(A) State and county license required. No person shall operate a mobile food unit within the city limits without first having obtained the appropriate license from the state or county as may be required by M.S. Chapter 329, as it may be amended from time to time, or as may be required under any other applicable state statute, rule, or regulation.
(B) City license required. Except as otherwise provided by this chapter, no person shall operate a mobile food unit without first obtaining a city license. A license to operate a mobile food unit shall be issued pursuant to, and the operation of a mobile food unit shall be regulated by, this chapter and not by Chapter 96 of this code.
(C) Application. An application for a city license to operate a mobile food unit shall be made at least 14 regular business days before the applicant desires to begin operating a mobile food unit within the city. Application for a license shall be made on a form approved by the City Council and available from the office of the City Clerk. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this chapter and shall be grounds for denial of the license application. All applications shall be signed by the applicant.
(D) All applications shall include the following information:
(1) The applicant's full legal name;
(2) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to;
(3) A physical description of the applicant (hair color, eye color, height, weight, and distinguishing marks or features, and the like);
(4) Full address of applicant's permanent residence;
(5) Telephone number of applicant's permanent residence;
(6) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent;
(7) Full address of applicant's regular place of business, if any exists;
(8) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines;
(9) The dates on which the applicant intends to operate the mobile food unit;
(10) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the address of the location where the mobile food unit will be operated;
(11) A statement as to whether or not the applicant has been convicted within the previous five years of any felony, gross misdemeanor, or misdemeanor for violating any state or federal statute or any local ordinance, other than for minor traffic offenses;
(12) A list of the three most recent locations where the applicant has operated a mobile food unit;
(13) Proof of receipt of all required state and/or county licenses to operate a mobile food unit;
(14) Written permission of the property owner or the property owner's agent for any location to be used by the mobile food unit;
(15) Any and all additional information as may be deemed necessary by the City Council;
(16) The applicant's driver's license number or other form of identification acceptable to the city;
(17) The license plate number, registration information, vehicle identification number (VIN), and physical description for any vehicle to be used in conjunction with the licensed business operation, including proof of receipt of a MNDOT number for the mobile food unit; and
(18) Insurance. Applicants shall furnish the city with 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 such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000;
(b) Commercial automobile liability insurance with a limit of not less than $1,000,000 each occurrence. 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) Umbrella/excess liability insurance, with a limit of not less than $1,000,000 each occurrence;
(e) Workers compensation insurance (statutory limits) or evidence of exemption from state law;
(f) The city shall be endorsed as an additional insured on the general liability, auto liability, and umbrella/excess liability policies. The insurance coverage must be primary and non-contributory. This certificate must be on file with the city if the applicant intends to operate its vehicle on public property including public right-of-way;
(g) The general liability, business auto, and worker's compensation policies should all contain waivers of subrogation with reference to the City of St. Michael; and
(h) The certificate of insurance must contain a provision requiring a ten day notification be sent to the city should the policy be cancelled before its expiration.
(E) Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city licensing fee schedule ordinance as it may be amended from time to time by the City Council.
(F) Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk, or its designee, shall within ten business days determine if the application is complete. An application will be considered complete if all required information is provided. If the City Clerk, or its designee, determines that the application is incomplete, the City Clerk, or its designee, shall inform the applicant of the required, necessary information that is missing. The City Clerk, or its designee, shall review a complete application and order any investigation, including background checks, necessary to verify the information provided with the application. Within ten regular business days of receiving a complete application, the City Clerk, or its designee, shall issue the license unless grounds exist for denying the license application under § 116.05 of this chapter, in which case the Clerk, or its designee, shall deny the request for a city mobile food unit license. If the City Clerk, or its designee, denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request for a hearing.
(G) Duration. A license is valid for each calendar year, beginning January 1 and ending December 31.
(Ord. 1903, passed 6-25-19) Penalty, see § 116.99