Notice of Public Hearing

Posted Friday, July 5, 2019 2:34 pm

CITY OF CRANSTON

CITY COUNCIL

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances 5-19-05 as amended will be held before the City Council on Monday, July 22, 2019 at 7:00 pm., Council Chamber, 869 Park Avenue Cranston, R.I. pursuant to Section 3.12 of the Charter.

Complete copies of the proposed Ordinance is available for public review at the City Clerk’s Office and the Cranston Central Library and on the City’s website cranstonri.com under calendar by clicking on the Council meeting date, then docket

Michael J Farina Maria Medeiros Wall, JD

Council President City Clerk

“Individuals requesting interpreter services for the deaf or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

PROPOSED ORDINANCE NO. 5-19-05 N AMENDMENT OF TITLE 5 CHAPTER 44 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “BUSINESS LICENSES AND REGULATIONS” (Mobile Food Establishments)

*As Amended in Committee June 17, 2019

**As Amended City Council June 24, 2019

***As Amended in Committee July 1, 2019

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 5.44, entitled “Permitting and Regulations of Mobile Food Trucks” is hereby deleted in its entirety and substituting the following:

Chapter 5.44 Permitting and Regulations of Mobile Food Establishments

15.44.010 – Definitions

Mobile Food Establishment (MFE). A food or beverage service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or water craft that can change locations. MFE specifically includes, but is not limited to, food trucks, food carts, ice-cream trucks/carts, and lemonade trucks/carts. For purposed of this Ordinance and as allowed by Title 230, RI Dept. of Business Regs., Sub. 35 – Mobile Food Est, Part 1.8 Permits, A.4.a the following types of MFE shall apply:

A. A MFE where food or beverage is prepared or reheated and sold from said vehicle. The type of MFE is prohibited from operating in residential areas unless catering a private event.

B. A MFE that sells prepackaged ice cream, ice cream products and frozen lemonade. This type of MFE is permitted to travel through residential zones and stop only long enough to complete the sale of their product.

The Committee on Safety Services and Licenses shall be referred to as Committee.

5.44.020 – Locational Restrictions

A. No MFE shall operate within the radius of:

**300 *400 300 feet of an open restaurant *open establishment selling the same or similar product,

**300 *400 300 feet of places of worship one-half hour before, during, or one-half hour after service or activities within such places of worship *unless sponsored by the organization.

*300 *400 300 feet of a school while in session, or one-half hour before and after school *unless sponsored by the school.

B. No MFE shall operate from any location from which said activity would restrict or interfere with the ingress or egress of abutting property owners, create a public nuisance, increase traffic congestion or delay, constitute a hazard to life and property, or obstruct adequate access to fire, police or safety vehicles.

C. The maximum time a MFE may remain in a legal parking area is four (4) hours.

5.44.030 - Mobile Food Establishment permit required.

A. No person or business entity, including a religious or charitable organization, shall operate a MFE in any public, private, restricted space or state owned property within the City, or participate in any event or mass gathering without a permit issued by the Committee.

B. The City Clerk shall provide an application form to apply for each MFE permit. The applicant must provide:

1. The name of the business and its owner or owners, and mailing address of the business, and

*2 The types of food or beverages proposed to be sold

*3. The year, make, model and registration number of the vehicle(s) to be used;

*4. The location or locations at which the operation shall take place.

*5. The days and hours of requested operation;

*2 Effective January 1, 2020, a current State Mobile Food Establishment Certificate only,

*3. If no State MFE Permit, then the following

*6. Prior to January 1, 2020:

Valid Retail State Tax Sales permit;

State Fire Marshall inspection

Health Department inspection

Proof of vehicle registration

Proof of vehicle liability insurance

2. The annual permit fee shall be $75.00.

3. A MFE permit is required for each and every mobile food truck,. The maximum fee for a single owner of multiple MFEs in any calendar year shall be $250.

4. *The permit *shall be valid for one year and shall expire on it’s the State MFE’S expiration anniversary date. *Effective March 31, 2020 the expiration date for all existing permits shall be adjusted to reflect the State MFE expiration date.

5. *All permits shall be renewed annually *during January – March prior to its expiration.

C. Permits are non-transferrable.

5.44.040 Approval Process:

A. * Applications for any permits under this chapter shall be reviewed, *and approved or *by the ratified by the Committee.

B. *All applications must be received 30 days prior to start of operation, proposed event or mass gathering.

B. Approvals of Event and Mass Gathering Permits are subject to police and fire detail, if

ordered by the Committee, which detail shall be paid by the applicant prior to the event or gathering.

C. If the application is denied in whole or in part, the committee shall state the specific reasons for the denial.

D. No permit shall be revoked, suspended, modified, or not renewed without a hearing before the Committee.

5.44.050 - Permit renewal.

A. Every mobile food MFE permit, unless suspended or revoked by the committee shall be renewed annually given that a renewal fee is paid within thirty (30) days after its one year expiration, at which time the permit holder shall forfeit the right to renew and the permit may be made available to another applicant for new permit if the limitation on the number of permits has not been reached.

B. The renewal of a permit does not also guarantee renewal of the previously approved permit.

5.44.060 Event Permit

E. A. For any event where an organizer has arranged for the operation of one or more MFE at a gathering to be located on public property, the organizer shall obtain an event permit prior to the event

*B. The fee for an event permit shall be *$250.00.* $150.00, however, the Safety Services and Licenses Committee may waive the fee if other City service fees exceed that amount.

C. All MFE participating in the event must have a valid MFE permit from the City of Cranston

D. *If the event has an anticipated assembly of five hundred (500) or more people, a Temporary Mass Gathering Permit *shall also be required instead.

5.44.070 Temporary Mass Gathering Permit

A. For any event where an organizer has an anticipated assembly of five hundred (500) or more people that is expected to continue for two (2) or more hours per day; or an event that requires a more extensive review to protection public health and safety because the event’s nature or conditions have the potential of generating environmental or health risks

i. Includes but is not limited to, “special events” as defined in the food code regulations promulgated by RIDOH, and festivals and concerts.

ii. Shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.

B. *The fee for a *event mass gathering permit shall be *$250.00 $200, however, the Safety Services and Licenses Committee may waive the fee if other City services fees exeed that amount.

C. Applications must be received 30 days prior to the event.

D. *All MFE participating in the event must have a valid MFE permit from the City of Cranston

5.44.080 - Rules and Regulations.

1. No MFE shall provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters, unless a proposal for such seating arrangements is submitted with the permit application and approved by committee

2. Consumers shall be provided with single service articles, such as plastic forks and paper plates, and a waste container for their disposal. All MFEs shall offer a waste container for public use that the operator shall empty at his own expense;

3. No MFE shall make or cause to be made any unreasonable or excessive noise in violation of city code; nor shall they attempt to sell their product by means of any loudspeaker, voice amplification system or electronic noise making device intended to attract public attention, nor shall he/she create a nuisance situation.

4. A MFE may not operate on public property unless the safety services committee and the departments have otherwise granted approval on the permit application for its operation at the particular location during specific times

5. For MFEs on public property, the city reserves the right to temporarily move a MFE to a nearby location if the approved location needs to be used for emergency purposes, snow removal, construction, or other public benefit.

6.* The cleaning of public properties shall be the responsibility of the sponsor of the event.

5.44.090 – Operation, Storage and Parking of mobile food trucks.

A. Operation Without Permit. Any MFE being operated without a valid MFE permit issued by the commissioner shall be deemed a public safety hazard and may be ticketed and impounded.

B. Unattended Vehicles Prohibited. No MFE shall be parked on the street overnight, or left unattended and unsecured at any time food is kept in the mobile food truck. Any MFE which is found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.

C. *An MFE operating shall not operate *outside of an approved route, at an unauthorized location, or beyond the hours for which the operation has been permitted shall be deemed operating without a permit in violation of this section and may be subject to enforcement under subsection *5.44.120.

***D.Storage, Service or Deliveries on Residential Property: No MFE shall be parked in front of a residential home, on the street or in the driveway next to or adjacent to a residential home for any purpose and for any length of time. No person shall park, idle or store a mobile food tuck in front of a residence or in the driveway of a residence for the purposes of overnight parking, any servicing the food truck, loading supplies into the food truck, cleaning the MFE or preparing food in said truck.

***D. Storage. Service or deliveries on residential property: No MFE over one ton in carrying weight shall be parked in front of a residential home, on the street or in the driveway next to or adjacent to a residential home for any purpose. No person shall park, idle or store an MFE in front of a residence or in the driveway of a residence for the purposes of servicing the MFE, loading supplies into the MFE, cleaning the MFE, or preparing food in said vehicle. An MFE not exceeding one ton in carrying weight may, however, be parked in a driveway of a residential home for overnight parking only.

5.44.120 - Enforcement.

A. Fine for Violation. Any permit holder operating a mobile food MFE or service in violation of any provision of this section or any rules and regulations promulgated by the committee may be subject to a fine of three hundred dollars ($300.00) per day. Each day of violation shall constitute a separate and distinct offense.

B. Revocation, Suspension, Modification. Once a permit has been issued it may be revoked, suspended, modified, or not renewed by the Committee for failure to comply with the provisions of this section or any rules and regulations promulgated by the committee.

C. Removal. Any permit holder found in violation of this section or any rules and regulations promulgated by the committee may be issued a ticket for violation and the mobile food vehicle may be impounded.

D..* Enforcement. The provisions of this section or any rules and regulations promulgated by the Committee may be enforced jointly by the Cranston Police Department and the Cranston *transportation *Inspections Department.

5.44.130 - Severability.

If any provision of this chapter is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

Section 2. This Ordinance shall take effect upon its final adoption.