Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, there shall be established in the town of Brimfield a fund, to be known as the Brimfield Flea Market Fund, to which shall be credited all fees, proceeds and other receipts received by the town in conjunction with the operation of the Brimfield Flea Market. The fund may be expended by the Brimfield board of selectmen without further appropriation for the costs associated with the flea market including administrative, operating, maintenance and emergency services; provided, however, that town meeting shall annually impose a limit on expenditures from the fund and may provide that receipts remaining in the fund at the end of the fiscal year in excess of $10,000 be returned to the general fund; provided, further, that the board of selectmen may expend, in any fiscal year, an amount not exceeding the amount equivalent to 5 per cent of the amount raised by taxation by the town in the most recent fiscal year for which a tax rate has been certified under section 23 of chapter 59 of the General Laws. The fund established by this act shall not be considered a revolving fund under section 53E½ of chapter 44 of the General Laws or be included to determine the aggregate limit of all revolving funds authorized under said section 53E½ of said chapter 44.
SECTION 2. This act shall take effect upon its passage.
Approved, January 5, 2011.