As used in this article, the following terms shall have the
meanings indicated:
Pursuant to R.I.G.L, § 5-11.1-3(5), a food service
operation that is operated from a movable motor-driven or propelled
vehicle, portable structure, or watercraft that can change location.
Mobile food establishments specifically includes, but is not limited
to, food trucks, food carts, ice cream trucks/carts, and lemonade
trucks/carts.
Pursuant to R.I.G.L., § 5-11.1-3(7) a person or
corporate entity who or that owns, manages, or controls, or who or
that has the duty to manage or control the operation of a mobile food
establishment.
Pursuant to R.I.G.L., § 5-11.1-3(8) a person who
prepares, sells, cooks, or serves food or beverages from a mobile
food establishment.
Pursuant to RIGL § 5-11.1-3(9) a "municipal mobile
food establishment permit" issued by the City to a mobile food establishment
operator that possesses a current state mobile food establishment
registration.
Mobile food permit issued to a mobile food establishments, that
temporarily parks on a public street or private property and engages
in the service, sale or distribution of food, prepared on site, to
the general public directly from the vehicle.
Mobile food transient permit issued specifically to an ice cream/lemonade
truck or catering trucks, who sell prepackaged or preprepared foods,
who may travel in/into residential districts and are transient in
nature, moving at least every 15 minutes.
The provisions of this article apply to mobile food establishments
engaged in the business of cooking, preparing and/or distributing
food or beverage with or without charge upon or in public and private
restricted spaces.
A.
It shall be unlawful for any person to operate within the City a
mobile food establishment without having obtained a permit from the
City Clerk for that purpose.
B.
A person desiring to operate a mobile food establishment shall apply
for such permit or renewal of such permit to the City Clerk. The application
for a permit or a renewal of permit shall be provided by the City
Clerk and shall include the following:
(1)
Name, phone number, e-mail contact and business address of the applicant.
(2)
If utilizing private property, any mobile food establishment permitted under the provisions of this article must have a letter in their possession from the owner of the property on which he or she is selling authorizing the establishment to sell upon the property. This authorization must be current and must state for how long the permission is granted, but in no event will same authorization be valid for a period of more than one year. If participating in a licensed special event, then the event holder may be the one to hold this letter in their possession from the property owner for use of the private property. (See Article III, Special Events).
(3)
Copy of the RI Department of Business Regulations mobile food establishment
registration.
(4)
Any person applying for a permit under the provisions of this article
shall sign a hold-harmless agreement indemnifying the City of Pawtucket,
its officers, agents and employees from any liability arising out
of or in the course of his or her business or the granting of a license
for same.
It is further required that any person applying for a permit
under the provisions of this article sign a hold-harmless agreement
indemnifying the City of Pawtucket, its officers, agents and employees
from any liability arising out of or in the course of his or her business
or the granting of a permit for same.
A.
The fee for the issuance of a permit granted pursuant to this article
shall be $75. Each mobile food or stationary food establishment shall
be separately permitted, and the permit fee chargeable hereunder shall
be paid for each such establishment.
B.
Upon application by an existing restaurant situs located in the City
of Pawtucket to obtain a mobile food establishment permit, the fee
for each mobile food permit granted pursuant to this article shall
be $50 per permit.
A.
In accordance with R.I.G.L. § 5-11-7, the City Council
may grant and the City Clerk may issue to a veteran, for a term not
exceeding one year continuously, a nontransferable license without
requiring payment of the permit fee, provided that the veteran is
able to satisfy the following conditions:
(1)
The veteran has resided in the state for two consecutive years preceding
the date of application for such license.
(2)
The veteran served the United States of America faithfully and honorably
in time of war.
(3)
The veteran is able to present satisfactory evidence that he or she
is the person who so served and produce the certificate of his or
her honorable discharge from military service.
B.
Any person who makes a false representation for the purpose of obtaining
a permit under this section shall have said permit automatically revoked.
All permits issued under the provisions of this article shall
be for a term consecutive with the state mobile food registration
unless sooner revoked or voided under the provisions of this article.
All permits issued under the provisions of this article shall
authorize only the person named therein to sell and offer for sale
as aforesaid. No permit issued under the provisions of this article
shall be transferable. A permit is valid for one vehicle only and
shall not be transferred between vehicles.
A.
No operator of a mobile food establishment shall park, stand or move
a vehicle and conduct business within areas of the City where the
permit holder has not been authorized to operate.
B.
The customer service area for mobile food establishments shall be
on the side of the truck that faces a curb, lawn or sidewalk when
parked/stopped. No food service shall be provided on the driving-lane
side of the truck. No food shall be prepared sold, or displayed outside
the mobile food establishments.
C.
No mobile food establishment shall provide or allow any dining area within 10 feet of the mobile food vehicle, including, but not limited to, tables and chairs, booths, stools, benches or stand-up counters on a sidewalk in violation of § 351-13.
D.
Customers shall be provided with single-service articles, such as
plastic utensils and paper plates, and a waste container for their
disposal. All mobile food establishments shall offer a waste container
for public use which the vendor shall empty at its own expense. All
trash and garbage originating from the mobile food operations shall
be collected and disposed of off site by the operators each day. Spills
of food or food by-products shall be cleaned up, and no dumping of
gray water, grease, or anything on the streets is allowed.
E.
No mobile food establishment, mobile food operator or vendor shall
make or cause to be made any unreasonable or excessive noise. The
operation of all food vehicles shall meet the City Noise Ordinance,[1] including generators. No loud music, other high-decibel
sounds, horns, or amplified announcements are allowed.
F.
No flashing or blinking lights or strobe lights are allowed by mobile
food establishments or related signage when the vehicle is parked
and engaged in serving customers. All exterior lights with over 60
watts shall contain opaque hood shields to direct the illumination
downward.
G.
Mobile food establishments, when parked on public streets, shall
be parked in conformance with all applicable parking restrictions
and shall not hinder the lawful parking or operation of other vehicles.
H.
Mobile food establishments shall be allowed to operate from 6:00
a.m. to 12:00 midnight, seven days a week, including holidays.
I.
A mobile food establishment shall not: (1) be parked on the street
overnight: or (2) be left unattended and unsecured at any time food
is in the vehicle. Any mobile food establishment found to be in violation
of Subsection I(1) or (2) above shall be considered a public safety
hazard and may be ticketed and towed away.
J.
The issuance of a mobile food establishment permit does not grant
or entitle the vendor to the exclusive use of any legal public spot
within the prescribed territorial limits.
K.
No mobile food establishment shall use external signage, bollard,
or other equipment not contained within the vehicle. When extended,
awnings for mobile food vehicles shall have minimum clearance which
does not present a hazard to pedestrians.
L.
Any power required for the mobile food establishment located on a
public way shall be self-contained and a mobile food establishment
shall not use utilities drawn from the public right-of-way. Mobile
food establishments on private property may use electrical power from
the property being occupied or an adjacent property, but only when
the property owner provides written consent to do so. All power sources
must be self-contained. No power cable or equipment shall be extended
at or across any City street, alley or sidewalk.
M.
No mobile food establishments shall operate in violation of the land
use, zoning or other ordinances of the City of Pawtucket.
The following limits further define where a mobile food establishments
can and cannot operate:
A.
Not in a residential zone, unless part of a duly licensed special event. (See Article III, Special Events) or unless the operator has a mobile food transient permit.
B.
Not within 200 feet of any open brick-and-mortar restaurant.
C.
Not within 200 feet of any public or private school, or municipal park, unless specifically part of a duly licensed special event. (See Article III, Special Events.) However, nothing in this section shall be deemed or construed to be an exception to the rules and regulations of the Division of Parks and Recreation as the same pertain to vendors/concessionaires.
D.
Not within 10 feet of driveways, bus stops or crosswalks.
E.
Not in a handicap parking area or no-parking zone.
F.
Not within 500 feet of any fair, festival, special event or civic event that is licensed or sanctioned by the City unless the vendor has obtained permission from the event sponsor and is duly licensed or has a special event permit issued by the City of Pawtucket. (See Article III, Special Events)
G.
Not in an area where such operation is deemed by the Chief of Police,
or his/her designee, to endanger or inconvenience the general public
or where there is determined to be a disturbance of the peace.
H.
Not on private property without the written permission of the owner of the property, and such permission shall be available at all times, unless permission was granted to the holder of a special event, and the special event holder has the written permission from the owner. (See Article III, Special Events)
Each person granted a permit in accordance with the provisions
of this article shall conspicuously exhibit the permit at all times
while selling within the City limits.
A.
Any person violating any of the provisions of this article may be
subject to denial, suspension or revocation of the municipal permit
after a hearing before the City Council.
B.
Every individual sale or offer for sale made contrary to the provisions
of this article shall be deemed and construed as a distinct and separate
offense, and the person making the sale or offer of sale shall be
prosecuted therefor in the manner herein prescribed.
C.
Upon the cancellation or revocation of any permit, the person holding
the permit shall surrender or return the same to the City Clerk or
his/her designee.
If any provision of this article is to be held invalid by a
court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions, which shall remain
in full force and effect.
