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 by-law. Any person who violates this section shall be liable to a fine of $50 per violation. Each day of operation without a food vendor's license shall constitute a separate violation.
"Food service establishment" shall include any fixed or mobile place, structure or vehicle whether permanent, transient, or temporary, private, public, or nonprofit, routinely serving 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.
Each applicant for such license shall submit, on forms to be provided by the Select Board, the following information: name and address of applicant; name and address of place of business; evidence, in form satisfactory to the Select Board, that the applicant has upon the premises the necessary implements and facilities for cooking, preparing and furnishing food to the public; and such other information as the Select Board shall require. The Select Board members may require applicants to submit a plan showing, if any, the location of fixtures and other facilities, including bathrooms, 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.
Such license shall not be issued or be valid until it has been signed by a majority of the Select Board. The Select Board members may refuse to grant such a license if, in their opinion, the public good does not require it.
Food vendor's licenses shall be valid for a term of one year from the first day of January until the 31st day of December. A nonrefundable fee of $25 shall be submitted with the application for such license. The Select Board members may, in their discretion, suspend the requirement of the fee for hospitals.
If, in the opinion of the Select Board, 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 these by-laws, the Select Board members shall immediately revoke their license. If the licensee at any time conducts their licensed business in an improper manner, the Select Board, after notice to the licensee and public hearing, may, upon satisfactory proof thereof, suspend or revoke their license.
No license shall be issued under this chapter until the applicant submits a plan acceptable to the licensing authority that establishes procedures and requirements for the control and elimination of litter. The plan must set forth requirements for the pickup and disposal of litter resulting from or generated by the sale of food under the license.
[Amended 5-19-2021 ATM by Art. 29]
The Select Board may, upon written application by a licensed food vendor, after proper notice and hearing, grant, upon such terms and conditions as it determines to be necessary and desirable, a licensed food vendor the right to use an adjacent outdoor portion area as part of the licensed premises to accommodate outside seating for patrons. Such duly licensed outside seating areas may include a portion of a Town street or sidewalk area and/or a third party's property with acceptable proof of third-party consent. Prior to such a grant, the Select Board shall seek advisory reports from the Planning and Community Development Department, Building Commissioner, Police Department, Fire Department, Department of Public Health and Human Services, and Commissioner of Public Works, as the Select Board or its designee may determine. No such grant shall extend beyond the term of the license. Any right granted hereunder shall be subject to revocation if the exercise of the grant interferes with public safety and convenience.