[HISTORY: Adopted by the Town Meeting of the Town of South Hadley 5-10-2017 ATM by Art. 11. Amendments noted where applicable.]
This bylaw implements the requirements of MGL c. 270, § 25 and the regulations promulgated thereunder, as may be amended, relative to the permitting of ice cream trucks within the Town of South Hadley.
The South Hadley Police Department, under the direction of the Police Chief, is allowed to fingerprint all applicants for an ice cream vendor's permit as part of the application process in accordance with MGL c. 6, § 172B 1/2; to authorize the use of Federal Bureau of Investigation (FBI) records data base; and to conduct a state and national criminal history records check. Information obtained from said FBI criminal history check may not be disseminated to unauthorized entities. All applicants must be fingerprinted specifically as part of an application for an ice cream vendor's permit. There will be a $50 fee in respect to the fingerprint process application in addition to any other application fees for an ice cream vendor's permit from the Board of Health. No background check will commence until all application fees are received by the Town of South Hadley.
[Added 1-10-2018 STM by Art. 8]
As used in this bylaw, the following terms shall have the meanings indicated:
- ICE CREAM
- Any frozen dairy or frozen water-based food product.
- ICE CREAM TRUCK
- Any motor vehicle used for selling, displaying or offering to sell ice cream.
- ICE CREAM TRUCK VENDING
- The selling, displaying or offering to sell ice cream or any other prepackaged food product from an ice cream truck.
- PERMITTING AUTHORITY
- The South Hadley Chief of Police or a qualified person authorized by him.
No person shall engage in ice cream truck vending in the Town of South Hadley unless s/he shall have been issued a valid permit to do so by the permitting authority. Such permit shall be conspicuously displayed and clearly visible on the windshield of any ice cream truck operated or from which ice cream or any other prepackaged food product is sold.
Whoever violates this section shall be assessed a fine of $300. Each day that such person is in operation in violation of this section may be considered a separate violation.
[Amended 1-10-2018 STM by Art. 8]
Permits issued hereunder shall conform to regulations, rules, forms and policies of the Massachusetts Department of Public Safety.