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 for
sidewalks; 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 Certificate
Town 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 unless
otherwise specified by the Select Board at the time of licensing or during any subsequent license

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 may
deem 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 locations
approved 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.

Section 6: Hours of Operation

Hours of operation shall be as approved by the Select Board. Lunch Carts may not occupy
approved 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 parking
vehicles 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 be
issued 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 by
the appropriate enforcement officials, with license review by the Select Board as it deems
necessary.

Section 12: Penalties for Non-Compliance

The Select Board has the option to revoke or not to renew any Lunch Cart license due to failure
to 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.