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RULES REGULATING THE USE AND OPERATION OF LUNCH CARTS

Approved by the Select Board April 8, 2013

Pursuant with Massachusetts General Laws Chapter 140, Section 49, the Select Board adopts the

following rules and orders regulating the use and operation of Lunch Carts in the Town of

Amherst.

Section 1: Definitions

Lunch Cart: Any truck, cart, wagon, or towable unit selling food or beverages; except as

otherwise defined as an Ice Cream Truck under State law.

On-street Lunch Cart: Lunch Carts most practically and reasonably suited for the street;with judgment left to the Select Board in cases of ambiguity.

On-sidewalk Lunch Cart: Lunch Carts most practically and reasonably suited forsidewalks; with judgment left to the Select Board in cases of ambiguity.

Public Way: the streets and sidewalks and commons of the Town of Amherst, under the

authority of the Amherst Select Board

Section 2: Licenses and Permits Required

State Hawkers and Peddlers License

Form MT-1: Meals and All Beverages Sales Tax Registration CertificateTown of Amherst Health Permit

Town of Amherst Application for a Lunch Cart License

Section 3: Location of Lunch Carts

A) Downtown Public Way

1) On-Street Lunch Carts: May operate in legal public parking spaces in the following

locations:

West side of the Town Common, South of Spring Street

West side of Kendrick Park

North and east sides of Sweetser Park

On-street Lunch Carts may use any of these locations and move freely among them unlessotherwise specified by the Select Board at the time of licensing or during any subsequent license

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adjustment the Select Board may deem necessary, which would include prior notice to the

licensee.

Lunch carts may not operate in handicap spaces, commercial loading zones or other restricted

parking spaces.

2) On-Sidewalk Lunch Carts: May operate in a manner and position that does not impede

sidewalk passage in the following locations:

West side of the Town Common, South of Spring Street

West side of Kendrick Park

North and east sides of Sweetser Park

In front of St. Brigids Church

Realignment Park at corner of North Pleasant and Hallock (south of Kendrick Park)

In front of the South Pleasant St. section of Bank of America, south of the crosswalk,by the benches

In front of the Jones Library Plaza area in front of Unitarian Meetinghouse

On-sidewalk Lunch Carts will be approved for one or more of these locations by the Select

Board at the time of licensing, or during any subsequent license adjustment the Select Board maydeem necessary, which would include advance notice to the licensee. Due to the different

characteristics of each cart and each sidewalk space, all locations may not be appropriate for all

carts. Any change in location for on-sidewalk Lunch Carts beyond the one or more locationsapproved at licensing requires approval from the Select Board.

B) Locations Outside of the Downtown Area

Lunch Cart locations outside of the downtown area but in the public way or on Town property

will be considered on a case-by-case basis.

Section 4: Parking Fees and Rules for On-Street Lunch Carts

On-Street Lunch Carts must pay applicable parking fees. They are exempt from the time limits

on the parking meters, but must pay the meter fees during all enforcement hours.

No overnight parking is allowed by Lunch Carts.

Section 5: Space Availability

Availability of parking or sidewalk spaces at the approved locations is not guaranteed and cannot

be reserved ahead of time.

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Section 6: Hours of Operation

Hours of operation shall be as approved by the Select Board. Lunch Carts may not occupyapproved locations outside of the hours of operation, and they may not occupy the approved

locations when they are not open and not operating.

Section 7: Not Impeding Roadway Traffic

Lunch Carts may not conduct business with people in vehicles. Customers stopping or parkingvehicles in a vehicle or bicycle travel lane near the Lunch Cart should be discouraged by the

Lunch Cart operator, as this presents a roadway impediment and safety hazard, and could result

in the Select Board discontinuing that location for Lunch Cart operation.

Section 8: Music and Amplification

Lunch Carts may not play loud music or use any kind of sound amplification to attract

customers.

Section 9: Trash and Recycling

Lunch Carts must provide trash and/or recycling receptacles if their customers are likely to have

disposal needs at the Lunch Carts location.

Lunch Cart operators must arrange for disposal of their commercial trash and recycling, and are

prohibited from using public receptacles for that purpose.

Section 10: Limitation on Available Licenses

Up to six on-street Lunch Cart licenses and up to four on-sidewalk Lunch Cart licenses can beissued per calendar year.

Section 11: Concerns and Complaints about Lunch Cart Operations

Concerns and complaints received by the Town about Lunch Cart operations will be handled bythe appropriate enforcement officials, with license review by the Select Board as it deems

necessary.

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Section 12: Penalties for Non-Compliance

The Select Board has the option to revoke or not to renew any Lunch Cart license due to failureto comply with these regulations.

Section 13: Review and Alteration of Regulations

These regulations shall be reviewed and revised by the Select Board at its discretion, providing at

least ten days public notice of the meeting date at which review and revision will be considered,and providing written notice to current lunch cart licensees.