Town of Adams, MA
Berkshire County
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[HISTORY: Adopted by the Annual Town Meeting of the Town of Adams 6-19-2017 by Art. 19. Amendments noted where applicable.]
The Massachusetts Department of Public Safety requires, pursuant to 520 CMR 15.00, each municipality to issue permits to person engaging in ice cream vending.
For the purpose of this chapter, the following definitions shall apply:
Any frozen dairy or frozen water-based food product.
Any motor vehicle used for selling, displaying, or offering to sell ice cream.
The selling, displaying, or offering to sell ice cream or any prepackaged food product from an ice cream truck.
Any person who owns, sells, displays, or offers to sell ice cream from an ice cream truck or any person who drives or operates such a vehicle.
No person shall engage in ice cream truck vending within the Town of Adams unless the applicant has been issued a valid permit to do so by the Chief of Police or his designee. Said permit shall only be valid for use within the Town limits. A separate permit is required for every person who engages in ice cream truck vending/operation.
Only the Department of Public Safety's uniform application and permit form will be utilized. The permit shall include a current color photograph of the applicant, encased in plastic. Permits shall be numbered, sequentially, as granted and will also be encased in plastic.
In order to obtain an initial permit, or to renew a permit, each applicant shall submit the following to the permitting authority:
A completed uniform application;
A copy of his/her fingerprints;
Two current color photographs (1.5 inches by two inches); and
A valid driver's license.
Upon receipt of the permit application or application for renewal, the Chief of Police or his/her designee shall conduct an investigation into the criminal history of the applicant to determine eligibility. The investigation shall include performing a state and national criminal history records check as authorized by MGL c. 6, § 172B 1/2. As part of this investigation, the Chief of Police or his/her designee shall ensure that the identity of the applicant is true and accurate and, in the case of a renewal, that the applicant is linked to the original permit number.
The Police Department shall collect an administrative fee upon issuance of each permit.
Both initial and renewal permits shall expire annually on January 1.
All permits issued shall be conspicuously displayed and clearly visible on the windshield dash of any ice cream truck operated or from which ice cream or any prepackaged food product is sold.
The Chief of Police or his/her designee may deny issuance of a permit or revoke a permit for just cause. Pursuant to 520 CMR 15.05, no permit shall be issued to any person who is a sex offender, as defined by MGL c. 6, § 178C. Upon denial of the issuance or revocation of a permit, an applicant shall have the right of appeal to the Board of Selectmen. All such appeals must be made in writing and addressed to the Board of Selectmen. Appeals may be heard in accordance with the scheduling of the Board. The decision of the Board of Selectmen shall be final and binding. No such right of appeal shall attach to the denial of a permit of an applicant who is a sex offender.
Whoever conducts himself/herself as an ice cream vendor/operator with a valid Town of Adams issued permit or with an expired permit, or whoever improperly displays a permit, shall be subject to a fine of no more than $100 for the first offense, $200 for the second offense, and $300 for a third or subsequent offense.
Every ice cream vendor/operator shall comply with all state motor vehicle laws, regulations specific to the operation of ice cream trucks, Town Bylaws, and health codes, as well as any zoning or Department of Public Works regulations that may restrict or prohibit vending in certain areas. Violation of any such law, regulation, bylaw, or health code shall be grounds for the revocation of the vendor's permit.