DIVISION 4. - MOBILE FOOD ESTABLISHMENTS (MFE)

Footnotes:

--- (15) --- Editor's note— Ch. 1069, § 2, adopted November 4, 2019, set out provisions intended for use as §§ 14-400—14-14-411. To avoid duplication of numbering, and at the editor's discretion, these provisions have been included as 14-380—14-390.

Sec. 14-380. - Definitions.#

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 includes, but is not limited to, food trucks, food carts, ice cream trucks/carts, and lemonade trucks/carts. For the purposes of this ordinance, and as allowed by Title 230, RI Department of Business Regulation, Subchapter 35 - Mobile Food Establishments, Part 1.8 Permits, A.4. the following types of MFEs shall apply: (1)

Type A: A MFE where food is prepared or reheated and sold from said truck. This type of MFE is prohibited from operation in neighborhood residential areas unless catering a private event. MFEs operation in all other areas are subject to section 14-331.

(2)

Type B: A MFE that sells prepackaged ice cream, ice cream products and frozen lemonade. This type of MFE is permitted to travel through neighborhood residential zones and stop only long enough to complete the sale of said product. MFEs operating in all other areas are subject to section 14-331.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-381. - Municipal mobile food establishment permit required.#

No mobile food establishment registered with the Rhode Island Department of Business Regulation pursuant to Title 5, Chapter 11.1 of the Rhode Island General Laws, as amended, and any regulations promulgated thereunder, shall operate in the town without first having obtained a municipal mobile food establishment permit from the town council. The application for a permit shall include: (1)

The goods, articles, or types of food proposed to be sold.

(2)

The year, make, model and registration number of any vehicle to be used.

(3)

A valid permit to make sales at retail from the RI Division of Taxation or, in the case of a MFE, a current RI Mobile Food Establishment Certificate.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-382. - Restrictions on municipal mobile food establishment 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. Mobile food establishments shall not be regulated as hawkers or peddlers.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-383. - Grounds for denial, suspension, or revocation of municipal mobile food establishment 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 disciplinary action is taken shall notify the department of business regulation in writing and provide documentation of such discipline within three business days of the initiation of such disciplinary action.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-384. - Number of permits granted.#

The maximum number of municipal mobile food establishment permits that may be issued by the town shall be 20, unless changed by majority vote of the town council.

(Ch. 1069, § 2, 11-4-2019; Ch. 1097, § 1, 8-15-2022; Ch. 1126, § 1, 7-1-2024)

Sec. 14-385. - 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.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-386. - 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.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-387. - Electronic submission of permit applications.#

An application for a municipal mobile food establishment permit may be submitted by email or other electronic means.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-388. - Permit fee.#

The annual fee for a municipal mobile food establishment permit shall be $75.00.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-389. - 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. The fee for such a permit shall be $250.00 for each day of the event. Events organized by nonprofit organizations (as evidenced by proof of tax exempt status) must obtain an event permit, the fee for which shall be $150.00 for each day of the event. 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. All events shall be in accordance with all stipulations of this ordinance and any other land use or zoning laws of the town. The event organizer will be responsible to ensure that all MFEs submit state MFE certificates before an event permit will be issued by the town.

(Ch. 1069, § 2, 11-4-2019)

Sec. 14-390. - Permitting authority and procedure.#

The town council shall serve as the permitting authority for all permit applications relating to mobile food establishments.

(Ch. 1069, § 2, 11-4-2019; Ch. 1120, § 2, 3-18-2024)