlery, and new::polystyrene packing peanuts shall not be used or sold by food establishments and/or retail establishments within the Town of Mashpee on or after July 1, 2020. Any stock remaining after that date`shall be accepted for disposal free of charge, through July 1., 2020, at the Mashpee Transfer Station/Recycling Center. This Bylaw shall not apply to: 1. Polystyrene packing peanuts and foam packaging reused from shipments coming to Mashpee. 2. Prepackaged meat and produce trays, egg .cartons, and. other food or beverage products bought from a wholesaler or an.out-of-own supplier.. 3. Polystyrene foam freezer chests. §126-12. Enforcement Any enforcing person shall have the right to..enter any..establishment during regular business hours, without a search or inspection`warrant, to make reasonable..inspection to ascertain whether there is ............... compliance with the provisions of this Chapter, This article may be enforced by any Town police officer or agents of the Board.of Health. This article.may be enforced though any lawful means in law or in equity, including, but not limited to noncriminal. disposition pursuant to MGL. c. 40, §21D and General By-laws, Chapter 1,Article ill,§1-3.' Any establishment which violates any provision of this bylaw shall be subject to the following penalties: First Offense: $100 fine Second offense: $200 fine Third and Subsequent Offenses: $300 fine for each offense Offenses occurring within two years of the date of first reported offense will be considered as subsequent offenses. Each day, or portion thereof, during which a violation of this Chapter occurs shall constitute a separate offense hereunder. *This paragraph is to be edited* The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 590.15,may suspend or revoke the food service permit for any establishment failing to comply with this Bylaw. 10