Public Notices - Ordinances


Below you will find our public notices for ordinance amendments or proposed new ordinances.  
Amendments or additions to the  Town Code require two readings by the Town Council, with newspaper advertising after the first and before the second.  Zoning ordinance amendments or additions only require one reading, but with three weeks of newspaper advertising.  If you have any questions about the process or about what is being proposed, please do not hesitate to contact us.  

 


TOWN OF WARREN
NOTICE OF PUBLIC HEARING

The Town Council of the Town of Warren will hold the second reading for the following Proposed Ordinance in the Council Chambers, 514 Main Street, Warren, RI on Tuesday, March 10, 2020 at 7:00 P.M. 

Proposed Ordinance: 

Chapter  18  Article I. In General
Sec. 18-7Drainage of water onto streets generally prohibited.

 (a) No person or business shall pump or allow water to drain in any manner whatsoever, directly or indirectly, onto any street or road from any source, that would in any manner create a hazardous condition or cause damage to a public way or sidewalk.

 (b) Natural drainage from driveways and lawns are specifically exempted from the requirements of this ordinance.

 (c) Violations and penalties.

 1.    Any person or business that has been found to violate the provisions of this ordinance by the Town of Warren DPW Director shall first be warned in writing and given thirty (30) days to correct to the violation.  If the violation is not corrected within thirty (30) days of the date the notice of violation is sent, the person or business shall be fined a sum not exceed $100.00 for each day of the violation.

 2.   Any person or business fined under the provisions of this article shall have the right to appeal the finding of violation within fifteen (15) days of service of the notice thereof.  Such appeals shall be taken to the Warren Municipal Court.


 TOWN OF WARREN
NOTICE OF PUBLIC HEARING

The Town Council of the Town of Warren will hold the second reading for the following Proposed Ordinance in the Council Chambers, 514 Main Street, Warren, RI on Tuesday, March 10, 2020 at 7:00 P.M. 

Proposed Ordinance: 

Ordinance in amendment of the Code of the Town of Warren, Chapter 11

Chapter 11, Article II, Alcoholic Beverages, Taverns and Victualling Houses, Division 1, Generally
Sec. 11-28 -- Limitation on number of class B Liquor Licenses  

Pursuant to the provisions of section 3-5-16 of the General Laws, the town council hereby limits the maximum number of Class B Liquor Licenses.

 The maximum number of Class BV Beverage Licenses to be issued by the town is fixed at twenty-six (26) to twenty-eight (28).

 


 TOWN OF WARREN
Ordained Ordinance: 

Chapter 11 – Licenses and Business Regulations
 ARTICLE XIV. – MOBILE FOOD ESTABLISHMENTS (“MFE”)
 Sec. 11-369. – Definitions

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

Department ("DBR") means the Department of Business Regulation 

Director means the director of the department of business regulation. 

Event permit means a permit that the city issues to the organizer of a public mobile food          establishment event located on public property. 

Fire Safety Code shall have the meaning set forth in Chapter 28.1 of Title 23 and shall include any regulations promulgated thereunder. 

Mobile food establishment ("MFE") means a food service operation that falls into either the MFET or MFEC categories, as defined below. 

Mobile food establishment truck ("MFET") means a food service operation that is operated from a movable motor driven or propelled vehicle or portable structure. MFETs should be limited in size so that they take no more than two parking spaces. 

Mobile food establishment cart ("MFEC") means a food service operation that is non-motorized, no larger than seven feet × five feet, and which are transported to a location by a separate motorized transport which then leaves the location, or which can be manually pushed or pulled to a location. Any MFEC which remains attached to the vehicle that transports it to a location shall be considered an MFET and not an MFEC. 

Mobile food establishment operator or operator means a person or corporate entity who owns, manages or controls or who has the duty to manage or control the operation of a food service establishment. 

Mobile food establishment vendor or vendor means a person who prepares, sells, cooks or serves food or beverages from a mobile food establishment. 

Municipal mobile food establishment permit means a permit issued by the town to a mobile food service establishment operator that possesses a current state mobile food establishment permit. 

Registrant means the holder of a "state mobile food establishment registration." 

RIDOH means the Rhode Island Department of Health. 

State mobile food establishment registration or registration means a registration issued by the department which authorizes a mobile food establishment to operate in the state. 

Temporary mass gathering means (i) an actual or reasonably anticipated assembly of five hundred (500) or more people that continues or reasonably can be expected to continue, for two or more hours per day; or an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks; (ii) includes but is not limited to "special events" as defined in the food code regulations promulgated by the RIDOH, and festivals and concerts; (iii) shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.

Sec. 11-370. – Purpose
The purpose of this article is to regulate the retail sale and distribution of food and beverages from trucks, vans and other moveable units in the town consistent with R.I.G.L. § 5-11-1.1.  The council finds that such regulation is necessary to preserve the health, safety and general welfare of the town and its inhabitants. 

 Sec. 11-371. – Application
In addition to the information required by R.I. Gen. Laws § 5-11.1-5, an application to operate an MFE in the town must include: 

  1. If the applicant is a business entity, all trade names and fictitious names used by the MFE;
  2. The current email address and phone number of the operator of the MFE;
  3. A completed taxpayer status affidavit;
  4. Address where MFE is located when not operating; and
  5. Any identifiable information regarding presence on the internet, including, but not limited to, website address and social media identifiers.

  Sec. 11-372. – License requirement; fee
No person shall operate and maintain an MFE for the purpose of selling and distributing food or beverage within the Town of Warren unless the owner first obtains an MFE license from the DBR pursuant to RIGL §5-11-1.1 and receives an MFE permit pursuant to this ordinance.

  1. The license fee for each such MFE permit operating with the Town shall be seventy-five dollars ($75.00) per year or any part of a year.
  2. The license fee for each such MFE permit for an event permit for a temporary mass gathering permit shall be three hundred dollars ($300.00) to be paid by the organizer.

  Sec. 11-373. – Restrictions on permit 

  1. The Town Council may deny, suspend or revoke a permit that the Town has issued if the operation of the registrant within the Town violates the Town's land use regulations, zoning or other ordinances in relation to the operation of an MFE unless deviations from land use regulations, zoning or other ordinances are specifically authorized by this ordinance.
  2. The location of the MFETs and MFECs are limited to those zoning districts where restaurants are allowed by special use permit and in no event can be located closer than two hundred fifty (250) feet to a permanent restaurant with a legally issued victualing license issued by and located in the Town.
  3. MFEs must comply with noise restrictions for the location and zoning district in which it is located.

 Section 11-374. – Approval, conditions, issuance of license 

A.        The Town Clerk shall forward the completed application to the Town Council for its         review and action.  For good cause shown by the Applicant, the Town Clerk may issue a         temporary permit and shall forward the petition to the Town Council for its review and action on the annual license.

  B.        No annual license shall be issued hereunder unless the Town Council finds that the           applicant has received all necessary approvals with respect to their MFE from the Rhode      Island Department of Health, the DBR and the Department of Motor Vehicles. 

 Section 11-375. – Other requirements of operation 

  1. The licensee shall comply with all provisions of law, ordinance, rule or regulation relating to the operation and maintenance of any MFE licensed hereunder, including licenses or permits for the sale of alcohol.  The MFE license does not authorize the service of alcoholic beverages.
  2. The licenses shall cause the license issued hereunder to be posted at all times in a conspicuous manner on the mobile food service unit.
  3. The licenses shall keep current a permit to make sales at retail from the State of Rhode Island Division of Taxation.  

Section 11-376. – Revocation or suspension of license 

The Town Council may revoke or suspend an MFE license issued hereunder after notice to the licensee and a public hearing for any of the following causes: 

  1. Upon receipt of a written complaint, the request of RIDOH or the state fire marshal, or upon its own initiative, the Town may place on probation, suspend, revoke or refuse to issue or renew a state MFE registration or may levy an administrative penalty or any combination of actions, for one or more of the following causes:
    1. Providing incorrect, misleading, incomplete or materially untrue information in the registration application;
    2. Violating any statutes, rules, regulations, ordinances or policies applicable to the safe operation of a mobile food establishment, specifically including the fire safety code and those set forth by the department, RIDOH and the state fire marshal;
    3. Obtaining or attempting to obtain a registration through misrepresentation or fraud;
    4. Having admitted to or been found to have committed any food safety or fire safety violation;
    5. Using fraudulent, coercive or dishonest practices or demonstrating incompetence, untrustworthiness or financial irresponsibility in this state or in another place;
    6. Having a registration or its equivalent denied, suspended or revoked in any other state, province, district or territory or administrative action under this section;
    7. Operating an MFE without a current and valid registration;
    8. Having its MFE license or fire safety permit denied, suspended or revoked;
    9. Having a substantive complaint of foodborne illness or food related illness;
    10. An MFE operator, vendor or principal thereof having been convicted of or pled nolo contender to a felony that is relevant to that person's suitability for an MFE registration; or
    11. Failure to comply with the Town’s zoning or other ordinances in operating the MFE, unless said operation is otherwise permitted hereunder.
    12. The Town shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this section against any person or entity who is in violation of this chapter or this title even if the person or entity's registration has been surrendered or lapsed by operation of the law.

 Section 11-377. – Expiration of licenses; renewals 

MFE licenses shall expire annually on March 31 of each year.  Application for renewal of a license shall be submitted by February 15 of each year.  It is the obligation of the registrant to timely renew registration.

 Section 11-378. – Transfer of registration prohibited 

  1. A registration shall be granted only to the applicant. One MFE is allowed per registration.
  2. A registration is not subject to transfer, sale, assignment or leasing to another person, MFE or entity without prior application to, and approval from the town. 
  3. A change in ownership requires approval from the town in order to maintain the registration.
    1. The current owner must notify the town clerk at least fourteen (14) days prior to the sale of the business.
    2. The proposed new owner must complete a registration application and met all the requirements of R.I.G.L. Chapter 5-11.1 and this Part.

 Section 11-379. – Penalty 

Any MFE who fails to comply with the provisions of this chapter may be subject to a civil penalty not to exceed two thousand dollars ($2,000.00) for each offense.