(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
