This classification applies to employers that operate under concessionary agreements to sell prepared or prepackaged hot and cold food items, including but not limited to hot dogs, hamburgers, pretzels, french fries, popcorn, nachos, ice cream, candy, funnel cakes, soft drinks and alcoholic beverages at ball parks, racetracks, theaters, concert venues and amusement and recreational facilities.
Employers that operate under concessionary agreements to sell items other than food and beverage products shall be classified depending on the products sold.
This classification does not apply to food and beverage vendors selling at locations other than those specified. Mobile food vendors engaged in the retail sale of packaged and cold foods and beverages from food trucks, trailers, carts or temporary booths, including the incidental storage of such merchandise, shall be classified as 8017(1), Stores — retail, 8078(1), Sandwich Shops, 8078(2), Beverage Preparation Shops, or 8078(3), Ice Cream or Frozen Yogurt Shops, depending on the products sold. The operation of mobile food trucks, trailers, carts or temporary booths wherein hot food is prepared for sale to customers shall be classified as 9079(1), Restaurants or Taverns.
| Shown below is the previously published phraseology and footnote | Effective Date |
|---|---|
Phraseology: CONCESSIONAIRES — dispensing food and beverage items at ball parks, racetracks, theaters, concert venues and amusement and recreational facilities This classification does not apply to vendors selling at locations other than those specified. Such vendors, including street vendors, shall be classified based upon the operations performed. Footnote: This classification applies to employers that operate under concessionary agreements to sell prepared or prepackaged hot and cold food items, including but not limited to hot dogs, hamburgers, pretzels, french fries, popcorn, nachos, ice cream, candy, funnel cakes, soft drinks and alcoholic beverages at ball parks, race tracks, theaters, concert venues and amusement and recreational facilities. Employers that operate under concessionary agreements to sell items other than food and beverage products shall be classified depending on the products sold. This classification does not apply to food and beverage vendors selling at locations other than those specified. Mobile food vendors engaged in the retail sale of packaged and cold foods and beverages from food trucks, trailers, carts or temporary booths, including the incidental storage of such merchandise, shall be classified as 8017(1), Stores – retail, 8078(1), Sandwich Shops, 8078(2), Beverage Preparation Shops, or 8078(3), Ice Cream or Frozen Yogurt Shops, depending on the products sold. The operation of mobile food trucks, trailers, carts or temporary booths wherein hot food is prepared for sale to customers shall be classified as 9079(1), Restaurants or Taverns. | 1/1/2021 |
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