Town of Wells, ME Article XIV Food Truck Operation

[Added 1-16-2018]

§ 150-147 Purpose.

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.

§ 150-148 Definitions.

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.

§ 150-149 Authority.

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.

§ 150-150 License required; license not required for one-time private events.

A. Regardless of its location or hours of operation, no food truck may operate within the Town of Wells without first obtaining a food truck license, which shall be issued conditional upon the licensee's adherence to the criteria set forth by this article. Additionally, all such food trucks must comply with all applicable local, state, and federal rules and statutes, including but not limited to those rules and statutes pertaining to the preparation and sale of food.

B. No license is required for a food truck that is rented, leased, or otherwise retained for the purpose of operating at a one-time event, no more than 15 hours in duration, that is to be held entirely on a private lot used exclusively for residential purposes.

§ 150-151 Application for general food truck licenses.

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.

§ 150-152 (Reserved) [1]

[1] Editor's Note: Former § 150-152, Issuance or denial of permit, was repealed 8-17-2021.

§ 150-153 Insurance required.

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.

§ 150-154 Location of licensed food truck; additional permits required.

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.

§ 150-155 Hours of operation.

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.

§ 150-156 Operating requirements.

A. No food truck shall impede the flow of traffic, interfere with the general ingress and egress to and from any property, public or otherwise, or present an unsafe condition for patrons, pedestrians, or other vehicles.

B. All food trucks operating within a public right-of-way, pursuant to a permit issued under § 150-154 above, shall park facing the same direction as traffic, at a distance of no more than 12 inches between the curb face or edge of pavement and with the service window of the vehicle facing the curb or edge of pavement.

C. No seating area shall be provided for food trucks operating on public property, except as permitted in conjunction with a street closure outlined in the applicable special amusement permit.

D. No food truck may operate in a location that: impedes the ingress and egress from another business or otherwise causes undue interference with access to another business; blocks the lawfully placed signage of another business; or prevents access to another business by emergency vehicles.

E. No food truck or its appurtenances, including but not limited to signage and patron queue, may reduce the clear pedestrian path of travel on the sidewalk to less than six feet.

F. No food truck may operate within three feet of any other food truck.

G. All cooking, heating and electrical equipment and all cooking practices must comply with applicable safety regulations, including but not limited to applicable fire and electrical codes and any other safety requirements imposed by the Town and the State of Maine.

H. Food trucks operating on public property pursuant to a permit issued under § 150-154 above shall serve pedestrians only. Drive-through or drive-in service is prohibited.

I. Open-flame cooking, either within or outside a food truck, is prohibited, except where such activity is specifically permitted by the Fire Department or other applicable licensing authority.

J. Amplified music or sounds from any food truck may not at any time unreasonably disturb nearby businesses, pedestrians, or vehicles.

K. All refuse associated with the operation of the food truck shall be collected, stored, and transported by the licensee in such a manner as to protect against odor, infestation of insects and/or rodents and any other nuisance condition or conditions which are inconsistent with the health, safety, and welfare of the patrons and the general public.

§ 150-157 Violations and penalties; enforcement.

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.