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City Council Ordinance 665ORDINANCE 665 ORDINANCE AMENDING SECTION 3 ADDING CHAPTER 20 - MOBILE FOOD UNITS Section 3-20-1: Purpose 3-20-2: Definitions 3-20-3: License Applications 3-20-4: Conditions of Licensing 3-20-5: Suspension or Revocation of a License 3-20-1: PURPOSE: This ordinance is designed to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses and public property. 3-20-2: DEFINITIONS: The following words and terms when used for this license shall have the following meanings unless the context clearly indicates otherwise. Mobile food unit — (1) 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 (2) A mobile food unit as defined in Minnesota Statutes Section 157.15, subdivision 9. 3-20-3: LICENSE APPLICATIONS: (A) 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 (7) days total. An annual license allows mobile food unit operations in the city for eight (8) days or more during any year. A licensee will only be issues 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 infonnation 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 of Minnesota, evidencing the following forms of insurance: a. Commercial general liability insurance, with a limit of not less than one million dollars ($1,000,000) 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). b. Automobile liability insurance with a limit of not less than two million dollars ($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 one million dollars ($1,000,000) each occurrence; d. Public liability insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence; e. Property damage insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence; f. Workers 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 is 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 (10) days of mobile food unit operations; 11. A copy of each related license or permit issued by Wright County and the State of Minnesota required to operate a mobile food unit; and 12. A copy of the applicant's state sales tax ID number. 3-20-4: CONDITIONS OF LICENSING: 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 paragraph. 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 non- emergency 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 twenty-one (2 1) 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, State of Minnesota, Wright County, and the City of Monticello. 4. A mobile food unit must dispose of its gray water daily. Gray water may not be drained into city storm water drains. 5. Shall provide and maintain at least one clearly designated waste container for customer use per each mobile food card 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 filling lid. The receptacle shall be easily accessible for customer use, and located within 5 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 a.m. and 10 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 thirty (30) 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' 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. 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 permits, expect for events hosted by the Monticello 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 a specific individual or the general public. 3-30-5: SUSPENSION OR REVOCATION OF A LICENSE. A license issued pursuant to this section may be suspended by a city official if the licensee has violated Section 4 of this ordinance, or is otherwise conducting business in such 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 subdivision. 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 licensee that the license shall be automatically revoked if no appeal is filed within twenty-one (2 1) days of the date of the notice by the city official. Verbal notice shall be confirmed within five (5) days by a mailed written notice to the licensee. The City Council shall not conduct a hearing on a suspension or revocation unless a request is made by the next available City Council meeting. No City Council resolution or other notice calling for a hearing shall be required. APPROVED FOR PUBLICATION by the City Council of Monticello, Minnesota, this Stn day of May, 2017. CITY ICELLO Brian Stumpf, May r ATTEST: Jeff O'N IlAVY Administrator VOTING IN FAVOR: Davidson, Fair, Gabler, Hilgart, and Stumpf VOTING IN OPPOSITION: None.