[Amended 8-7-1962; 4-6-1970; 12-3-1990; 8-6-2018 by Ord. No. 2018-108; 12-21-2020 by Order No. 2020-153; 2-24-2025 by Order No. 2025-25]
As used in this article, the following terms shall have the meanings indicated:
CATERER
One who does not have a permanent fixed location to serve food and whose business is to provide food to sell or serve at a location off premises from where the food preparation took place.
DRIVE-IN RESTAURANT
Any premises where food or drink of any kind is served directly to or is permitted to be consumed by patrons in or about motor vehicles parked on such premises.
EMPLOYEE, FOOD SERVICE ESTABLISHMENT
Any person who handles food or drink during its preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served.
FOOD SERVICE ESTABLISHMENT
Any person operating any restaurant, itinerant restaurant, drive-in restaurant, mobile vending unit, or caterer or as herein defined within the City.
FOOD TRUCK
Any vehicle which is used for the retail sale therefrom of any prepared food, sandwiches and drinks and travels from place to place for the sale thereof, but not including vehicles used for the transportation of milk and dairy products or bread and bakery products for the sale or delivery to homes and business establishments.
ICE CREAM TRUCK
A motorized vehicle utilized for the sale of prewrapped or prepackaged ice cream or frozen yogurt products or novelties.
ITINERANT RESTAURANT
A restaurant being operated for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
OUTDOOR DINING
Any outdoor dining space located upon public property adjacent to a restaurant or noncontiguous to a restaurant where authorized under 28-A M.R.S.A. § 1051(9).
PUSHCART/PORTABLE VENDING UNIT
A self-contained, nonmotorized vending unit, equipped and operated for the preparation and/or sale of food and/or beverages, equipped with wheels to allow for easy movement from one location to another and shall not exceed the following dimensions: three feet in width, eight feet in length and six feet in height. The unit may be equipped with an umbrella, awning or canopy constructed of nonrigid fabric which adds a maximum of two feet to the overall height of the unit but does not exceed maximum width and length dimensions.
RESTAURANT
Any restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, soda fountain 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, including outdoor dining.
STATIONARY VENDING UNIT
Includes any vehicle from which food products are sold which is licensed for one location on private property and which conducts all of its sales within the City from that one location.
UTENSILS
Includes any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
VEHICLE
Not only motorized conveyances and motor vehicles licensed by the state but also any trailer, mobile stand, pushcart or other equipment from which food sales are made which is capable of being and is regularly hauled, pushed or otherwise moved from place to place.
A. 
Licenses shall be obtained per requirements set forth in Article I of this chapter, and such licenses shall be posted in a conspicuous place at the licensed premises.
B. 
Nonprofit organizations such as, but not limited to, church fairs, sporting events and school sponsored activities and all vendors operating on a temporary, short-term basis such as for Westbrook Together Days and similar community celebrations, fairs and parades shall not require a license, but shall be subject to inspections by the Code Enforcement Officer and Fire & Rescue Department.
[Amended 8-7-1962]
All restaurants must comply with all the City and state ordinances, laws and regulations as to the building, exit, and plumbing codes and regulations, and all licensees must fully comply with the following items as to safety and sanitation:
A. 
All rooms in which food and drink are prepared or in which utensils are washed shall be well-lighted and ventilated.
B. 
All walls and ceilings shall be kept clean and in good repair.
C. 
When flies are prevalent, all openings into the outdoor air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies.
D. 
There shall be at least one toilet on the premises of all restaurants and where alcoholic beverages are served or, when eight or more persons are employed at any one time, there shall be provided at least one toilet for each gender. All toilet rooms shall be kept in a clean condition, in good repair, well-lighted and ventilated.
E. 
All equipment and utensils, including display cases, windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be clean and free from dust, dirt, insects and other contaminating material.
F. 
All multiuse utensils used in the preparation or serving of food or drink shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage and shall be stored in a clean, dry place protected from flies, dust and other contamination as far as practicable.
G. 
All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption and shall be so stored as to be protected from dust, flies, vermin, rodents and other contamination.
H. 
Adequate and convenient hand-washing facilities shall be provided, including hot and cold water, soap and clean towels where any food is prepared. No employee shall resume work after using the toilet room without first washing his/her hands.
I. 
All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment.
J. 
No person who is infected with any disease in a communicable form or is a carrier of such disease shall work in any licensed premises or be employed by any licensee. If the licensee or manager suspects that any employee is infected with any such disease or is a carrier thereof, he shall immediately notify the Health Officer.
[Amended 4-6-1970]
It shall be the duty of all food service establishments to keep at all times the premises whereon their place of business is located, together with the parking area and that portion of the public way adjoining such premises, free from all rubbish, waste products and debris of all kinds, including, but not being limited to, disposed food products, napkins, straws, paper cups and plates, and other waste material.
[Amended 4-6-1970]
All food service establishments shall provide a sufficient number of waste containers to hold waste material until the same is removed from the premises. Such containers shall be made of metal construction, or other similar material, with self-closing reach-in type covers.
[Amended 4-6-1970]
No food service establishment shall operate or permit to be operated any loudspeakers, or make, or permit to be made, any other loud or excessive noise on its premises; provided, however, a food service establishment may use a public address system solely for the purpose of giving instructions to employees on the premises, but not so as to cause any annoyance or disturbance to persons not on said premises.
[Amended 8-7-1962; 6-3-2013]
A. 
Annually the Code Enforcement Officer and the Fire Chief or Fire Inspector shall inspect every restaurant located within the City. In case they discover the violation of any item of safety or sanitation, they shall follow the guidelines set forth in § 205-8.
B. 
The person operating the restaurant shall, upon the request of the Code Enforcement Officer and the Fire Chief or Fire Inspector, permit access to all parts of premises for such inspections and shall permit copying any and all records of food purchased.
The municipal officers, in addition to other provisions of this code authorizing such action, may deny, suspend, or revoke a license upon stipulations set forth in § 205-8 as well as any of the following grounds:
A. 
Formal adjudication of one or more code violations relating to the health or safety of food service customers.
B. 
Motor vehicle offenses within five years prior to the application date unless those offenses were felonies in which case no time limit shall apply. This shall apply to mobile vending units only.
[Amended8-7-1962; 5-24-1982; 12-3-1990; 8-30-2010; 6-3-2013; 12-21-2020 by Order No. 2020-153; 2-24-2025 by Order No. 2025-25]
A. 
Sales from food truck food trucks.
(1) 
Use of public streets and public property restricted. No food truck shall stop for sales within the public right-of-way of any public street or on any publicly owned property, except when such street is under construction. Special permission may be obtained from the City Clerk's office for a mobile vending unit to operate on publicly owned property on a case-by-case basis and for a specific period of time, provided the location complies with Subsection A(1)(b) of this section. Food trucks may stop within the public right-of-way under the following conditions:
(a) 
The stop shall be for the purpose of selling food products to the persons engaged in the street construction;
(b) 
The vehicle shall not be stopped for sales within 350 feet of any other food service establishment licensed by the City except another mobile vending unit; and
(c) 
The vehicle shall not be stopped for sales in any location so as to create traffic congestion or a hazard to vehicular or pedestrian traffic.
(2) 
Compliance with state health regulations required. No food truck shall be licensed to operate in the City unless it is in full compliance with all applicable regulations as promulgated by the State Department of Health and Human Services, Division of Environmental and Community Health. Every mobile vending unit operator licensed by the City shall provide to the City Code Enforcement Officer copies of all state licenses, state inspection certificates and/or inspection reports within seven days of receipt by the operator including any municipal license, inspection certificate or report authorized by the state as a substitute for such state license or inspection.
(3) 
Each unit to be licensed. If a company owns more than one mobile vending unit, it shall be required to have a license for each unit that will be operating within City limits and to provide to the City Clerk evidence of public liability insurance in an amount of not less than $400,000, with the City named as an additional named insured on the policy.
(4) 
The use of any amplification device, radio, recorded music or any sound generating device is prohibited.
B. 
Sales from ice cream trucks. All ice cream trucks shall comply with the following:
(1) 
Permitted sales locations. Ice cream trucks shall be limited to sales on or from public rights-of-way in residential zones only, where such public rights-of-way have a posted speed limit of 30 miles per hour or less; provided, however, that ice cream truck vendors may also purchase a license to operate at one of the pushcart locations in Riverbank Park. Special permission may be obtained from the City Clerk's office for an ice cream truck to operate on publicly owned property on a case-by-case basis and for a specific period of time provided the location complies with Subsection B(2) of this section.
(2) 
Sales prohibited. No ice cream truck shall stop at any time for the purpose of making sales if such stop is located within 350 feet of any other food service establishment licensed by the City except another food truck; provided, however, that this subsection shall not apply to an ice cream truck vendor while he is operating out of a pushcart location licensed for this purpose.
(3) 
Length of stop. No ice cream truck shall stop on a public right-of-way in a residential zone for more than 15 minutes. An ice cream truck shall operate its four-way flashers whenever stopped.
(4) 
Manner of stops. Ice cream trucks shall pull over to the side of the public right-of-way as far as practicable when stopping for the purpose of selling. In no event shall an ice cream truck stop for the purpose of selling if such a stop prevents the passage of other motor vehicles on the public right-of-way.
(5) 
Hours of operation. Ice cream trucks shall only operate from 11:00 a.m. until 8:00 p.m.
(6) 
Each unit to be licensed and insured. If a company owns more than one ice cream truck, it shall be required to have a license for each unit that operates within City limits and provide to the City Clerk evidence of public liability insurance in an amount of not less than $400,000, with the City named as an additional insured on the policy.
(7) 
The use of any amplification device, radio, recorded music or any sound generating device is prohibited after 7:00 p.m.
(8) 
Ice cream truck licensees who purchase a license to operate at a pushcart location shall abide by § 205-21B and C.
A. 
Operation of pushcart/portable vending units.
(1) 
No pushcart or portable vending unit shall operate within the right-of-way of any public street or on any municipally owned property except as expressly permitted under this section. Sales from properly licensed pushcarts or portable vending units shall be permitted in Riverbank Park and along the Riverwalk Boardwalk at locations specified by the City. A maximum of six pushcart/portable vending units shall be licensed at any time.
(2) 
Pushcarts will be allowed to temporarily relocate to a different location in the City with special permission on a case-by-case basis and for a specific period of time such as to sell food at a baseball field where no other food vendors are located.
B. 
Pushcart/portable vending unit performance standards.
(1) 
Units shall not be operated in a way that would restrict or interfere with pedestrian flow on sidewalks, boardwalks or walking paths.
(2) 
Unit operators shall be responsible for the collection and disposal of all trash or other waste products generated by their activity and shall keep the immediate area of their units clean and free of litter.
(3) 
The use of electric generators is prohibited.
(4) 
The use of any amplification device, radio, recorded music or any sound-generating device is prohibited.
(5) 
Units may begin operation at 10:00 a.m. and must close no later than 9:00 p.m. Units must be removed from the park/boardwalk each day. Setup and takedown shall be permitted for a maximum of 30 minutes prior to opening and following closing.
(6) 
Each unit shall display its valid state and local food service licenses in a visible location.
(7) 
All applicable local, state and federal requirements shall be met.
(8) 
A certificate of insurance for general liability insurance, in an amount not less than $400,000, with the City named as an additional named insured, shall be placed on file with the City Clerk prior to issuance of any license and shall be maintained throughout the term of the license.
C. 
Pushcart/portable vending unit signage. Signs shall be permitted subject to the following requirements:
(1) 
No more than two signs, excluding lettering on an umbrella or awning, are permitted on each unit. Each sign shall not exceed four square feet.
(2) 
One menu board, not to exceed six square feet, is permitted and not considered a sign.
(3) 
Freestanding signs are prohibited.
(4) 
Illuminated or flashing signs are prohibited.
A. 
Outdoor dining; general description. An outdoor dining permit as described herein shall grant a business license holder the ability to use public property for outdoor dining purposes. The City shall issue such permits only to street/park level restaurants which have a public ingress or egress by door or passageway facing towards the public property. The outdoor dining permit applicant must have an approved business license before the activity is allowed to commence. The outdoor dining permit must be renewed on an annual basis and shall have a term consistent with that of the business license. The applicant for an outdoor dining permit shall maintain general liability insurance in an amount not less than $400,000 with the City named as an additional insured. The applicant shall provide a certificate of insurance evidencing the required coverage to the City Clerk prior to the issuance of any outdoor dining permit, and this coverage shall be maintained throughout the term of the permit. Failure to maintain the required coverage shall result in the revocation of the outdoor dining permit.
[Amended 8-6-2018 by Ord. No. 2018-108]
B. 
Months and hours of operation.
(1) 
Outdoor dining permits shall be valid from March 1 through October 31 during the year in which the permit is issued. The City reserves the right to exclude any particular dates from the outdoor dining season in the interest of public safety.
(2) 
Outdoor dining hours shall not extend beyond those of the restaurant and, where the use abuts a residential zone, shall be limited to the hours of 7:00 a.m. to 11:00 p.m., unless otherwise approved or limited by City Council.
[Amended 8-6-2018 by Ord. No. 2018-108]
C. 
Area requirements.
[Amended 8-6-2018 by Ord. No. 2018-108]
(1) 
Maximum width. For all outdoor dining areas, the maximum width of the space in which a restaurant may operate outdoor dining shall be no larger than the width of the establishment frontage.
(2) 
Maximum depth.
(a) 
Where the outdoor dining area is adjacent to a restaurant, the maximum depth of space shall allow for a minimum of four feet of open sidewalk from the outer boundary of the seating area to the curb and/or any fixed objects, and a minimum of five feet on corners, and egress from the building must be maintained free of obstruction per the building code and life safety code.
(b) 
In public pedestrian areas other than sidewalks or where the outdoor dining area is noncontiguous to a restaurant, the maximum depth of space for outdoor dining shall be no more than half the depth of the public space minus five feet, as measured perpendicular from the side edges of the public pedestrian area to allow for the free flow of pedestrian traffic, and where any fixed object exists within the deducted five feet, the depth shall be measured from the edge of the fixed object minus five feet.
(3) 
In no case shall the dimensions of the outdoor dining area impede any ingress or egress from any building or infringe upon the space potentially available to another restaurant for outdoor dining use.
D. 
Outdoor dining permit application requirements. The outdoor dining permit application shall include the following:
(1) 
A plot plan, with:
(a) 
A drawing of the lot, where the building sits on the lot along with the lot and building dimensions;
(b) 
A depiction of the property lines and the dimensional setback, if any, from the sidewalk to the building;
(c) 
The location of the street, and if it is a corner lot, the intersecting streets;
(d) 
The sidewalk along with its width and curbing location and any fixed objects such as street signs, benches, esplanades, light poles and trash cans;
(e) 
If the outdoor dining is proposed on public property that is not a sidewalk, then the public property must be clearly defined, including dimensions and any fixed objects, such as signs, light poles, trees, planters and trash cans;
(f) 
The location of any tables, chairs, barriers, signage and or landscaping placement, and any other components proposed for the outdoor dining activity, and the dimensions of area to be used.
(2) 
Any other information as required by the City Clerk.
E. 
Insurance.
(1) 
The applicant is required to produce, at the time of submission, and maintain public liability insurance coverage in an amount of not less than $400,000 combined single limit for bodily injury, death and property damage, naming the City as an additional insured thereon.
(2) 
The license holder understands that the City of Westbrook, its agents, officers and employees accept no responsibility and will not be liable for any injury, harm or damage to the license holder's person or property arising out of the establishment's occupancy of the public way.
(3) 
The City will not be responsible for damage to any tables, chairs or other property that is not properly removed when the City is engaged in the maintenance of the public way.
F. 
Additional requirements.
(1) 
The tables and chairs must be placed within the licensed area in such a manner as to allow the free and safe passage of pedestrian traffic. Failure to contain the tables and chairs to the licensed area may result in a revocation of the license.
(2) 
The outdoor dining area may include an awning for overhang but the area may not be enclosed and the activity, including overhang, may not extend beyond the licensed area.
(3) 
The license holder is responsible for keeping the outdoor seating area clean. The sidewalk area where the tables and chairs are located must be kept neat and free from litter and debris.
(4) 
No food shall be prepared outside.
(5) 
A fence or barrier shall be erected and maintained around the outdoor dining area.
(6) 
If alcohol is to be served:
(a) 
The license holder must hold the appropriate state liquor license.
(b) 
Signs shall be posted at exit areas reading "No Alcohol Beyond This Point."
(c) 
Staff must be employed in the outdoor dining area to serve and monitor patrons as required by state liquor licensing laws.