[Added 7-8-2019 by Ch. No. 1971]
The purpose of this article is to fulfill the requirements of
Chapter 5-11.1-1 of the Rhode Island General Laws 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.
As used in this article, the following terms shall have the
meanings indicated:
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.
An event where an individual has ordered or commissioned
the operation of one or more mobile food establishments at a private
or public gathering.
A permit issued by the Town to the organizer of a public
mobile food establishment event located on public property.
A permit issued by the Town to a mobile food establishment
operator that possesses a current state mobile food establishment
registration.
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. This term shall include, but is not limited to, "special events"
as defined in the food code regulations promulgated by RIDOH, and
festivals and concerts, but shall not include an assembly of people
at a location with permanent facilities designed for that specific
assembly.
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.
[Amended 9-21-2020 by Ch. No. 1995]
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 municipal 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.
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.
A.
The maximum number of municipal food establishment permits that may
be issued by the Town shall be 11, unless changed by a majority vote
of the Town Council.
[Amended 6-21-2022 by Ch. No. 2025]
B.
The hours of operation allowed for mobile food establishments shall
be limited to 8:00 a.m. to no later than 11:00 p.m.
C.
Mobile food establishments must be stationary and located solely
on commercial property. If the operator of the mobile food establishment
is not the owner of the commercial property on which the activity
is to be located, said operator shall file a written, notarized consent
of the owner of said commercial property with the Town Clerk upon
application for a mobile food establishment permit.
[Amended 9-21-2020 by Ch. No. 1995]
[Amended 9-21-2020 by Ch. No. 1995]
The municipal mobile food establishment permit shall be affixed
to the mobile food establishment in a prominent place.
Any person or entity desiring to hold a mobile food service
event or temporary mass gathering on public or private property must
obtain an event permit/temporary mass gathering permit prior to holding
said event. All event permits shall be issued on the condition that
the organizer of the event must leave sufficient space to allow access
for emergency vehicles to quickly reach all food trucks in the case
of an emergency or accident in compliance with the Rhode Island Fire
Safety Code. Applications for an event permit/temporary mass gathering
permit must be received by the Town Clerk 90 days in advance of the
proposed event and shall be subject to approval of the Licensing Board.
[Amended 9-21-2020 by Ch. No. 1995]
The fees to be charged for a municipal mobile food establishment permit, an event permit, or a temporary mass gathering permit shall be as specified in Chapter 121, Fee Schedule.
[Amended 9-21-2020 by Ch. No. 1995]
A municipal mobile food establishment permit shall expire one
year from the date on which the state registration was issued by the
Department of Business Regulation.
