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HomeMy WebLinkAboutOrdinance 980ORDINANCE NO.980 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE XI OF THE MOUNDS VIEW CITY CODE TO ADD A NEW CHAPTER REGULATING MOBILE FOOD VEHICLES AND VENDORS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title XI of the Mounds View Municipal Code by adding a new Chapter 120 as follows: CHAPTER 120: MOBILE FOOD VEHICLES AND VENDORS Section 120.001 Definitions 120.002 License Required 120.003 License Requirements 120.004 Licensing Exceptions 120.005 Ineligibility for License 120.006 License Denial Procedure 120.007 Suspension and Revocation 120.008 Transferability 120.009 Restrictions § 120.001 DEFINITIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (A) ISSUING AUTHORITY. The City Administrator or its authorized designee. (B) LICENSING TERM. Licenses may be issued for terms of one day, thirty days or one year. (C) MOBILE FOOD VEHICLE. Any vehicle or trailer used for the purpose of selling food or beverage prepared for consumption inside the vehicle and while the vehicle is parked. (D) MOBILE FOOD VENDOR. Any vehicle or trailer used for the purpose of selling prepackaged food or beverages while parked or while going from street -to -street including, but not limited to, ice cream trucks/vendors. § 120.002 LICENSE REQUIRED It is unlawful for any person to sell food or beverages out of a Mobile Food Vehicle in the City or operate as a Mobile Food Vendor in the City without a license from the City issued under this chapter. Any person operating pursuant to a duly issued license required in this chapter does not need a separate City license under chapter 113 of the City Code. Ordinance No. 980 Page 2 § 120.003 LICENSE REQUIREMENTS (A) Application. Applications for Mobile Food Vehicle Licenses and Mobile Food Vendor Licenses will be made on forms supplied by the City. All license applications must be submitted to the Issuing Authority a minimum of fifteen (15) regular business days before the applicant desires to begin conducting business within the City. The Issuing Authority may require such information on the application, as it deems reasonable and necessary. (B) Fee. All applications for a license shall be accompanied by a fee established in the City's approved Fee Schedule (C) Licensing Procedure. Upon receipt of the application and of the license fee, the Issuing Authority will, within three (3) regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If an application is determined incomplete, the Issuing Authority must inform the applicant of what required or otherwise necessary information is missing. If the application is complete, the Issuing Authority will forward the application to any other department deemed necessary to conduct background checks and investigations, as required in part (D) of this section, and to verify eligible zoning locations. Within fifteen (15) regular business days of receiving a completed application, the Issuing Authority must issue the license unless grounds exist for denying the license application under section 120.005. (D) Background Check. The City will perform a background investigation on any and all persons that will conduct any Mobile Food Vehicle or Mobile Food Vendor operations in the City. (E) License Duration. Licenses for mobile food vehicles may be issued for periods of one day, thirty days or one year. Applicants may choose one from the following two (3) types of licenses during the initial application process: (1) A one -day license that shall be valid for one day from 12:00 a.m. to 11:59 p.m. (2) A thirty -day license that shall be valid for thirty days from the date of issuance. (3) A one-year license that shall be valid -for one year from the date of issuance. Licenses for mobile food vendors may be issued for periods of one day or one year. (1) A one -day license shall be valid for one day from 12:00 a.m. to 11:59 p.m. (2) A one-year license shall be valid for one year from the date of issuance. (F) Display of License. All licenses issued shall be visibly displayed or accessible on the inside of the vehicle or trailer at all times during business conduction. Ordinance No. 980 Page 3 (G) ID Badges. Any individual preparing or selling products from a Mobile Food Vehicle or otherwise operating as a Mobile Food Vendor must pass a background check as part of the licensing process. The City will issue ID badges to each approved individual and said badges shall be worn at all times while operating within the City pursuant to this chapter. (H) Site Plan. Applicants shall provide a site plan showing the location of the parked truck or trailer on the property and its distance from all permanent structures and property lines. (Moving mobile food vendors are exempt from this requirement). (I) Location Duration. Applicants shall operate no more than 21 days annually at any one place without the approval of the regulatory authority as defined in Minnesota Statutes. (J) Insurance. Applicants shall provide, along with their application, a certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance: a. Commercial general liability insurance with a limit of not less than $1,000,000 per each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $1,500,000; b. Automobile liability insurance with a limit of not less than $1,000,000 combined single limit. The insurance shall cover liability arising out of any automobile, including owned, hired, and non -owned vehicles; c. Food products liability insurance, with a limit of not less than $1,000,000 per each occurrence; and d. Workers compensation insurance (statutory limits) or evidence of exemption from state law. § 120.004 LICENSING EXCEPTIONS (A) City Events. Mobile Food Vehicles and Mobile Food Vendors participating in organized events approved by the City, including, but not necessary limited to, City - sanctioned festivals, shall be exempt from the licensing requirements of this chapter; provided, however, that said Mobile Food Vehicles and Mobile Food Vendors otherwise adhere to any County or State licensing requirements or any_other City requirements related to such organized events. (B) Private Events. Mobile Food Vehicles and Mobile Food Vendors participating in events that are entirely private and not open to the public are not exempt from the licensing requirements of this chapter; however, no background investigations shall be required. Written authorization from the property owner is required. Mobile Food Vehicles and Vendors may be allowed on City -owned property, including parks, with prior authorization in writing from the City Administrator or its designee. § 120.005 INELIGIBILITY FOR LICENSE OR REGISTRATION The following shall be grounds for denying a license or registration required under this chapter: Ordinance No. 980 Page 4 (A) The failure of an applicant to obtain and demonstrate proof of all necessary licenses or permits required by state, county, or local health and transportation authorities. (B) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (C) The failure of an applicant to sign the application. (D) The failure of an applicant to pay the required fee, if any, at the time of application. (E) A conviction within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license or registration is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person or property. (F) The revocation within the past five (5) years of any similar licenses issued to an applicant in any jurisdiction. (G) Evidence of any unresolved or ongoing government or legal action against the business filed by any state or government entity. (H) The existence of three (3) or more substantiated complaints about the business conduct within the preceding three (3) years from city residents or other jurisdictions where licenses have been issued to the applicant. (I) When the Issuing Authority has learned the applicant has changed any name or names relating to the applicant or business in an attempt to hide or escape any legal obligation(s). (J) If after investigation, the Issuing Authority finds the character and business responsibility of the applicant to be unsatisfactory or a potential harm to the public. (K) The failure to meet or comply with fire codes or safety standards upon inspection completed by any local, county, or state authorities. § 120.006 LICENSE DENIAL PROCEDURE If the city denies the license or registration application, the applicant must be notified in writing of the decision and the reason for denial. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant's right to appeal the denial by requesting in writing, within ten (10) calendar days of receiving notice of denial, a hearing before the City Council. The City Council shall then hear the appeal within twenty (20) calendar days of the date of the request for a hearing and, during or before its next regular meeting, shall either affirm or reverse the denial and make written findings supporting its decision. Ordinance No. 980 Page 5 § 120.007 SUSPENSION AND REVOCATION (A) Generally. Any license issued under this chapter may be suspended or revoked at the discretion of the Issuing Authority for violation of any of the following: (1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. (2) Fraud, misrepresentation or false statements made during the course of the licensed activity. (3) Subsequent event to which the granting of the license could have been denied under section 120.005. (4) Engaging in any prohibited activity as provided under section 120.009. (B) Notice and Right to Hearing. Prior to revoking or suspending any license, the Issuing Authority shall provide a license holder with written notice of the alleged violations and inform the licensee or registrant of his or her right to a hearing on the alleged violations. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant's right to a hearing. If no request for a hearing is received within ten (10) calendar days following the service of the notice, the Issuing Authority may proceed with the suspension or revocation. For the purpose of a mailed notice service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled before the City Council within twenty (20) calendar days from the date of the request. During or before its next regular meeting following said hearing, the City Council shall make a decision regarding suspension or revocation and make written findings supporting said decision. (C) Emergency. If, in the discretion of the Issuing Authority, imminent harm to the health or safety of the public may occur if any operations licensed under this chapter are allowed to continue, the Issuing Authority may immediately suspend a license and provide notice of the right to hold a subsequent hearing as prescribed in part (B) of this section. Immediate suspension shall result unless and until the City Council holds a hearing and makes a subsequent determination pursuant to the process outlined in said part (B). § 120.008 TRANSFERABILITY No license or registration issued under this chapter -is transferable. § 120.009 RESTRICTIONS No person licensed hereunder to operate as a Mobile Food Vehicle or Mobile Food Vendor shall conduct business in any of the following manners and in the following areas: Ordinance No. 980 Page 6 (A) Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible. (B) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (C) Conducting business in a way as to create a threat to the health, safety and welfare of any specific individual or the general public. (D) Conducting business before 7 a.m. or after 10 p.m., unless expressly authorized in the license issued hereunder. (E) Failing to provide proof of license and identification when requested. (F) Using the license of another person. (G) Alleging false or misleading statements about the products being sold, including untrue statements of endorsement. No Mobile Food Vehicle or Mobile Food Vendor shall claim to have the endorsement of the City solely based on the City having issued a license to that person. (H) Remaining on the property of another when requested to leave or returning to that property after leaving, without written permission of the property owner. (I) Otherwise operating their business in any manner that a reasonable person may find obscene, threatening, intimidating or abusive. (J) Conducting business in a City park or parking lot unless expressly authorized in the license issued hereunder. (K) Operate business less than two thousand (2,000) feet away when there is a permit issued for another food or similar permitted event, festival, celebration, or tournament at the same location unless expressly authorized in the license issued hereunder. (L) Failing to maintain their vehicle or trailer in good repair, order, and neat appearance. (M) Failing to clean up around their vehicle or trailer at the end of each business day. (N) Dispensing liquid and or other waste products from their vehicle or trailer on to City, public, and private property. () Conducting business less than two thousand (2,000) feet away from any food service business unless expressly authorized by the City. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: Ordinance No. 980 Page 7 On September 13, 2021, the City Council adopted Ordinance 980, entitled "AN ORDINANCE AMENDING TITLE XI OF THE MOUNDS VIEW CITY CODE TO ADD A NEW CHAPTER REGULATING MOBILE FOOD VEHICLES AND VENDORS." The ordinance establishes a new chapter in the City Code, which regulates mobile food vehicles and mobile food vendors, and requires that such business activities obtain a license from the city prior to operating. The ordinance also establishes procedural requirements for issuing, denying, suspending, and revoking such licenses, and it further implements certain regulations relating to said business activities to further public health, safety, and welfare. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City's website located at www.moundsviewmn.org. SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 23, 2021. Second Reading and Adoption by the Mounds View City Council on September 13, 2021. Publication Date: September 28, 2021. Carol A. Mueller Mayor Attest: Nyle 4kmunr City Administrator (SEAL)