[HISTORY: Adopted by the Town of Randolph. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings as defined in this section:
A motor vehicle in which ice cream, popsicles, ice sherbets
or other frozen desserts of any kind are carried for the purpose of
retail sale on the streets of the Town.
Offering ice cream, popsicles, ice sherbets, frozen desserts,
or, as incidental thereto, other food items which are prepackaged
by the manufacturer and do not require further processing, such as
gum, candy, juice, chips, and soft drinks, for sale from an ice cream
truck on the streets of the Town.
A.
General. No person shall operate or permit an ice cream truck owned
or controlled by such person to be operated as an ice cream truck
on the streets of the Town except as authorized by a duly issued and
currently valid ice cream vending permit obtained pursuant to this
section.
B.
Terms. Ice cream vending permits may be issued only for the sale
of ice cream, popsicles, ice sherbets, frozen desserts, and, as incidental
thereto, other food items which are prepackaged by the manufacturer
and do not require further processing, such as gum, candy, juice,
chips and soft drinks, from an ice cream truck. A permit shall be
effective on the first day of January of the calendar year immediately
following the date of issuance and shall remain in effect, unless
sooner revoked, until December 31 of the same calendar year. Ice cream
vending permits, or any rights or privileges thereunder, may not be
assigned or transferred. Acceptance of a permit by the permittee shall
constitute an agreement by such permittee that he has no property
right in the permit, and that such permittee shall appear and defend,
and indemnify and hold the Town, its officers and employees, harmless
from and against any and all claims, loss, damage or expense for any
injury to or death of any person or persons, or for damage to property,
resulting from, relating to, or arising out of any activity, act or
omission of such permittee, or any of permittee's employees,
agents, representatives or customers on the Town streets. The Town
and its elected and appointed officials and employees assume no responsibility
for or regarding any goods sold or activities by any permittee, or
any of permittee's employees, agents, representatives, contractors,
or customers.
C.
Application. A person seeking an ice cream vending permit shall file
a written application for such permit with the Chief of Police on
a form provided by the Chief of Police. The application shall contain
the following information:
(1)
Name, address and telephone number of the applicant;
(2)
A description and license number of the ice cream truck proposed
to be used in the business;
(3)
An acknowledgment by the applicant that he agrees to be bound by
all of the terms, conditions and provisions set forth in this section,
and such additional terms and conditions as may be set forth in the
permit;
(4)
Such other information as the Chief of Police may deem necessary
to make a determination on the application.
D.
Issuance. Prior to issuance of an ice cream vending permit, the applicant
shall provide the Chief of Police with proof that the applicant, and
each employee, agent, and representative thereof who will operate
the ice cream truck, has been issued and is the holder of a currently
valid license to operate a motor vehicle of such class in the State
of Massachusetts, and that the applicant is the holder of a State
of Massachusetts Business License which is currently valid.
E.
Limitations.
(1)
The permit issued under this section shall be prominently displayed
on the ice cream truck whenever it is being used for vending. No permittee,
or any employee, agent or representative thereof, shall operate an
ice cream truck unless there is displayed on the ice cream truck a
current State of Massachusetts Business License, a current State of
Massachusetts Food Handling Permit if applicable, and the permittee's
operation complies with all applicable local, state and federal health
and sanitation requirements, and complies with all other applicable
laws, ordinances and regulations.
(2)
Each permittee, and any employee, agent or representative thereof,
shall insure that persons waiting to make purchases at the ice cream
truck line up in single file on the side away from the traveled part
of the street and in such a fashion as to create the least obstruction
to pedestrian traffic.
(3)
Each permittee, and any employee, agent or representative thereof,
shall vend only from the side of the ice cream truck away from moving
traffic and as near as possible to the curb or side of the street.
(4)
No permittee, or any employee, agent or representative thereof, shall:
(a)
Vend unless such permittee, employee, agent or representative
has a litter receptacle available for use by patrons, nor shall any
permittee, or any employee, agent or representative thereof, leave
any location without first picking up, removing and disposing of all
trash or refuse remaining from sales made by such permittee, employee,
agent or representative;
(b)
Vend unless the ice cream truck is fully stopped;
(c)
Vend to any person standing on the roadway side of the ice cream
truck;
(d)
Back an ice cream truck to make or attempt to make a sale;
(e)
Vend from an ice cream truck stopped or parked on the roadway
side of a vehicle stopped or parked at the edge or curb of a street
or roadway;
(f)
Vend within less than fifty (50) feet of any intersection;
(g)
Leave any ice cream truck unattended at any time when such vehicle
is being used for vending upon a public street, provided, however,
that such permittee may alight align to the street or sidewalk for
the purpose of vending from the ice cream truck;
(h)
Make any sales within one thousand five hundred (1,500) feet
of a restaurant, retail store selling prepackaged food items or a
fixed place of business having a common victualler's license
issued by the Town of Randolph unless a one-day permit is granted
by the Police Chief;
(i)
Make any sales within one thousand five hundred (1,500) feet
of any public school, unless a one-day permit is granted by the Police
Chief;
(j)
Stop at any time for the purpose of making sales in any area
where parking is prohibited by the Town of Randolph or in any area
posted as a "no parking zone" by the Randolph Police Department;
(k)
Stop at any time for the purpose of making sales for more than
ten (10) minutes in a single location, unless a one-day permit is
granted by the Police Chief;
(l)
Fail to operate four-way flashers when so stopped;
(m)
Stop for the purpose of making sales only between the hours
of 8:00 p.m. and 11:00 a.m.
(n)
No one shall vend or sell their wares on any Town land within
the Town of Randolph without first obtaining a vendors/stand cart
permit.
G.
Insurance. Each permittee shall maintain at all times during the
entire term of the permit a current public liability insurance policy
in an amount of not less than five hundred thousand dollars ($500,000)
combined single limit, which policy shall name the Town as an additional
named insured and contain a waiver of subrogation endorsement. The
policy shall not contain any self insured retention or deductible
in excess of one thousand dollars ($1,000), and shall include a provision
requiring that written notification be given to the Town by the insurance
company not less than thirty (30) days before the policy expires,
or is cancelled, modified or terminated for any reason. Permittees
shall submit a copy of the policy, or, at the option of the Town,
a certificate of the policy, to the Town prior to beginning operations.
H.
Revocation. The Chief of Police may at any time revoke an ice cream
vending permit for noncompliance with any term, condition or provision
of the permit, for violation of any provision of this chapter or other
applicable local, state or federal law, ordinance or regulation, or
upon a determination that the operation of the permittee's ice
cream truck is causing a hazard or a disruption of pedestrian or vehicular
traffic, or for other reasons. The permittee shall be given written
notice of the proposed revocation and an opportunity to be heard by
the Chief of Police before revocation of the permit if so requested
by such permittee not later than five (5) days after the date of the
written notice of proposed revocation. The permittee may appeal the
decision of the Chief of Police to the Town Council by filing a written
notice of appeal with the Town Clerk not more than three (3) days
after the date of the decision being appealed.
I.
Fraud. Any person issued an ice cream vending permit under this chapter who commits any act of fraud, cheating or misrepresentation, whether through the permittee or through an employee, agent or representative thereof, while performing any activities provided for in the permit, directly or indirectly, or who shall barter, sell or peddle any goods upon the Town streets other than those specified and authorized as provided in this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Subsection J below.
J.
Penalty. Any person who violates any provision of this chapter shall
be guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not more than three hundred dollars ($300). A separate
offense shall be deemed committed on each day during which a violation
occur or continues.
