(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAY WATER. Wastewater created through the operations of a mobile food unit; or as defined in Minnesota Administrative Rule 7080.1100, subd. 37, as it may be amended from time to time.
MOBILE FOOD UNIT. A self-contained food service operation located in a readily movable motorized wheeled or towed vehicle that is readily movable without disassembling and that is used to store, prepare, display, or serve food intended for individual portion service or a mobile food unit as defined in M.S. § 157.15, subd. 9, as it may be amended from time to time.
(B) It shall be unlawful for any person or establishment to prepare and serve food from a self-contained readily moveable vehicle without first obtaining a license from the city and paying the license fee as hereinafter described.
(C) An owner of a mobile food unit wishing to obtain a license to operate the mobile food unit in the city shall make a written application on a form approved by the city to the City Clerk according to the requirements of this section. Licenses shall be issued only upon the following terms and conditions:
(1) The license officer shall consider an application for a license under this section pursuant to the procedure set forth in § 110.07. Upon determining that the application satisfies the requirements of this section and the applicant’s payment of a license fee in an amount as the City Council may determine from time to time by resolution, issue a city license to the applicant.
(2) The license shall be issued annually and be effective January 1 of each year. An application for the license shall be made annually on or before December 1 of each year preceding the year in which the license shall be effective for licenses for the mobile food unit during the full year, or within three days prior to acquiring the devices if acquired subsequent to December 1 of the preceding year. License fees for mobile food units licensed during a year shall not be prorated where applications request a license for less than a full year or upon applications requesting a license for a portion of a year and there shall be no refund on mobile food units licensed and transferred, retired, placed in storage, or withdrawn from operation for any reason whatsoever.
(3) Licenses shall not be transferable.
(4) No license shall be granted, nor be effective, until the applicant files with the city a certificate of insurance by an insurance company authorized to do business in the State of Minnesota, evidencing the following forms of insurance:
(a) A certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance:
1. Commercial general liability insurance, with a limit of not less than $1,000,000 each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000;
2. Automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles;
3. Food products liability insurance, with a limit of not less than $1,000,000 each occurrence;
4. Public liability insurance, with a limit of not less than $1,000,000 each occurrence;
5. Property damage insurance, with a limit of not less than $1,000,000 each occurrence;
6. Workers compensation insurance (statutory limits) or evidence of exemption from state law;
7. The city shall be endorsed as an additional insured on the certificate of insurance and the umbrella/excess insurance if the applicant intends to operate its mobile food unit on public property.
8. The certificate of insurance shall state that the insurance has been endorsed to require that the city be notified ten days in advance of cancellation of the policy or a material modification of a coverage term.
(b) Licensees may achieve the insurance limits and coverage required in this section through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages specifically required under this section, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess or umbrella policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.
(c) The certificate of insurance shall state that the insurance has been endorsed to require that the city be notified ten days in advance of cancellation of the policy or a material modification of a coverage term.
(5) Applicants shall provide information, including, but not limited to the following:
(a) Written consent of each private property owner from which mobile food unit sales will be conducted;
(b) The city shall conduct a background check on the applicant;
(c) A copy of each related license or permit issued by the Minnesota Department of Health or Department of Agriculture as stated in M.S. Chapter 157 or 28A as required to operate a mobile food unit;
(d) A copy of the applicant’s state sales tax ID number; and
(e) Any other information reasonably requested by the city.
(6) An applicant whose application for a license under this section is denied shall have the right to request a hearing on such denial before City Council by submitting a written request for such a hearing to the license officer within ten days of the applicant’s receipt of notice of denial from the license officer. Upon the license officer’s receipt of a timely submitted written request for a hearing, the matter shall be submitted to City Council in accordance with the procedures established in § 110.06, and the applicant or the applicant’s representative shall have an opportunity to address and be heard by the City Council at the hearing.
(D) Location and performance standards.
(1) A mobile food unit may only operate in the locations set forth in this division.
(a) A mobile food unit may operate in the public right-of-way as provided below or in a private commercial or industrial parking lot and on private residential property, with the written consent of the private property owner.
(b) When operations occur on private residential property, mobile food unit sales may only be for catering purposes (such as a private graduation party or wedding) and not open for sales to the general public.
(c) A mobile food unit may only operate along a public street when the unit is parked in a dedicated parking stall.
(d) No mobile food unit shall be parked within 500 feet of a brick-and-mortar operational restaurant in the city without written consent from the restaurant, unless the mobile food unit is owned and operated by that restaurant, or unless the mobile food unit is part of a city-approved event.
(e) Mobile food units shall be limited to sales within city limits.
(2) A mobile food unit licensee is subject to the following performance standards:
(a) Proof of license shall be displayed at all times in the mobile food unit.
(b) A mobile food unit may only sell food and non-alcoholic beverages.
(c) A mobile food unit with an annual license may not operate on the same property more than 21 days annually (M.S. § 157.15, subd. 9, as it may be amended from time to time).
(d) No mobile food unit sales may be made between 11:00 p.m. and 7:00 a.m.
(e) A mobile food unit must dispose of its gray water daily. Gray water may not be drained into city storm water drains.
(f) The mobile food unit may have a maximum bumper to bumper length of no more than 30 feet.
(g) Mobile food units shall not encroach onto city sidewalks or obstruct pedestrian access.
(h) No mobile food unit may be operated in a manner as to constitute a nuisance within the contemplation of the statutes of this state and the ordinances of this city, or in a manner as to annoy by excessively loud noises or otherwise any individual or the public at large.
(i) Electrical cords and hookups to public utilities are not permitted except for mobile food units participating in city-sponsored community events.
(j) A mobile food unit must provide an independent power supply that is screened from public view.
(k) Propane tanks must be attached or secured to the mobile food unit and must be adequately ventilated.
(l) 1. A mobile food unit must have at least one 2A:20BC fire extinguisher in the mobile food unit.
2. If deep frying occurs in the mobile food unit, then the mobile food unit 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.
(3) A mobile food unit is not required to obtain a sign permit from the city. However, no additional signage is permitted beyond that which is on the mobile food unit unless it meets the following requirements:
(a) One single sandwich board style sign is permitted per mobile food unit;
(b) The maximum sign size is eight square feet;
(c) The sign must be placed on the ground and within ten feet of the mobile food unit;
(d) The sign cannot project from the mobile food unit or be mounted to the roof of the mobile food unit.
(4) A licensee must comply with all laws, ordinances, regulations, parking zones and posted signs.
(5) Practices prohibited. It is unlawful for any person engaged in the business of a mobile food unit operation to do the following:
(a) Call attention to that licensee’s business by crying out, blowing a horn, ringing a bell or by any loud or unusual noise, or by use of any amplifying device;
(b) Leave the mobile food unit at an authorized location outside allowed hours of operation;
(c) Operate or travel in or on public sidewalks, trails or right-of-way except as authorized in the license;
(d) Obstruct the ingress or egress from property or buildings;
(e) Fail to display proof of license and produce valid identification when requested;
(f) Remain on the property of another when asked to leave;
(g) Claim endorsements by the city based on license; or
(h) Conduct business in any manner as to create a threat to the health, safety and welfare a specific individual or the general public.
(i) For-profit mobile food units shall be prohibited from operating within city limits during city festivals and events without event participation notice by event organizers.
(E) Suspension or revocation of license. A license issued pursuant to this section may be suspended or revoked in accordance with § 110.12.
(F) Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine as described in M.S. § 609.02, Subd. 3, as amended, and/or a jail sentence not to exceed 90 days plus the cost of prosecution. Each day a violation continues to exist shall constitute a separate violation for the purposes of this section.
(Ord. 609, passed 8-26-2024)