[HISTORY: Adopted by the City Council of
the City of Lowell 4-26-1988 as Ch. 11, Art. VI of the 1988 Code. Amendments noted where
applicable.]
[Amended 8-23-1988]
A.
No person who is not engaged in the pursuit of agriculture shall hawk or peddle fruit or vegetables until he has been duly licensed by and has recorded his name and residence with the License Commission of the City and has been assigned a number by the Commission, to be worn in such a manner as the Commission may prescribe. The fee for such license shall be as set in Chapter 150, Fees, and the license shall continue in force for one year from the date thereof.
B.
No person shall hawk or peddle fish until he has been duly licensed by and has recorded his name and residence with the License Commission of the City and has been assigned a number by the Commission to be worn in such a manner as the Commission may prescribe. The fee for such license shall be as set in Chapter 150, Fees, and the license shall continue in force for one year from the date thereof.
A.
No person hawking, peddling or selling or exposing
for sale any of the articles enumerated in MGL c. 101, § 17
shall cry his wares to the disturbance of the peace and comfort of
the inhabitants of the City.
B.
No hawker or peddler shall carry or convey any of
the articles enumerated in MGL c. 101, § 17 in any manner
that will tend to injure the public health or disturb the public peace
or comfort, nor otherwise than in vehicles and receptacles which have
printed on them in letters and figures at least two inches in height
the name of the person selling and the number, if any, given him by
the License Commission.
A.
No person shall offer for sale or sell articles of
confection, sandwiches, lunches or any other articles of food in the
vicinity of the Lowell High School and the annex to the Lowell High
School on any day from 8:00 a.m. to 2:00 p.m., when the school is
in session.
B.
It is the intent and purpose of this section to prohibit hawkers and peddlers, and vendors, from engaging in their business or occupation in the vicinity of the Lowell High School and the annex to the Lowell High School on the days and between the hours referred to in Subsection A.
C.
This section shall not prohibit hawkers and peddlers,
or vendors who are engaged in the business or occupation of selling
produce, necessaries of life or other articles of food, from selling
their products to householders, persons in charge of boardinghouses
and to business establishments in the vicinity of the Lowell High
School and the annex to the Lowell High School.
[Added 4-12-1994]
A.
No person shall offer for sale or sell any articles
on the public ways designated on plans filed with the Special Events
Coordinator during the following periods:
B.
It is the intent and purpose of this section to prohibit
hawkers, peddlers, and vendors from engaging in their business in
the vicinity of the activities referred to above. Sales during said
festivals are restricted to nonprofit, volunteer-supported organizations
which annually support the festivals and ethnic activities of the
City.
C.
The Special Events Coordinator shall review each application
for a special event permit with the applicant to determine whether
a restricted area shall be designated for the event. Should a restricted
area be needed, the plan of the proposed area shall be submitted to
the City Council for a vote prior to the issuance of a special event
permit.
D.
This section shall not prohibit hawkers, peddlers,
or vendors from selling their products on the public ways of the City
during any period not designated above or in any area outside the
area designated on the plans referred to above.
[Added 4-14-1998[1]]
A.
Declaration of policy. In order to protect public
health and safety and to compliment and promote the business environment
and the atmosphere of the Lowell National Park, to encourage visitors
to the City and to foster the attraction of the new civic arena and
new civic stadium, it is declared that it is a reasonable exercise
of the police powers of the City of Lowell to establish a license
process for temporary vendors and to reasonably limit and restrict
vendors, hawkers and peddlers in certain designated areas of the downtown,
the civic arena and the civic stadium.
B.
Temporary vendors; license required. Any person who
engages in business in the Commonwealth of Massachusetts selling goods,
wares or merchandise who is not required to be licensed as a temporary
vendor under MGL c. 101, § 3 or as a hawker or peddler under
MGL c. 101, § 22 shall be required, before transacting business,
to apply to the License Commission for a license to conduct such business
as a temporary vendor under the same terms and upon the same restrictions
applicable to temporary vendors under this section.
C.
CENTRAL BUSINESS DISTRICT
CIVIC ARENA DISTRICT
CIVIC STADIUM DISTRICT
TEMPORARY VENDOR
Definitions. The following words, terms and phrases,
when used in this section, shall have the meanings ascribed to them
in this subsection, except where the context clearly indicates a different
meaning:
That area of downtown bounded as shown on the map on file
at the office of the City Clerk.
That area in the vicinity of the Paul E. Tsongas Arena as
shown on the map on file at the office of the City Clerk.
That area in the vicinity of the Edward LaLacheur Civic Stadium
as shown on the map on file at the office of the City Clerk.
Any exhibition and/or sale of goods, wares or merchandise
which is carried on in any public place within the City of Lowell.
D.
Exception; special license. The License Commission
may, upon application by a charitable or nonprofit organization, grant,
under such terms and conditions as it may deem appropriate, a special
license to conduct under its control such activities as would otherwise
be subject to the provisions of this section.
E.
Fixed vendor locations. Notwithstanding the foregoing
provisions of this section, no person, except those specifically licensed
to do so at fixed vendor locations by the City acting through the
License Commission, may transact business as a hawker, peddler or
temporary vendor on any public property within the following defined
districts within the City of Lowell:
F.
License required. It shall be unlawful for any temporary
vendor to sell, attempt to sell, or exhibit any food, beverage, goods,
wares or merchandise without first applying for and obtaining a license
from the License Commission. The License Commission shall consider,
and if an applicant's application is substantially complete, render
a decision within 30 days of receipt of such application.
G.
Application. The application for a temporary vendor's
license shall contain all information necessary and relevant to determine
whether a particular license may be issued. Such application shall
be obtained from and shall be on a form prescribed by the License
Commission. Such application shall include, but not be limited to,
the following:
(1)
Proof that the applicant has complied with all applicable
Massachusetts General Laws, including but not limited to MGL c. 101,
§§ 1 to 12A.
(2)
Proof of the identity and business address of the
applicant and any other proof of identification which any state or
federal agency may require the City to obtain.
(3)
A brief description of the nature, character and quality
of the food, beverages, wares, goods, or merchandise to be sold or
exhibited.
(4)
A description of the proposed location of the vending
business and the length of time during which it is proposed that the
business shall be conducted.
(5)
Anticipated days of the week (Sunday through Saturday) and hours of operation (within the hourly limits of Subsection L of this section).
(6)
Any other factors relating to the application or applicant
which the License Commission may deem relevant in determining whether
approval of such license is consistent with the best interests of
the City.
H.
License display.
(1)
Temporary vendor licenses issued under this section
and MGL c. 101, § 5 and pursuant to MGL c. 101, § 3
shall be carried on the licensee's person at all times while the licensee
is conducting business.
(2)
The License Commission shall also issue an identification badge upon approval of an application for a temporary vendor license. Such temporary vendor shall wear such identification badge in a conspicuous place on his or her person, so that it may be easily read while conducting business. If the identification badge becomes lost, damaged or abused or is otherwise unusable, the licensee shall apply to the License Commission for the issuance of a duplicate identification badge at a cost as provided in Chapter 150, Fees.[2]
(3)
Licenses and identification badges shall be used by
the individual to whom they were granted and are not transferable
to any other person.
(4)
Any licensee who fails, neglects or refuses to appropriately
display or exhibit a license granted under the provisions of this
section and MGL c. 101, § 5 and pursuant to MGL c. 101,
§ 3 when requested by any member of the License Commission,
designated agents of the Health and Human Services Department, members
of the Board of Health, or a police officer shall be subject to the
same penalty as if the person had no license.
I.
Granting license. The License Commission shall not
issue more than five full season temporary vendor licenses per year.
The License Commission may issue any number of temporary vendor licenses
for special events that occur within the City as defined by the License
Commission as the public interest may determine, which licenses shall
be called "special temporary vendor licenses."
J.
Fees. An applicant for a full season temporary vendor's license under this section shall pay an annual license fee as provided in Chapter 150, Fees, for the season. An applicant for a special temorary vendor's license shall pay a fee as provided in Chapter 150, Fees, for each day at the special event for which the license is valid.
[Amended 12-23-2008]
K.
Insurance. No license shall be issued under this section
to an applicant unless the applicant furnishes proof to the City of
a public liability insurance policy in an amount not less than $100,000/300,000
for personal injury, including injuries resulting in death, caused
by the operation of the temporary vendor business, which policy shall
name the City of Lowell as additional insured. The licensee shall
also be required to carry property damage insurance of $100,000.
L.
General restrictions.
(1)
Vendor stands shall not exceed six feet in length,
three feet in width, or three feet in height.
(2)
Vendor stands shall not impede access to the entrance
of any adjacent building or driveway.
(3)
Vendors shall be allowed to engage in business only
between 10:00 a.m. and 10:00 p.m. All vending stands must be removed
from public property during nonvending hours.
(4)
All licenses granted under this section shall be valid
for the period commencing March 1 and terminating the last day of
February of the year following which the license is issued.
(5)
No vendor shall conduct business within 25 feet of
any handicapped parking space or access ramp.
(6)
All trash or debris accumulating within 25 feet of
any vending stand and resulting from the activity thereof shall be
collected and removed by the vendor on a daily basis.
M.
Suspension or revocation of license.
(1)
Any license issued under this section may be suspended
or revoked by the License Commission after notice and hearing for
any of the following reasons:
(a)
Fraud or misrepresentation in the application
for the license.
(b)
Fraud or misrepresentation in the course of
conducting the business of vending.
(c)
Conducting the business of vending in such a
manner as to create a public nuisance or constitute a danger to the
public health, safety or welfare.
(d)
Violation of any law, ordinance, rule or regulation
applicable to vendors.
(2)
Upon suspension or revocation, the License Commission
shall deliver written notice to the license holder stating the action
taken and the reasons supporting such action. The written notice shall
be delivered to the license holder's place of business or mailed to
the license holder's last known address.
N.
Appeals. Persons who are denied a license under this
section or whose license has been suspended or revoked may appeal
to the Middlesex Superior Court. The appeal must be filed within 30
days after receipt of the notice of denial, suspension or revocation.
O.
Renewals. Application for renewal of a license issued
under this section shall be received between January 1 and January
31. Applications received after the last day in January shall be processed
as new applications. The License Commission shall review each application
for renewal to determine that:
P.
Penalties. Any person who violates any provision of
this section shall be punished, upon conviction, by a fine not exceeding
$200 for each such conviction.
[Added 12-23-2008]
A.
The Superintendent of Police is hereby designated, in accordance with MGL c. 101, § 33, as the officer authorized on behalf of the City to grant a special license to an organization hereafter specified, and upon the conditions hereinafter specified, authorizing such organization, upon a particular day and for a charitable purpose named in such license, to sell, through the accredited agents of such organization, in the designated streets and other designated public places within the City named in such license, the articles enumerated in Subsection B.
B.
The articles authorized to be sold under such special license as may be granted under Subsection A are flags, badges, medals, buttons, flowers, souvenirs and similar small articles as may be designated by the Superintendent of Police.
C.
The term "organization" as used in Subsection A shall be limited to any organization engaged exclusively in charitable work or to a post of any incorporated organization of veterans who have served in the military or naval service of the United States in time of war or insurrection.
D.
The conditions upon which such special license may
be granted by the Superintendent of Police are:
(1)
The applicant organization must satisfy the Superintendent of Police that it qualifies under Subsection C.
(2)
Articles to be sold must satisfy the Superintendent of Police that such qualify under Subsection B.
(3)
Streets and public places where such articles may
be sold shall be determined by the Superintendent of Police and incorporated
in such license.
(4)
No person under 16 years of age shall be accredited as an agent of any authorized organization under Subsection A.
(5)
Each agent shall wear in plain sight while engaged
in selling such articles a badge provided by such organization or
post and approved by the Superintendent of Police. Such badge shall
bear the name of the organization or post and the date on which the
license is to be exercised.
(6)
No agent shall be authorized to make or attempt to
make any sale in front of any private business against the objection
of the owner or occupant thereof.
(7)
The exercise of the license hereby provided for shall
be subject to the provisions of all statutes, ordinances, rules and
regulations not inconsistent herewith.
(8)
The Superintendent of Police shall, in the exercise
of reasonable discretion, have the right to determine the qualifications
of any applicant under this section and may impose any reasonable
additional conditions or limitations upon any license granted hereunder
deemed to be in the best interest of the City.
E.
Violations of this section shall be punishable by
fine of $20 for each offense or subject to any penalty as may be applicable
under MGL c. 101, or both.
[1]
Editor's Note: This section appeared in the
1988 Code as § 11-20, which section was repealed 11-28-2006.
[Added 9-13-2016]
A.
Mobile food vendors introduction.
(1)
In order to protect public health and safety to compliment and promote
the business environment and the atmosphere of the Lowell National
Park, to encourage visitors to the City and to foster the various
City attractions, it is declared that it is a reasonable exercise
of the police powers of the City of Lowell to establish a license
and permit process for mobile food vendors; license required.
(2)
Any person who engages in business in the Commonwealth of Massachusetts
selling edible goods who is not required to be licensed as a temporary
vendor under MGL c. 101, § 3, or as a hawker or peddler
under MGL c. 101, § 22, shall be required, before transacting
business, to apply to the City of Lowell City Council for a license
to conduct such business as a mobile food vendor in the City of Lowell.
(3)
Mobile food vendors may operate in the City of Lowell throughout
the year but shall abide by all established parking rules and regulations,
including seasonal parking bans on both private and public properties.
(4)
Mobile food vendors may operate in the City from the hours of 6:00
a.m. until 2:00 a.m.
B.
EDIBLE GOODS
FOOD SERVICE ESTABLISHMENTS
MOBILE
MOBILE FOOD VENDOR
(1)
(2)
(3)
STATIONARY LOCATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes, but are not limited to:
Businesses that sell edible goods and have been inspected
and approved by the City of Lowell's Division of Development
Services, including commercial kitchens and commissaries.
The state of being active, but not continuous movement.
Any person or entity engaged in the business of edible goods
from a mobile food facility within the City of Lowell. This term includes,
but is not limited to:
Mobile food truck: a self-contained motorized unit selling items
defined as "edible goods" at a stationary location.
Mobile food pushcart: a nonmotorized unit that is limited in
the types of edible goods it sells at a stationary location.
Mobile canteen truck: a self-contained motorized unit selling
items defined as "edible goods" that moves from place to place and
is not stationary in the same location for more than 30 minutes.
The position of the mobile food vendor when not in motion
and addressing the public for the purpose of sales.
C.
Permit and application process.
(1)
Permit. Every mobile food vendor shall have an annual permit issued
by the City of Lowell to conduct business in the City.
(2)
Application. An applicant shall apply for a permit through an application
form produced by the City of Lowell's Division of Development
Services.
(3)
Private property application process. The application shall be processed
through the following procedure:
(a)
Application submitted to the City of Lowell's Division
of Development Services office.
[1]
Application must include a letter of agreement from the property
owner indicating permission to locate on the property.
[2]
Application must include plans indicating where the vendor intends
to locate on the private property.
[3]
Application must include plans to indicate the mobile food vendor
will comply with the Americans With Disabilities Act (ADA).
(b)
Application shall be reviewed by designated Development Services
staff.
(d)
The City of Lowell Division of Development Services Department
may then, and only then, approve a mobile food vendor permit.
(e)
Each mobile food vendor permit shall expire on April 1 of every
year.
(f)
The permit shall not be transferable from person to person without
the written approval from the City.
(g)
The permit is valid for one vehicle only.
(4)
Public property application process. The application shall be processed
through the following procedure:
(a)
Application submitted to the City of Lowell's Division
of Development Services office.
(b)
Application shall be reviewed by designated Development Services
staff.
(d)
The City of Lowell Division of Development Services Department
may then, and only then, approve a mobile food vendor permit.
(e)
Each mobile food vendor permit shall expire on April 1 of every
year.
(f)
The permit shall not be transferable from person to person without
the written approval from the City.
(g)
The permit is valid for one vehicle only.
E.
Private property locations.
(1)
Mobile food vendors that will be locating in private property are
not allowed in residential zones or on lots whose use is strictly
residential.
F.
Public property locations.
(1)
If locating on a public street, mobile food vendors must follow all
parking regulations.
(a)
Mobile food pushcarts are not allowed to locate on public streets
due to safety concerns.
(b)
A mobile food truck must fit within a designated parking space
or spaces and follow the below criteria:
[1]
Pay for parking spot or spots they occupy;
[2]
Cannot locate in a fifteen-minute parking spot or handicapped
parking spot;
[3]
Cannot locate in a loading zone or bus stop;
[4]
Cannot locate in a crosswalk or sidewalk;
[5]
Cannot locate within 20 feet of an intersection;
[6]
Cannot locate within 10 feet of a fire hydrant;
[7]
Cannot locate in front of someone's driveway.
(c)
Mobile food vendors wishing to use a metered parking space for
more than two hours may reserve spaces through the City's Parking
Department by contacting 978-674-4014. In such instances, the following
terms and conditions shall apply:
[1]
Metered space bags are issued by the employees of the City of
Lowell Parking Department during business hours.
[2]
A rental form, deposit check and check for rental fee must be
furnished at time of issuance.
[3]
The deposit is $50 per space, check only, refundable once the
bags have been returned.
[4]
The rental check in the amount of $10 per space per day is also
required at the time of issuance.
[5]
If the bag is not returned, or returned in an unusable condition,
the deposit will not be refunded.
[6]
If a space is bagged for any portion of a day when metered parking
is in effect, the renter will be charged for the full day.
[7]
Bags for metered spaces must be attached four hours before the
no-parking area becomes enforceable. Vehicles present in a space prior
to it being bagged may not be removed for 24 hours once the bag has
been installed.
(2)
If locating on any City or state property the mobile food vendor
must obtain permission from the City or State.
G.
Special considerations.
(1)
Preexisting licenses shall be grandfathered for the current license
holder at his or her current location.
(2)
Mobile food vendor business windows must face the sidewalk or curb
when parked on a City street.
(3)
Mobile food vendors must supply a clearly marked trash receptacle
in the immediate vicinity of their mobile food trucks or mobile food
pushcarts.
(4)
Mobile food vendors must pick up, remove and dispose of all trash
and refuse dispensed from their mobile food trucks or mobile food
pushcarts before leaving the area.
