§ 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.