The Department of Public Safety (“Department”) is proposing adopting 520 CMR 15.00 relative to the permitting of ice cream truck vendors. The proposed regulation implements G.L. c. 270, § 25, which was added by section 122 of chapter 256 of the Acts of 2010, and authorizes the Department to adopt regulations relative to the annual permitting of ice cream truck vendors. The issuance of the permits and enforcement of the fines will be done at the local level.
The purpose of the ice cream truck vendor regulation is to establish uniform standards and requirements for the issuance of permits to engage in ice cream truck vending, which is defined as the selling, displaying or offering to sell ice cream or any other prepackaged food product from an ice cream truck. Any person who sells, displays, or offers to sell ice cream from an ice cream truck, or any person who drives or operates such a vehicle, is deemed to be an ice cream truck vendor. Pursuant to the proposed regulation, no person will be permitted engage in ice cream truck vending or operation without a valid permit issued by the chief of police, the board or an officer having control of the policy in a city or town, or an authorized third party. In order to obtain a permit, the applicant must complete and submit an application form to the designated permit issuing authority. Any application that is submitted to the designated permit issuing authority is subject to a state and national criminal history investigation to determine applicant eligibility. The proposed regulation also restricts all permitting authorities from issuing an ice cream truck vending permit to any sex offender as defined by G.L. c. 6, § 178C.
The Department intends to hold a public hearing on this regulation on December 12, 2012, at 10am at One Ashburton Place, Ashburton Café, Boston, MA. Anyone who desires to be heard on these matters should appear at the designated time and place or forward written comments to the Department to the attention of Theresa Lepore at theresa.lepore@state.ma.us.. The proposed regulation can be found here 
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