[HISTORY: Adopted by the Town of Sanford 5-26-1998; amended in its entirety by the City
of Sanford 2-6-2018 by Order No.
17-159-01. Subsequent amendments noted where applicable.]
In general, all words, phrases, and terms used in this chapter
shall have their customary and usual meanings; as used in this chapter,
the following words, phrases, and terms shall have the meaning indicated.
Any vehicle, cart, and trailer, including a lunch wagon,
which is used for the sale therefrom at retail of any prepared food,
sandwiches, drinks, ice cream or similar dairy product and travels
from place to place for the sale thereof, but does not include vehicles
used for the transportation of milk and dairy products or bread and
bakery products for sale or delivery to homes and business establishments,
and shall include a mobile vending unit operating for a temporary
period in connection with a fair, carnival, circus, public exhibition
or other similar gathering.
Any restaurant, coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich stand, soda fountain, catering service and
all other eating or drinking establishments, including kitchens or
all other places, in which food or drink is prepared for sale on the
premises or elsewhere, but not including premises operated by City
departments, or charitable and civic organizations, or by business
concerns whose prime purpose is serving their employees.
A person who serves food or drink prepared for consumption
on or off the premises, which includes but is not limited to a "restaurant"
or a "mobile vending unit" as herein defined, but specifically shall
not include the operation of a farm stand selling homegrown produce
or sale of food or drink from a temporary sidewalk stand operated
by minors immediately adjacent to their residence.
The provisions of this chapter apply to victualers within the
City of Sanford.
No person, firm, or corporation shall operate as a victualer
until such person, firm, or corporation first obtains a license for
such purpose from the City Clerk. Licenses under this chapter shall
not be issued unless the City Clerk receives affirmation from the
inspection team that the applicant's proposed operation meets all
applicable requirements. Any person carrying out such activity without
a license is in violation of these provisions. Failure to comply with
any of these requirements shall be deemed in violation of this chapter
and is adequate grounds for the denial, revocation, or suspension
of a victualer license.
License applications under this chapter shall be processed according to the procedures established in this chapter and Chapter 149, Licensing. A license may be issued to a victualer after the annual fee required has been paid through the City Clerk's Office. The fee for a victualer license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for victualers.
A.
Restaurant application for license. A license application shall be made to the City Clerk on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing, a copy of a valid State of Maine food or eating license.
B.
Mobile vending unit application for license. A license application shall be made to the City Clerk on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing:
(1)
The license plate number of the vehicle and/or trailer, VIN numbers
for vehicle and trailers, copy of vehicle registrations, color pictures
from at least two angles, including maximum length and width;
(2)
Copy of a valid State of Maine food or eating license;
(3)
Completed State checklist for mobile vending units; and
(4)
Certificate of insurance for public liability in the amount of at
least $400,000 for mobile vending units.
A license pursuant to this chapter may only be issued to the
person named and for the address or mobile vending unit provided on
the approved license application. Only one license may be issued for
each address or mobile unit and person named on the approved license
application. No transfer of a license is allowed between the names
or addresses or mobile units; any change of ownership or retail address
or mobile unit requires a new license.
Except as otherwise permitted, licensed, or sponsored by the
City Council in connection with a festival or special event approved
by the City Council:
A.
Mobile vending units and customer queuing may not be situated in
a manner that will obstruct the free passage of pedestrians or vehicles,
obstruct an entrance or exit, obstruct a fire lane, or obstruct access
to a fire hydrant;
B.
Mobile vending units must be self-contained during operation and
shall provide trash and recycling receptacles in contact with the
mobile vending unit;
C.
Mobile vending units may not operate within 150 feet of the property
boundary of any licensed restaurant premises;
D.
Mobile vending units shall comply with all parking rules and regulations
and all rules for occupying the street;
E.
Mobile vending units may operate from 7:00 a.m. to 10:00 p.m.;
F.
Mobile vending units must be moved to a location more than 100 feet
in distance no less than once every 12 hours;
G.
Mobile vending units may not be parked overnight on City streets
or in City parking lots; and
H.
Mobile vending units may operate on private property in all zones
where mobile vending units are allowed with the permission of the
property owner and unless prohibited by an approved site plan or lack
thereof.
No mobile vending unit shall have any exclusive right to any
location in the public street, nor shall any mobile vending unit be
permitted a stationary location, nor shall any mobile vending unit
be permitted to operate in any congested area where the operation
of the mobile vending unit might impede or inconvenience the public
or in such a manner that is a nuisance to surrounding properties.
For the purposes of this chapter, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced.
Any person who violates any provision of this chapter or the
terms of the license may be penalized in the following manner:
A.
Temporary suspension. The Code Enforcement Officer or Police Department,
with prior approval of the City Manager or his/her designee, is authorized
to immediately and temporarily suspend any license. The City Manager
or his/her designee shall determine if the licensed premises has not
met the requirements of the license.
B.
Revocation. The Code Enforcement Officer or Police Department, with
prior approval of the City Manager or his/her designee, is authorized
to immediately revoke any license. The City Manager or his/her designee
shall determine if the licensed premises has not met the requirements
of the license.
C.
Unlicensed victualer. Any person operating any restaurant or mobile
vending unit failing to apply for a victualer license and pay the
required fee shall be in violation of this chapter, and such violation
is a civil penalty enforced by the Police Department and subject to
a fine in the amount of $100 in addition to any other fines for violating
this chapter and the fee for licensing the victualer.
D.
Civil penalties. In addition to any other fines or penalties for
violating any provisions of this chapter or the terms of the license,
violation of this chapter is a civil penalty enforced by the Police
Department. In any such proceeding, the City may order that the licensee
or unlicensed victualer abate any violations, pay a penalty between
$100 and $2,500 per violation, per day, and pay the court costs, attorneys
and expert witness fees incurred by the City.
If any clause, sentence, paragraph, section, article, or part
of this chapter or of any ordinance included in this Code or through
supplementation shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
