Subd. 1. Purpose. The purpose of this section is to regulate the operations of movable places of business within the city. For the purpose of this section, MOVABLE PLACES OF BUSINESS shall be defined as any vehicle, stand or device used for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering services, goods, wares, products, merchandise or selling food and/or drink ready to be consumed, while parked on public property or right-of-way.
Subd. 2. License required. It is unlawful for any person to operate a movable place of business without a license therefor from the city.
Subd. 3. License issuance fee and display. Licenses, including number and dates for which issued, shall be plainly visible on the outside of the movable place of business. Licenses may be issued on any annual or per event basis. An application on the form prescribed by the city shall be completed by the applicant and shall be accompanied by a fee as established by City Council resolution.
Subd. 4. Indemnification. Before a movable place of business license is issued by the city, the licensee shall execute and deliver to the City Clerk, on a form prescribed by the city for said purpose, an indemnification agreement holding the city harmless for any personal injury or property damage resulting from operation of said movable place of business.
Subd. 5. Restrictions. Except for operation on privately owned real property, which prior written permission by the legal owner of the premises, a movable places of business shall be allowed only at approved locations within the city, and shall not travel from point to point around the city, unless specifically authorized to do so by City Council action.
A. No movable place of business shall be allowed to dispense food on public property where there is a permit issued for another food or similar wagon in association with organized and permitted event, festival, celebration or tournament at the same location.
B. A person operating a movable place of business may apply for and receive an annual license for different sites in the city at various times throughout the license period, provided said movable place of business is only operated in one site at a time and provided that the operator notify the City Clerk of the location of the movable place of business in advance of each specific time that sales are made from the movable place of business.
Subd. 6. Movable place of business regulations.
A. No goods or services shall be sold except directly from or in the movable place of business.
B. Radios and tape players shall be permitted only inside movable place of business. No music or noise shall be permitted that can be heard within 30 feet of the movable place of business. No amplification device shall be permitted on the exterior of any movable place of business.
C. Movable place of business sales shall be permitted only between the hours of sunrise and 10:30 p.m., unless specifically given permission to deviate from these hours by City Council action.
D. Movable place of business owners shall clean up around said business at the end of each business day.
E. All movable places of business shall be kept in good repair and order and shall have a neat appearance.
F. There shall be no drainage of liquids allowed from the movable place of business onto public property.
G. In the event that a movable place of business is not used to dispense food for a period of 21 consecutive days (excluding days when food dispensation is not allowed under Subd. 5 above) the permit may be forfeited.
H. No license shall be issued to any movable place of business until such time as proof of appropriate and necessary licensure by the state.
I. Temporary electrical services for movable places of business shall be in compliance with provisions set forth with the national electrical code as the same may be amended from time to time.
Subd. 7. Forfeiture and revocation. A movable place of business license may be revoked or forfeited for violation of any of the provisions of this section or any other violation of the City Code or other applicable laws and regulations. Movable place of business licenses are not transferable.
(Ord. 509, Second Series, passed 6-21-04; Am. Ord. 660, passed 5-21-18) Penalty, see § 1.99