Notwithstanding any contrary provision of any city ordinance, regulation, or rule, mobile food units shall be licensed and located as provided in this section.
Subd. 1. Permit Required. Within the city, no person shall vend from a mobile food unit without first having obtained a permit to do so from the city.
1. Form. An application for a permit shall be submitted to the city on forms prepared by the city.
2. Required Information. The applicant shall file with the application such information that will clearly establish the times and places where the applicant desires to operate; the applicant shall describe the physical characteristics of the vehicle/unit being used; the applicant shall describe products to be sold and any other information the city may require. Mobile food unit applicants wishing to operate on any publicly owned land, right-of- way, or street located in a residential district, or any city park, shall be required to meet all requirements listed under subsection 321.05.
Subd. 2. Fees. All applications for a permit under this section shall be accompanied by the fee established in the city’s fee schedule as adopted from time to time by the Council.
1. Proration of any fee in this section is not allowed.
2. There shall be no refunding of paid fees, nor shall a permit be transferrable.
3. A separate permit shall be required for each mobile food unit, regardless of ownership, and the approved permit shall be displayed on or within the unit, visible from the outside of the unit, whenever the unit is vending.
Subd. 3. Department of Health License Requirement. Applicants must provide evidence of current licensing of the unit by the State Department of Health, the State Department of Agriculture, or other approved Department of Health licensing authority.
Subd. 4. Term of Permit.
1. Annual Permits. Permits issued as an annual permit shall expire at 11:59 p.m. on December 31 of each year.
2. Termed Permit.
a. Termed permits are issued on a one- to four-day term, or a five- to ten-day term. Dates of vending are not required to be concurrent.
b. All permits issued for a specific term must adhere to the dates allowed to vend identified on the applicant’s permit.
c. Termed permit fees shall not be prorated unless otherwise specified by this Code or by law.
Subd. 5. Insurance Requirements.
1. The applicant shall carry a general policy of liability insurance which shall provide a limit of coverage of not less than $300,000/$100,000 for bodily injury and $25,000 for property damage. Mobile food units operating on any public property must provide a certificate of insurance showing the city listed as coinsured.
2. The insurance policy required by this section shall further provide that no cancellation of said insurance policy, for any cause, may be made by the insured or the insurance company without first giving 30 days’ notice to the city, in writing, of the intention to cancel.
Subd. 6. Sound Devices. No person operating a mobile food unit shall shout, make any cryout, blow a horn, ring a bell, or use any sound device, including any loud speaking radio or sound amplifying system upon any public property, or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon public property, for the purpose of attracting attention to any goods, wares, or merchandise which such permittee proposes to sell, unless prior approval with conditions is received from the city.
Subd. 7. Mobile Food Unit Operations.
1. At no time shall any sales be made from a mobile food unit while it is in motion.
2. Shall not employ or utilize any signs that are not attached directly to the vehicle/trailer/unit. Signs may not project above the unit, nor more than six inches from the side of the unit. No flashing, strobing, or intermittent lighting is allowed.
3. No external seating may be utilized while operating on public property.
4. No other equipment may be utilized that is not fully contained within the vehicle/trailer/unit while operating on public property.
5. Any generator in use must be self-contained and fully screened from view, and operate so as not to be deemed a nuisance.
6. Operations shall be limited to the number of days indicated on the applicant’s state license.
7. Applicant shall provide waste disposal for litter and garbage generated by the operation of the mobile food unit, and shall clean all such litter and garbage before moving from the location.
8. The mobile food unit and vendor shall obey the orders of any traffic control officer, peace officer, zoning official, or inspector, and shall be open to inspection during all open hours.
9. Hours of Operation.
a. Public Property. Hours of vending operation shall be allowed from 8:00 a.m. to 10:00 p.m. An exemption of this requirement would require approval from the city.
b. Private Property. Hours of vending operation shall be allowed from 7:00 a.m. to 1:00 a.m. An exemption of this requirement would require approval from the city.
Subd. 8. Mobile Food Units Prohibitions. Mobile food units are prohibited from the following vending activity:
1. Vending is not allowed at Lakeside Park located at 101 Lakeshore Drive without having first obtained a Lakeside Park vendor permit issued by the city.
2. Vending is not allowed within 500 feet of the property boundary of Lakeside Park without having first obtained a Lakeside Park vendor permit issued by the city.
3. Vending is not allowed on any publicly owned highway or county road within the city.
4. Vending is not allowed within 150 feet of the property line of any restaurant within the city.
5. Vending is not allowed within 300 feet of a community event for which the city has issued a special event permit, unless they are specifically authorized by the event sponsor to participate in the event. The terms of the special event permit shall apply.
Subd. 9. Location or Placement.
1. On Public Property.
a. No unit shall occupy more than two parking stalls.
b. In no case shall a unit vend while occupying a traffic lane, parked on a sidewalk, or in any location which obstructs or impedes traffic.
c. The unit shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or side of the street.
d. The unit shall not vend to any person standing in the traveled portion of any public street.
e. On public streets, no unit shall vend within 60 feet of the intersection of two or more public streets, nor within 30 feet of a driveway which enters onto a public street.
f. No unit shall vend while in motion.
g. There shall be no overnight parking of food trucks/vendors on any public property.
h. Connection of the unit to any public utilities is strictly prohibited.
2. On Private Property. Mobile food units are allowed to operate on private property zoned retail, commercial, or industrial, as expressly authorized by the owner/manager/agent for the private property, only for the length of time authorized by their state license, and only upon issuance of a city mobile food unit permit.