(A) No person shall engage in or conduct the business of selling popcorn, candy, ice cream, ice milk or other confectionery items from a mobile or moveable wagon, truck, trailer, or vehicle without a license issued pursuant to the provisions of this chapter. All other food catering vehicles must carry a license from the State of Minnesota Board of Agriculture and shall operate pursuant to division (F) of this section.
(B) Application for a license under this section shall include the full name of the applicant, address, date of birth and driver’s license number, a statement describing all equipment and vehicles (i.e. make, model) to be used in the course of business together with any identifying license and serial numbers. The application shall further indicate hours of operation. The applicant shall list the full names, addresses, date of birth, driver’s license number of each driver/operator of each vehicle and must notify the License Clerk of any changes or additions during the license period. All such vehicles must comply with the requirements as set forth by the Minnesota Department of Agriculture and applicant shall present proof of such license.
(C) After a license application is approved by the City Council, the applicant shall present to the License Clerk proof of insurance on each vehicle with an insurance company licensed to transact business in this state. The certificate shall state that coverage cannot be cancelled mid-term or not renewed without 30 days’ prior written notice to the city, any phraseology limiting this requirement shall be stricken. The limits of such policy are as follows:
(1) Automobile liability:
(a) Combined single limits: $500,000 each occurrence; or
(b) Bodily injury liability: $100,000 each person; $500,000 each occurrence; and
(c) Property damage liability: $100,000 each occurrence.
(2) Commercial general liability covering operations and products liability:
(a) Combined single limits: $100,000 each occurrence; $500,000 aggregate; or
(b) Bodily injury liability: $100,000 each person; $500,000 aggregate; and
(c) Property damage liability: $50,000 each occurrence.
(3) Workers’ compensation coverage: Statutory coverage to comply with M.S. § 1776.182, as it may be amended from time to time.
(D) Licensees under this section shall be restricted to the following hours for conducting business:
(1) No sales may be made between the hours of 7:00 p.m. and 9:00 a.m. of the following day.
(2) Notwithstanding the foregoing, business may be conducted until 8:30 p.m. from June 1 to Labor Day, inclusive.
(3) Despite the hourly restrictions of divisions (1) and (2), any licensee who sells or attempts to sell the products which are the subject of this section from not more than one location within a 12-hour period, may conduct business until 10:30 p.m.
(E) No licensee under this section shall call attention to his business or to his merchandise by blowing a horn, by the use of a voice amplifying device, or by any other method of causing a loud noise, provided, however, that a licensee under this section may sound a manually operated non-amplified bell only while the vehicle is in motion, and between noon and 6:00 p.m.
(F) (1) No person, while engaging in the business described in this section, shall operate a vehicle which is not equipped with warning lights to specifically indicate that the vehicle makes frequent stops and is of a slow moving nature.
(2) Mobile food catering vehicles must be parked at the street curb while engaging in vending operations and vending shall be done only from the curb side of the vehicle. Each food catering vehicle must be equipped with flashing lights on both front and rear of the vehicle, clearly visible to oncoming automobiles in full daylight. For the full period during which such food catering vehicle is stopped for vending or stopped in such a manner or place as to reasonably cause others to believe that it is proposing to engage in vending operations, said operator shall stand alongside said food catering vehicle in such manner as to be able to observe traffic coming from all directions and to observe children crossing the street in the immediate vicinity of said food catering vehicle. Such person shall give adequate warning to oncoming vehicles and to children so as to avoid accident or injury to such children.
(G) Any person violating any provision of this section, upon conviction thereof, shall be punished as provided by § 1.999.
(`77 Code, § 5.608) (Am. Ord. 1074, passed 2-13-84; Am. Ord. 1127, passed 8-25-86; Am. Ord. 1377, passed 10-12-98)