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17-10.7   Permit Renewal.
   (A)   Every mobile food truck permit, unless suspended or revoked by the Committee for a violation of any provision of this Section or other rule or regulation promulgated for the implementation of this Section, shall be renewed annually given that a renewal fee is paid within 30 days after its one-year expiration, at which time the permit holder shall forfeit the right to renew and the permit may be made available to another applicant for new permit if the limitation on the number of permits has not been reached.
   (B)   The renewal of a permit does not also guarantee renewal of the previously approved route. The Committee reserves the right to add, remove and reapportion available locations among mobile food truck operations at renewal.
(CBC 1985 17-10.7; Ord. 2011 c. 5)
17-10.8   Rules and Regulations.
   (A)   General. The Committee members are hereby authorized to promulgate, both jointly and within their respective Departments, additional rules and regulations appropriate for the implementation of this Section, and, if necessary, work with other Agencies and Departments of the city and commonwealth to establish a streamlined process for the permitting of mobile food trucks; provided, however, that such rules and regulations are not inconsistent with the following limitations and restrictions.
      (1)   No operator of a mobile food truck shall park, stand or move a vehicle and conduct business within areas of the city where the permit holder has not been authorized to operate.
      (2)   No permit holder shall possess a permit for a mobile food truck that is not in operation for a period of more than 14 days without duly notifying and obtaining approval from the Commissioner.
      (3)   The issuance of a permit does not grant or entitle the exclusive use of the service route, in whole or in part, to the mobile food truck permit holder, other than the time and place as approved for the term of the permit.
      (4)   No mobile food truck shall provide or allow any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches and standup counters, unless a proposal for such seating arrangements is submitted with the permit application and approved by Committee.
      (5)   Consumers shall be provided with single service articles, such as plastic forks and paper plates, and a waste container for their disposal. All mobile food trucks shall offer a waste container for public use that the operator shall empty at his or her own expense.
      (6)   The permit holder must keep an accurate log indicating that the mobile food truck is serviced at least twice daily by a mobile food commissary for all food, water and supplies and for all cleaning and servicing operations, including the emptying and cleaning of waste containers.
      (7)   No mobile food truck shall make or cause to be made any unreasonable or excessive noise in violation of Subsection 16-26.1.
      (8)   A mobile food truck may not operate on public property unless the Commissioner and the Departments have otherwise granted approval on the permit application for its operation at the particular location during specific times.
      (9)   All mobile food trucks must be equipped with a permanently mounted global positioning system (“GPS”) device that meets rules and regulations established by the Committee or its members.
      (10)   For mobile food trucks on public property, the city reserves the right to temporarily move a mobile food truck to a nearby location if the approved location needs to be used for emergency purposes, snow removal, construction or other public benefit.
   (B)   Inspectional services. The Inspectional Services Department shall ensure compliance with the commonwealth’s Sanitary Code 105 CMR 590.
   (C)   Fire Department. The Boston Fire Department shall promulgate rules and regulations for the inspection of mobile food trucks and to ensure compliance with all applicable federal, commonwealth and local fire safety statutes, regulations ordinances and codes.
(CBC 1985 17-10.8; Ord. 2011 c. 5)
17-10.9   Permit Fees.
   (A)   Application fee. The application fee for a permit or a renewal of a permit granted by the Committee for the operation of a mobile food truck shall be $500.
   (B)   Annual fee. An annual fee shall be required for the issuance or renewal of a mobile food truck permit based on a taxable market valuation of city property by the Assessing Department, including sidewalks, from which mobile food trucks will stand according to a route of operation submitted with an application for a mobile food truck permit. Nothing in this Section shall prohibit the Committee from designating zones throughout the city for the purposes of establishing fees and rates.
(CBC 1985 17-10.9; Ord. 2011 c. 5)
17-10.10   Prohibition Against the Transfer of a Permit.
   (A)   Transfers for value prohibited. No person holding a permit for a mobile food truck shall sell, lend, lease or in any manner transfer a mobile food truck permit for value.
   (B)   Nonvalue transfers as part of the sale of a business. Notwithstanding division (A) above, a permit holder may transfer a permit as part of the sale of a majority of the stock in a corporation holding such permit, as part of the sale of a majority of the membership interests of a limited liability company holding such permit, or as part of the sale of a business or substantially all of its assets; provided that there shall be no allocated or actual value for the transfer of the permit.
      (1)   Prior to any such transfer, the transferor shall notify the Committee in writing and the transferee shall submit a food truck permit application for approval to the Committee pursuant to the process set forth in Subsection 17-10.5 and any additional rules and regulations promulgated by the Committee.
      (2)   Any such transfer shall be subject to the terms and conditions of the original permit.
   (C)   Unauthorized transfer voids permit. Any unauthorized transfer or attempt to transfer a permit shall automatically void such permit. Whoever violates this provision, including both the transferor and transferee, shall be subject to a fine of $300, pursuant to Subsection 17-10.12(A). The unauthorized transfer or attempt to transfer of each permit shall constitute a separate violation.
(CBC 1985 17-10.10; Ord. 2011 c. 5)
17-10.11   Operation of Mobile Food Trucks.
   (A)   Operation without permit. Any mobile food truck being operated without a valid mobile food truck permit issued by the Commissioner shall be deemed a public safety hazard and may be ticketed and impounded.
   (B)   Unattended vehicles prohibited. No mobile food truck shall be parked on the street overnight, or left unattended and unsecured at any time food is kept in the mobile food truck. Any mobile food truck which is found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.
   (C)   A mobile food truck operating outside of an approved route, at an unauthorized location or beyond the hours for which the operation has been permitted shall be deemed operating without a permit in violation of this Section and may be subject to enforcement under Subsection 17-10.12.
(CBC 1985 17-10.11; Ord. 2011 c. 5)
17-10.12   Enforcement.
   (A)   Fine for violation. Any permit holder operating a mobile food truck or service in violation of any provision of this Section or any rules and regulations promulgated by the Committee may be subject to a fine of $300 per day. Each day of violation shall constitute a separate and distinct offense. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce this Section.
   (B)   Revocation, suspension, modification. Once a permit has been issued it may be revoked, suspended, modified or not renewed by the Commissioner for failure to comply with the provisions of this Section or any rules and regulations promulgated by the Committee.
      (1)   No permit shall be revoked, suspended, modified or not renewed without a hearing before the Commissioner, or his or her designee, prior to which hearing the Commissioner, or his or her designee, shall give reasonable notice of the time and place of the hearing and the specific grounds of the proposed action. The decision resulting therefrom shall be final and subject only to judicial review under M.G.L. Chapter 30A, Section 14.
      (2)   The Commissioner, or his or her designee, may suspend a permit for no more than three days without a notice or hearing, pursuant to division (B)(1) above, if the Commissioner, or his or her designee, specifically notifies the permit holder in writing that there is a probability of violation of public safety, health or order. In such a case, a hearing shall be held before the Commissioner, or his or her designee, within 48 hours of the suspension in order to determine whether the public safety, health or order concern justified the suspension.
   (C)   Removal. Any permit holder found in violation of this Section or any rules and regulations promulgated by the Committee may be issued a ticket for violation and the mobile food vehicle may be impounded.
   (D)   Enforcement. The provisions of this Section or any rules and regulations promulgated by the Committee may be enforced jointly by the Boston Police Department and the Boston Transportation Department.
(CBC 1985 17-10.12; Ord. 2011 c. 5)
17-10.13   Severability.
   If any provision of this Section is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 17-10.13; Ord. 2011 c. 5)
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