[HISTORY: Adopted by the Town Council of the Town of West Greenwich 7-10-2019. Amendments noted where applicable.]
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. Mobile food establishments shall not be regulated as hawkers or peddlers.
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.
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.
The municipal mobile food establishment permit shall be affixed to the mobile food establishment in a conspicuous place.
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.
An application for a municipal mobile food establishment permit may be submitted by email or other electronic means.
The annual fee for a municipal mobile food establishment permit shall be $75.
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 $300. 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.
For any temporary mass gathering located on private property, the organizer must obtain a separate temporary mass gathering permit prior to the event. The fee for such a permit shall be $300. All temporary mass gathering 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 a temporary mass gathering permit must be received 90 days in advance of the proposed event. For the purpose of this section, a temporary mass gathering is defined as 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 shall not be limited to, special events, as defined in the food code regulations promulgated by the Rhode Island Department of Health, and festivals and concerts. This term shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.
The Town Council shall serve as the permitting authority for all permit applications relating to mobile food establishments. The Town Council shall hold a public hearing on all applications for an event permit or a temporary mass gathering permit.