[HISTORY: Adopted by the City Council of the City of Gardner 3-20-2023 by Ord. No. 1665. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
MOBILE FOOD OPERATION
A food service operation that is operated from a moveable
vehicle, has the capability of changing location, and does not remain
at any one location for more than 40 consecutive days with all licenses
under applicable law.
A. Mobile food operations, as defined herein, are permitted to operate
in all residential zoning districts by special permit of the Zoning
Board of Appeals per the requirements of the Zoning Ordinance, and
licenses under applicable law.
B. Special permit from the Zoning Board of Appeals is not required for
mobile food operations permitted to operate on property owned by the
City of Gardner. Mobile food operations are permitted to operate in
City parks with a permit granted by the Director of Public Works or
their designee, and licenses under applicable law.
C. Mobile food operations may operate for one day in residential districts,
per month, without a special permit from the Zoning Board of Appeals,
with licenses under applicable law.
A. Mobile food operations are permitted to operate in all other nonresidential
zoning districts, with a special permit granted by the Zoning Board
of Appeals, and licenses under applicable law, In order to insure
that the ability to maintain compliance with parking, safety and accessibility
requirements of the principal uses on the site is maintained.
B. Mobile food operations are permitted to operate in City of Gardner
parks with a permit granted by the Director of Public Works or their
designee, with licenses under applicable law.
C. Mobile food operations are permitted to operate on privately owned
land if evidence of ownership, lease, or special permission from the
property owner is provided to the Building Commissioner, following
the issuance of a special permit as required by the provisions of
this chapter of the City Code.
D. Mobile food operations may be authorized to operate on all other
publicly owned land by permission of the Office of the Building Commissioner
and Mayor, so long as they hold all licenses under applicable law.
A. All mobile food operations operating within the City of Gardner will be required to obtain a City of Gardner hawkers and peddlers license, per Chapter
428 of the Code of the City of Gardner.
B. Mobile food operations participating in City festivals may operate
without a City of Gardner hawkers and peddlers license if they have
obtained a hawker-peddler license from the Commonwealth and provide
a copy of this to the Chief of Police at least 30 days before the
event.
A. All mobile food operations operating within the City of Gardner for
any period of time will be required to register with the Gardner Department
of Public Health, subject to the provisions of the General Laws of
the Commonwealth.
A. All provisions of this chapter are severable. If for any reason any
provision of this chapter is held to be invalid, the validity of the
remainder of the chapter shall not be affected.