[HISTORY: Adopted by the Town Council of the Town of Millsboro 1-2-2018. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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/beverage 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 moveable within 24 hours.
Any special event sponsored by a legally established nonprofit
organization or group of individuals that is sponsoring the special
event for community benefit and without profit-making intent.
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. This definition does not include activities or events that
are sponsored solely by the Town.
A.
All special events are prohibited unless written notice thereof and
a written application for a special event permit is submitted to the
Town Manager at least 30 days prior to the special event.
B.
The written notice and application for a special event permit shall
contain, at a minimum, the following information:
(1)
The character, time, duration, and place of the special event;
(2)
The names and addresses of the persons responsible for the special
event;
(3)
The purpose of the special event and the estimated number of persons
expected to participate;
(4)
Whether one or more mobile food vendors will be a part of the special
event; and
(5)
The names of the participating groups, organizations or other entities
and the officers of said groups, organizations or other entities.
C.
The person charged with the responsibility for giving such written
notice of and making application for the special event is the chief
officer of the group, organization or other entity sponsoring the
special event or, in the absence of such a chief officer, the person
or persons organizing and participating in the organization of the
special event.
A.
A Town-issued permit shall be required for all special events, including
nonprofit special events.
B.
As referenced in § 172-2A above, a written application for a special event permit is required for all special events and must be submitted to the Town Manager at least 30 days prior to the special event. An application fee and deposit will be charged for all special events. Such fees are set annually by resolution of the Town Council. There shall be no application fee charged for any nonprofit special event.
C.
In the furtherance of the foregoing requirements, and to promote
peace and good order, and particularly to prevent interference and
obstruction of the lawful use of the streets, the Town Manager, upon
proper application, shall issue permits for special events and shall
have the power to designate, limit, and restrict in such permits:
D.
The Town Manager, with the assistance of the Chief of Police, shall
determine the reimbursable costs for police and any other Town personnel
overtime and supplies in connection with the special event unless
the special event is cosponsored by the Town. If the special event
is not cosponsored by the Town, the participating organization(s)
shall be responsible for reimbursing the Town for the costs associated
with policing and controlling the special event.
E.
If the special event is to occur in whole or in part upon private
property, the application for the permit shall contain the signature
of the property owner, or that of the owner's designated management
agent of each property affected, together with a conspicuous statement
that the owner has been apprised of the nature of the event and that
the owner subscribes to the applicant's representations concerning
insurance coverage.
A.
The reasons for which the Town Manager may deny or modify a special
event permit include, but are not limited to:
(1)
The special event will disrupt traffic within the Town beyond practical
solution;
(2)
The special event will interfere with access to fire stations and
fire hydrants;
(3)
The location of the special event will cause undue hardship to adjacent
businesses and residents;
(4)
The special event will require the diversion of so many public employees
that allowing the special event would unreasonably deny services to
the remainder of the Town;
(5)
The participating organization or person has submitted incomplete
or false information; and/or
(6)
The participating organization or person has failed to comply with
all the terms and conditions of the special event permit.
B.
The Town Manager (or his/her designee) shall, within seven days of
receipt of a special event permit application, approve, deny and/or
modify the application.
C.
The applicant may appeal any denial and/or modification of the permit
by promptly filing with the Town Clerk a written notice setting forth
grounds for such appeal. Any such written notice of appeal must be
filed within five days of the Town Manager's decision. Said appeal
will be held before Town Council. The decision of Town Council regarding
an appeal shall be final.
The participating organization(s) or person(s) shall be responsible
for the removal of all debris, litter, and equipment associated with
a special event within seven days of the special event's conclusion.
If said debris, litter, and equipment is not removed as outlined above,
the Town's Public Works Department shall have the authority to
remove such debris, litter, and equipment at the full cost and expense
of the participating organization(s) or person(s).
A.
No mobile food vendor shall sell, solicit, dispose of or offer his/her
food, beverages, goods or products for sale within the Town unless
he/she first obtains a license issued by the Town.
B.
Licensed mobile food vendors shall only operate during the hours
of a Town-approved special event.
C.
A separate mobile food vendor license must be obtained for each special
event from which sales will be conducted.
D.
Licensed mobile food vendors shall display their license on or within
the mobile food vending unit.
A.
An application for a mobile food vendor license shall be filed with
the Town. An application fee will be charged for each mobile food
vendor application submitted. Such fees are set annually by resolution
of the Town Council. An application for a mobile food vendor license
shall set forth the following information:
(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,
organization or business represented.
(4)
If a motor vehicle is to be used:
(a)
The name and address of the owner of the motor vehicle as registered
with the appropriate state Division of Motor Vehicles, and a copy
of the current, valid registration of the motor vehicle and a copy
of the owner's driver's license.
(b)
A description of the motor vehicle, including the name of the
manufacturer, serial number, motor number and any other insignia appearing
thereon.
(c)
The date of purchase of the motor vehicle.
(d)
If the applicant is not the owner of the motor vehicle, the
interest of the applicant in said motor vehicle.
(5)
The names and addresses of persons or companies from whom the food/beverage
products to be sold, disposed of or offered for sale under this chapter
have been or are to be purchased for the purpose of resale in the
applicant's business.
(6)
The name, hours, address and nature of the special event where the
mobile food vendor will store, prepare, display, serve or sell his/her
food/beverage products and for which the mobile food vendor seeks
a license.
(7)
The mobile food vendor's hours of operation. Mobile food vendors
shall open and close no earlier than the hours permitted by the Town
for the associated special event.
(8)
A mobile food vendor vehicle is to have a fixed or semifixed location
at the special event from which sales will be conducted. Accordingly,
the applicant must submit:
(a)
A signed statement of permission from the property owner(s)
(if other than the applicant) evidencing permission to conduct food
vending at the location; and
(b)
A map of the designated location with any associated furniture
included in the drawing. Furniture may be allowed as long as it is
located within 10 feet of the mobile food vendor and does not impede
pedestrian or vehicular traffic.
B.
No individual or organization shall operate, or cause to be operated,
any mobile food vending unit within the Town without doing both of
the following:
(1)
Providing to the Town a certificate of general commercial liability
insurance from an insurance company duly licensed to transact such
business in the state, with a minimum coverage amount of $100,000
and that names the Town as an additional insured.
(2)
Affirming, in writing, that the individual or organization will forever
indemnify and hold harmless the Town and all of its agents, employees
and representatives from and against all claims, damages, losses,
suits and actions, including attorney's fees, arising or resulting
from operation of a mobile food vending unit in the Town.
A.
Upon the filing of an application for a mobile food vendor license,
the Town Manager shall investigate the facts therein set forth. The
Town Manager may then approve or deny the license application.
B.
Mobile food vendors may be located on public or private property,
provided that said vendors shall only operate at such locations during
special events. For any special event, the Town Manager, in his or
her discretion, may limit the number of mobile food vendors in order
to protect the health, safety, and welfare of the people attending
and/or the general public.
C.
Only self-contained lighting is allowed. High-intensity lights or
lighting that spills over from the special event site where the mobile
food vendor will be located and that is sufficient to cause glare,
distract drivers, or obstruct vision is prohibited.
D.
No temporary, removable vendor stand shall interfere with vehicular
or pedestrian movement on a parcel or adjacent rights-of-way.
E.
A mobile food vendor license issued shall not authorize any person,
except the person designated therein, to engage in any business thereunder.
A mobile food vendor license shall not be transferable from person
to person.
F.
The Town Manager (or his/her designee) shall, within seven days of
receipt of a mobile food vendor license application, approve, deny
and/or modify the application.
G.
The applicant may appeal any denial and/or modification of the permit
by promptly filing with the Town Clerk a written notice setting forth
grounds for such appeal. Any such written notice of appeal must be
filed within five days of the Town Manager's decision. Said appeal
will be held before Town Council. The decision of Town Council regarding
an appeal shall be final.
A.
Any special event permit or mobile food vendor license issued under
this chapter may be revoked by the Town Manager for failure to conform
to any of the provisions of this chapter. No part of the license fee
shall be returned upon revocation of the license. An appeal of a permit
or license revocation may be made by promptly filing with the Town
Clerk a written notice setting forth grounds for such appeal. Any
such written notice of appeal must be filed within five days of the
Town Manager's decision to revoke the permit or license. Said
appeal will be held before Town Council. The decision of Town Council
regarding an appeal shall be final.
B.
Any person who shall violate or fail to conform to any of the provisions
of this chapter shall be subject to monetary penalties under this
section, in such amount per violation as shall be set annually by
resolution of the Town Council, as well as the Town's costs and
expenses, including reasonable attorneys' fees, incurred to enforce
the provisions of this chapter and/or to collect the penalties or
any other fees, costs or expenses imposed hereunder. Penalties assessed
for a violation of this chapter shall be considered civil penalties,
and any action brought for the recovery of the penalties by the Town
shall be brought in any civil court of competent jurisdiction.
