A. Purpose: This section is intended to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses, and public property.
B. License And Permit Required: It is unlawful for any person to operate a mobile food unit in the city without first obtaining a license from Morrison County, or the State of Minnesota, and a permit issued by the city under this section.
C. Exemptions To Permit Requirements: A city permit is not required under the following circumstances:
1. Community events approved and licensed or permitted by the city council are exempted from the provisions of this section provided that participating vendors are covered by the event license or permit and are otherwise compliant with the Minnesota department of health standards.
2. Mobile food units serving ice cream and/or similar frozen snacks are allowed to operate within the public right-of-way in any residential zoning districts and do not require a city issued permit under this section.
3. Mobile food units may operate in a private commercial or industrial parking lot and on private residential property, with the written consent of the private property owner, without a city issued permit under this section, under the following conditions:
a. Food must be provided on a contract basis and may not be sold to customers directly for a fee.
b. The exemption does not apply to religious or educational uses in the residential zoning districts where mobile food units are contracted to provide food for a public event.
4. Mobile food units located on the Morrison county fairground property during events are exempted from the provisions of this section.
D. Permit Types: There are three (3) types of mobile food permits, as follows:
1. A limited permit allows mobile food unit operations in the city for up to seven (7) consecutive days.
2. An unlimited annual permit allows mobile food unit operations in the city for any number of days during a calendar year. All unlimited annual permits shall expire on December 31 following the date of issue.
3. Permit Fee: Fees for both limited and unlimited annual permits are determined in the city's fee schedule, adopted, and updated from time to time by resolution.
E. Permit Applications: An application for a mobile food unit permit shall be filed along with the required fee, with the zoning administrator. The application shall be made on a form approved by the city and shall contain information required by the city, including, but not limited to, the following:
1. A copy of each related license issued by Morrison County, or the State of Minnesota department of health required to operate a mobile food unit.
2. A certificate evidencing the insurance coverages consistent with the requirements of paragraph F. of this section.
3. A site plan that includes:
a. Description of the mobile food unit;
b. How many on or off street parking spaces the mobile food unit will occupy; and
c. If required, by paragraph G.3. of this section, the location of screening on the site where the mobile food unit/trailer will set up.
4. If applying only for a temporary permit, the applicant must provide the exact dates for each day up to seven (7) consecutive days of proposed mobile food unit operations.
5. A mobile food unit must comply with Minnesota State Fire Codes Section 319 on mobile food preparation vehicles and must submit to an inspection by the city before a permit is issued.
6. Hold Harmless: A mobile food unit operating on city property, including public rights-of-way, must submit a signed statement that the licensee shall hold harmless the city of Little Falls, its officers, and its employees, and shall defend and indemnify the city and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license.
7. Permit Non-Transferrable: A mobile food unit permit is non-transferrable. Proof of permit shall be always displayed in the mobile food unit.
F. Insurance: No permit 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:
1. Commercial general liability insurance, with a limit of not less than one million dollars ($1,000,000.00) each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than two million dollars ($2,000,000.00);
2. Automobile liability insurance with a limit of not less than two million dollars ($2,000,000.00) 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 one million dollars ($1,000,000.00) each occurrence;
4. Public liability insurance, with a limit of not less than one million dollars ($1,000,000.00), each occurrence;
5. Property damage insurance, with a limit of not less than one million dollars ($1,000,000.00) each occurrence;
6. Workers compensation insurance (statutory limits) or evidence of exemption from State law; and
7. The city shall be endorsed as an additional insured on the certificate of insurance and any umbrella/excess insurance if the applicant intends to operate its mobile food unit on public property.
a. Permittees 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.
b. The certificate of insurance shall state that the insurance has been endorsed to require that the city be notified ten (10) days in advance of cancellation of the policy or a material modification of a coverage term.
G. Conditions Of Permit: A mobile food unit may only operate in locations in accordance with this paragraph and any special conditions as specified in the permit:
1. Location: A mobile food unit may only operate in locations in accordance with this paragraph and any special conditions as specified in the permit:
a. Allowed Locations: Mobile food units may operate:
(1) In the Business Districts B-1 and B-2 and Industrial zoning districts. In public rights-of-way and on private property, with the written approval of the owner of record.
(2) Residential lots per paragraph C.3. of this section.
(3) In the city parking lots and city parks, at the designated mobile food unit spots. The designated mobile food unit spots are not available during a large scale street and sidewalk sale license or non-profit sponsored community events, unless authorized by the city council. The zoning administrator shall keep an official map of the city-owned locations authorized in this section.
b. Prohibited Locations: Mobile food units are prohibited from operating:
(1) Within five hundred feet (500') of a city permitted special event, unless authorized by the event organizer or on private property;
(2) Within one hundred feet (100') of a public entrance of an operating restaurant in the public right-of-way, unless authorized by the restaurant owner;
(3) In any area marked by the city for on street parking only associated with a special event.
2. Performance Standards: A mobile food unit permit holder is subject to the following performance standards:
a. A mobile food unit with an unlimited annual permit may not operate on the same public property or in the same spot in the road right-of-way more than thirty (30) days during any calendar year.
b. A mobile food unit permit holder shall operate in strict compliance with the laws, rules, and regulations of the United States, State of Minnesota, County of Morrison, and the City of Little Falls, including parking regulations, and posted signs.
c. Only food and non-alcoholic beverages shall be sold.
d. Electrical cords and hookups to public utilities are not permitted unless a community event that has been approved by the city council.
e. A mobile food unit must provide an independent power supply that is screened from public view, if not part of the vehicle, and not to exceed seventy (70) decibels.
f. A mobile food unit must dispose of its gray water daily in accordance with the city code and all applicable laws. Gray water shall not under any circumstances be drained or discharged into the city's storm water drains, anywhere on the ground or disposed of in a public trash can.
g. A mobile food unit shall provide and maintain at least one (1) clearly designated waste container for customer use per each mobile food unit located within five (5) feet of the unit. Operator is responsible for daily removal of trash, litter, recycling, and refuse.
h. Mobile foot units shall not operate before seven o’clock (7:00) A.M. or after midnight in nonresidential areas of the city, and not before seven o’clock (7:00) A.M. or after ten o’clock (10:00) P.M. in public parking lots and parks and must not create any unnecessary noise disturbances or disrupt, obstruct, or interfere with customer or public vehicular or pedestrian traffic or safety in any way.
i. Proof of Minnesota department of health or Morrison County licensing must be provided and posted on the mobile food unit.
j. One (1) A-frame sign not exceeding twelve (12) square feet per side is permitted during operation, not to impede on vehicular or pedestrian traffic.
k. A mobile food unit must not occupy more than four (4) parking spots.
l. The mobile food unit may have a maximum bumper to bumper length of no more than forty (40) feet and a maximum width of no more than one hundred and two (102) inches. The vehicle shall be self-powered, (i.e. no electrical cord(s) shall be laid across any city street or sidewalk). The vehicle shall not be left on city property after the daily hours of operation, except as otherwise provided by city code pertaining to vehicle parking.
m. Mobile food unit sites shall be kept in a neat and orderly manner and shall provide trashing and/or recycling collection and cleanup. The mobile food unit shall keep the area surrounding the mobile food unit in a sanitary condition. The mobile food unit shall be responsible for: a) collecting any visible trash or other debris from mobile food unit operations within a one hundred foot (100') circumference of the mobile food unit, which patrons have not properly disposed of; and b) removing the trash container and its contents at the end of the daily hours of operation and properly disposing of the same.
n. A mobile food unit with a Type I cooking hood, shall have said hood cleaned at least annually as required by Minnesota Fire Codes and appropriate applicable regulations.
o. A mobile food unit with a fire suppression system under the cooking hood shall have the system tested and tagged in accordance with Minnesota Fire Codes and appropriate applicable regulations.
p. A mobile food unit must have a least one (1) 2A:20BC fire extinguisher in the mobile food unit. If deep frying occurs in the mobile food unit, then the mobile food unit must have at least one (1) Class K fire extinguisher in the mobile food unit. Each fire extinguisher must display an inspection tag dated within the past twelve (12) months.
q. Propane tanks must be attached or secured to the mobile food unit and must be adequately ventilated.
r. Mobile food units cannot obstruct the movement of pedestrian or vehicles or pose a hazard to public safety.
s. Mobile food units shall be allowed to set up one (1) hour prior to conducting food vending and shall exit from the site within one (1) hour of the close of conducting business. The licensee shall ensure that the site is free of refuse and debris prior to exiting the site.
t. An out of service mobile foot unit shall be parked and stored in accordance with the city code and applicable laws.
u. Free standing food tents, not associated with a mobile food unit are not allowed on city owned property unless they have obtained a large scale street and sidewalk sale of non-profit sponsored community event permit, or they are operating through an organization that has already obtained such permit.
v. Mobile food units may provide external seating on private property. No external seating may be provided for within the road right-of-way or in city parking lots.
3. Screening:
a. Where any mobile food unit is operating on private property and adjacent to property zoned or developed for residential use for more than seven (7) days during a calendar year, that mobile food unit shall provide screening along the boundary of the residential property. The screening must consist of a solid barrier of at least fifty percent (50%) opacity between five feet (5') and six feet (6') in height and must not extend within fifteen (15') of any street or driveway opening onto a street. A louvered fence shall be considered solid if it blocks direct vision.
b. This section does not apply to mobile food units operating on public property or in the right-of-way of any street in accordance with this section.
4. Practices Prohibited: It is unlawful for any person engaged in business of a mobile food unit operations to do the following:
a. Call attention to themselves by crying out, blowing a horn, ringing a bell, and playing music or other noise discernable beyond the unit.
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 rights-of-way except as authorized in the permit.
d. Obstruct the ingress or egress from property or buildings.
e. Conduct business in any manner as to create a threat to the health, safety, and welfare of a specific individual or the general public or fail to obey a lawful order of law enforcement or licensing or permitting authority.
H. Enforcement: A permit may be suspended, revoked, or denied for renewal for any violations of the city code or conditions of any permit. Any violation of this section or provisions of any permit shall be a misdemeanor.
I. Penalty: See Section 1.99 of this code.
(Ord. 25, 7th Series, eff. 6-14-2021; amd. Ord. 37, 7th Series, eff. 1-3-2023)