[Adopted 2-11-2020 by Ord. No. 2019-22]
Any license required pursuant to Rhode Island General Laws § 5-11.1-1
et seq, as may be amended from time to time, shall acquire a mobile
food establishment license from the Johnston Board of Licenses.
As used in this article, the following terms shall have the
meanings indicated:
Pursuant to R.I.G.L, § 5-11.1-3(5), 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 include, but are not limited
to, food trucks, food carts, ice cream trucks/carts, and lemonade
trucks/carts.
Pursuant to R.I.G.L., § 5-11.1-3(7) 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.
Pursuant to R.I.G.L., § 5-11.1-3(8) a person who
prepares, sells, cooks, or serves food or beverages from a mobile
food establishment.
Pursuant to RIGL § 5-11.1-3(9) a "municipal mobile
food establishment license" issued by the Town to a mobile food establishment
operator that possesses a current state mobile food establishment
registration.
Mobile food license issued to a mobile food establishments,
that temporarily parks on a public street or private property and
engages in the service, sale or distribution of food, prepared on
site, to the general public directly from the vehicle.
Mobile food transient license issued specifically to an ice
cream/lemonade truck or catering trucks, who sell prepackaged or prepared
foods, who may travel in/into residential districts and are transient
in nature, moving at least every 15 minutes.
The provisions of this article apply to mobile food establishments
engaged in the business of cooking, preparing and/or distributing
food or beverage with or without charge upon or in public and private
restricted spaces.
A.
It shall be unlawful for any person to operate within the Town a
mobile food establishment without having obtained a license from the
Town Clerk for that purpose.
B.
A person desiring to operate a mobile food establishment shall apply
for such license or renewal of such license to the Town Clerk. The
application for a license or a renewal of license shall be provided
by the Town Clerk and shall include the following:
(1)
Name, phone number, email contact and business address of the applicant.
(2)
If utilizing private property, any mobile food establishment licensed
under the provisions of this article must have a letter in their possession
from the owner of the property on which he or she is selling authorizing
the establishment to sell upon the property. This authorization must
be current and must state for how long the permission is granted,
but in no event will same authorization be valid for a period of more
than one year. If participating in a licensed special event, then
the event holder may be the one to hold this letter in their possession
from the property owner for use of the private property.
(3)
Copy of the RI Department of Business Regulations mobile food establishment
registration.
(4)
Any person applying for a license under the provisions of this article
shall sign a hold-harmless agreement indemnifying the Town of Johnston,
its officers, agents and employees from any liability arising out
of or in the course of his or her business or the granting of a license
for same.
It is further required that any person applying for a license
under the provisions of this article sign a hold-harmless agreement
indemnifying the Town of Johnston, its officers, agents and employees
from any liability arising out of or in the course of his or her business
or the granting of a license for same.
The fee for the issuance of a license granted pursuant to this
article shall be $75. Each mobile food or stationary food establishment
shall be separately licensed, and the license fee chargeable hereunder
shall be paid for each such establishment.
All licenses issued under the provisions of this article shall
be for a term consecutive with the state mobile food registration
unless sooner revoked or voided under the provisions of this article.
All licenses issued under the provisions of this article shall
authorize only the person named therein to sell and offer for sale
as aforesaid. No licenses issued under the provisions of this article
shall be transferable. A license is valid for one vehicle only and
shall not be transferred between vehicles.
A.
No operator of a mobile food establishment shall park, stand or move
a vehicle and conduct business within areas of the Town where the
license holder has been informed by the Police Department, Department
of Public Works, Department of Parks and Recreation, Building Department
or Planning and Zoning Department that food trucks cannot operate
in that location.
[Amended 3-13-2023 by Ord. No. 2023-4]
B.
The customer service area for mobile food establishments shall be
on the side of the truck that faces a curb, lawn or sidewalk when
parked/stopped. No food service shall be provided on the driving-lane
side of the truck. No food shall be prepared sold, or displayed outside
the mobile food establishments.
C.
No mobile food establishment shall provide or allow any dining area
within 10 feet of the mobile food vehicle, including, but not limited
to, tables and chairs, booths, stools, benches or stand-up counters
on a sidewalk if the mobile food establishment has been informed by
the Police Department, Department of Public Works, Department of Parks
and Recreation, Building Department or Planning and Zoning Department
that such accommodations cannot be provided in that location.
[Amended 3-13-2023 by Ord. No. 2023-4]
D.
Customers shall be provided with single-service articles, such as
plastic utensils and paper plates, and a waste container for their
disposal. All mobile food establishments shall offer a waste container
for public use which the vendor shall empty at its own expense. All
trash and garbage originating from the mobile food operations shall
be collected and disposed of off site by the operators each day. Spills
of food or food by-products shall be cleaned up, and no dumping of
gray water, grease, or anything on the streets is allowed.
E.
No mobile food establishment, mobile food operator or vendor shall
make or cause to be made any unreasonable or excessive noise. The
operation of all food vehicles shall meet the Town Noise Ordinance,[1] including generators. No loud music, other high-decibel
sounds, horns, or amplified announcements are allowed.
F.
No flashing or blinking lights or strobe lights are allowed by mobile
food establishments or related signage when the vehicle is parked
and engaged in serving customers. All exterior lights with over 60
watts shall contain opaque hood shields to direct the illumination
downward.
G.
Mobile food establishments, when parked on public streets, shall
be parked in conformance with all applicable parking restrictions
and shall not hinder the lawful parking or operation of other vehicles.
H.
Mobile food establishments shall be allowed to operate by right from
8:00 a.m. to 10:00 p.m., seven days a week, including holidays, and
may be allowed to operate from 6:00 a.m. to 12:00 midnight, seven
days a week, including holidays, with the express written consent
of the Johnston Police Department; however, such consent may be revoked
with or without cause at any time.
[Amended 3-13-2023 by Ord. No. 2023-4]
I.
A mobile food establishment shall not:
J.
The issuance of a mobile food establishment license does not grant
or entitle the vendor to the exclusive use of any legal public spot
within the prescribed territorial limits.
K.
No mobile food establishment shall use external signage, bollard,
or other equipment not contained within the vehicle. When extended,
awnings for mobile food vehicles shall have minimum clearance which
does not present a hazard to pedestrians.
L.
Any power required for the mobile food establishment located on a
public way shall be self-contained and a mobile food establishment
shall not use utilities drawn from the public right-of-way. Mobile
food establishments on private property may use electrical power from
the property being occupied or an adjacent property, but only when
the property owner provides written consent to do so. All power sources
must be self-contained. No power cable or equipment shall be extended
at or across any Town street, alley or sidewalk.
M.
No mobile food establishments shall operate in violation of the land
use, zoning or other ordinances of the Town of Johnston.
The following limits further define where a mobile food establishments
can and cannot operate:
A.
Not in a residential zone, unless part of a duly licensed special
event or unless the operator has a peddler's license issued by the
Johnston Town Council license.
B.
Not within 100 feet of any open brick-and-mortar restaurant, unless
the restaurant consents to the mobile food establishment's operation
in said location.
[Amended 3-13-2023 by Ord. No. 2023-4]
C.
With additional approval for areas with school-aged children:
[Amended 3-13-2023 by Ord. No. 2023-4]
(1)
Not
within 200 feet of any private school without the corresponding property
owner's written consent.
(2)
Not
within 200 feet of any public school without the corresponding principal's
written consent.
(3)
Not
within 200 feet of any public property or public park without the
written consent of the Director of Parks and Recreation or their delegate;
however, nothing in this subsection shall be deemed or construed to
be an exception to any corresponding rules and regulations that the
Division of Parks and Recreation may promulgate in regard to the management
and permissions of mobile food establishments or vendors/concessionaires
as such may be applied to mobile food establishments.
D.
Not within 10 feet of driveways, bus stops or crosswalks.
E.
Not in a handicap parking area or no-parking zone.
F.
Not within 500 feet of any fair, festival, special event or civic
event that is licensed or sanctioned by the Town unless the vendor
has obtained permission from the event sponsor and is duly licensed
or has a special event license issued by the Town of Johnston.
G.
Not in an area where such operation is deemed by the Chief of Police,
or his/her designee, to endanger or inconvenience the general public
or where there is determined to be a disturbance of the peace.
H.
Not on private property without the written permission of the owner
of the property, and such permission shall be available at all times,
unless permission was granted to the holder of a special event, and
the special event holder has the written permission from the owner.
Each person granted a license in accordance with the provisions
of this article shall conspicuously exhibit the license at all times
while selling within the Town limits.
A.
Any person violating any of the provisions of this article may be
subject to denial, suspension or revocation of the municipal license
after a hearing before the Town Council.
B.
Every individual sale or offer for sale made contrary to the provisions
of this article shall be deemed and construed as a distinct and separate
offense, and the person making the sale or offer of sale shall be
prosecuted therefor in the manner herein prescribed.
C.
Upon the cancellation or revocation of any license, the person holding
the license shall surrender or return the same to the Town Clerk or
his/her designee.
If any provision of this article is to be held invalid by a
court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions, which shall remain
in full force and effect.
