(a)  To operate in any city or town, a mobile food establishment operator shall provide proof of having a state mobile food establishment registration to the city or town that the mobile food establishment wishes to operate in.

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Terms Used In Rhode Island General Laws 5-11.1-7

  • Department: means the department of business regulation. See Rhode Island General Laws 5-11.1-3
  • Event permit: means a permit that a city or town issues to the organizer of a public mobile food establishment event located on public property. See Rhode Island General Laws 5-11.1-3
  • Mobile food establishment: means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. See Rhode Island General Laws 5-11.1-3
  • Municipal mobile food establishment permit: means a permit issued by a city or town to a mobile food establishment operator that possesses a current state mobile food establishment registration. See Rhode Island General Laws 5-11.1-3
  • operator: means a person or corporate entity who or that owns, manages, or controls, or who or that has the duty to manage or control, the operation of a mobile food establishment. See Rhode Island General Laws 5-11.1-3
  • Registrant: means the holder of a "state mobile food establishment registration. See Rhode Island General Laws 5-11.1-3
  • registration: means a registration issued by the department which authorizes a mobile food establishment to operate in the state. See Rhode Island General Laws 5-11.1-3
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  If a mobile food establishment presents this registration, then a city or town shall not:

(1)  Impose additional qualification requirements on the mobile food establishment operator before issuing a municipal mobile food establishment permit to operate within the city or town;

(2)  Charge a fee for a municipal mobile food establishment permit, event permit, or temporary mass gathering permit greater than the maximum fee set by the department and established by regulations;

(3)  Issue a permit that expires on a date earlier or later than the day on which the state mobile food establishment registration expires; or

(4)  Require additional municipal mobile food establishment permits or charge additional fees beyond the initial municipal mobile food establishment permit and fee for the operation of that same mobile food establishment in more than one location or on more than one day within the same city and town in the same calendar year.

(c)  Nothing in this section prevents a city or town from:

(1)  Requiring a mobile food establishment operator or event organizer to obtain an event permit, provided that the fee is not greater than the maximum set by the department in regulations;

(2)  Denying, suspending, or revoking a permit that the city or town has issued if the operation of the registrant within the city or town violates the city’s or town’s land use regulations, zoning, or other ordinances in relation to the operation of a mobile food establishment; or

(3)  Requiring a separate temporary mass gathering permit, provided that the fee is not greater than the maximum set by the department in regulations.

(d)  Cities and towns will retain the authority to restrict the operation of mobile food establishments in their city or town by ordinance with respect to:

(1)  Number of permits granted;

(2)  Location of operation;

(3)  Hours of operation; and

(4)  Noise.

History of Section.
P.L. 2018, ch. 80, § 2; P.L. 2018, ch. 94, § 2.