HomeMy WebLinkAbout05-24-21-SWSMayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Steve Scott
Agenda
May 24, 2021
Address:
1245 West Highway 96
Arden Hills MN 55112
Phone:
651.792.7800
Website:
www.cityofardenhills.org
Special City Council Work Session – 5:45 p.m.
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods,
vital business community, well-maintained infrastructure, fiscal soundness, and our long-standing tradition
as a desirable City in which to live, work, and play.
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CALL TO ORDER
1. AGENDA ITEMS Staff/Presenters Time
A. Food Truck Discussion Julie Hanson
2. COUNCIL/STAFF COMMENTS
ADJOURN
Page 1 of 2
AGENDA ITEM – 1A
MEMORANDUM
DATE: May 24, 2021 TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Food Truck Ordinance Discussion
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
For Council Consideration
Council may provide direction on amending City Code Chapter 3, Section 395 – Mobile Food Units
and Section 320 – Limited, Temporary Permits (please note the below information has been updated
from the May 17, 2021 memo Council received regarding food trucks).
Background
At its April 19, 2021 work session, the City Council directed staff to provide proposed language
amendments to City Code pertaining to mobile food truck units (food trucks). Any amendments would
seek to clarify language pertaining to residential properties hosting a mobile food unit/food truck as
well as enforcement of the ordinance. Changes could include:
• Adding clarifying language regarding who may be served
• Limiting food trucks on residential properties to two catered events per year
• Requiring residential property owners to obtain a no-fee permit (similar to garage sales and
would require an update to Section 320 – limited, temporary permits)
• Clarifying property owners may also be subject to penalties if in violation, and assign a fine/fee
(this would require an update to the 2021 Amended Fee Schedule)
Attachment A provides a draft of Section 395 for Council discussion.
Attachment B provides a draft of proposed amended language to Sections 320.09, 320.10, and 320.12
pertaining to the addition of a no-fee food truck permit, should Council decide to require this (similar to
garage sales).
Attachment C provides a preliminary draft of a residential mobile food unit/food truck application form.
Page 2 of 2
Upon further Council direction, staff could bring the ordinance amendments forward for final adoption
at the Council’s first regular meeting in June.
Budget Impact
N/A
Attachment
A: Draft City Code Chapter 3, Section 395 Amendment (redlined copy)
B: Draft City Code Chapter 3, Section 320 Amendment (redlined copy)
C. Draft Residential Mobile Food Unit/Food Truck Application
Section 395 – Mobile Food Units
(added 12/11/17)
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.
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
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 or
service to the general public. Sales or service may only be made to residents and guests at the
catered event.
The owner of the residential property must have obtained required city permits for the event as
required by Section 320 or other provision of this Code.
A mobile food unit may only operate in a City park or on City property and or rights of way with
the prior written approval or permit by the City and as specified in the approval or 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. Any mobile food unit with an annual license may not operate on the same non-
residential property more than twenty-one (21) days during any calendar year and at no more
than two catered events at a residential property during any calendar year, provided the owner of
the residential property has obtained all required permits for the event and has complied with all
terms of those permits.
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 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.
395.06 Suspension or Revocation of a License, Criminal Penalty.
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. It shall be a violation for a property owner to allow a mobile food unit to operate
on their property in violation of this Code or conditions of any license, and the property owner
may be charged with a misdemeanor or administrative penalty set by the Council (insert fine/fee
or reference to annual fees/charges ordinance).
320.08 Limited Temporary Permits - Permit Fees Established by Ordinance. The permit fees for a permit to engage in the following types of business, occupations and activities shall be as established by Ordinance adopted by Council: ∙ Christmas tree sales; ∙ Circuses and carnivals; ∙ Commercial advertising distribution; ∙ Flea markets and commercial sidewalk sales; ∙ Group picnics and camping; and ∙ Peddlers, solicitors and transient merchants (Cross reference - Peddlers and Solicitors, see Section 340) 320.09 Businesses, Occupations, and Activities for which Permit Fee not Required. The activities for which permit fees shall not be required, but nevertheless a permit shall be required, are as follows: ∙ Purchase of fireworks and operation of fireworks display or program; ∙ Boutique or garage sale; and . Mobile food unit/food truck catered parties/events; and ∙ Newspaper distribution locations. 320.10 Approval. Approval of an application for a permit to engage in the following type of activity shall be granted by the body, department or officer of the City indicated across therefrom in the following schedule: ∙ Circuses and carnivals: City Council; ∙ Commercial advertising distribution: City's designated law enforcement provider and City Administrator; ∙ Installation or construction of courtesy benches or shelters: City's designated law enforcement provider and City Administrator, if such a bench or shelter is to abut a county road, county permission must also be obtained; ∙ Fireworks purchase and/or display: City Council; ∙ Flea markets or commercial sidewalk sales: City Council; ∙ Boutiques or garage sales at a private home: City's designated law enforcement provider and City Administrator; . Mobile food unit/food truck catered parties/events: City’s designated law enforcement provider and City Administrator ∙ Group picnics or camping: park director and City Administrator; ∙ Peddlers, solicitors and transient merchants: City Administrator; ∙ Newspaper distribution locations: City's designated law enforcement provider and City Administrator; ∙ Outdoor concerts: City Council; and ∙ Roadside stands: City Administrator.
320.11 Limit on Duration and Occasion of Garage Sales. Each boutique or garage sale at a private home shall be limited to three (3) days or less in duration, and no more than two (2) such sales shall be permitted to any one homeowner per year. 320.12 Limit on Occasion of Mobile Food Unit/Food Truck Catered Parties/Events on Residential Properties. A residential property shall be limited to no more than two (2) mobile food unit/food truck catered events per calendar year.
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Phone 651.792.7800 * Fax 651.634.5137
RESIDENTIAL APPLICATION
MOBILE FOOD UNIT/FOOD TRUCK PERMIT
Applicant Name:
Applicant Address:
Email Address:
Location of Event:
Date of Operation: Hours of
Operation:
Type of Catered Event:
Important Information about Residential Mobile Food Unit/Food Truck Catered Events:
• All mobile food unit/food truck vendors must obtain a City Mobile Food Unit License
pursuant to Chapter 3, Section 395
• By signing below, residential property owners acknowledge the following:
o Per Chapter 3, Section 395.05, Subd. 1, sales or service may only be made to
residents and guests at their catered event.
o Per Chapter 3, Section 395.05, Subd. 2 A, a residential property is limited to no more
than two (2) mobile food unit/food truck catered events per calendar year.
I agree to the above:
_____________________________________ ________________________
Signature Date
__________________________________________________________________________________________________________
OFFICE USE ONLY
_______________________________________ _______________________
Approved by City Personnel Date