(A) Purpose and intent. To provide conditions under which certain mobile food vending is allowed while ensuring a minimum negative impact to neighboring land uses.
(B) General requirements.
(1) A mobile food vending operation, also known as a food truck, is defined as a self-contained vehicle or trailer that is readily movable without disassembling and is used to prepare and serve food in individual portions. This definition includes mobile food unit as defined in M.S. § 157.15, Subd. 9 as amended from time to time.
(2) All mobile food venders shall be subject to the following conditions:
(a) A city license shall be required prior to commencing mobile food vending operations.
1. The city shall establish fees for an annual mobile food vending operation license.
2. It is unlawful for any person to operate a mobile food vending operation on public property owned by the city, to include streets, sidewalks, right-of-way, parks, etc. unless it has been approved with community special events permit.
(b) A mobile food vending truck or trailer may only operate in commercial and industrial zoning districts and must be placed on concrete or bituminous surface or another surface approved by the city. An exception is provided to residential districts for private parties or events limited to the property owner. The mobile food vending operation for a residential event shall not block sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with public safety.
(c) License application requirement. It is unlawful to operate a mobile food vending operation without first obtaining a license from the city. An application for a license shall be filed, along with the required fee with the city. The applicant shall be the owner of the mobile food unit. The application shall be made on a city form and shall include at a minimum the following information:
1. Name of the owner and operator (if different than the owner) of the mobile food vending truck or unit.
2. Description of the business and goods to be sold.
3. The address and the location of where the food truck or trailer will be set up on the site.
4. A copy of each related license or permit issued by Sibley County and the state of Minnesota required to operate the mobile food vending truck or trailer.
5. Proof of city issued license shall be displayed at all times in the mobile food vending truck or trailer.
(d) License application exceptions. The following shall be exempt from the licensing provisions of this section.
1. Community special events approved and licensed or permitted by the City Council, provided participating venders are covered by the event license or permit and are otherwise compliant with the Minnesota Department of Health standards.
2. Children conducting a neighborhood lemonade stand or similar type with parent's approval and supervision.
(e) At all locations, the vendor must have written permission from the property owner and shall provide proof with the city's required application.
(f) The vendor shall comply with all applicable provisions of the city code, including, but not limited to, those regulations regarding parking, signage, lighting, and sound.
(g) The mobile food vending operation shall comply with the National Fire Protection Association Food Truck Safety Standards.
(h) Mobile food venders shall be approved by the Minnesota Department of Health and/or the Minnesota Department of Agriculture. A certificate indicating approval shall be posted and current MnDOT # posted.
(i) Mobile food venders shall be located a minimum of ten feet from all principal and accessory structures as well as five feet from the side and rear yard property lines.
(j) The vender shall provide and remove trash receptacles for customer use and keep the site in a neat and orderly condition.
(k) Mobile food vending operations on properties located in residential zoning districts shall be limited to the property owner and private parties associated with the private event. The food vending operation shall not serve the general public unless a special event permit is approved by the city. The vehicle or trailer shall be parked on private property.
(l) The placement, duration, or any other applicable requirements for operation under this section may be superseded by the provisions of an approved special event permit.
(m) Non-transferable license. A mobile food vending truck or trailer license is non-transferable.
(n) Practices prohibited. It is unlawful for any person engaged in the business of a mobile food vending truck or trailer operation to do any of the following:
1. Call attention to licensee's business by crying out, blowing a horn or other device, loud music, any loud or unusual noise, or by use of any amplifying device.
2. Fail to display proof of license and produce valid identification when requested.
3. Leave a mobile food vending truck or trailer unattended while in operation.
4. Operate the mobile food vending truck or trailer in or on public sidewalks, trails, or streets.
5. To obstruct the ingress or egress from commercial buildings during business hours.
6. To conduct business in any manner as to create a threat to the health, safety, and welfare of a specific individual or the general public.
(C) License suspension or revocation. A license issued pursuant to this section may be suspended or revoked by the city if the licensee has violated the terms of this section or is otherwise conducting business in such a manner as to constitute a breach of the license, or the licensee provided false information in the application. The licensee may appeal the license suspension or revocation to the City Council by providing a written request stating the reasons for the appeal within ten days of the city's notification of license suspension or revocation. The license shall automatically be suspended or revoked if an appeal is not filed pursuant to this subdivision. The City Council shall consider the appeal as soon as practicable upon the city receiving the appeal.
(Ord. 366, passed 8-7-2024)