2019-Annual Town Report - Laserfiche WebLink

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"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, 2021. Any stock remaining after that date shall be accepted for disposal free of charge, through June 30, 2021, 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-town supplier. 3. Polystyrene foam freezer chests. § 126-12. Enforcement Any enforcing person shall have the right to enter any Food 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 ],Article 111, §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 Each day, or portion thereof, during which a violation of this Chapter occurs shall constitute a separate offense hereunder. 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. §126-13. Severability If any provision of this Bylaw shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Bylaw, which shall remain in full force and effect. Submitted by the Board of Selectmen Explanation: This article seeks to protect the health of its citizens and the unique natural beauty and irreplaceable natural resources of the Town of Mashpee, and given that inexpensive, safe alternatives to polystyrene are easily obtained, by phasing out the use of certain polystyrene plastics in the near future. The Board of Selectmen recommends approval of Article 5 by a vote of 4-0 The Finance Committee recommends approval of Article 5 by a vote of 5-1 MOTION BE MADE BY SELECTMAN WEEDEN: Motion: I move the Town vote to approve Article 5 as printed in the warrant with the following Bylaw text modifications: In §126-11. Use Regulations, substitute "July 31, 2021" for "June 30, 2021" and with the exception of the phrase, "or take any other action relating thereto." Motion made and passes to dispense with reading of Article 5 at 7:16 pm Motion made to Indefinitely Postpone Article passes by hand count passes 132 to 98 at 7:42 pm