These licensing criteria recognize the desire of the Town of
Wells to promote economic development through the encouragement of
food trucks, while also regulating the impact of such trucks on the
traffic and public safety of the Town.
As used in this article, the following terms shall have the
meanings indicated:
OPERATE
To sell food, beverage, and other permitted items from a
food truck.
OPERATOR
Any person operating or permitted to operate a food truck.
This article is enacted by the Board of Selectmen in accordance with its general ordinance enactment authority, pursuant to 30-A M.R.S.A. § 3009, §
2.06(4) of the Charter of the Town of Wells, as well as its general home rule authority.
An application for a food truck license shall be filed with
the Town Clerk on forms provided by the Town Clerk and shall be accompanied
by the appropriate nonrefundable license fee as indicated by Section
150 Attachment 1. The application shall be verified under oath and
shall provide at least the following information:
A. The name and address of the applicant.
B. The operating name of the food truck.
C. Any prior experience in operating a food truck possessed by the applicant.
D. The names of all employees of the food truck.
E. The vehicle information number and license plate number for each
food truck.
F. Photographic representations of the exterior of the food truck, as
well as of the interior areas in which food will be prepared.
G. The address of the location, if different from the food truck itself,
where any and all edible foodstuffs held out for sale by said food
truck are prepared.
H. A copy of any and all licenses, permits, and authorizations issued
to the operator by the State of Maine, including but not limited to
a driver's license, and food safety permits and inspections conducted
by the Maine Departments of Agriculture and Health and Human Services.
Food trucks shall obtain and provide proof of, at a minimum,
motor vehicle insurance, as required by state law, and business insurance
with a minimum coverage limit of $1,000,000.
Notwithstanding the issuance of a general food truck license, pursuant to §
150-149, a food truck is required to seek additional approval and/or permits due to their intended location of operation, as follows:
A. Rights-of-way and public property. Food trucks may not operate on public property, including but not limited to in public streets, rights-of-way, parking lots, and recreational areas, unless such food trucks operate pursuant to a properly licensed outdoor festival or special amusement permit, pursuant to Article
VI or Article
VII of this chapter.
B. Private property. Food trucks may only operate on private property
after:
(1)
Receiving site plan approval from the Planning Board, pursuant to Chapter
145, Article
X, of this Code of Ordinances, and all food trucks shall be reviewed as a "fast food restaurant" use as defined in §
145-10 of this Code:
(2)
Pursuant to a validly issued outdoor festival, special amusement,
or mass gathering permit; or
(3)
In situations where additional municipal approvals are necessary, as detailed in §
150-150B above.
Food trucks may only operate beginning at 7:00 a.m. and ending
at 9:00 p.m., unless otherwise allowed or limited by the municipal
review authority, including but not limited to on a duly approved
site plan.
Any person, including but not limited to the owner, lessee,
licensee, or operator of a food truck, found to be in violation of
any of the provisions of this article shall pay a civil penalty not
to exceed $100 for the first such offense in a calendar year and $200
for each subsequent offense in the same calendar year. Each violation
constitutes a separate offense. Any person who violates any of the
provisions of this article shall, in addition to said penalty, become
subject to suspension or revocation of any license issued under this
article to operate a food truck within the Town of Wells. Violations
of any provision of this article may be enforced by the Wells Police
and the Code Enforcement Officer.