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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This Section shall be in full force and effect until July 1, 1991 unless sooner amended, repealed or extended.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to not have lapsed and to be and remain continuously in force and effect until July 1, 1991 unless sooner amended, repealed or extended”.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)
(A) There shall be within the city a Mobile Food Trucks Committee consisting of the Public Works Department, the Transportation Department, the Inspectional Services Department, the Police Department, the Fire Department, the Director of Food Initiatives and the Assessing Department for the purpose of reviewing applications for mobile food truck permits and establishing rules and regulations as appropriate.
(B) The Committee may work with an industry-led task force in developing acceptable routes of operation throughout the city and establishing industry standards, such as the use of global positioning system (“GPS”) devices and other matters.
(C) The Committee may work with applicants for mobile food truck permits and renewals to encourage the following:
(1) Sustainable and environmentally friendly practices, including the use of energy-efficient vehicles;
(2) Charitable components to the business of operation;
(3) School nutrition programs or healthy food choices;
(4) Programs for children or the homeless;
(5) Other socially responsible practices and programs;
(6) Routes that provide access to underserved neighborhoods of the city; and
(7) The use of food commissaries within the city.
(CBC 1985 17-10.3; Ord. 2011 c. 5)
(A) No person or business entity, including a religious or charitable organization, shall operate a mobile food truck in any public, private or restricted space without a permit issued by the Committee.
(B) A mobile food truck permit is required for each and every mobile food truck.
(CBC 1985 17-10.4; Ord. 2011 c.5)
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