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Town of Kittery, ME
York County
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Table of Contents
Table of Contents
This chapter is known as the "Town Lunch Wagon, Mobile Unit or Roving Diner License Ordinance" and is referred to hereinafter as "this chapter."
The purpose of this chapter is to control the issuance of licenses for lunch wagons, mobile units or roving diners in the Town.
As used in this chapter, the following terms shall have the meanings indicated:
LUNCH WAGONS, ROVING DINERS or MOBILE UNITS
Any mobile vehicle or unit used to prepare, sell or serve food at a number of sites and capable of being moved from its serving site at any time.
No person may operate any type of lunch wagon, mobile unit or roving diner within the Town unless licensed to do so by the Town, unless specifically waived by the Town. Applications for lunch wagon, mobile unit or roving diner licenses are to be made in writing upon forms supplied by the Town Clerk and state the name of the applicant, residence and mailing addresses, the name of the business to be conducted, business address, the location(s) to be used, residence and business telephone numbers, and the date of the application. Upon receipt of the application, the Town Clerk shall refer the same to the Code Enforcement Officer for a determination to assure compliance with the ordinances, statutes and regulations of the Town of Kittery and State of Maine.
A. 
The municipal officers shall hold a hearing on any original application for a license for a lunch wagon, mobile unit or roving diner within 30 days of the date of the request received, at which time the testimony of the applicant and that of any interested members of the public is to be taken. The applicant must be notified of the hearing date.
B. 
The municipal officers shall grant a license unless they find that issuance of such license will be detrimental to the public health, safety or welfare or would be in violation of any Town or state ordinance, rules or regulations.
The municipal officers may, after a public hearing, suspend or revoke any license for noncompliance with the ordinances, statutes and regulations of the Town of Kittery and State of Maine.
Every person licensed to operate a lunch wagon, mobile unit or roving diner must pay to the Town Clerk an annual fee as set out in Appendix A. All licenses, unless otherwise provided, are for 12 months' duration.[1]
[1]
Editor's Note: See § A-10.
No lunch wagon, mobile food unit or roving diner may operated or be stationed in any Town roadways or parks, except at Town-sponsored special events:
A. 
In such a manner as to obstruct or impede the normal flow of vehicular or pedestrian traffic or to expose any pedestrian to a risk of injury;
B. 
On any Town sidewalks; or
C. 
In such a way that any part of the equipment overhangs private property, unless the owner of the unit has authorization from the property owner in writing.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).