(A) Unless otherwise specifically allowed elsewhere in this chapter, no vending cart or mobile food unit shall be permitted to operate for the direct sale of food or beverage therefrom to the general public at any location within the city, except when operated under the following circumstances:
(1) As part of a permitted outdoor commercial promotion as defined in and in accordance with the regulations thereof in this chapter;
(2) As part of and as a registered vendor for a community festival or permitted temporary outdoor event as defined in and in accordance with the regulations thereof in this chapter; or
(3) As part of a private event or gathering not open to the general public and no direct sales of food or beverage to the event guests are occurring, rather food or beverage is served or provided to guests gratuitously by the event host, such as graduation party, family reunion, company picnic or party.
(B) The operation of any vending cart and mobile food unit permitted under this code shall be subject to the following requirements:
(1) No vending cart or mobile food unit from which sales are being offered shall be parked within a public or private street unless part of a temporary outdoor event for which a permit has been issued and only if approved in writing by the Director of Public Works.
(2) All electrical and gas fixtures and hook-ups shall be subject to the inspection of the Fire Chief or designee and shall comply with the Minnesota State Fire Code. No vending cart or mobile food unit shall operate at an approved event if found not in compliance with the Minnesota State Fire Code and directed to cease operation by the Fire Chief or designee.
(3) The vending cart or mobile food unit shall have a valid license, if so required as a food or beverage service operation/establishment from the State of Minnesota Department of Health and the license shall be conspicuously posted on the cart/unit during operation within the city.
(4) The operator of the vending cart or mobile food unit shall properly dispose its gray water daily if the event is more than a one-day event. No gray water or other waste from the vendor's operation shall be disposed, drained or dumped into a storm drain or upon the ground.
(5) In addition to any signage imprinted upon the vending cart or mobile food unit, each vending cart or mobile food unit operation may have detached signage, subject to the following requirements:
(a) One sandwich board style sign not exceeding eight square feet;
(b) The sign shall be placed on the ground and within ten feet of the cart/unit;
(c) The sign shall not be placed within the public right-of-way, including the sidewalk/trail and boulevard area, unless allowed by a permit issued by the city; and
(d) The sign shall not project from the vending cart or mobile food unit or located on the roof of the mobile food unit.
(6) No music or other sound or message(s) shall be emitted from or by the operator of a vending cart or mobile food unit by any electronic sound system or audio equipment.
(7) Two refuse containers, each not less than 32 gallons, shall be provided and kept in clean and usable condition within ten feet of the cart/unit.
(8) The site immediately surrounding the cart/unit shall be kept in a clean, neat and orderly manner during the event and shall be cleaned and all refuse removed upon completion of the operation.
(9) A mobile food unit with a fire suppression system under the cooking hood shall have the system tested and tagged in accordance with applicable codes. A mobile food unit must have at least one 2A:20BC fire extinguisher in the mobile food unit. If deep frying occurs in the cart/unit operation, then the operator must have at least one Class K fire extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated within the past 12 months.
(10) Tents and temporary membrane structures used with or as the vending cart having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit.
(C) No mobile food unit shall be parked or stored when not in operation on any residential property, within or outside of a garage or other storage building. A mobile food unit may be parked or stored outdoors when not in operation on any property zoned as Business Park (BP), Industrial (I-1 and I-2), or a Planned Development for such uses pursuant to a conditional use permit issued by the city.
(Ord. 1089, passed 6-10-21)