[Adopted 7-10-1984; amended 6-12-2018 by Order 18-091; 8-13-2019; 3-10-2020 by Order 20-072 (Ch. 176, Art. II, of the 1991 Code)]
As used in this article, the following terms shall have the meanings indicated:
DISQUALIFYING CRIMINAL CONVICTION
Includes any conviction of any criminal offense punishable by imprisonment for more than one year, whether or not the sentence was imposed or served, but shall not include any conviction which is shown to have been set aside on appeal or collaterally or for which a pardon, certificate of rehabilitation or equivalent under the law of the sentencing jurisdiction has been granted.
MOBILE FOOD SERVICE UNIT (hereinafter MFSU)
Includes only a food service establishment which has all utilities and facilities contained within it, other than a power source, which has no fixed location for the operation or transaction of business and which is moved from one privately owned location or on property owned by the Town of Windham as may be authorized by the Town to a different location under separate ownership not less frequently than once every 24 hours, in order to serve persons otherwise present at such locations at such time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An applicant for an MFSU license shall annually make application to the Windham Town Council, or such other official as the Council may designate. Said license shall expire on May 31 of each year. Fees will not be prorated. The annual license fee and the background check fee are set by the Town Council.
The application shall be on a form provided by the Town Clerk and shall require the applicant to furnish the following information:
A. 
The name, address and telephone number of the owner.
B. 
The name, address and telephone number of the operator if different from the owner.
C. 
Identification of sites where MFSU will operate.
D. 
Description of vehicle and its license number.
E. 
A certificate of insurance as required by § 87-7.
F. 
A photograph of the unit.
G. 
A certificate of approval issued by the Department of Health and Human Services of the State of Maine.
H. 
A complete record of the applicant with respect to any disqualifying criminal conviction or statement that no such conviction exists.
I. 
An appropriate form of statement, over the signature of the applicant, giving all persons and governmental agencies having information relevant to the above items permission to release the same to the Clerk.
J. 
A description of those items which the applicant proposes to sell and dispense.
A license granted under this article shall be denied or revoked when any applicant or licensee has received a disqualifying criminal conviction at any time either during the five years immediately preceding the application or while a license granted under this article is in effect or when an applicant or licensee has been imprisoned at any time during said periods for a disqualifying criminal conviction, provided that said conviction was for an offense which is rationally related to the purpose of licensing operators of MFSUs.
A licensee under this article shall be authorized to sell and dispense only those items which have been described in the application and which the unit is equipped to dispense pursuant to the rules described by the Department of Health and Human Services, as they may be amended from time to time. No MFSU shall operate within 200 feet of a licensed food service establishment. An MFSU shall operate only on private ways and not within or on any public ways.
A sufficient number of covered metal rubbish containers shall be provided at each site immediately adjacent to the MFSU to hold material discarded by its customers. In no case shall such containers be more than 10 feet from the unit. A licensee shall keep sidewalks, roadways and other public or private spaces adjoining and adjacent to his locations clean and free from paper and refuse of other kind which may be generated by the operation of his business.
The licensee shall provide an insurance policy covering the period of the license and executed by an insurance company authorized to issue such policy in the state in the usual form of automobile liability insurance policies in this state for injuries to persons and property resulting from the use and operation of the vehicle to be licensed. Such policy of insurance shall be issued for the principal sum sufficient to provide indemnity in an amount of not less than the maximum amount available under the automobile insurance plan, also known as the "assigned risk plan," for bodily injury, death and property damage. A certificate of insurance bearing an endorsement thereon by the issuing agent shall be deposited with the Clerk. Such certificate shall state that the issuing agent will notify the Clerk, in writing, no less than 30 days prior to the cancellation thereof.
A license granted under the authority of this article may be suspended or revoked by the Town Council, after notice and hearing, when the Council determines that the licensee has violated any condition of this article, any other applicable ordinance of the Town or of the license granted to him.
[Added 5-9-2023 by Order No. 23-083]
Any operator of a mobile food service unit that intends to operate at a fixed location for a period of time in conjunction with a temporary event under Chapter 87 and does not hold an annual license from the Town under § 87-2 shall make application to the Town Clerk for a temporary mobile food service license at least 10 business days in advance of the temporary event, using the application process described in § 87-3. Any individual and/or organization operating as a vendor without the required license(s) shall be considered in violation of this article and subject to the penalties herein. For purposes of this section, no temporary mobile food service license shall be issued for a temporary event of more than two days.