§ 5-11.1-7. Authority to operate a mobile food establishment in any city or town. (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.
(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.)
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