ARTICLE IV. - MOBILE FOOD ESTABLISHMENTS

Sec. 46-61. - Purpose.#

The purpose of this article is to fulfill the requirements of G.L. 1956, § 5-11.1-1 entitled "State Mobile Food Establishment Registration Act" and rules and regulations promulgated by the Rhode Island Department of Business Regulation pertaining to the municipal permitting of mobile food establishments.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-62. - Definitions.#

As used in this article, the following terms shall have the meanings indicated:

Mobile food establishment 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 establishment specifically includes, but is not limited to, food trucks, food carts, ice cream trucks/carts, and lemonade trucks/carts.

Mobile food establishment permit shall mean a permit issued by the Town of Jamestown to a mobile food establishment operator that possesses a current state mobile food establishment registration.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-63. - Municipal permit required.#

A mobile food establishment, upon presenting proof of having a state mobile food establishment registration issued by the Rhode Island Department of Business Regulation, shall be issued a municipal mobile food establishment permit to operate in the town from the town clerk.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-64. - Restrictions on mobile food establishment permits.#

The qualifications for a municipal mobile food establishment permit shall not exceed the qualifications for a state mobile food establishment registration required 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. A single mobile food establishment permit shall be required to operate within the town and no additional permits shall be required for operation on more than one day and/or in more than one location in the same calendar year.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-65. - Compliance.#

The mobile food establishment shall comply with the town's land use regulations, and zoning, noise, or other ordinances in relation to the operation of a mobile food establishment, as well as all applicable statutes, rules, regulations and policies relating to food safety. Any violation of same shall be cause for suspension or revocation of a municipal food establishment permit.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-66. - Display of municipal mobile food establishment permit.#

The municipal food establishment permit shall be affixed to the mobile food establishment in a prominent place.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-67. - Permit fees.#

Every person upon making application shall pay to the town clerk the fees, which are established in appendix C.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-68. - Term of license.#

A mobile food license permit shall expire one year from the date on which the state registration was issued by the department of business regulation.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-69. - Permitted areas.#

Sales are prohibited in all areas of town unless: (1)

Licensed as a sub-applicant of a special event permit; or

(2)

Under contract with the Town of Jamestown.

(Ord. of 6-15-2020(2), § 1(Exh. A))

Sec. 46-70. - Enforcement; penalties for offenses.#

(a)

Enforcement responsibility. The police department shall be responsible for the enforcement of the provisions of this article.

(b)

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished, for each violation, by a fine of not more than $500.00 or by imprisonment for not more than 30 days. The continuation of a violation of any provision of this article shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.

(Ord. of 6-15-2020(2), § 1(Exh. A))