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Sec. 19-119. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, or where the definition is inconsistent with Title 5, Chapter 11.1 of the Rhode Island General Laws:
Downtown shall be defined as the area bounded by a line starting at Bristol Harbor and the extension of Washington Street, then extending easterly to the eastern edge of Wood Street, then extending southerly along the eastern edge of Wood Street to southerly most point of the intersection of Wood Street and Hope Street, then extending westerly to Bristol Harbor, and then extending northerly, bounded to west by Bristol Harbor, to the point of origin.
Event permit, as defined by R.I.G.L. § 5-11.1-3(3), means a permit that a city or town issues to the organizer of a public mobile food establishment event located on public property.
Itinerant mobile food establishment means a mobile food establishment that temporarily stops to make sales, for no longer than ten minutes in a single location. This term includes, but is not limited to, ice cream/lemonade trucks and carts.
Mobile food establishment or MFE, as defined by R.I.G.L. § 5-11.1-3(8) means 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 and food carts.
Mobile food establishment event, as defined by R.I.G.L. § 5-11.1-3(6), means an event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a private or public gathering.
Private event means an event that is not open to the general public.
Private property means property that is not publicly owned.
Public event means an event that is open to the general public, whether or not consideration is paid/donated for admittance.
Public property means property that is owned by the Town, including public streets, whether owned by the town or the state.
Temporary mass gathering, as defined by R.I.G.L. § 5-11.1-3(13), means (i) an actual or reasonably anticipated assembly of 500 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. (ii) Includes, but is not limited to, "special events" as defined in the food code regulations promulgated by RIDOH, and festivals and concerts. (iii) Shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-120. - Municipal MFE permit required.#
No mobile food establishment registered with the Rhode Island Department of Business Regulation pursuant to R.I.G.L. Title 5, Chapter 11.1, as amended, and any regulations promulgated thereunder, shall operate in the town without first having obtained a municipal mobile food establishment permit from either the town clerk or the town council, as specified herein.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-121. - Restrictions on municipal MFE permit.#
The qualifications for a municipal mobile food establishment permit shall not exceed the qualifications for a state mobile food establishment registration, as determined by the Rhode Island Department of Business Regulation. The fee for a municipal mobile food establishment permit shall not exceed the maximum fee set by the Rhode Island Department of Business Regulation and established by regulations. The municipal mobile food establishment permit shall expire on the same day that the state mobile food establishment registration expires. A single municipal mobile food establishment permit shall be required to operate within the town, and additional permits shall not be required for operation on more than one day and/or in more than one location in the same calendar year, provided however that on the day of the Fourth of July Parade, all of the Town of Bristol shall be deemed a temporary mass gathering, under the delegated authority of the Bristol Fourth of July Committee, and no mobile food establishment shall operate within the Town of Bristol on such day without the approval of said Fourth of July Committee.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-122. - Grounds for denial, suspension, or revocation of municipal MFE permit.#
The town may deny, suspend, or revoke a municipal mobile food establishment permit if the operation of the registrant within the town violates or would violate the town's land use regulations, zoning, or other ordinances in relation to the operation of a mobile food establishment. The holder of a municipal mobile food establishment permit against whom such adverse action is taken shall notify the Department of Business Regulation in writing and provide documentation of such action within three business days of the initiation of such action. The town council shall hear appeals of denial, suspension, or revocation of mobile food establishment permits.
(Ord. No. 2020-01, 2-19-20)
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Sec. 19-123. - MFE permit types and conditions.#
The following table sets forth the MFE permit types issued by the town and accompanying conditions/restrictions. Food truck type/event type Cap on permits? Hours of operation Location Restrictions Permitting Authority
Itinerant MFE No 8:00 a.m.—9:00 p.m. None Town clerk
MFE—Private event on private property 2x per year per location in residential zones; no cap in other zones 8:00 a.m.— 12:00 a.m., midnight None Town clerk
MFE—Private event on public property No 8:00 a.m.—11:00 p.m. None Town council (applicant or representative must appear)
MFE—Public event on private property No 8:00 a.m.—11:00 p.m. Not allowed downtown Town clerk
MFE—Public event on public property No 8:00 a.m.—11:00 p.m. None Town council (applicant or representative must appear)
MFE—No event No 8:00 a.m.—9:00 p.m. Not allowed in residential zoning districts or downtown Town clerk
Temporary mass gathering No To be set by town council None Town council (applicant or representative must appear)
(Ord. No. 2020-01, 2-19-20)
Sec. 19-124. - Display of municipal mobile food establishment permit.#
The municipal mobile food establishment permit shall be affixed to the mobile food establishment in a conspicuous place.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-125. - Compliance with other laws and regulations.#
Mobile food establishments shall comply with all applicable statutes, rules, regulations, and policies relating to food safety, and additionally shall comply with the fire safety code, if applicable. Additionally, mobile food establishments shall comply with all town ordinances, including but not limited to the noise ordinance.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-126. - Electronic submission of permit applications.#
An application for a municipal mobile food establishment permit may be submitted by email or other electronic means.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-127. - Permit fees.#
The annual fee for a municipal mobile food establishment permit shall be $75.00. The fee for an event on public property or a temporary mass gathering shall be $300.00, except that municipal entities including departments, boards, committees, and commissions shall be exempt from paying permit fees. Fundraisers for nonprofit entities shall also be exempt from event/temporary mass gathering permit fees.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-128. - Permit for events proposed to be located on public property.#
For any event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a gathering proposed to be located on public property, the organizer must obtain a separate event permit prior to the event, in addition to the MFE permit and any other permits that may be required. All event permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for an event permit must be received 90 days in advance of the proposed event.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-129. - Temporary mass gathering permit.#
For any temporary mass gathering located on private property, the organizer must obtain a separate temporary mass gathering permit prior to the event, in addition to the MFE permit and any other permits that may be required. All temporary mass gathering permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for a temporary mass gathering permit must be received 90 days in advance of the proposed event. The police chief or his/her designee and the director of public works or his/her designee shall review all applications and provide an advisory recommendation to the town council.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-130. - Fourth of July permits.#
The holder of a municipal mobile food establishment permit shall be required to obtain separate permits from the Fourth of July Committee for operation on the day of and in connection with the Fourth of July Parade.
(Ord. No. 2020-01, 2-19-20)
Sec. 19-131. - Annual review of MFE permits.#
No later than November 1 of each year, the town clerk and town administrator shall present a report to the town council detailing MFE permits issued during the previous year.
(Ord. No. 2020-01, 2-19-20)