Massachusetts Concession Stand Laws

eHow
June 22, 2011

Concession stands play a central role in Americana, headlining at sporting events and county fairs, but operating a concession stand is a big business venture in a small package. Like any food vendor, concession stand operators must follow strict guidelines regarding public health and permits, and must also consider factors like mobility. These icons of American culture can be highly lucrative with the proper paperwork.

Permits and Licenses
To protect public health and safety, cities and counties require permits for vendors to operate on public property. If the concession stand is mobile, the vendor must obtain individual permits for each county he intends to operate in. The City of Boston, for example, issues vending licenses for stationary vendors at specific, fixed locations. Food trucks are considered separate from concession stands and do not fall under the same licensure in Boston. Food vendors must also obtain a health license from the city or county. The Massachusetts Division of Health Inspection conducts an initial inspection and at least one additional inspection per year. The city or county may also require a fire safety inspection.

Insurance
In order to obtain licenses, the vendor must show proof of proper insurance. Cities' and counties' requirements may differ, but property and liability policies are standard. Property insurance protects the concession stand and equipment within from natural disasters, and other policies can be added to meet the vendor's needs, such as insurance against riots and civil commotion. Liability insurance protects the vendor from fault in case of customer injury. The City of Boston requires a $500,000 liability policy. If the stand is mobile, commercial car insurance will also be required.

Zoning
Zoning laws differ from city to city. Generally, stationary concession stands must be built in commercial zones. Residential neighborhoods and private property are generally off-limits, but leasing space in areas like malls and stadiums ensures a concession stand is among heavy foot traffic. Massachusetts cities adopt various zoning schemes to promote development and prosperity. Check the city's zoning laws to avoid fines.

Tax Information
A Massachusetts state tax number is required to complete the permit application. A sales tax account number is also required, as all sales are taxable. Sales tax accounts are obtained through the Massachusetts Department of Revenue. If the vendor plans to hire employees, an Employer Identification Number will be required, which is provided by the U.S. Department of Treasury.

References
City of Boston Public Works: Permits
Food Service Warehouse: Concession Rules, Regulations and Licenses
Massachusetts Trial Court Law Libraries: Massachusetts Law About Zoning

Resources
A Touch of Business: How to Start a Concession Stand
City of Boston: Vendor Application