(A) License required. No operator shall vend from a mobile food unit within the city unless a license to do so is first obtained from the city. There shall be two types of licenses issued to mobile food units by the city:
(1) Annual mobile food unit license.
(2) One to four day per occurrence mobile food unit license.
(3) The license fees shall be established by ordinance adopted by the Council and shall entitle the operator to vend from one such vehicle for the time period specified in the license.
(B) License application and approval. Application for a mobile food unit license shall be made in writing to the City Administrator.
(1) License fee. The license fee is due at the time of filing the application. Payment may be made by either cash or check, payable to the city.
(2) Required information. The City Administrator may require certain information on the application as it deems reasonable and necessary including but not limited to the following:
(a) Applicant information. Name and address of the applicant; name and address of proposed vending location, including a signed authorization from the property owner(s) of where the mobile food unit will be located.
(b) Particular information about mobile food unit. Vehicle registration and food handling licensing, types of equipment, and power sources.
(c) Proof of compliance. Copies of all licenses or permits required by the State of Minnesota Health Department.
(d) Indemnity. A signed statement that the applicant will defend, indemnify, and hold the city harmless from any and all claims for damage to property or injury to persons which might result or arise out of the applicant’s operation of a mobile food unit as permitted by this chapter.
(e) Insurance. A certificate of insurance showing the applicant has obtained the following types of coverage:
1. Minimum liability and contractual liability policy in the amount of $1,000,000 per person.
2. Food products liability in the amount of $100,000 per person.
3. Property damage in the amount of $500,000 per incident.
4. Bodily injury in the amount of $300,000 for each accident for bodily injury.
(f) Scope of insurance. Each policy mentioned above must protect the applicant, property owners, and the city from all claims for damage to property or bodily injury, including death, which may arise from the applicant’s operation of a mobile food unit. The policies shall further provide that they may not be cancelled except upon 30 days’ written notice filed with the City Administrator. No license issued under this chapter shall be valid at any time the insurance required by this section is not maintained and evidence of its continuance is on file with the City Administrator. A certificate of insurance shall contain an acknowledgment signed by the insurer that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City Administrator by said insurance company.
(g) Final approval. Upon receipt of all required information and the payment of all required license fees, the City Administrator shall approve the application.
(C) Transfer of license prohibited. The mobile food unit license may not be transferred to another person or entity. Each license is valid for only one mobile food unit.
(D) Limitations on vending activity. The following restrictions apply to mobile food unit operators throughout the city:
(1) An operator shall not set up any dining area on public property, including but not limited to, tables, chairs, booths, stools, benches, or stand-up counters.
(2) An operator may only serve customers when the mobile food unit is lawfully stopped. At no time shall any sales be made from a portable store or food truck while it is in motion.
(3) An operator must comply with all posted parking restrictions.
(4) All waste liquids, garbage, litter, and refuse shall be kept in leak proof, non-absorbent containers which shall be kept covered with tight-fitting covers and properly disposed of. No waste liquids, garbage, litter or refuse shall be dumped or drained into sidewalks, streets, gutters, drains, trash receptacles, or any other place other than the mobile food unit. The garbage receptacle shall be easily accessible for customer use. The licensee and property owner shall be responsible for all litter and garbage left by customers.
(5) The operator must comply with the Minnesota Department of Health Food Code.
(6) Mobile food unit hours of operation must comply with the city’s existing noise ordinance, as it may be updated from time to time.
(7) An operator shall not operate from any vending activity within 100 feet of the nearest property line of any restaurant within the city.
(E) Compliance with state law. Any mobile food unit wishing to operate within the city must first meet all licensing and registration requirements under the laws of the State of Minnesota. Proof of compliance with state law is required.
(F) Notice from annual license holders. Mobile food units which purchase an annual license must give at least two weeks prior notice to the city of the mobile food unit’s desire to vend in the city on its selected date. If the mobile food unit does not provide at least two weeks prior notice to the city of its desire to vend in the city on a selected date, then the mobile food unit shall be considered in violation of this chapter and subject to the penalty and enforcement provisions in § 125.99.
(G) Exempt events. The city may grant exemptions to requirements and applications of this chapter to operators of mobile food units participating in approved events under the sponsorship and direction of approved event sponsors. The city may create and maintain a continuing list of exempt events and responsible event sponsors. The city may grant an exemption in response to a specific event sponsor request. The event sponsor may set and retain separate fees for operators of mobile food units participating in such an event.
(H) License suspension, revocation and denial. Any license issued by the city pursuant to the provisions of this chapter may be suspended, revoked, or, if in connection with the application or renewal of a license, denied upon a finding that the licensee:
(1) Failed to comply with any applicable state law, city ordinance, Minnesota Food Code, or state or county health regulation relating to a mobile food unit;
(2) Failed to possess any license, permit, or approval from any state or county authority needed in order to legally operate the mobile food unit within the State of Minnesota or Wadena County;
(3) Violated any provision of this chapter;
(4) Failed to comply with any condition set forth in the license;
(5) Allowed the mobile food unit business to be operated or maintained in a way that unreasonably annoyed, endangered or injured the safety, health, morals, comfort or repose of any considerable number of members of the public; or
(6) Provided false or misleading information on the application.
(Ord. 248, passed 9-10-2024)