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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
17-1 LICENSING AND REGULATION OF ABORTIONS AND ABORTION CLINICS.
17-2 GASOLINE SERVICE STATIONS.
17-3 HAYMARKET-BLACKSTONE MARKET.
17-4 JUNK DEALERS, WEIGHERS AND MEASURERS.
17-5 MINORS’ LICENSES.
17-6 MISREPRESENTATION IN CONNECTION WITH JOB INCENTIVE PROGRAMS.
17-7 REAL ESTATE; REGULATION OF CERTAIN ACTIVITIES.
17-8 REGISTRATION OF KEEPERS OF SHOPS FOR BARTER, RENTAL OR SALE OF PRINTED MATTER OR MOTION PICTURE FILMS RESTRICTED TO ADULTS.
17-9 RECOMBINANT DNA TECHNOLOGY; USE REGULATIONS.
17-10 PERMITTING AND REGULATION OF MOBILE FOOD TRUCKS.
17-11 RESERVED.
17-12 SAFETY CONTROL MEASURES IN EVENT OF GAS LEAK OR OTHER EMERGENCIES.
17-13 THEATRICAL EXHIBITIONS AND PUBLIC AMUSEMENTS.
17-14 TRANSIENT VENDORS.
17-15 TRANSPORTATION OF HAZARDOUS MATERIALS BY MOTOR VEHICLE; REGULATIONS.
17-16 TRANSPORTATION OF HAZARDOUS MATERIALS BY RAIL; NOTIFICATION OF FIRE COMMISSIONER.
17-17 PRUDENTIAL AFFAIRS AND INTERNAL POLICE; REGISTRATION OF CERTAIN ARMED SECURITY GUARDS AND LICENSURE AS SPECIAL POLICE OFFICERS OPERATING IN A PUBLIC PLACE.
17-18 REGULATING THE PRACTICE OF BRINGING THEIR OWN ALCOHOLIC BEVERAGES ONTO THE PREMISES.
17-19 REGULATING ACOUSTIC LIVE ENTERTAINMENT.
17-20 REDUCTION OF CHECKOUT BAGS BY RETAIL ESTABLISHMENTS.
17-21 LICENSING AND REGULATING SHARED MOBILITY BUSINESSES.
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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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)
17-11   RESERVED.
   [Reserved]
(Ord. 1985 c. 10 §§ 1-12; CBC 1985 17-11; Recodified in Chapter XXIII by Ord. 1991 c. 5 § 28)
17-12   SAFETY CONTROL MEASURES IN EVENT OF GAS LEAK OR OTHER EMERGENCIES.
17-12.1   Control Measures Required for Emergency Situations.
   Public utilities or licensed companies maintaining within the city pipelines, conduits, wires or any other system for transmission of natural gas, fuels, water, sewerage, electricity, acids or dangerous substances shall provide control measures to isolate districts or neighborhoods in event of emergency threatening to spread to other districts.
(Ord. 1983 c. 36 § 1; CBC 1985 17-12.1) Penalty, see Subsection 16-32.1
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