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The criminal background check is required by statute. M.G.L. c. 270 § 25 directs the Department to draft regulations which include a requirement that a Permitting Authority conduct an investigation into the criminal history of a permit applicant to determine his or her eligibility.
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If you engage in Ice Cream Truck vending or operation, this regulation requires that you obtain a permit from the Permitting Authority within the municipality where you live or plans to operate the Ice Cream Truck.
Every person who intends to engage in Ice Cream Truck vending must obtain a valid permit issued by the Permitting Authority. Ice Cream Truck vending is defined as the selling, displaying or offering to sell ice cream or any other prepackaged food product from an Ice Cream Truck.
No. The regulation provides that every person who intends to engage in ice cream truck vending must obtain a permit and defines an ice cream truck as any motor vehicle used for selling, displaying, or offering to sell ice cream. If your truck does not carry ice cream products, then you will not be required to obtain a permit.
There are two ways to obtain a permit: either by applying to the municipality where the applicant lives or by applying to the municipality where the applicant plans to operate the Ice Cream Truck. An applicant who obtains a permit in the municipality where he or she lives may operate without restriction in any other municipality. However, an applicant who obtains a permit in a particular municipality where he or she intends to operate is restricted to operating in that municipality.
Applicants may obtain a Department-approved permit application from their local Permitting Authority.
Permitting and enforcement will all be done by the local Permitting Authority and not the Department of Public Safety. Please direct all inquires to your local Permitting Authority.
The Permitting Authority is the chief of police or the board or officer having control of the police in a city or town. The Permitting Authority may also be a person authorized by the chief of police, the board or officer.
Yes, a validly issued permit must be conspicuously displayed and clearly visible on the windshield of the Ice Cream Truck.
Yes, every person who intends to engage in ice cream truck vending is required to obtain a permit.
No, the information contained in an applicant’s criminal record will be used solely for the purpose of determining the applicant’s eligibility for a permit.
Based on the results of the investigation into the applicant’s criminal history, the Permitting Authority will determine the applicant’s eligibility. However, in no case will a permit be issued to a person who is a sex offender as defined by M.G.L. c. 6 § 178C.
The Permitting Authority of the municipality where the applicant applies will determine whether to require a fee for conducting the requisite criminal background check.