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For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
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.
(Prior Code, § 3-20-2) (Ord. 665, passed 5-8-2017)
(A) Type of license. Each applicant must indicate whether it is applying for a temporary license or annual license for any number of days in the calendar year. A temporary license allows mobile food unit operations in the city for up to seven days total. An annual license allows mobile food unit operations in the city for eight days or more during any year. A licensee will only be issued one temporary license per calendar year, however, nothing shall prohibit a temporary licensee from applying for an annual license within the same year.
(B) License fees. Fees for both temporary and annual licenses are determined in the city’s fee schedule.
(C) Mobile food unit. It is unlawful for any person to operate a mobile food unit in the city without first obtaining a license from the city. An application for a license shall be filed, along with the required fee, with the City Clerk. The applicant must be the owner of the mobile food unit. The application shall be made on a form supplied by the city and shall contain information requested by the city, including the following:
(1) Name of the owner and operator, if different than owner, of the mobile food unit and permanent and temporary home and business address;
(2) The applicant’s full legal name, date of birth, and driver’s license number;
(3) A description of the nature of the business and the goods to be sold and the license plate number and description for any vehicle to be used in conjunction with the activity;
(4) The permanent and any temporary home and business address, phone numbers, and email address of the applicant, with a designation of a preferred mailing address for notices related to the license;
(5) The name, address, and contact information for the commissary with which the mobile food unit is affiliated, if applicable;
(6) A certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance:
(a) Commercial general liability insurance, with a limit of not less than $1,000,000 each occurrence. If the insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000.
(b) 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;
(c) Food products liability insurance, with a limit of not less than $1,000,000 each occurrence;
(d) Public liability insurance, with a limit of not less than $1,000,000 each occurrence;
(e) Property damage insurance, with a limit of not less than $1,000,000 each occurrence;
(f) Worker’s compensation insurance (statutory limits) or evidence of exemption from state law; and
(g) 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, including public right-of-way.
(7) The certificate of insurance must contain a provision requiring notification be sent to the city should the policy be cancelled before its state expiration date;
(8) Written consent of each private property owner from which mobile food unit sales will be conducted;
(9) If the mobile food unit will be located on city property or public right-of-way, a signed statement that the licensee shall hold harmless the city and its officers and employees, and shall 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;
(10) If applying only for a temporary license, the applicant must provide the dates and locations for its up to ten days of mobile food unit operations;
(11) A copy of each related license or permit issued by the county and the state required to operate a mobile food unit; and
(12) A copy of the applicant’s state sales tax ID number.
(Prior Code, § 3-20-3) (Ord. 665, passed 5-8-2017) Penalty, see § 112.99
A mobile food unit may only operate as set forth in the following.
(A) Locations. A mobile food unit may only operate in the locations set forth in this division (A). A mobile food unit may operate in a private commercial or industrial parking lot and on private residential property, with the written consent of the private property owner. 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. A mobile food unit may only operate along a public or private street when the street is closed to all nonemergency vehicles. A mobile food unit may only operate in a city park or on city property with the prior written approval by the city; additional permits may be required for such operations.
(B) Performance standards. A mobile food unit licensee is subject to the following performance standards:
(1) A mobile food unit with an annual license may not operate on the same property more than 21 days during any calendar year;
(2) Applicable license fee shall be paid;
(3) Shall operate in strict compliance with the laws, rules, and regulations of the United States, the state, the county, and the city;
(4) A mobile food unit must dispose of its gray water daily. Gray water may not be drained into city stormwater drains;
(5) Shall provide and maintain at least one clearly designated waste container for customer use per each mobile food cart or mobile food vehicle;
(6) Operator is responsible for daily removal of trash, litter, recycling and refuse. Public trash cans shall not be used to dispose of water generated by the operation. The operator shall provide a garbage receptacle with a tight-fitting lid. The receptacle shall be easily accessible for customer use, and located within five feet of the unit;
(7) A mobile food unit must provide an independent power supply that is screened from public view and that complies with city’s noise regulations;
(8) Trucks can operate between 7:00 a.m. and 10:00 p.m. and must not create any unnecessary noise disturbances or disrupt public traffic or safety in any way. An exemption to hours may be authorized by City Council on a per event basis;
(9) A mobile food unit may have a maximum bumper to bumper length of no more than 40 feet;
(10) Operators must clean around their unit at the end of each day and units must be kept in good repair and have a neat appearance;
(11) Proof of Department of Health licensing must be provided and posted on unit;
(12) A mobile food unit must comply with the Fire Department food truck requirement (attached as exhibit);
(13) An out of service mobile food unit stored within the city must comply with all applicable zoning ordinance requirements;
(14) Mobile food units may operate on private property in any residential zoned districts for a “one-time” event for catering purposes only;
(15) Mobile food units cannot locate within 300 feet from the perimeter of any pre-approved festival, sporting event, or civic event unless a license is issued to be part of the festival or event;
(16) Mobile food units may not operate within 100 feet from the public entrance to any restaurant and/or any portion of a restaurant’s outdoor dining area during that restaurant’s hours of operation unless the licensee obtains permission from restaurant owner/manager; and
(17) Mobile food units may not operate in city-owned parking lots, except those parking lots adjacent to or inside a city park with the approval of a special event permit, expect for events hosted by the city’s community center.
(C) License. A mobile food unit license is non-transferable. Proof of license shall be displayed at all times in the mobile food unit. Mobile food unit operations may not occur in January, February, March, November, and December. A mobile food unit license is an annual license.
(D) Practices prohibited. It is unlawful for any person engaged in the business of a mobile food unit operation to do the following:
(1) Call attention to that licensee’s business by crying out, blowing a horn, ringing a bell, loud music, or by 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) Cannot be left unattended nor remain at an authorized location outside allowed hours of operation;
(4) May not operate or travel in or on public sidewalks or trails;
(5) Remain on the property of another when asked to leave;
(6) Obstruct the ingress or egress from commercial buildings during the building hours of operation;
(7) Claim endorsements by the city based on license; or
(8) Conduct business in any manner as to create a threat to the health, safety, and welfare of a specific individual or the general public.
(Prior Code, § 3-20-4) (Ord. 665, passed 5-8-2017; Ord. 713, passed - -) Penalty, see § 112.99
A license issued pursuant to this section may be suspended by a city official if the licensee has violated § 112.28, or is otherwise conducting business in a manner as to constitute a breach of peace, fraudulent conduct, or any other conduct that is prohibited by local, state, or federal laws or regulations. Falsification of information required for a license is also grounds for denial, suspension, or revocation of a license. The license shall be automatically revoked if the licensee does not file an appeal pursuant to this section. When taking action on any license issued under this section, the city official shall provide the licensee with verbal or written notice of the violation. The notice shall inform the licensee of its right to be heard before the City Council. The notice shall also inform the licensee that the license shall be automatically revoked if no appeal is filed within 21 days of the date of the notice by the city official. Verbal notice shall be confirmed within five days by a mailed written notice to the licensee. The Council shall not conduct a hearing on a suspension or revocation unless a request is made by the next available Council meeting. No Council resolution or other notice calling for a hearing shall be required.
(Prior Code, § 3-20-5) (Ord. 665, passed 5-8-2017)
LICENSING OF ADULT USE BUSINESSES
(A) General requirement. No person, firm, partnership, or corporation shall operate an adult use, either principal or accessory, without having first secured a license as hereinafter provided. Licenses shall be one of two types:
(1) Adult use/accessory; and
(2) Adult use/principal.
(B) Application. In addition to such information the City Council may require, the application shall also include:
(1) If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding more than 5% of the issued and outstanding stock of the corporation;
(2) The name, address, phone number, and birth date of the manager of the operation, if different from the owners;
(3) The premises where the adult use is to be located within the entire building;
(4) A statement detailing any felony convictions by the applicant and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than 5% of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities;
(5) The activities and types of business to be conducted;
(6) The hours of operation;
(7) The provisions made to restrict access by minors; and
(8) A building plan of the premises detailing all internal operations and activities.
(C) License fees.
(1) Each application for a license shall be submitted to the City Administrator and payment made to the city. Each application for a license shall be accompanied by payment in full of the required fee for the license. All fees shall be paid into the General Fund. Upon rejection of any application for a license, the city shall refund the amount paid except for that cost to investigate the applicant.
(2) All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro-rated fee. In computing the fee, any unexpired fraction of a month shall be counted as one month.
(3) The annual fee for an adult use/accessory shall be $250. The annual fee for an adult use/principal license shall be $1,000.
(4) No part of the fee paid by any license issued under this subchapter shall be refunded except in the following instances upon application to the City Administrator within 30 days from the happening of the event. There shall be refunded a pro-rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases no less than one month before expiration of the license because of:
(a) Destruction or damage of the licensed premises by fire or other catastrophe;
(b) If the licensee is an individual, the licensee’s disabling illness. If the licensee is a partnership, the disabling illness of any general partner. If the licensee is a corporation, the disabling illness of any shareholder or shareholders who in the aggregate hold 50% or more of the issued and outstanding shares of the corporation;
(c) If the licensee is an individual, the licensee’s death. If the licensee is a partnership, the death of any general partner. If the licensee is a corporation, the death of any shareholder or shareholders who in the aggregate hold 50% or more of the issued and outstanding shares of the corporation; or
(d) A change in the legal status making it unlawful for the licensed business to continue.
(D) Granting of license.
(1) (a) The City Council shall investigate all facts set out in the application and hold a public hearing within 45 days after the City Administrator receives the application. Opportunity shall be given to any person to be heard for or against the granting of the license.
(b) After the investigation and administrative hearing, the City Council shall grant or refuse the application. The city shall grant or refuse the application within 45 days after the public hearing has closed.
(2) (a) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application.
(b) No license may be transferred to another premises without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license.
(c) All adult uses existing at the time of the adoption of this subchapter shall be required to obtain an annual license.
(E) Persons ineligible for license. No license shall be granted to or held by any person:
(1) Under 21 years of age;
(2) (a) Who has been convicted of any of the following felonies, or a shareholder, director, officer, or partner of which has been convicted of any of the following felonies:
1. Homicide;
2. Assault;
3. Any felony relating to controlled substances;
4. Kidnapping;
5. Robbery;
6. Any felony relating to prostitution;
7. Criminal sexual conduct;
8. Incest;
9. Malicious punishment of a child;
10. Receiving stolen property;
11. Any felony relating to gambling;
12. Any felony relating to dangerous weapons and/or firearms;
13. Any felony in which a dangerous weapon or firearm was used; or
14. Any other felony involving moral turpitude.
(b) The City Council may waive the provisions of division (E)(2)(a) above with respect to an adult use/accessory license and grant an adult use/accessory license to a person, partnership, or corporation a principal or principals of which have been convicted of a felony or felonies. In deciding whether to make a waiver, the Council shall consider:
1. The number of felony convictions;
2. The nature of the felony or felonies;
3. The length of time that has passed since the conviction or convictions; and
4. Whether the license is for a use that existed prior to the effective date of this subchapter.
(3) Who is not the proprietor of the establishment for which the license is issued.
(F) Places ineligible for license.
(1) No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this subchapter, or where any license hereunder has been revoked for cause, until one year has elapsed after the conviction or revocation.
(2) Except for uses lawfully existing at the time of this subchapter adoption, no license shall be granted for any adult use which is not in compliance with the city’s zoning regulations.
(G) Conditions of license.
(1) Every license shall be granted subject to the conditions in the following divisions and all other provisions of this subchapter, and of any applicable sections of the code of the city or state law.
(2) All licensed premises shall have the license posted in a conspicuous place at all times.
(3) In the case of an adult use/principal, no minor shall be permitted on the licensed premises unless accompanied by his or her parent or legal guardian.
(4) Any designated inspection officer of the city shall have the unqualified right to enter, inspect, and search the premises of a licensee during business hours.
(5) Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of order.
(6) No adult goods and/or services shall be offered, sold, transferred, conveyed, given, displayed, or bartered to any minor.
(H) Right of appeal. Any applicant whose application for an adult use license is denied, or any licensee whose license is revoked or suspended, may appeal the denial, revocation, or suspension to the County District Court within 30 days after the denial, revocation, or suspension of the license.
(Prior Code, § 3-13-1) (Ord. 219, passed 1-27-1992) Penalty, see § 112.99
EATING AND DRINKING ESTABLISHMENTS
An ordinance entitled “The National Sanitation Foundation Standards of Commercial Powered Food Preparation Equipment, Food Service Refrigerator and Food Service Storage Freezers, Automatic Ice-Making Equipment, Soda Fountain/Luncheonette Equipment and Appurtenances, Dispensing Freezers, Food Vending Machines, Food Service Equipment and Appurtenances, and Commercial Spray-Type Dishwashing Machines” is hereby adopted for all public eating, drinking, and food service establishments in the city.
(Prior Code, § 7-4-1)
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