This article is enacted pursuant to the authority granted in
R.I. General Laws § 5-11.1-1 et seq. Any inconsistencies
of the article with the State Mobile Food Establishment Registration
Act (the "MFER Act") shall be interpreted to comply with the MFER
Act.
As used in this article, the following terms shall have the
meanings indicated:
MOBILE FOOD ESTABLISHMENT
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 ("MMFE").
MUNICIPAL MOBILE FOOD ESTABLISHMENT PERMIT
A permit issued by the Town of Cumberland to a mobile food
establishment operator that possesses a current state mobile food
establishment registration ("MMFE permit").
The Town Council, after notice to the holder of an MMFE permit
and a public hearing, may deny, suspend or revoke an MMFE permit if
the operation of the registrant within the Town violates or would
violate the Town's land use regulations, including the Zoning Ordinance, or other Town ordinances in relation to the operation
of an MMFE.
When disciplinary action is taken against the holder of an MMFE
permit, the Town Clerk shall notify the Department of Business Regulation
in writing and provide documentation of such discipline within three
business days of the initiation of such disciplinary action.
When operating in the Town of Cumberland, the MMFE permit must
be prominently displayed where it can be seen by the consumer, in
close proximity to the point of service.
An MMFE permit shall expire on the same day that the state mobile
food establishment registration expires.
[Amended 7-9-2020 by Ord.
No. 20-16; 4-21-2021 by Ord. No. 21-10; 4-5-2023 by Ord. No. 23-03]
(a) Beginning April 1, 2023, no MMFE shall operate on Town property without
obtaining approval from the Director of Parks and Recreation of their
specific location(s) for a specific day(s) and time(s). The only grounds
for denial by the Director shall be when the location is licensed,
or permission has otherwise been granted to an organization, for another
purpose, or when there would be a threat to public safety because,
among other things, potential for overcrowding, poor vehicular and/or
pedestrian circulation, or substantial loss of necessary parking spaces.
The fact that another MMFE is using the property is not grounds for
denial.