(A) State license. Mobile food units shall hold a valid license from the State of Minnesota Department of Health or Department of Agriculture. Any conditions of the State Health Department shall be incorporated into the license issued under this section, in addition to any other conditions by the city.
(B) Insurance.
(1) A certificate of insurance that has been issued to the applicant by an insurance company authorized to do business in the State of Minnesota verifying the applicant is insured against claims arising out of all operations of such applicant under this chapter for the sum of at least one million dollars ($1,000,000.00) against liability for bodily injuries and for at least one million dollars ($1,000,000.00) against liability for damage or destruction of property. The city shall be endorsed as an additional insured on the certificate of insurance on public property including right-of-way.
(2) Certificate of insurance must contain a provision requiring at least thirty (30) days' advanced written notice to the city, or ten (10) days' written notice for non-payment of premium notification be sent to the city should the policy be cancelled before its stated expiration date.
(B) Hold harmless. A mobile food unit operating on city property, including public right-of-way, must submit a signed statement that the licensee shall hold harmless the city and its officers and 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.
(D) Duration of sales. A license shall be valid for one (1) year but the mobile food unit cannot operate in, or in front of, the same location for more than twenty-one (21) days each year within the city.
(E) Overnight storage. No overnight storage of a mobile food unit shall be permitted on city property, including public right-of-way, unless approved by City Council.
(F) Signs. No signage shall violate the provisions of this Code relating to size and number of business signs.
(G) Noise. No shouting, blowing a horn, ringing a bell, or use of any sound devices upon any of the streets, alleys, parks, or other public places of the city or upon any private premises in the city. Ice cream trucks traveling through a residential district may have outdoor music or noise-making devices to announce their presence.
(H) Parking. Mobile food units must be located on a paved surface. A mobile food unit may not operate in a traffic lane, on a sidewalk, or in any location which causes an obstruction of traffic, such as queuing of patrons or advancement of vehicles. A mobile food unit may operate on eligible public streets and occupy no more than two (2) parking spaces. No parking or sales shall take place within sixty (60) feet of an intersection of two (2) or more streets or within thirty (30) feet of a driveway that enters a public street.
(I) Hours. Hours of operation shall be allowed from 8:00 a.m. to midnight, except in a residential district in which sales shall be allowed from 8:00 a.m. to 10:00 p.m.
(J) Waste disposal. Mobile food units shall provide waste disposal and clean up all litter and garbage generated by the mobile food unit before moving from the location.
(K) Self-containment. Mobile food units shall not connect to public utilities. Any generators must be self-contained.
(L) Inspections. Mobile food units shall comply with all applicable fire codes and may be inspected by a city fire official prior to operation.
(M) Locations.
(1) Mobile food units shall be allowed in public right-of-way only in zoning districts where retail sales are allowed as permitted uses under the city's zoning code. Except that mobile food units may be located on privately owned property in the commercial and industrial zoning districts of the city with written property owner permission and residential lots as exempted per division (R)(5) below.
(2) In the B-l district only one (1) mobile food unit shall be permitted on public property located at the designated, signed parking area along Railroad Avenue. In addition to Railroad Avenue, two (2) mobile food units shall be permitted on public property located at PID 22.03435.00.
(3) Reservations are not permitted when there is a special event held at these locations unless authorized by City Council. City Council may further authorize mobile food units in the B-l district for city-sanctioned activities. Applications for the B-l district will only be accepted up to three (3) months in advance and are on a first come first serve basis with fee payment and a completed application.
(N) City parks. Mobile food units are not allowed in city parks unless they obtain written permission of the City Administrator.
(O) Seating. Mobile food units may not provide external seating unless located in an industrial zoning district.
(P) Ice cream trucks. Ice cream trucks are allowed to operate within the public right-of-way in residential districts.
(Q) Prohibitions. Mobile food units are prohibited from vending activities within five hundred (500) feet of an event for which the city has issued a special event permit, unless they are specifically authorized by the event organizer to participate in the event.
(R) Exemptions. The following business activities shall be exempt from the requirements of this section. The City Administrator shall determine if a business activity falls within these exemptions, subject to appeal to the City Council.
(1) Garage sales, public auctions, rummage sales, and craft sales.
(2) Establishing a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods, milk, and groceries.
(3) Selling goods or admissions to events by K-12 students where the proceeds of such sales benefit a program or activity in which the student is involved.
(4) Mobile food units listed as part of a special event permit issued by the city. The terms of the special event permit shall apply. City-sanctioned events are exempt.
(5) Mobile food units contracted by residential property owners for private parties where food is not sold to guests or any other members of the public. This exclusion does not include institutional uses defined in the city zoning code, § 150.503(B), in the residential zoning district where mobile food units are contracted to provide food for a public event.
(6) Mobile food units as part of a school sanctioned event on school property.
(7) Mobile food units located on Kanabec County Fairgrounds property.
(Ord. 459, passed 5-21-2019)