HomeMy WebLinkAbout10.B.1. Moble Food Unit Ordinance No. 905 Consent Business 10. B. 1.
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SHAKOPEE
TO: Mayor and City Council
FROM: Jason Arras, Police Sergeant
DATE: 06/02/2015
SUBJECT: Mobile Food Unit Ordinance No. 905 (B)
Action Sought
The Council is asked to consider Ordinance No. 905, An Ordinance of the City of
Shakopee Adding Section 6.29 of the Shakopee City Code Regarding Mobile Food
Units
Background
On July 17, 2014, the City of Shakopee updated City Code Section 6.21 regarding
Peddlers, Solicitors and Transient Merchants. In implementing this updated code,
staff found that it didn't adequately meet the needs of the growing interest in mobile
food units.
After having a mobile food unit in business in our community this past year, and the
growing requests for licensing from other mobile food units, staff felt the need to
have a clear set of policies to address this growing business. Some of our concerns
were with food preparation and the safety of our citizens when it came to where
mobile food units are stored or parked in our community.
Currently the Minnesota Department of Health licenses mobile food units operating
in Minnesota. The proposed City licensing process is intended to compliment this
by addressing where, when and for how long a mobile food unit can operate in the
City.
The proposed ordinance was prepared by Kennedy & Graven and has been
developed with input from the Police, Fire, Parks & Recreation, Planning and City
Clerk departments. Key features include:
1. A no-cost, temporary license for those food trucks in town for a short-term
special event;
2. Provision to ensure that the units are truely mobile and do not take up
residence in a single location;
3. Insurance and fire safety requirements;
4. Official record of the owner of each mobile food unit operating in town and
contact information for that person.
The complete ordinance is attached for review.
Recommendation
Staff recommends adoption of the draft ordinance.
Budget Impact
None
Relationship to Vision
This item relates to Goal B: Positively manage the challenges and opportunities
presented by growth development and change.
Requested Action
The Council is asked to adopt Ordinance No. 905, An Ordinance of the City of
Shakopee Adding Section 6.29 of the Shakopee City Code Regarding Mobile Food
Units, and direct that it be published in the City's official paper of record.
Attachments: Ordinance No. 905
Ordinance No. 905
AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING
SECTION 6.29 OF THE SHAKOPEE CITY CODE REGARDING
MOBILE FOOD UNITS
Section 1. The Shakopee City Code is amended to add the following section:
SEC.6.29 Mobile Food Units.
Subd. 1. Purpose. This section is intended to require an establishment preparing and serving food from
a self-contained readily moveable vehicle to obtain a license from the City and to regulate the conditions
from which the licensed establishment operates within the City for the promotion of business within the
City and for the protection of customers and the general public.
Subd. 2. Definitions.The following terms, as used in this section, shall have the meanings stated:
The term "mobile food unit"as used in this section, means:
(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.
Subd.3. License Applications.
A. License Types. Each applicant must indicate whether it is applying for a temporary license or
annual license. A temporary license allows mobile food unit operations in the City for up to
seven (7) days total from April 1 — October 31 of each calendar year. An annual license allows
mobile food unit operations in the City for eight(8) days more than from April 1—October 31 of
each calendar year. A licensee will only be issued one (1) temporary license per calendar year,
however nothing shall prohibit a temporary licensee from applying for an annual license within
the same calendar year.
B. License Fees. There is no fee for a temporary license. There is a fee for an annual license. The
fee shall be established periodically by resolution of the City Council.
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 all
required fees,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 the following
information: 1
1. 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;
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2. The name of the owner and operator, if different than the owner, of the mobile food
unit and the name of all persons working for the owner and operator of the mobile food
unit;
3. The applicant's full legal name, other names the applicant uses or is known by, date of
birth and driver's license number or other legal identification with a photograph of the
applicant;
4. The permanent and any temporary home and business address, phone numbers, and
email address of the applicant;
5. The name, address, and contact information for the commissary with which the mobile
food unit is affiliated, if applicable;
6. Names and contact information of at least two (2) references who will substantiate the
applicant's good character and business responsibility or other evidence of the good
character and business responsibility of the applicant;
7. A statement regarding whether the applicant has ever been convicted of a felony,gross
misdemeanor, or misdemeanor, including violation of a municipal ordinance but
excluding traffic violations, and if so, the date and place of conviction and the nature of
the offense.
8. 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 ($1,000,000.00) each occurrence. If such insurance contains an annual
aggregate limit, the annual aggregate limit shall be not less than two million
dollars ($2,000,000.00);
b. automobile liability insurance with a limit of not less than $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
($1,000,000.00)each occurrence;
d. public liability insurance, with a limit of not less than one million dollars
($1,000,000.00)each occurrence;
e. property damage insurance, with a limit of not less than one million dollars
($1,000,000.00)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 if the applicant intends to operate
its mobile food unit on public property.
9. The Certificate of Insurance shall state that the insurance has been endorsed to require
that the City be notified thirty (30) days in advance of cancellation of the policy or a
material modification of a coverage term;
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10. Written consent of each private property owner from which mobile food unit sales will
be conducted;
11. If applying only for a temporary license, the applicant must provide the exact dates and
locations for its up to seven (7) days of mobile food unit operations;
12. A copy of each related license or permit issued by Scott County and the State of
Minnesota required to operate a mobile food unit; and
13. A copy of the applicant's Minnesota Sales Tax ID number.
Subd.4.Conditions of Licensing.
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 (21) days from April 1—October 31 (Minn. Stat. § 157.15,subd. 9).
2. No mobile food unit sales between 11:00 pm and 7:00 am.
3. A mobile food unit must dispose of its gray water daily. Gray water may not be drained
into City storm water drains.
4. An out of service mobile food unit may be stored only in an area zoned B1, I1, or 12, and
where outside storage is allowed by conditional use permit.
5. The mobile food unit may have a maximum bumper to bumper length of no more than
30 feet.
6. A mobile food unit is not required to obtain a sign permit from the City. However, no
additional signage is permitted beyond that which is on the mobile food unit unless it
meets the following requirements:
a. one (1)single sandwich board style sign is permitted per mobile food unit;
b. the maximum sign size is eight (8) square feet;
c. the sign must be placed on the ground and within ten (10) feet of the mobile
food unit;
d. the sign must not be placed within the public right of way except with the
express written permission of the City; and
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e. the sign cannot project from the mobile food unit or be mounted to the roof of
the mobile food unit.
7. A mobile food unit with a Type I cooking hood shall have said hood cleaned at least
annually as required by the applicable regulations.
8. A mobile food unit with a fire suppression system under the cooking hood shall have the
system tested and tagged in accordance with applicable codes.
9. A mobile food unit must have at least one (1) 2A:20BC fire extinguisher in the mobile
food unit. If deep frying occurs in the mobile food unit, then the mobile food unit must
have at least one (1) Class K fire extinguisher in the mobile food unit. Each fire
extinguisher must display an inspection tag dated within the past 12 months.
10. A Licensee must comply with all laws, ordinances, regulations, parking zones, and
posted signs.
11. A mobile food unit must provide an independent power supply that is screened from
public view.
12. Propane tanks must be attached or secured to the mobile food unit and must be
adequately ventilated.
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 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. Remain on the property of another when asked to leave;
4. Claim endorsements by the City based on license;or
5. Conduct business in any manner as to create a threat to the health, safety, and welfare
a specific individual or the general public.
Subd. 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 subdivision 4 of this section, 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 license shall be automatically
revoked if no appeal is filed within twenty-one (21) 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
licensee in writing. If a request for a hearing is made, the City Council shall conduct the hearing at the
next available City Council meeting. No City Council resolution or other notice calling for a hearing shall
be required.
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Subd. 6. Criminal Penalty. In addition to or in lieu of any administrative or civil penalty, a licensee may
be criminally charged for a violation of section 10.26 of the City Code or any violation of local, state or
federal laws or regulations.
Section 2—Effective Date.This ordinance becomes effective from and after its passage and publication.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 2nd
day of June, 2015.
Mayor of the City of Shakopee
ATTEST:
Acting City Clerk
Published in the Shakopee Valley News on
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