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The Commissioner is hereby authorized and directed to design, implement and enforce a fee system which shall assure that activities carried out by the city and the BBC in conformance with this Section are fully reimbursed by the regulated institutions. Payment of such fee or fees shall be a further condition of the granting or renewing of any permit.
(Ord. 1981 c. 12 § 5; CBC 1985 17-9.5)
(A) Violation of the conditions of this Section shall subject the violator to a fine of $200 per day. Each day of violation shall constitute a separate and distinct offense.
(B) Once a permit has been issued it may be revoked, suspended or modified by the Commissioner, or not renewed by the Board, only upon a determination, after due notice and hearing, that the institution involved has materially failed to comply with this Section, the permit agreements or the “Guidelines”. Notice and hearing procedures shall be those established by the Environmental Health Inspection Services Division of the Department of Health and Hospitals.
(C) Notwithstanding the above, the Commissioner, upon a determination that any violation constitutes an immediate and severe threat to the public health and safety, may order the immediate closure of any premises or laboratory engaging in or contributing to such threat, without prior notice and hearing but otherwise with subsequent notice and hearing.
(Ord. 1981 c. 12 § 6; CBC 1985 17-9.6)
If any Section, Subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 1981 c. 12 § 7; CBC 1985 17-9.7)
This Section shall be in full force and effect until July 1, 1991 unless sooner amended, repealed or extended. Nothing contained herein shall be construed to limit the term or effectiveness of any regulations promulgated by the Board of Health and Hospitals during or subsequent to such period.
(Ord. 1981 c.12 § 8; Ord. 1986 c. 9, §§ 1, 2; CBC 1985 17-9.8)
Editor’s note:
Section 2 of Ord. 1986 c. 9 states “The remaining parts and portions of said Chapter 12 of the Ordinances of 1981 are hereby continued and confirmed to the end that the said ordinance shall be deemed to not have lapsed and to be and remain continuously in force and effect until July 1, 1991 unless sooner amended, repealed or extended”. Ord. 1991 c. 3 provides that Chapter 12 of Ordinance 1981 shall be in full force and effect until January 1, 1993.
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSIONER. The Commissioner of Public Works of the city, or his or her designee.
COMMITTEE. The Commissioner, the Director of Food Initiatives and the Departments, as defined.
DEPARTMENTS. The Transportation Department, the Inspectional Services Department, the Police Department, the Fire Department and the Assessing Department, all of the city.
FOOD ESTABLISHMENT. A business operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption as set forth in the commonwealth’s Sanitary Code 105 CMR 590.002.
MOBILE FOOD COMMISSARY. A licensed food establishment that a mobile food truck reports to twice daily for all food and supplies and for all cleaning and sanitizing of units and equipment.
MOBILE FOOD TRUCK. A mobile food vehicle.
MOBILE FOOD VEHICLE. A food establishment that is located upon a vehicle, or which is pulled by a vehicle, where food or beverage is cooked, prepared and served for individual portion service, such as a mobile food kitchen; provided, however, that a mobile food vehicle shall not be considered a food service establishment for the purposes of Subsection 18-1.6(QQ).
(CBC 1985 17-10.1; Ord. 2011 c. 5)
(A) The provisions of this Section shall apply to mobile food operations engaged in the business of cooking, preparing and distributing food or beverage with or without charge from mobile food trucks on or in public, private or restricted spaces. This Section shall not apply to canteen, coffee or ice cream trucks that move from place to place and are stationary in the same location for no more than 30 minutes at a time or food vending push carts and stands.
(B) The provisions of this Section shall not apply to mobile food operations that receives a temporary event permit issued by the Public Works Department.
(CBC 1985 17-10.2; Ord. 2011 c. 5)
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