Public Notice – Parke County, Ordinance 2020-03

ORDINANCE NO. 2020-03

AN ORDINANCE OF THE TOWN OF ROCKVILLE, PARKE COUNTY, INDIANA, REGARDING MOBILE CONCESSIONS

 

WHEREAS, the Town of Rockville, Parke County, Indiana (“Town”)  wishes to regulate self-contained, mobile food and beverage services who are licensed to do business in the State of Indiana and holding all requisite health department, business and resale licensure to sell food and beverages in Indiana (“Mobile Concessions”); and

 

NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Rockville, Parke County, Indiana, meeting in regular session as follows:

Section 1.

DEFINITIONS.

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

  1. MOBILE CONCESSIONS. Self-contained,   mobile  food  and  beverage  services licensed  to  do  business  in  the  State  of  Indiana  and  holding  all  requisite  health department business and resale licensures to sell food and beverages in Indiana. This term shall not include food delivery services that deliver food or beverages ordered by a purchaser to a specific address provided by the purchaser.

Section 2.

  1. PERMIT REQUIRED. The Town of Rockville, Indiana hereby adopts and requires that  owners  or operators  of any mobile  concession  business shall obtain  all state, county and town required licensures or permits before selling food or beverages in the Town of Rockville, Indiana.
  2. The Town of Rockville  hereby adopts  the following  fee schedule  for town mobile concession permits:
  3. Store front in Town of Rockville: No Charge
  4. No store front and included in an event (i.e. Bridge Festival etc.): no charge

iii.   No store front, resident of Parke County and not included in an event:

$50, nonresident of Parke County $100

  1. Permits may be obtained at Town Hall 103 W. High Street Rockville, Indiana 47872, Phone: 765-569-6253.
  2. PERMIT DISPLAY. Owners or operators of a mobile concessions business shall at all times display the permit obtained from the County Health Department and the Town of Rockville while operating within the town.
  3. MOBILE CONCESSIONS. Mobile Concessions businesses shall hereby abide by the following:
  4. Not interfere with or obstruct, or allow customers to interfere with or obstruct, the free passage of pedestrians or vehicles along any street, sidewalk, road or parking lot drive aisle; and
  5. Not park within 20 feet of an intersection; and
  6. Not park on town property within 150 feet of a brick and mortar restaurant; and
  7. Mobile Concession businesses shall seek advance permission from the property owner to be located on private property or the Town of Rockville if the mobile concessions business is located on Town property. The space available to Mobile Concession businesses at some Town events may be limited to a first come first serve basis and or require additional fees.
  8. Mobile Concessions shall be allowed to be in operation in the Town of Rockville year round excluding the month of October.
  9. Only be operational in the Town of Rockville from 7 a.m. to 9 p.m. eastern time Monday through Saturday, Sunday operations shall be allowed from noon to 9 p.m., unless otherwise approved by the town council.
  10. If electricity is required by the mobile concession it is the responsibility of the mobile concession operator to contact the Town of Rockville to arrange for service prior to operation within town limits. Electricity use charges shall be negotiated at the time of setup of electrical service connection.
  11. Professional food truck services shall only be allowed at either the Beachwood Park or at the town visitor’s center located on E. Ohio Street (commonly referred to as the Depot). Determination of Professional Food Truck status shall be made on a case by case basis to be determined by the Town of Rockville.
  12. Oversized vehicles greater than a length of 30 feet or requiring more than one parking spot shall only be allowed at Beachwood park or the Town Depot.
  13. Obtain a yearly town permit from town hall prior to operation within town limits.
  14. COMPLIANCE WITH LAWS, REGULATIONS AND ORDINANCES. Mobile concessions must comply with all local, state and federal laws, regulations and ordinances. Mobile concessions will be responsible for collecting the proper sales and food and beverage taxes and reporting to the proper state agencies.
  15. FIRE PROTECTION

REQUIREMENTS.

(A) Mobile concessions which provide services within the Town of Rockville shall be equipped with proper fire extinguishing equipment. Such equipment shall be properly installed and maintained to the State of Indiana fire Code and/or the appropriate NFPA standards. This shall include, but is not  limited   to,  all  fire  extinguishers,  grease   laden   vapor   systems   and compressed gas for cooking.

(B) Inspections. All mobile concessions providing  services  within the Town of Rockville  may be subject to inspection by the Rockville  Fire Department and/or Rockville  Police Department at any time the mobile concession is operating  within the town, to ensure compliance with § E. (A).

(C) The Rockville Fire Department or Rockville Police Department shall have authority to enforce this section.

  1. PENALTY.

Section 1.  Any person, firm or corporation who violates  any section  of this chapter  shall be subject to a fine of up to $500. A separate offense shall be deemed committed upon each day during which a violation  occurs or continues.

Section 2. All other provisions  of the Town’s ordinances not in conflict  with or specifically changed  by this ordinance  shall remain in full force and effect.

Section 3. This Ordinance  shall be in full force and effect from and upon its adoption  and due publication in accordance with Indiana law.

Unanimous consent  of Town Council  members  present on the 10th day of August 2020 to consider  the ordinance on the same date as introduced.

Liddy Dowd-Wright

Parke Swaim

Steve Farrington

Melissa Buell

 

Approved by the Town Council on the 10th day of August 2020.

Liddy Dowd-Wright

Melissa Buell

Steve Farrington

Parke Swaim

Dated this 10th day of August 2020.

Attest:

Brandy L. Asher

Clerk-Treasurer

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