License required; violations and penalties. No person shall offer food for sale to the public in a food service establishment, as hereinafter defined, unless licensed as a common victualler or an innholder under the provisions of MGL c. 140, without first obtaining a food vendor's license under the provisions of this section. Any person who violates this section shall be liable for a fine of $100 per violation. Each day of operation without a food vendor's license shall constitute a separate violation.
Food service establishments. Food service establishments shall include any fixed or mobile place, structure or vehicle, whether permanent, transient or temporary, private, public or nonprofit, that routinely serves the public or any other eating and drinking establishment or place in which food or drink is prepared for sale or for service to the public on the premises or elsewhere.
Application. Each applicant for such license shall submit, on forms to be provided by the Board of Licensing Commissioners, the following information: name and address of applicant; name and address of place of business; evidence, in form satisfactory to the Board of Licensing Commissioners, that the applicant has upon the premises the necessary implements and facilities for cooking, preparing and furnishing food to the public; a parking plan; and such other information pertinent to the license as the Board of Licensing Commissioners shall require. The Board of Licensing Commissioners may require applicants to submit a plan showing, if any, the location of fixtures and other facilities and the general arrangement of the premises, including, in the case of applications for premises not yet completed, estimates of the cost of the proposed arrangement and of the facilities indicated on the plan.
Trash removal. No license shall be issued under this section until the applicant submits a plan acceptable to the Board of Licensing Commissioners that establishes procedures and requirements for the control and elimination of litter. The plan must set forth procedures to be followed for the pickup and disposal of litter resulting from or generated by the sale of food under the license.
Approval. Such license shall not be issued or be valid until it has been signed by a majority of the Board of Licensing Commissioners. The Board of Licensing Commissioners may refuse to grant such a license if, in its opinion, the public good does not require it.
Term; fee. A food vendor's license shall be valid for a term of one year from the first day of January until the 31st day of December. A nonrefundable fee established by the Board of Licensing Commissioners in accordance with § 5-305 of these ordinances shall be submitted with the application for such license.
Suspension and revocation. If the Board of Licensing Commissioners finds that a licensee ceases to be engaged in the activity licensed hereunder or fails to maintain upon the premises on which such activity is licensed the implements and facilities required by this section, the Board of Licensing Commissioners shall, after due notice and a hearing, revoke his license. If the licensee at any time conducts his licensed business in an improper manner, the Board of Licensing Commissioners, after notice to the licensee and public hearing, may, upon satisfactory proof thereof, suspend or revoke his license.