A. 
This chapter, entitled "Outdoor Food Vending Ordinance," is enacted pursuant to the City's home rule authority, as provided in 30-A M.R.S.A. § 3001 et seq; the Maine Constitution, Article VIII, Part Second; and 7 M.R.S.A. § 284, all as may be amended from time to time.
B. 
The provisions relating to mobile food vending units, more commonly called "food trucks," are intended to provide opportunities for the operation of mobile food vending units in the City while assuring that these units locate and operate in a manner that protects the public safety and does not create unreasonable burdens on the community. The provisions relating to sidewalk vending are intended to provide opportunities for downtown businesses to expand their retail and restaurant uses to the public sidewalk abutting their property while assuring that vendors locate and operate in a manner that protects public safety and accessibility and does not create unreasonable burdens on the community.
As used in this chapter, the following words shall have the meanings stated below:
LICENSE
License means a limited, temporary and wholly revocable authorization from the City to use a portion of its public property. It is expressly not a lease of space.
MOBILE FOOD VENDING UNIT (FOOD TRUCK)
A motor vehicle or trailer that is licensed to operate on public roads and that is designed, constructed and/or used to sell or otherwise dispense food or beverages directly to consumers.
A. 
Assumption of risk. All license holders assume all the risks of operating and conducting their business under any license issued by the City.
B. 
Indemnity. License holders shall defend, indemnify, and hold the City harmless from and against any and all liabilities, losses, suits, claims, costs, expenses, judgments, fines or demands arising by reason of injury to or death of any person or persons or damage to any property of any nature whatsoever, arising out of or in any way related to this license and/or the licensee's use, occupancy, conduct, or management of the premises.
C. 
Workers compensation. The license holder hereby expressly waives any and all immunity it may have under Maine's Workers Compensation Act in regard to such claims made or asserted against the City by the license holder's agents or employees. The license holder also expressly waives any charitable immunity it may have under applicable law as to any and all claims of any person made or asserted against the City arising out of the license holder's use and occupancy of the premises or other activity of the license holder under this license.
D. 
Insurance.
(1) 
The license holder, during the entire term of this license, must maintain, at its sole expense, insurance in the type and amount below with companies authorized to do business in the State of Maine for the protection of the City against any and all liability, including wrongful death, against all claims, losses, costs or expenses arising out of injuries to persons whether or not employed by the license holder or damage to property whether resulting from acts, omissions, negligence or otherwise of the license holder, its directors, officers, clients, employees and agents and arising from the license holder's use of the premises or any part or portion thereof:
(a) 
Commercial general liability insurance with a minimum limit of $1,000,000 combined single limit per occurrence; and
(b) 
Workers compensation and employers liability insurance with a minimum limit of $500,000 per occurrence.
(2) 
The license holder shall cause to be furnished to the City prior to issuance of a City license evidence in the form of certificates of insurance. Said certificates shall name the City as an additional insured and loss payee. The license holder shall cause to be furnished to the City replacement certificates of insurance whenever the insurance policies are renewed. The City shall be notified prior to any changes or discontinuances of coverage.
This chapter shall be enforced by both the Code Enforcement Department and the Police Department, each of whom can issue citations. Violation of this chapter shall be a civil offense subject to a fine of not less than $100 nor more than $2,500 for each violation. Each violation, and every day that any such violation shall occur, shall constitute a separate offense. In addition to the fines provided herein, the City may seek any other relief or remedy available, including but not limited to injunctive relief or abatement regarding any violation of this chapter. The owner or operator of a mobile food vending unit that has been found to be in violation of the chapter more than twice shall be denied future licenses to locate or operate a mobile food vending unit in the City of Saco. As to sidewalk sales, the City reserves the right, in its sole discretion, to suspend a licensee's use of public property at any time.
License holders shall at all times be regarded as an independent entity conducting its own business and operations, and shall not at any time be considered as, act, or purport to act as an agent, contractor, copartner, joint venturer or employee of the City.
Should any section or provision of this chapter be declared to be invalid by a court of competent jurisdiction, such decision shall not invalidate any other section or provision of this chapter.
A license applicant shall submit to the City Clerk with their license application the fee established by the City Council, from time to time.
The licensee holds a revocable license, not a lease of public space. The licensee agrees, understands, and consents that it holds no right in or to public space and that this license may be revoked at any time by the City.