[HISTORY: Adopted by the Town Council of
the Town of Georgetown 6-13-2007 by Ord. No. 2007-10; amended in its entirety 3-9-2016 by Ord. No. 2016-3. Subsequent amendments noted where applicable.]
[Amended 6-27-2022 by Ord. No. 2022-06[1]]
As used in this chapter, the following terms
shall have the meanings indicated:
A building, structure, or place authorized by the Town for
use by vendors to sell, offer for sale or solicit orders for any products
or crafts sold, grown, raised or produced by them. This shall include
outdoor food and crafts markets.
A mobile food establishment which offers food and/or beverages
for sale, located in a motor vehicle, or trailer, licensed to operate
by a Department of Motor Vehicles. Food trucks shall not include ice
cream vendors, as defined herein.
Any person who operates a food service establishment located
within a self-propelled vehicle, or within a trailer, kiosk or cart
(or something similar) that is pulled by a vehicle, used to store,
prepare, display, serve or sell food/beverages for consumption in
a place other than in or on the unit. Any such mobile food vendor
is deemed nonpermanent and shall be fully transportable and movable
within 24 hours.
A person who goes from place to place or from house to house,
traveling on the public streets by vehicle, and carries with him ice
cream, ice cream products, water ices or frozen confectionary products
of any kind or character for the purpose of selling or offering to
sell them to customers from the vehicle.
Real property, including commercial property and/or residential
dwellings (other than multifamily residential dwellings), owned by
an individual or individuals who have exclusive rights over it and
it is not owned by a public entity or open to the public generally.
Property within the Town of Georgetown that is owned by a
government entity or school district.
All outdoor activities and events which will affect the ordinary
use of the public streets, rights-of-way, and/or sidewalks, regardless
of whether the event will actually take place on private property
or in public areas, and which can reasonably be expected to cause
a gathering of people that is not part of the normal course of business
or normal use at the subject location. This definition includes gatherings
of people for social, charitable, entertainment, sporting, religious
or commercial purposes, examples of which include, but are not limited
to, fairs, festivals, parades, foot runs, bicycle rides/races, walking
events, fund-raisers, community or neighborhood block parties and
concerts.
The Town Manager for the Town of Georgetown, or his or her
designee.
[Amended 6-27-2022 by Ord. No. 2022-06]
No food truck vendor or ice cream vendor shall
sell, solicit, dispose of or offer his goods or products for sale
within the Town unless he first obtains a license issued by the Town,
in compliance with this chapter.
A.
An application for license under this chapter shall
be made by the applicant, in writing, on forms approved by the Town
Manager.
[Amended 6-27-2022 by Ord. No. 2022-06]
B.
The application shall be filed in the office of the
Planning Department and shall set forth the following information:
[Amended 6-27-2022 by Ord. No. 2022-06]
(1)
The name and permanent home address of the applicant
at the time of the application.
(2)
The name, address and principal shareholders or owners
of any firm or business represented.
(4)
A description of the vehicle to be used, if a motor
vehicle is to be used, including:
(a)
The name and address of the owner of the vehicle
as registered with the appropriate state Division of Motor Vehicles,
and a copy of the current, valid registration.
(b)
If the applicant is not the owner, the interest
of the applicant in said vehicle, and a signed statement by each such
person authorizing use of the vehicle for food sales.
(5)
A statement as to whether or not the applicant, and/or
any operator(s) of the vehicle, has been convicted of a crime or disorderly
persons offense or violation of any law or ordinance of the Town of
Georgetown and the nature of each offense, if any, for which convicted.
C.
If the applicant is an employee or representative
of any person or entity, there shall be appended to the application
a letter from the employer or principal authorizing the applicant
to act as his representative.
[Amended 6-27-2022 by Ord. No. 2022-06]
D.
If a food vendor vehicle is to have a fixed or semi-fixed
location from which sales will be conducted, a signed statement of
permission from the property owner(s) (if other than the applicant)
evidencing permission to conduct food vending at the location.
[Amended 6-27-2022 by Ord. No. 2022-06]
Upon the filing of the application, the Town
Manager shall review the application for compliance with the factors
above and that the products proposed to be sold, disposed of or offered
for sale comply with all state laws relating to food and food products,
then, upon approval of the application by the Town Manager and upon
payment of the fee prescribed, a license shall be issued by the Planning
Department.
A.
The license issued shall not authorize any person,
except the person designated therein, to engage in business thereunder.
The license shall not be transferable from person to person.
B.
Licenses issued under this article shall be valid
for a period of one calendar year. The applicant must apply for and
secure a new license from the Town each calendar year.
[Amended 6-27-2022 by Ord. No. 2022-06]
Upon the issuance of a license, the license
shall be conspicuously displayed at all times in the conduct of a
vending business.
[Amended 6-27-2022 by Ord. No. 2022-06]
Notwithstanding any other provision of the Town Code, food trucks
may not operate anywhere within the corporate limits of the Town,
except as strictly set forth herein. Food trucks may operate only
in the following locations, and only after obtaining a license from
the Town:
A.
On private
property, if the food truck vendor is legally parked on the property
and has received written permission from the property owner and displays
such written permission upon request.
B.
At any
farmer's market held on public or private property, if the food truck
vendor is legally parked at the farmer's market and has received written
permission from the farmer's market operator and displays such written
permission upon request.
C.
On public
property, including, but not limited to, parking lots and community
buildings, where such public property has sufficient space for the
parking of vehicles, and with the permission of the Town Manager.
D.
With prior
approval, at times and locations of special events as defined herein.
[Added 6-27-2022 by Ord. No. 2022-06[1]]
The Town Manager may permit food truck vendors to vend at a
special event, after obtaining a license therefor, provided that food
truck vendors:
A.
Vend only
at the special event and within the area and time designated for the
special event;
B.
Obtain
a food vendor license and any other temporary permits or licenses
required by the special events permit, or by other state and local
laws; and
C.
Shall comply
with all regulations set forth in this chapter.
[Amended 6-27-2022 by Ord. No. 2022-06]
No food vendor licensed under this chapter shall
misrepresent the character or quality of the products offered for
sale.
[Amended 6-27-2022 by Ord. No. 2022-06]
No food truck vendor licensed under this chapter
shall importune or otherwise annoy any person for the purpose of effecting
a sale.
All products sold, disposed of or offered for
sale under this chapter shall comply with all laws and ordinances
of the Delaware Department of Public Health relating to food and food
products.
[Amended 6-27-2022 by Ord. No. 2022-06]
A.
The applicant must supply a copy of a State of Delaware
and Federal Criminal Background Check, at his/her own expense, along
with the application. The applicant may be subject to such additional
background or character investigations as the Town Manager deems necessary
for the safety of the public.
B.
Licenses issued under this section shall be valid
only from the first Saturday in May through Labor Day, inclusive.
C.
Hours of operation: first Saturday in May to Memorial
Day and shall not begin prior to 3:00 p.m. and shall cease at 8:00
p.m.; Memorial Day through Labor Day shall not begin prior to 12:00
noon and shall cease at 8:00 p.m. Days of operation are Monday through
and including Saturday. Sunday sales shall be prohibited.
[Amended 6-27-2022 by Ord. No. 2022-06]
In addition to the penalty prescribed in § 119-13, any license issued under this chapter may be revoked by the Town Manager for the violation of any provision hereof, upon notice and hearing before the Town Manager. A license may be suspended for up to 30 days pending hearing. No part of the license fee shall be returned upon revocation of the license.
