[HISTORY: Adopted by the Town Meeting of the Town of Lee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-26-1971 STM by Art. 10 as Ch. 15 of the 1971 Code]
No person shall act as a hawker, peddler or transient vendor
within the Town until such person has first obtained a license from
the Board of Selectmen.
[Adopted 5-9-2013 ATM by Art. 50]
Pursuant to 520 CMR 15.00, the Massachusetts Department of Public
Safety requires each municipality to issue permits to persons engaging
in ice cream vending. For the purpose of this ordinance, the following
definitions shall apply:
Any frozen dairy or frozen water-based food product.
Any motor vehicle used for selling, displaying or offering
to sell ice cream.
The selling, displaying or offering to sell ice cream or
any other prepackaged food product from an ice cream truck.
Any person who owns, sells, displays, or offers to sell ice
cream from an ice cream truck or any person who drives or operates
such a vehicle.
No person shall engage in ice cream truck vending within the
Town of Lee unless the applicant has been issued a valid permit to
do so by the Chief of Police or his designee. Said permit shall only
be valid for use within the Town limits. A separate permit is required
for every person who engages in ice cream truck vending/operation.
All permits issued shall be conspicuously displayed and clearly
visible on the windshield dash of any ice cream truck operated or
from which ice cream or any prepackaged food product is sold.
Only the uniform application and permit form approved by the
Department of Public Safety shall be utilized. The permit shall include
a current color photograph of the applicant. encased in plastic. Permits
shall be numbered in order as granted and be encased in plastic.
In order to obtain an initial permit or to renew a permit, each
applicant shall submit the following to the permitting authority:
The Police Department shall collect an administrative fee in
the amount of $50 upon the issuance of each permit.
Both initial and renewal permits shall expire annually on January
1.
Upon receipt of the permit application or application for renewal,
the Chief of Police or his designee shall conduct an investigation
into the criminal history of a permit applicant to determine eligibility.
The investigation shall include performing a state and national criminal
history records check as authorized by MGL c. 6, § 172B
1/2. As part of this investigation, the Chief of Police or his designee
shall ensure that the identity of the applicant is true and accurate
and, in the case of a renewal, that the applicant is linked to the
original permit number.
The Chief of Police or his designee may deny issuance of a permit
or revoke a permit for just cause. Pursuant to 520 CMR 15.05, no permit
shall be issued to any person who is a sex offender, as defined by
MGL c. 6, § 178C. Upon denial of the issuance or the revocation
of a permit, an applicant shall have the right of appeal to the Board
of Selectmen. All such appeals must be made in writing and addressed
to the Board of Selectmen. Appeals will be heard at the next regularly
scheduled meeting of said Board. The decision of the Board shall be
final and binding. No such right of appeal shall attach for the denial
of a permit to an applicant who is a sex offender.
Whoever conducts themselves as an ice cream vender/operator
without a valid Town-issued permit or with an expired permit, or whoever
improperly displays a permit, shall be subject to a fine of no more
than $100 for the first offense, $200 for a second offense and $300
for a third or subsequent offense.
Every ice cream vender/operator shall comply with all state
motor vehicle laws, regulations specific to the operation of ice cream
trucks, city ordinances, health codes, as well as any zoning or Department
of Public Works regulations that may restrict or prohibit vending
in certain areas. Violation of any such law, regulation, ordinance
or health code shall be grounds for the revocation of the vendor's
permit.
