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HomeMy WebLinkAbout2024-003Page 1 of 5 ORDINANCE NO. 2024-003 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, LICENSES AND REGULATIONS, SECTION 320 LIMITED, TEMPORARY PERMITS, SUBSECTIONS 320.09, 320.10 AND 320.12 AND SECTION 395 MOBILE FOOD UNITS, SUBSECTIONS 395.03, 395.04, 395.05 AND 395.06 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 – Licenses and Regulations, Section 320 – Limited, Temporary Permits, Subsections 320.09, 320.10 and 320.12 are hereby amended by deleting strikethrough language as follows: Section 320 - Limited, Temporary Permits 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; ∙ Mobile food unit/food truck 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 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. 320.12 Limit on Occasion and Duration of Mobile Food Unit/Food Truck Parties/Events on Residential Properties A residential property shall be limited to no more than two (2) mobile food unit/food truck parties/events per calendar year. Each residential property’s party/event shall not exceed more than three (3) days in duration. (Added 6/13/2022) SECTION 2. Chapter 3 – Licenses and Regulations, Section 395 –Mobile Food Units, Subsections 395.03, 395.04, 395.05 and 395.06 are hereby amended by deleting strikethrough language and adding the underlined language as follows: 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. Any Mobile food operator unit must obtain all applicable licenses prior to operating in the City, including but not limited to a license from Ramsey County or the Minnesota Department of Agriculture, as applicable. All applicable licenses must be displayed at all times in the mobile food unit. 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. Page 2 of 5 Page 3 of 5 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. 395.054 Conditions of LicensingMobile Food Unit Operation in the city. A mobile food unit may only be operated as set forth in the followingfollows: Subd. 1 Locations. A. A mobile food unit may only be operated 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. B. Mobile food units may not be located within three hundred (300’) feet from the perimeter of any pre-approved festival, sporting event, or civic event unless the licensed mobile food unit is a registered participant or vendor of such festival or event. C. Mobile food units may not be operated 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. Page 4 of 5 The owner of a residential property must have obtained a required city permit for the party/event as required by Section 320 or other provision of this Code. D. A mobile food unit may only operator or licensee must have prior written approval from the City to operate in a City park, or on City property or within City rights of way. with the prior written approval or permit by the City and as specified in the approval or permit, and aAdditional park or other permits from the City or Ramsey County, as applicable, may be required for such operations. Subd. 2 Performance standards. A mobile food unit /food truck operator or licensee is subject to the following performance standards: A. Any mobile food unit/food truck with an annual license may not operate on the same non- residential or commercial property for more than twenty-one (21) days total during any calendar year, and any mobile food unit/food truck with an annual or temporary license may operate at no more than two (2) parties/events not to exceed three (3) days in duration at a residential property during any calendar year, provided the owner of the residential property has obtained all required permits for the party/event and has complied with the terms of those permits. BA. A mobile food unit operator or licensee shall operate the mobile food unit in strict compliance with the applicable laws, rules, and regulations of the United States, State of Minnesota, Ramsey County, and the City of Arden Hills. CB. A mobile food unit operator or licensee must dispose of the unit’sits gray water daily. Gray water may not be drained into City storm water drains or disposed of in public trash cans. DC. A mobile food unit operator or licensee shall provide and maintain at least one clearly designated waste container for customer useper each mobile food unit, and located within 5five feet (5’) of the unit. Operator or licensee is responsible for daily removal of trash, litter, recycling and refuse. ED. Unless the vehicle is equipped with an internal power supply, Aa mobile food unit must provide operate on an independent power supply that is screened from public view, public streets, and adjacent residential districts. if not part of the vehicle and that Any power supply must be operated in compliescompliance with City’s noise regulations. FE. Mobile food units shall not be operated before 7:00 a.m. or after 10:00 p.m. except as specifically allowed in the permit and must shall not be operated in such a manner that creates any unnecessary noise disturbances or disrupt s, obstructs or interferes with customer or public vehicular or pedestrian traffic or safety in any way. GF. Proof of a valid license(s) from any applicable licensing authority, as required in Section 395.03 of this Code, must Department of Health licensing must be provided and posted on the mobile food unit. HG. A mobile food unit must be operated in compliancecomply 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. Page 5 of 5 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. 43 Practices Prohibited. It is unlawful for any mobile food unit operator or licensee person engaged in the business of a mobile food unit operation to do any of the following: A. Call attention to that licensee’s businessthe mobile food unit 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 of allowedhours allowed for of operation or at any unauthorized location. C. Operate or travel in or on public sidewalks, trails or rights-of-way. except as authorized in the permit. D. Obstruct the ingress to or egress from public or private property or buildings. E. Conduct business in any manner as tothat creates a threat to the health, safety, and welfare of a specific individual or the general public. F., or Ffail to obey a lawful order of a law enforcement officer, the City Building Official or City Inspector/Code Enforcement official, or agent of the applicable licensing authoritypersonnel. (Amended 6/13/2022) 395.06 Suspension or Revocation of a License, Criminal Penalty. A mobile food unit/food truck vendor’s 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 mobile food unit/food truck’s license shall be a misdemeanor. A residential property owner shall be issued a warning for a first offense for failure to obtain the required permit as set forth in Section 320. Following a second offense, a resident may be charged an administrative penalty as set forth by the City Council (see Fee Schedule – Appendix A) for failure to obtain the required permit as set forth in Section 320. It shall be a violation for any property owner to allow a mobile food unit/food truck to operate on their property in violation of this Code or conditions of any license or permit. (Amend 6/13/2022) SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 22nd day of April, 2024, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: _____________________________ Julie Hanson, City Clerk Page 1 of 4 ORDINANCE NO. 2024-003 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, LICENSES AND REGULATIONS, SECTION 320 LIMITED, TEMPORARY PERMITS, SUBSECTIONS 320.09, 320.10 AND 320.12 AND SECTION 395 MOBILE FOOD UNITS, SUBSECTIONS 395.03, 395.04, 395.05 AND 395.06 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 3 – Licenses and Regulations, Section 320 – Limited, Temporary Permits, Subsections 320.09, 320.10 and 320.12 are hereby amended as follows: Section 320 - Limited, Temporary Permits 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; ∙ 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; ∙ Group picnics or camping: park director and City Administrator; ∙ Peddlers, solicitors and transient merchants: City Administrator; Page 2 of 4 ∙ Newspaper distribution locations: City's designated law enforcement provider and City Administrator; ∙ Outdoor concerts: City Council; and ∙ Roadside stands: City Administrator. SECTION 2. Chapter 3 – Licenses and Regulations, Section 395 –Mobile Food Units, Subsections 395.03, 395.04, 395.05 and 395.06 are hereby amended as follows: 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. Any Mobile food operator unit must obtain all applicable licenses prior to operating in the City, including but not limited to a license from Ramsey County or the Minnesota Department of Agriculture, as applicable. All applicable licenses must be displayed at all times in the mobile food unit. 395.04 Conditions of Mobile Food Unit Operation in the city. A mobile food unit may only be operated as follows: Subd. 1 Locations. A. A mobile food unit may be operated in a private commercial or industrial parking lot and on private residential property. B. Mobile food units may not be located within three hundred (300’) feet from the perimeter of any pre-approved festival, sporting event, or civic event unless the licensed mobile food unit is a registered participant or vendor of such festival or event. C. Mobile food units may not be operated 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. D. A mobile food unit operator or licensee must have prior written approval from the City to operate in a City park, on City property or within City rights of way. Additional park or other permits from the City or Ramsey County, as applicable, may be required for such operations. Subd. 2 Performance standards. A mobile food unit operator or licensee is subject to the following performance standards: Page 3 of 4 A. A mobile food unit operator or licensee shall operate the mobile food unit in strict compliance with the applicable laws, rules, and regulations of the United States, State of Minnesota, Ramsey County, and the City of Arden Hills. B. A mobile food unit operator or licensee must dispose of the unit’s gray water daily. Gray water may not be drained into City storm water drains or disposed of in public trash cans. C. A mobile food unit operator or licensee shall provide and maintain at least one clearly designated waste container for customer use, and located within five feet (5’) of the unit. Operator or licensee is responsible for daily removal of trash, litter, recycling and refuse. D. Unless the vehicle is equipped with an internal power supply, a mobile food unit must operate on an independent power supply that is screened from public view, public streets, and adjacent residential districts. Any power supply must be operated in compliance with City’s noise regulations. E. Mobile food units shall not be operated before 7:00 a.m. or after 10:00 p.m. and shall not be operated in such a manner that creates any unnecessary noise disturbances or disrupts, obstructs or interferes with customer or public vehicular or pedestrian traffic or safety in any way. F. Proof of a valid license(s) from any applicable licensing authority, as required in Section 395.03 of this Code, must be posted on the mobile food unit. G. A mobile food unit must be operated in compliance with the National Fire Protection Association’s Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Subd. 3 Practices Prohibited. It is unlawful for any mobile food unit operator or licensee to do any of the following: A. Call attention to the mobile food unit 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 of hours allowed for operation or at any unauthorized location. C. Operate or travel in or on public sidewalks, trails or rights-of-way. D. Obstruct the ingress to or egress from public or private property or buildings. E. Conduct business in any manner that creates a threat to the health, safety, and welfare of a specific individual or the general public. F. Fail to obey a lawful order of a law enforcement officer, the City Building Official or City Inspector/Code Enforcement official, or agent of the applicable licensing authority. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 22nd day of April, 2024, by the City Council of the City of Arden Hills, Minnesota.