Section 3. Whoever on Sunday offers to view, sets up, establishes or maintains, or attempts to set up, establish or maintain, or promotes or assists in such attempt, or promotes, or aids, abets or participates in offering to view, setting up, establishing or maintaining, or acts as proprietor, manager or person in charge of, dancing or any game, sport, fair, exposition, play, entertainment or public diversion for which a charge in the form of the payment of money or other valuable consideration is made for the privilege of being present thereat or engaging therein, and for which a license has not been granted under the provisions of section two of chapter one hundred and twenty-eight A or as provided in section four, shall be punished by a fine of not more than two thousand dollars.
Notes of Decisions
Commonwealth v. Blackgammon's, Inc., 417 N.E.2d 377 (Mass. 1981).
· cites it 4× “(Union Station), with offering entertainment by means of a “juke box,” recorded music, and dancing for a fee, on Sunday, November 12,1978, without having a license therefor as required by G. L. c. 136, §§ 3 and 4; (2) No. 790384, charging Union Station with keeping a place for…”
Commonwealth v. Cadoret, 447 N.E.2d 685 (Mass. App. Ct. 1983).
· cites it 2× “138, § 2; operating an unlicensed Sunday dance on March 1, 8 and 15, in violation of G.L.c. 136, § 3; maintaining a nuisance on March 15, in violation of G.”
Town of Foxborough v. Bay State Harness Horse Racing & Breeding Ass'n, 366 N.E.2d 773 (Mass. App. Ct. 1977).
“or promotes” the various listed sports, games and entertainment, to which G. L. c. 136, § 3, 5 is applicable. The latter’s payment of a fee to *620 maintain a booth is immaterial to the requirement of an admission fee in § § 1, 2 and 4.”
Mosey Cafe, Inc. v. Mayor of Boston, 154 N.E.2d 591 (Mass. 1958).
“This view is confirmed by an examina *211 tian of G. L. c. 136, § 3, which imposes a fine for maintaining any public entertainment on the Lord’s day without a license under § 4, or under § 2 which is not here applicable.”
Foxborough v. Bay State Harness Horse Racing, 366 N.E.2d 773 (Mass. App. Ct. 1977).
“or promotes" the various listed sports, games and entertainment, to which G.L.c. 136, § 3, [5] is applicable. The latter's payment of a fee to *620 maintain a booth is immaterial to the requirement of an admission fee in §§ 1, 2 and 4.”
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