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Home My WebLink About2017-010ORDINANCE NO.2017-010 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, LICENSES AND REGULATIONS, OF THE ARDEN HILLS CITY CODE BY ADDING SECTION 395 - MOBILE FOOD UNITS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 - Licenses and Regulations, is hereby amended by adding Section 395, Mobile Food Units, in its entirety as follows: Chapter 3 — Licenses and Regulations Section 395 — Mobile Food Units 395.01 Purpose. This ordinance is intended to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses and public property. 395.02 Definitions. 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. 395.03 License Required. It is unlawful for any person to operate a mobile food unit in the City without first obtaining a license from the City. The owner of the mobile food unit shall file an application for a Mobile Food Vender License on forms provided by the City Clerk prior to operating within City boundaries. 395.04 License Applications. Subd. 1 License types. A temporary license allows mobile food unit operations in the City for up to seven (7) days total during any year. An annual license allows mobile food unit operations in the City for eight (8) days or more during any year. However, nothing shall prohibit a temporary licensee from applying for an annual license within the same year. All licenses shall expire on December 31 following the date of issue. 194390v1 Subd 2 License fees. Fees for both temporary and annual licenses are determined in the City's fee schedule. Subd. 3 Application. An application for a mobile food unit license shall be filed, along with the required fee, with the City Clerk. The application shall be made on a form approved by the City and shall contain information requested by the City, including, but not limited to, the following: A. Written consent of each owner of private property from which mobile food unit sales will be conducted. B. A copy of each related license or permit issued by Ramsey County and the State of Minnesota required to operate a mobile food unit. C. A copy of the applicant's state sales tax ID number. Subd. 4 Insurance. A. No license shall be granted, nor be effective, until the applicant files with the City proof a certificate of insurance by an insurance company � authorized to do business in the State of Minnesota, evidencing the following forms of insurance: 1. 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); 2. 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; 3. Food products liability insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence; 4. Public liability insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence; 5. Property damage insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence; 6. Workers compensation insurance (statutory limits) or evidence of exemption from state law; and 194390v1 7. 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. B. The certificate of insurance must contain a provision requiring notification be sent to the City should the policy be cancelled before its stated expiration date. 395.05 Conditions of Licensing. A mobile food unit may only operate as set forth in the following: Subd. 1 Locations. A mobile food unit may only operate in the locations set forth in this paragraph and as specified in the permit. 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 in a City park or on City property and rights of way with the prior written approval by the City and as specified in the permit, and additional park or other permits may be required for such operations. Subd. 2 Performance standards. A mobile food unit licensee is subject to the following performance standards: A. A mobile food unit with an annual license may not operate on the same property more than twenty-one (21) days during any calendar year. B. A mobile food unit licensee shall operate in strict compliance with the laws, rules, and regulations of the United States, State of Minnesota, Ramsey County, and the City of Arden Hills. C. A mobile food unit must dispose of its gray water daily. Gray water may not be drained into City storm water drains or disposed of in public trash cans. D. A mobile food unit shall provide and maintain at least one clearly designated waste container for customer use per each mobile food unit, and located within 5 feet of the unit. Operator is responsible for daily removal of trash, litter, recycling and refuse. E. A mobile food unit must provide an independent power supply that is screened from public view, public streets, and adjacent residential districts if not part of the vehicle and that complies with City's noise regulations. F. Mobile food units shall not operate before 7:00 a.m. or after 10:00 p.m. except as specifically allowed in the permit, and must not create any unnecessary noise 194390v1 disturbances or disrupt, obstruct or interfere with customer or public vehicular or pedestrian traffic or safety in any way. G. Proof of Department of Health licensing must be provided and posted on the mobile food unit. H. A mobile food unit must comply with the National Fire Protection Association's Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. I. Mobile food units cannot locate within three hundred (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. J. Mobile food units may not operate within two hundred (200) 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. K. 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 the City. Subd. 3 License. A mobile food unit license is non -transferable. Proof of license shall be displayed at all times in the mobile food unit. Subd. 4 Practices Prohibited. It is unlawful for any person engaged in the business of a mobile food unit operation to do the following: A. Call attention to that licensee's business by crying out, blowing a horn, ringing a bell, playing loud music or by any loud or unusual noise, or by use of any amplifying device. B. Leave the mobile food unit at an authorized location outside allowed hours of operation. C. Operate or travel in or on public sidewalks, trails or rights -of -way except as authorized in the permit. D. Obstruct the ingress or egress from property or buildings. E. Conduct business in any manner as to create a threat to the health, safety, and welfare of a specific individual or the general public, or fail to obey a lawful order of law enforcement or licensing personnel. 194390v1 395.06 Suspension or Revocation of a License. A license may be suspended, revoked, or denied for renewal for any violations of this Code or conditions of any license. Any violation of this Code or provisions of any license shall be a misdemeanor. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 11`h day of December, 2017, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By Za4 , j4a44,7—L — David Grant, Mayor ATTEST: Juli anson, City Clerk 194390v1