[Adopted 11-20-2019 by Ord. No. 2019-06]
The purpose of this article is to provide for the issuance of
municipal permits for the operation of mobile food establishments
within the town in conformance with Title 5, Chapter 11.1 of the Rhode
Island General Laws entitled: the "State Mobile Food Establishment
Registration Act."
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The department of business regulation.
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.
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.
A person who prepares, sells, cooks, or serves food or beverages
from a mobile food establishment.
No person shall operate a mobile food establishment within the
town without first having received a registration from the department
and a permit issued by the town council.
(a)
In order to obtain a permit to operate a mobile food establishment
with the town, application for the permit shall be made to the town
council on an application form provided by the town clerk. In conjunction
with the application, the mobile food establishment operator shall
provide proof of having a state mobile food establishment registration.
(b)
If approved by the town council, the town clerk shall issue the permit
upon the payment of a fee which shall be equal to the maximum fee
as set by the department and established regulations. The permit shall
set the location(s) and times of operation for the mobile food establishment.
(c)
The permit issued by the town shall expire on the date that the state
mobile food establishment registration expires.
(d)
The same procedure as set out in this section for the issuance of
a permit shall apply to the renewal of a permit to operate a mobile
food establishment.
The maximum number of permits for the following calendar year
shall be set by the town council at the first Monday town council
meeting which occurs in November.
(a)
The permissible operation areas for the following calendar year shall
be set by the town council at the first Monday town council meeting
which occurs in November.
(b)
No mobile food establishment operator or vendor shall operate under
a permit issued herein except at the location(s) set by the town council
in connection with the issuance of the permit.
(c)
The chief of police shall, from time to time, submit to the town
council streets which, in the police chief's opinion, because of excess
traffic and congestion, are unsafe for the operation of a mobile food
establishment.
(d)
At no time shall a mobile food establishment operator or vendor impede
the free flow of pedestrian traffic or vehicular traffic.
No mobile food establishment operator or vendor shall operate
under a permit issued by the town except during the hours set by the
town council in connection with the issuance of the permit.
(a)
Upon the town receiving notice that the department has suspended
or revoked a state mobile food establishment registration, a permit
issued under this provision of this article shall be immediately suspended
or revoked depending on the action taken by the department.
(b)
A permit issued under the provisions of this article may be suspended
or revoked for cause after notice and hearing before the town council
if the operation of the registrant within the town violates the town's
land use regulations, zoning or other ordinances in relations to the
operation of a mobile food establishment.
In the event of a conflict between the provisions of this article
and state law or regulation, state law or regulation shall supersede
the provisions of this article.
A person holding a current hawkers/peddlers license issued by
the town council who is considered to be a mobile food establishment
operator under Title 5, Chapter 11.1, may renew the town license by
submitting a renewal application to the town clerk on a renewal application
form provided by the town clerk prior to December 31, 2019. In conjunction
with the renewal application, the mobile food establishment operator
must provide written proof of having applied for a state mobile food
establishment registration prior to the submission of the renewal
application; provided, however that the municipal mobile food establishment
permit shall not issue until such time as the mobile food establishment
operator provides the town clerk with proof of having received a state
mobile food establishment registration prior to March 31, 2020. In
the event that such proof is not provided prior to March 31, 2020,
the renewal application shall be denied.
