[Adopted as § 2-11-5 of the 1972 Code (Ch. 11,
Art. 1, §§ 11-2 through 11-4, of the 1990 Code of Ordinances)]
[Added 3-15-1988 by Ord. No. 88-2; amended 10-21-2003 by Ord. No. 03-10]
Issuance of all licenses listed in Chapter
117, Fees, Article
III, License Fee Schedule, of the Code of the Town of Lincoln shall be contingent upon the current payment of all Town taxes for real estate, tangible and intangible personal property and all other Town financial obligations (including any and all fire district taxes) owed by the prospective license holders and/or by any corporation or other business entity controlled by said prospective license holders. “Control of a corporation or business entity” for the purposes of this section shall mean the prospective license holders have a direct interest in or shall have attributed to them (under the Internal Revenue Service rules of attribution) an interest in said corporation or business entity equal to or greater than 10% of the total ownership interest of said corporation or business entity.
All bonds for licenses and permits shall be
made to the Director of Finance and shall be deposited with and safely
kept by the Director. The Director of Finance shall approve the sureties
presented thereupon and no license or permit shall be issued by the
Town Clerk or any other official before such approval shall have been
given. The Town Solicitor shall approve such bonds as to form and
execution.
[Added 9-19-2000 by Ord. No. 00-10]
A. Upon application to the Town Council by the holder
of a victualling license issued by the Town, and upon a showing by
the applicant of public convenience and necessity, the Town Council
may grant the application for additional hours of operation between
the hours of 2:00 a.m. through 6:00 a.m.
B. The provisions of Subsection
A of this section shall not apply to Sunday for the hours stated therein.
C. The Town Council shall hold a public hearing upon
any such application and shall give the public notice thereof once
per week for three consecutive weeks in a daily or weekly paper of
general circulation in the Town of Lincoln.
D. The annual licensing fee for any license issued hereunder
shall be $100.
[Added 3-22-2004 by Ord. No. 04-3]
A. The holder of any license as enumerated in §
117-6 who shall require or desire the presence one or more detailed (off-duty) Town of Lincoln police officers at its place of business shall arrange for such detailed officer(s) solely and exclusively through the Lincoln Chief of Police or his designee.
B. Except as specifically provided in Subsection
C of this section, the number of officers to be detailed to such a business and the hours of the day for which such officers are detailed are to be determined in the reasonable discretion of the Chief of Police or his designee.
C. In applicable cases, the presence, number, and hours
of the day to which police officers are to be detailed to a place
of business shall conform to the terms and conditions of a valid vote
of the Board of License Commissioners.
D. Payments by a licensee for the services of any detailed
officers hereunder are to be made in a manner, method and upon terms
established by the Chief of Police or his designee.
[Added 9-20-2005 by Ord. No. 05-19]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
HOLIDAY
Includes New Year's Day, Memorial Day, Fourth of July, Victory
Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day (but
only in those years that the Governor by public proclamation designates
it a legal holiday), and Christmas, or on any day on which any enumerated
holiday is officially celebrated.
RETAIL ESTABLISHMENT
Includes any business making sales at retail in the Town of Lincoln, but this definition does not include victualling houses principally serving prepared food for consumption on and off the premises, including those houses enumerated in Chapter
117 of this Code.
B. Licenses for holiday business. A retail establishment
may be open on any day of the year except as specifically prohibited
herein. A retail establishment shall not be open on a holiday unless
licensed by the Town Council pursuant to this section. No license
shall be issued on December 25 of any year or on any Thanksgiving
Day, except to:
(1) Pharmacies licensed under Title 5, Chapter 19.1, of
Rhode Island General Laws; provided, however, that no drug (as defined
in R.I.G.L. 5-19.1-2) requiring a prescription (as defined in R.I.G.L.
§ 5-19.1-2) shall be dispensed or sold unless a licensed
pharmacist-in-charge (as defined in R.I.G.L. § 5-19.1-2)
is available on the premises.
(2) Retail establishments which principally sell food
products as defined in R.I.G.L. § 44-18-30(9) and which
employ fewer than six employees.
(3) Retail establishments principally engaged in the sale
of cut flowers, floral products, plants, shrubs, trees, fertilizers,
seeds, bulbs, and garden accessories.
(4) Retail establishments principally engaged in the sale
and/or rental of video cassette tapes.
(5) Retail establishments principally engaged in the preparation
and/or sale of bakery products.
C. Retail establishments licensed pursuant to this section
may be permitted to open for business during holidays on their normal
business working hours.
D. Retail establishments licensed pursuant to this section shall be exempt from the provisions of Title 25, Chapter
1, of the R.I.G.L. entitled, "Holidays and Days of Special Observance," and those establishments may sell any items sold in the ordinary course of business with the exception of alcoholic beverages.
E. Retail establishments engaged principally in the preparation
and/or sale of bakery products and pharmacies shall be licensed prior
to the sale of those products in accordance with this section.
F. The Town Council may enact and promulgate rules, regulations,
and conditions relating to the granting, holding, and exercising of
licenses hereunder, provided that such rules, regulations, and conditions
are not inconsistent with state law. Any license granted pursuant
to the provisions of this section may be suspended or revoked for
more than two violations of the provisions of this section and/or
any rules, regulations, and conditions promulgated pursuant hereto
that occur within one calendar year.
G. All Class A alcoholic beverage licenses granted pursuant to Chapter
117 of this Code shall permit the Sunday sales in accordance with the terms of Title 3 of the R.I.G.L. and this section, provided that such sales shall not be permitted prior to the hour of 12:00 noon or on Christmas Day, if Christmas shall occur on a Sunday.
H. A license under this section shall not be required
for the sale upon a holiday of gasoline, oil, grease, automotive parts,
automotive servicing, or automotive accessories, or for the conducting
on a holiday by any farmers' market cooperative association of a wholesale
auction market of fruit, vegetables, and farm products, all of which
are declared to be works of necessity.
I. Every licensed or unlicensed person, firm, or corporation,
including its officers and officials, who violates any of the provisions
of their license or the provisions of this section shall be fined
in an amount not exceeding $500 for the first offense and not exceeding
$1,000 for each additional offense. Except as otherwise provided by
R.I.G.L. § 5-23-6, the Town Council may direct the Town
Solicitor to file suit in Providence County Superior Court for the
violation of the provisions of this section, praying for criminal
or civil injunctive or other relief.
J. In addition to the penalties enumerated in Subsection
I of this section, the penalty for opening and operating a business on December 25 of any year or on Thanksgiving Day, unless excepted by this section, is, a fine not exceeding 30% of the sales or proceeds for that day.
[Adopted 11-19-2019 by Ord. No. 2019-10]
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
DIRECTOR
The Director of the Department of Business Regulation.
EVENT PERMIT
A permit that the City issues to the organizer of a public
mobile food establishment event located on public property.
FIRE SAFETY CODE
Shall have the meaning set forth in Chapter 28.1 of Title
23 and shall include any regulations promulgated thereunder.
MOBILE FOOD ESTABLISHMENT CART (MFEC)
A food service operation that is nonmotorized, no larger
than seven feet by five feet, and which is transported to a location
by a separate motorized transport which then leaves the location or
which can be manually pushed or pulled to a location. Any MFEC which
remains attached to the vehicle that transports it to a location shall
be considered an MFET and not an MFEC.
MOBILE FOOD ESTABLISHMENT TRUCK (MFET)
A food service operation that is operated from a movable
motor-driven or propelled vehicle or portable structure. MFETs should
be limited in size so that they take no more than two parking spaces.
REGISTRANT
The holder of a state mobile food establishment registration.
RIDOH
The Rhode Island Department of Health.
TEMPORARY MASS GATHERING
A.
An actual or reasonably anticipated assembly of 200 or more
people that continues or reasonably can be expected to continue, for
two or more hours per day; or an event that requires a more extensive
review to protect public health and safety because the event's nature
or conditions have the potential of generating environmental or health
risks;
B.
Includes but is not limited to "special events" as defined in
the food code regulations promulgated by the RIDOH, and festivals
and concerts;
C.
Shall not include an assembly of people at a location with permanent
facilities designed for that specific assembly.
The purpose of this article is to regulate the retail sale and
distribution of food and beverages from trucks, vans and other moveable
units in the town consistent with R.I.G.L. § 5-11-1.1. The
Council finds that such regulation is necessary to preserve the health,
safety and general welfare of the Town and its inhabitants.
In addition to the information required by R.I.G.L. § 5-11.1-5,
an application to operate an MFE in the Town must include:
A. If the
applicant is a business entity, all trade names and fictitious names
used by the MFE;
B. The current
email address and phone number of the operator of the MRE;
C. A completed
taxpayer status affidavit;
D. Address
where MFE is located when not operating; and
E. Any identifiable
information regarding presence on the internet, including, but not
limited to, website address and social media identifiers.
The Council may revoke or suspend an MFE license issued hereunder
after notice to the licensee and a public hearing for any of the following
causes:
A. Upon receipt
of a written complaint, the request of RIDOH or the State Fire Marshal,
or upon its own initiative, the Town may place on probation, suspend,
revoke or refuse to issue or renew a state MFE registration or may
levy an administrative penalty or any combination of actions, for
one or more of the following causes:
(1) Providing
incorrect, misleading, incomplete or materially untrue information
in the registration application;
(2) Violating
any statutes, rules, regulations, ordinances or policies applicable
to the safe operation of a mobile food establishment, specifically
including the fire safety code and those set forth by the Department,
RIDOH and the State Fire Marshal;
(3) Obtaining
or attempting to obtain a registration through misrepresentation or
fraud;
(4) Having
admitted to or been found to have committed any food safety or fire
safety violation;
(5) Using
fraudulent, coercive or dishonest practices or demonstrating incompetence,
untrustworthiness or financial irresponsibility in this state or in
another place;
(6) Having
a registration or its equivalent denied, suspended or revoked in any
other state, province, district or territory or administrative action
under this section;
(7) Operating
an MFE without a current and valid registration;
(8) Having
its MFE license or fire safety permit denied, suspended or revoked;
(9) Having
a substantive complaint of foodborne illness or food-related illness;
(10) An MFE operator, vendor or principal thereof having been convicted
of or pled nolo contendere to a felony that is relevant to that person's
suitability for an MFE registration; or
(11) Failure to comply with the Town's zoning or other ordinances in operating
the MFE, unless said operation is otherwise permitted hereunder.
B. The Town
shall retain the authority to enforce the provisions of and impose
any penalty or remedy authorized by this section against any person
or entity who is in violation of this article or this title even if
the person or entity's registration has been surrendered or lapsed
by operation of the law.
MFE licenses shall expire annually on March 31 of each year.
Application for renewal of a license shall be submitted by February
15 of each year. It is the obligation of the registrant to timely
renew registration.
In the event any person violates any of the provisions of this
article, he or she shall, upon conviction thereof, be punished by
a fine not exceeding $999. This article shall be effective upon passage.