[HISTORY: Adopted by the City Council of the City of Gardner 3-20-2023 by Ord. No. 1665. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
MOBILE FOOD OPERATION
A food service operation that is operated from a moveable vehicle, has the capability of changing location, and does not remain at any one location for more than 40 consecutive days with all licenses under applicable law.
A. 
Mobile food operations, as defined herein, are permitted to operate in all residential zoning districts by special permit of the Zoning Board of Appeals per the requirements of the Zoning Ordinance, and licenses under applicable law.
B. 
Special permit from the Zoning Board of Appeals is not required for mobile food operations permitted to operate on property owned by the City of Gardner. Mobile food operations are permitted to operate in City parks with a permit granted by the Director of Public Works or their designee, and licenses under applicable law.
C. 
Mobile food operations may operate for one day in residential districts, per month, without a special permit from the Zoning Board of Appeals, with licenses under applicable law.
A. 
Mobile food operations are permitted to operate in all other nonresidential zoning districts, with a special permit granted by the Zoning Board of Appeals, and licenses under applicable law, In order to insure that the ability to maintain compliance with parking, safety and accessibility requirements of the principal uses on the site is maintained.
B. 
Mobile food operations are permitted to operate in City of Gardner parks with a permit granted by the Director of Public Works or their designee, with licenses under applicable law.
C. 
Mobile food operations are permitted to operate on privately owned land if evidence of ownership, lease, or special permission from the property owner is provided to the Building Commissioner, following the issuance of a special permit as required by the provisions of this chapter of the City Code.
D. 
Mobile food operations may be authorized to operate on all other publicly owned land by permission of the Office of the Building Commissioner and Mayor, so long as they hold all licenses under applicable law.
A. 
All mobile food operations operating within the City of Gardner will be required to obtain a City of Gardner hawkers and peddlers license, per Chapter 428 of the Code of the City of Gardner.
B. 
Mobile food operations participating in City festivals may operate without a City of Gardner hawkers and peddlers license if they have obtained a hawker-peddler license from the Commonwealth and provide a copy of this to the Chief of Police at least 30 days before the event.
A. 
All mobile food operations operating within the City of Gardner for any period of time will be required to register with the Gardner Department of Public Health, subject to the provisions of the General Laws of the Commonwealth.
A. 
All provisions of this chapter are severable. If for any reason any provision of this chapter is held to be invalid, the validity of the remainder of the chapter shall not be affected.