[Added 9-25-2012 by Ord. No. 2012-32]
The City Council finds that vending push carts offering pretzels,
hot dogs, sausages, lemonade, and ice cream provide an atmosphere
conducive for public enjoyment, leisure, and recreation. The City
Council also finds that regulation of vending push carts is necessary
to protect the public safety and welfare, as street vending can pose
particular hazards to pedestrians and impact vehicular traffic on
public rights-of-way. The City Council further finds that food vending
requires special regulation to protect the public health and limit
the potential for unlicensed service of food to the public.
As used in this article, the following terms shall have the
meanings indicated:
The City of Fall River.
The Division of Engineering.
The Clerk of the City of Fall River or her designee.
An individual, corporation, partnership, or other business
organization or entity.
Any wagon, cart, or similar wheeled container, but not a
vehicle, from which food is offered for sale to the public.
No person shall sell, offer for sale, or provide any food or
beverage from a push cart without first obtaining a food vending permit
from the permitting authority; nor shall any person employ, direct,
or otherwise cause any other person to sell, offer for sale, or provide
any food or beverage from a push cart without first obtaining a food
vending permit from the permitting authority.
A.
An applicant for a food vending push cart permit shall file with
the permitting authority a written application containing:
(1)
The name, address, and telephone number of the applicant;
(2)
The name, address, and telephone number of the business, its owner
or owners, and the mailing address of the business;
(3)
The items offered for sale or provided to the public;
(4)
The proposed location of the vending site, including two alternative
locations, listed by order of preference;
(5)
Evidence that the push cart passed all necessary inspections required
by the Board of Health.
A.
A permit application shall be forwarded to the Division of Engineering
for review and approval of the proposed location requested by the
applicant. The division shall determine whether the width of the sidewalk
at the proposed location or service route contains a minimum of seven
feet, including a minimum thirty-six-inch path of travel around the
push cart. Failure of the sidewalk to possess a minimum width of seven
feet, including a minimum thirty-six-inch path of travel around the
push cart, will result in automatic rejection of the proposed location
or service route by the division. The division may also consider in
its approval or rejection of the proposed location whether the proposed
location or service route poses a danger or nuisance to the public
health, safety, or welfare, or impedes pedestrian or vehicular traffic.
B.
The division may work with the applicant or permit holder to modify
the location or service route at any time:
(1)
Before
the issuance of a permit; or
(2)
After
the issuance of a permit, if the grant of a permit or approval of
the location or service route has led to the creation of a nuisance
or otherwise endangers the public health, safety, welfare, or impedes
pedestrian or vehicular traffic; or
(3)
By
request of the permit holder.
C.
The permit application shall be forwarded to the food inspector,
who shall determine whether the items listed to be sold or provided
to the public are safe for handling, selling, or providing, given
the nature of the push cart and the limitations imposed on the push
cart under this article. The food inspector shall examine the push
cart that is the subject of the application to determine its compliance
with all laws and regulations set by the Commonwealth of Massachusetts
and the City with regard to applicable health codes.
D.
The permit shall state the approved location or service route in
which the push cart may be located and operated.
Prior to the issuance of any food vending permit, the applicant
shall execute an agreement holding the City, its employees, and agents
harmless from any liability arising from the use of the permit.
The permit holder, at his or her sole cost and expense, shall
obtain and maintain liability insurance for bodily injury and property
damage in an amount not less than $500. The policy or policies shall
contain an endorsement listing the City of Fall River as additional
insured, and shall provide that the City be given 30 days' written
notice prior to cancellation or material change. Proof of insurance
shall be submitted to the permitting authority prior to issuance of
any food vending permit.
[Amended 5-29-2018 by Ord. No. 2018-21]
Each permit issued pursuant to this article shall be for a period of one year commencing on May 1 and ending April 30. Renewal of any permit shall be for an additional one-year term and requires the submission of a new application, along with a renewal fee as set forth in Chapter A110, Fee Schedule, of the City Code.
No person holding a food vending permit shall sell, lend, lease,
assign, or transfer in any manner the food vending permit.
A.
Push cart operations shall be limited to sidewalks that conform to
the requirements of this article.
B.
Each push cart shall have conspicuously affixed thereto the permit
required by this article.
C.
The maximum dimensions for any push cart shall not exceed six feet
in length by four feet in width.
D.
The push cart may have affixed thereto or painted thereon a sign
used in conjunction with the push cart.
E.
No operator of a push cart shall park, stand, or move a push cart
and conduct business where the permit holder has not been authorized
to operate.
F.
No push cart operator or permit holder shall provide or allow any
dining area, including, but not limited to, tables, chairs, booths,
bar stools, benches, or stand-up counters.
G.
A garbage receptacle shall be provided for patrons.
H.
The push cart operator shall refrain from using bells, chimes, horns
or other sounds, including the utterance of boisterous outcries to
promote the sale of its food or beverage.
I.
The permit holder and the operator are responsible for ensuring that
the area surrounding the push cart is kept clean and free of trash
and debris associated with the push cart operation.
J.
The push cart shall not be unattended at any time; nor shall the
push cart be stored, parked or left at the permitted location overnight.
K.
No propane tanks or open flames are permitted for operation on the
push cart.
For the purposes of this article, a food vending permit holder shall not be considered a transient vendor under Article XVI.
[Amended 1-8-2013 by Ord. No. 2013-2]
A.
A violation of this article may result in suspension of a permit
issued pursuant to this article for up to five days or revocation.
Upon suspension or revocation of a permit issued pursuant to this
article, the person whose permit was suspended or revoked may request
a hearing before the municipal hearing officer or his designee. Such
request shall be in writing and shall be filed with the permitting
authority within 10 days after suspension or revocation. Failure to
timely appeal the administrative determination is deemed a waiver
of the right to a hearing.
B.
A violation of the State Sanitary Code (105 CMR 590) is subject to
the applicable revocation and hearing provisions contained therein.
The Chief of Police or his designee as well as the Board of
Health and its designee shall be vested with enforcement of this article.
The invalidity of any portion or portions of this article shall
not invalidate any other portion, provision or section thereof.
