[HISTORY: Adopted by the Town Council of the Town of Lincoln as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
License fees — See Ch. 117, Art. III.
[Adopted as § 2-11-5 of the 1972 Code (Ch. 11, Art. 1, §§ 11-2 through 11-4, of the 1990 Code of Ordinances)]
[Added 3-15-1988 by Ord. No. 88-2; amended 10-21-2003 by Ord. No. 03-10]
Issuance of all licenses listed in Chapter 117, Fees, Article III, License Fee Schedule, of the Code of the Town of Lincoln shall be contingent upon the current payment of all Town taxes for real estate, tangible and intangible personal property and all other Town financial obligations (including any and all fire district taxes) owed by the prospective license holders and/or by any corporation or other business entity controlled by said prospective license holders. “Control of a corporation or business entity” for the purposes of this section shall mean the prospective license holders have a direct interest in or shall have attributed to them (under the Internal Revenue Service rules of attribution) an interest in said corporation or business entity equal to or greater than 10% of the total ownership interest of said corporation or business entity.
All bonds for licenses and permits shall be made to the Director of Finance and shall be deposited with and safely kept by the Director. The Director of Finance shall approve the sureties presented thereupon and no license or permit shall be issued by the Town Clerk or any other official before such approval shall have been given. The Town Solicitor shall approve such bonds as to form and execution.
[Added 9-19-2000 by Ord. No. 00-10]
A. 
Upon application to the Town Council by the holder of a victualling license issued by the Town, and upon a showing by the applicant of public convenience and necessity, the Town Council may grant the application for additional hours of operation between the hours of 2:00 a.m. through 6:00 a.m.
B. 
The provisions of Subsection A of this section shall not apply to Sunday for the hours stated therein.
C. 
The Town Council shall hold a public hearing upon any such application and shall give the public notice thereof once per week for three consecutive weeks in a daily or weekly paper of general circulation in the Town of Lincoln.
D. 
The annual licensing fee for any license issued hereunder shall be $100.
[Added 3-22-2004 by Ord. No. 04-3]
A. 
The holder of any license as enumerated in § 117-6 who shall require or desire the presence one or more detailed (off-duty) Town of Lincoln police officers at its place of business shall arrange for such detailed officer(s) solely and exclusively through the Lincoln Chief of Police or his designee.
B. 
Except as specifically provided in Subsection C of this section, the number of officers to be detailed to such a business and the hours of the day for which such officers are detailed are to be determined in the reasonable discretion of the Chief of Police or his designee.
C. 
In applicable cases, the presence, number, and hours of the day to which police officers are to be detailed to a place of business shall conform to the terms and conditions of a valid vote of the Board of License Commissioners.
D. 
Payments by a licensee for the services of any detailed officers hereunder are to be made in a manner, method and upon terms established by the Chief of Police or his designee.
[Added 9-20-2005 by Ord. No. 05-19]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HOLIDAY
Includes New Year's Day, Memorial Day, Fourth of July, Victory Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day (but only in those years that the Governor by public proclamation designates it a legal holiday), and Christmas, or on any day on which any enumerated holiday is officially celebrated.
RETAIL ESTABLISHMENT
Includes any business making sales at retail in the Town of Lincoln, but this definition does not include victualling houses principally serving prepared food for consumption on and off the premises, including those houses enumerated in Chapter 117 of this Code.
B. 
Licenses for holiday business. A retail establishment may be open on any day of the year except as specifically prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the Town Council pursuant to this section. No license shall be issued on December 25 of any year or on any Thanksgiving Day, except to:
(1) 
Pharmacies licensed under Title 5, Chapter 19.1, of Rhode Island General Laws; provided, however, that no drug (as defined in R.I.G.L. 5-19.1-2) requiring a prescription (as defined in R.I.G.L. § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as defined in R.I.G.L. § 5-19.1-2) is available on the premises.
(2) 
Retail establishments which principally sell food products as defined in R.I.G.L. § 44-18-30(9) and which employ fewer than six employees.
(3) 
Retail establishments principally engaged in the sale of cut flowers, floral products, plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories.
(4) 
Retail establishments principally engaged in the sale and/or rental of video cassette tapes.
(5) 
Retail establishments principally engaged in the preparation and/or sale of bakery products.
C. 
Retail establishments licensed pursuant to this section may be permitted to open for business during holidays on their normal business working hours.
D. 
Retail establishments licensed pursuant to this section shall be exempt from the provisions of Title 25, Chapter 1, of the R.I.G.L. entitled, "Holidays and Days of Special Observance," and those establishments may sell any items sold in the ordinary course of business with the exception of alcoholic beverages.
E. 
Retail establishments engaged principally in the preparation and/or sale of bakery products and pharmacies shall be licensed prior to the sale of those products in accordance with this section.
F. 
The Town Council may enact and promulgate rules, regulations, and conditions relating to the granting, holding, and exercising of licenses hereunder, provided that such rules, regulations, and conditions are not inconsistent with state law. Any license granted pursuant to the provisions of this section may be suspended or revoked for more than two violations of the provisions of this section and/or any rules, regulations, and conditions promulgated pursuant hereto that occur within one calendar year.
G. 
All Class A alcoholic beverage licenses granted pursuant to Chapter 117 of this Code shall permit the Sunday sales in accordance with the terms of Title 3 of the R.I.G.L. and this section, provided that such sales shall not be permitted prior to the hour of 12:00 noon or on Christmas Day, if Christmas shall occur on a Sunday.
H. 
A license under this section shall not be required for the sale upon a holiday of gasoline, oil, grease, automotive parts, automotive servicing, or automotive accessories, or for the conducting on a holiday by any farmers' market cooperative association of a wholesale auction market of fruit, vegetables, and farm products, all of which are declared to be works of necessity.
I. 
Every licensed or unlicensed person, firm, or corporation, including its officers and officials, who violates any of the provisions of their license or the provisions of this section shall be fined in an amount not exceeding $500 for the first offense and not exceeding $1,000 for each additional offense. Except as otherwise provided by R.I.G.L. § 5-23-6, the Town Council may direct the Town Solicitor to file suit in Providence County Superior Court for the violation of the provisions of this section, praying for criminal or civil injunctive or other relief.
J. 
In addition to the penalties enumerated in Subsection I of this section, the penalty for opening and operating a business on December 25 of any year or on Thanksgiving Day, unless excepted by this section, is, a fine not exceeding 30% of the sales or proceeds for that day.
[Adopted 11-19-2019 by Ord. No. 2019-10]
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT (DBR)
The Department of Business Regulation.
DIRECTOR
The Director of the Department of Business Regulation.
EVENT PERMIT
A permit that the City issues to the organizer of a public mobile food establishment event located on public property.
FIRE SAFETY CODE
Shall have the meaning set forth in Chapter 28.1 of Title 23 and shall include any regulations promulgated thereunder.
MOBILE FOOD ESTABLISHMENT (MFE)
A food service operation that falls into either the MFET or MFEC categories, as defined below.
MOBILE FOOD ESTABLISHMENT CART (MFEC)
A food service operation that is nonmotorized, no larger than seven feet by five feet, and which is transported to a location by a separate motorized transport which then leaves the location or which can be manually pushed or pulled to a location. Any MFEC which remains attached to the vehicle that transports it to a location shall be considered an MFET and not an MFEC.
MOBILE FOOD ESTABLISHMENT OPERATOR or OPERATOR
A person or corporate entity who owns, manages or controls or who has the duty to manage or control the operation of a food service establishment.
MOBILE FOOD ESTABLISHMENT TRUCK (MFET)
A food service operation that is operated from a movable motor-driven or propelled vehicle or portable structure. MFETs should be limited in size so that they take no more than two parking spaces.
MOBILE FOOD ESTABLISHMENT VENDOR or VENDOR
A person who prepares, sells, cooks or serves food or beverages from a mobile food establishment.
MUNICIPAL MOBILE FOOD ESTABLISHMENT PERMIT
A permit issued by the Town to a mobile food service establishment operator that possesses a current state mobile food establishment permit.
REGISTRANT
The holder of a state mobile food establishment registration.
RIDOH
The Rhode Island Department of Health.
STATE MOBILE FOOD ESTABLISHMENT REGISTRATION or REGISTRATION
A registration issued by the Department which authorizes a mobile food establishment to operate in the state.
TEMPORARY MASS GATHERING
A. 
An actual or reasonably anticipated assembly of 200 or more people that continues or reasonably can be expected to continue, for two or more hours per day; or an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks;
B. 
Includes but is not limited to "special events" as defined in the food code regulations promulgated by the RIDOH, and festivals and concerts;
C. 
Shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.
The purpose of this article is to regulate the retail sale and distribution of food and beverages from trucks, vans and other moveable units in the town consistent with R.I.G.L. § 5-11-1.1. The Council finds that such regulation is necessary to preserve the health, safety and general welfare of the Town and its inhabitants.
In addition to the information required by R.I.G.L. § 5-11.1-5, an application to operate an MFE in the Town must include:
A. 
If the applicant is a business entity, all trade names and fictitious names used by the MFE;
B. 
The current email address and phone number of the operator of the MRE;
C. 
A completed taxpayer status affidavit;
D. 
Address where MFE is located when not operating; and
E. 
Any identifiable information regarding presence on the internet, including, but not limited to, website address and social media identifiers.
A. 
No person shall operate and maintain an MFE for the purpose of selling and distributing food or beverage within the Town unless the owner first obtains an MFE license from the DBR pursuant to R.I.G.L. § 5-11-1.1 and receives an MFE permit pursuant to Town ordinance.
B. 
The license fee for each such MFE permit operating with the Town shall be $75 per year or any part of a year.
C. 
The license fee for each such MFE permit for an event permit for a temporary mass gathering permit shall be $300 to be paid by the organizer.
A. 
The Council may deny, suspend or revoke a permit that the Town has issued if the operation of the registrant within the Town violates the Town's land use regulations, zoning or other ordinances in relation to the operation of an MFE unless deviations from land use regulations, zoning or other ordinances are specifically authorized by this article.
B. 
The Council shall limit the number of MFET permits per year to six. The council shall limit the number of MFEC permits per year to six. One MFE shall be allowed per permit. An MFE operator may only obtain one permit. There is no limit on the number of temporary mass gathering permits, but applications for said temporary mass gathering permits must be submitted to the Council for approval at least six weeks in advance of the proposed gathering, and any MFE attending a temporary mass gathering must be identified by the organizer and must have a valid MFE license from DBR pursuant to R.I.G.L. § 5-11.1-1.
C. 
The location of the MFETs is limited to those locations specified in the granting of the license.
D. 
Licensed MFECs shall be allowed in locations as specified in the granting of the license.
E. 
MFEs must comply with noise restrictions for the location and zoning district in which it is located
A. 
The Town Clerk shall forward the completed application to the Council for its review and action.
B. 
No license shall be issued hereunder unless the Council finds that the applicant has received all necessary approvals with respect to their mobile food service unit from the Rhode Island Department of Health, the DBR and the Department of Motor Vehicles.
A. 
The licensee shall comply with all provisions of law, ordinance, rule or regulation relating to the operation and maintenance of any MFE licensed hereunder, including licenses or permits for the sale of alcohol. The MFE license does not authorize the service of alcoholic beverages.
B. 
The licenses shall cause the license issued hereunder to be posted at all times in a conspicuous manner on the mobile food service unit.
C. 
The licenses shall keep current a permit to make sales at retail from the State of Rhode Island Division of Taxation.
The Council may revoke or suspend an MFE license issued hereunder after notice to the licensee and a public hearing for any of the following causes:
A. 
Upon receipt of a written complaint, the request of RIDOH or the State Fire Marshal, or upon its own initiative, the Town may place on probation, suspend, revoke or refuse to issue or renew a state MFE registration or may levy an administrative penalty or any combination of actions, for one or more of the following causes:
(1) 
Providing incorrect, misleading, incomplete or materially untrue information in the registration application;
(2) 
Violating any statutes, rules, regulations, ordinances or policies applicable to the safe operation of a mobile food establishment, specifically including the fire safety code and those set forth by the Department, RIDOH and the State Fire Marshal;
(3) 
Obtaining or attempting to obtain a registration through misrepresentation or fraud;
(4) 
Having admitted to or been found to have committed any food safety or fire safety violation;
(5) 
Using fraudulent, coercive or dishonest practices or demonstrating incompetence, untrustworthiness or financial irresponsibility in this state or in another place;
(6) 
Having a registration or its equivalent denied, suspended or revoked in any other state, province, district or territory or administrative action under this section;
(7) 
Operating an MFE without a current and valid registration;
(8) 
Having its MFE license or fire safety permit denied, suspended or revoked;
(9) 
Having a substantive complaint of foodborne illness or food-related illness;
(10) 
An MFE operator, vendor or principal thereof having been convicted of or pled nolo contendere to a felony that is relevant to that person's suitability for an MFE registration; or
(11) 
Failure to comply with the Town's zoning or other ordinances in operating the MFE, unless said operation is otherwise permitted hereunder.
B. 
The Town shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this section against any person or entity who is in violation of this article or this title even if the person or entity's registration has been surrendered or lapsed by operation of the law.
MFE licenses shall expire annually on March 31 of each year. Application for renewal of a license shall be submitted by February 15 of each year. It is the obligation of the registrant to timely renew registration.
A. 
A registration shall be granted only to the applicant. One MFE is allowed per registration.
B. 
A registration is not subject to transfer, sale, assignment or leasing to another person, MFE or entity without prior application to, and approval from the Town.
C. 
A change in ownership requires approval from the Town in order to maintain the registration.
(1) 
The current owner must notify the Town Clerk at least 14 days prior to the sale of the business.
(2) 
The proposed new owner must complete a registration application and met all the requirements of R.I.G.L. § 5-11.1 and this article.
In the event any person violates any of the provisions of this article, he or she shall, upon conviction thereof, be punished by a fine not exceeding $999. This article shall be effective upon passage.