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HomeMy WebLinkAboutCC WS PACKET 07252023CITY OF SAINT ANTHONY VILLAGE WORKSESSION AGENDA Tuesday, July 25, 2023 at 5:45PM Join Meeting via Zoom There is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Minutes Approval Of CC WS Meeting Minutes WS 7 -11 -23.PDF Worksession Topics Brew Pub Licensing & Food Trucks Steve Grittman, City Planner, presenting. COVER MEMO.PDF BREWER -TAPROOM SECTION 112 CODE BASE.PDF CHAPTER 114 FOOD TRUCKS CODE (BASE).PDF Future Worksession Dates, Times And Agenda Items Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. 1. A. Documents: 2. A. Documents: 3. A. Documents: 4. CITY OF SAINT ANTHONY VILLAGEWORKSESSION AGENDATuesday, July 25, 2023 at 5:45PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. MinutesApproval Of CC WS Meeting MinutesWS 7 -11 -23.PDFWorksession TopicsBrew Pub Licensing & Food TrucksSteve Grittman, City Planner, presenting.COVER MEMO.PDFBREWER-TAPROOM SECTION 112 CODE BASE.PDFCHAPTER 114 FOOD TRUCKS CODE (BASE).PDFFuture Worksession Dates, Times And Agenda ItemsFuture Agenda ItemsFUTURE AGENDA ITEMS.PDFAdjournmentIf you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. 1.A.Documents:2.A.Documents:3.A.Documents:4. City of St. Anthony CITY COUNCIL WORK SESSION Minutes July 11, 2023 Present: Mayor & Council: Randy Stille, Mayor, Bernard Walker, Jan Jenson, Thomas Randle, Wendy Webster, Councilmembers Staff: Charlie Yunker, City Manager, Shelly Rueckert, Finance Director, Jeff Spiess, Police Captain Call to Order: Mayor Stille called the Work Session to order at 6:00 p.m. 2024 Initial Property Tax Levy Scenarios: Finance Director Rueckert reviewed the initial preliminary levy increase as prepared by staff using the best information available on 2024 costs. The scenario includes expected Cost of Living (COLA) increases for staff, and inflationary increases for non-personnel costs. The Police Department has requested consideration of other items including and allowance for market wage adjustments, establishment of a cadet program for recruitment, and adding additional staff for an investigator (to participate on a Ramsey County team) and an administrative Lieutenant position. Some of the costs for the new positions can be shared with Lauderdale through the police contract, and public safety assistance funds are available to help offset costs as well. Council asked Captain Spiess questions on the rationalizations for the requests and how they meet the needs identified by the department, and how the requests serve the Police Department’s Strategic Plan. City Manager Yunker added that additional details will be included at the next work session the preliminary levy is discussed, as per the usual process. Staff sought feedback on the overall concepts to determine if some or all are financially doable in the Council’s view. Council discussed and expressed support to proceed with the proposed recommendations and will review again when staff is ready to present an updated version of the preliminary levy, which is scheduled to be on August 8th. Future Work Sessions: Next Work Session will be held on July 25th, 2023, at 5:45pm in the Council Chambers. Adjournment: The meeting adjourned at 6:37 p.m. Respectfully submitted by Charlie Yunker, City Manager. THIS PAGE LEFT INTENTIONALLY BLANK MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:June 21, 2023 Meeting Date:Work Session July 25, 2023 RE:St. Anthony – Brewer Taprooms; Food Trucks GC Project No.140.00 Background Two items are before the City Council for this Work Session relating to items that had been included and discussed as a part of prior updates to the City’s Commercial and Light Industrial District amendments. The first is Brewer Taprooms and related facilities. This use was included in the City’s eligible zoning updates in both the C, Commercial and LI, Light Industrial zoning districts – in both districts by Conditional Use Permit. The allowance as a use awaits general City Code provisions for licensing and other regulatory process – this Work Session discussion includes a baseline ordinance as a framework, and various points for discussion. The second item is a specific allowance and regulation of Food Trucks (listed as “Mobile Food Units”). As the name implies, Mobile Food Units are not specific to a zoning district per se, but can have varying impacts depending on their temporary location. While these units operate in the community at the current time, a more extensive set of regulations is proposed here for discussion, with the objective being to manage their potential impacts on both public roadways and on the neighborhoods in which they operate. Brewer Taprooms This use category includes a variety of potential forms, both relating to beer (or malt liquor in the language of the alcohol licensing regulations), and distilled spirits. Particularly for beer, the models usually take the following forms: Brewery – a place that brews malt liquor; in its basic form, a brewer manufactures its product, packages it in cans, bottles, or kegs, and provides it to a distributor for eventual retail sale or June 27, 2023 Page 2 consumption at a separately licensed off-site location. This by itself would be a typical industrial land use. Brewer-Taproom – a place that brews malt liquor and is additionally licensed to sell its product for on-site consumption in the “taproom”. There are a number of other activities that may be allowed relating to the sale of product for off-site consumption. Growlers (typically 64 oz. bottles) or Crowlers (typically 750 ml cans) are often sold as a take-home product. These products are dispensed from the taproom’s facility and packaged on demand, since their “shelf- life” is limited to between a few days and a few weeks. Brewer Taprooms typically provide no made-to-order food, but will often sell pre-packaged snack foods, or combine with a Mobile Food Unit to provide food service to the taproom customers. Brew-Pub – a place that brews malt liquor, and serves made-to-order food in addition to its brewery products. Many Brew-Pubs will also seek licensing to sell other alcoholic beverages, including other on-tap beers or spirits. Brew-on-Site – a place that provides equipment and materials for individuals to brew their own malt liquor, for consumption by the individual on-site only (not for sale or off-site consumption). The primary discussion topics in this area relate to the types and variations of licenses that the City may provide, and then the various aspects of “off-sale” products that may be permitted under those licenses. The categories of licenses listed above represent the range of options – the City has the authority to provide all or any of them. With regard to “off-sale” licensing, three primary issues relate to the allowance for (1) “growlers” (including “crowlers”); (2) packaged products (cans/bottles/kegs) for distribution as a production brewery in addition to the bar/restaurant model; and (3) if packaged productions for distribution is allowed, may the brewer sell their own packaged products for off-sale, in addition to their on-sale service. Again, the City may allow any of these options, but is not required to do so. Particularly with municipal liquor operations in St. Anthony, the 3rd category is perhaps the primary departure from the current norm. The City’s Liquor Operations Manager notes that if a taproom is allowed to sell their packaged products, they must also make their products available for sale through the City’s liquor store. June 27, 2023 Page 3 Mobile Food Units For this use, a draft ordinance is provided as a starting point for discussion. The draft provides a licensing structure, and references the requirements of the requirements for such units to be licensed and regulated by the Minnesota Department of Health. The regulations lay out a series of requirements for their operations, which include the following: Extensive licensing process and background data. Prohibition from operating on City streets. Requirements that such units maintain a separation distance from: o Special Events (such as events that have engaged their own food/catering services, etc.) – a distance of 300 feet. o “Brick-and-Mortar” Restaurants – a distance of 100 feet from the public entrance, with an exemption from this separation if the Restaurant Owner provides a written accommodation. An allowance for one-time private residential events (such as graduation parties or weddings, etc.) provided the unit operates in a catering capacity and is not selling its products to the public. In these cases, the licensee may locate on the public street with permission of the City. Limitations on the operations of such units in the City to 4 21-day stays Each of these aspects are for discussion purposes only – the Council may direct other options, or further research as appropriate. Summary The information provided for these items is for discussion and direction to staff for follow-up. No specific action is requested at this time. LICENSES RELATED TO BREWERS AND DISTILLERS § 112.40 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BREW ON-PREMISE STORE. Facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. BREW PUBS. Brewer that is a restaurant with a full on-sale intoxicating liquor license that brews their own beer for consumption on their licensed premise only. BREW PUBS OFF-SALE. Brew pubs (as defined in this section) may sell product (growlers) brewed on-premise to be consumed off-premise in 64 oz. bottles or 750 ml. bottles. BREWER OFF-SALE. A brewer who brews less than the amount of barrels indicated in M.S. § 340A.301, Subd. 6(d) and (c), as it may be amended from time to time, of malt liquor in a year may sell malt liquor brewed by the brewer for consumption off-premise. BREWERS. Persons who manufacture malt liquor for sale. CROWLER: A 750 ml. container to be filled with malt liquor from a licensed brewery tap for off-site consumption. GROWLER: A 64 oz. bottle to be filled with malt liquor from a licensed brewery tap for off-site consumption. TAPROOMS. Allows for sale of the brewer's own beer for consumption at the brewery location. MICRODISTILLERIES. A distiller of spirits subject to the definition and requirements of M.S. § 340A.22. § 112.41 TAPROOM LICENSE. A brewer licensed under M.S. § 340A.301, Subd. 6(c), (i), or (j), as it may be amended from time to time, may be issued an on-sale liquor license for the “on-sale” of malt liquor produced on the licensed premises, subject to the following conditions: (A) The on-sale of malt liquor may only be made during the days and hours that “on- sale” of liquor may be made. (B) A brewer may only hold one brewer taproom license under this chapter. (C) The only beverage alcohol that may be sold or consumed on the premises of a brewery taproom will be the malt liquor produced by the brewer upon the brewery premises. (D) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (E) Liquor liability insurance is in effect in the coverage amounts indicated in § 112.026 of this chapter. (F) Licensed brewer taprooms may operate a restaurant on the premises without additional licensure. (G) License holders under this section are exempt from the restaurant requirements as defined in § 112.40 of this chapter. § 112.42 SMALL BREWER OFF-SALE LICENSE. A brewer licensed under M.S. § 340A.301, Subdivision 6(d), (i), or (j), as it may be amended from time to time, may be licensed for the “off-sale” of malt liquor produced and packaged on the licensed premises, subject to the following conditions: (A) Off-sale sales of malt liquor may only be made during the hours that “on-sale” of liquor may be made; (B) The malt liquor shall be packaged in sixty-four-ounce containers commonly known as “growlers” or in 750 milliliter bottles, commonly known as “crowlers”; (C) The malt liquor sold at “off-sale” must be removed from the licensed premise before the applicable closing time at exclusive liquor stores; (D) The “growler” or “crowler” must be sealed in such a manner that the seal must be broken in order to open the container and the seal must bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor and bear the name and address of the brewer selling the malt liquor. (E) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (F) Liquor liability insurance is in effect in the coverage amounts indicated in § 112.026 of this chapter. (G) The establishment must pass inspection by the Minnesota Alcohol and Gambling Division. § 112.43 BREW PUB ON-SALE LICENSE. (A) A brew pub license holder must be a restaurant as defined in § 112.135 of this chapter with a full on-sale intoxicating liquor license. (B) An applicant for the brew pub on sale license must meet all of the requirements imposed by the city for the issuance of an on-sale intoxicating liquor license. (C) A brew pub on-sale license holder may brew their own malt liquor for consumption on their licensed premise only. (D) A brew pub on-sale license holder must be in conformity with M.S. § 340A.301, Subd. 7(b), as it may be amended from time to time. (E) The license holder must pass inspection by the Minnesota Alcohol and Gambling Division. § 112.44 BREW PUB OFF-SALE LICENSE. (A) An applicant for the brew pub off sale license must meet all of the requirements imposed by the city for the issuance of an on-sale intoxicating liquor license. (B) The malt liquor to be sold for off-premise consumption shall be packed in 64 oz. bottles commonly known as “growlers” or in 750 ml. bottles in conformity with M.S. § 340A.301, Subd. 7(b), as it may be amended from time to time. (C) The annual license fee shall be set in accordance with M.S. § 340A.408, as it may be amended from time to time. (D) Hours and days of malt liquor sales under this license by the brewer cannot exceed those days and hours of sale of the exclusive municipal liquor store. (E) The establishment must pass inspection by the Minnesota Alcohol and Gambling Division. § 112.45 BREW ON-PREMISE STORE. (A) Alcoholic beverages may not be sold or otherwise provided to customers of a brew on- premises store, unless the owner of the brew on-premises store holds the appropriate liquor license. (B) Customers using the brew on-premises store must be of the minimum age required to purchase intoxicating liquor. (C) Malt liquor brewed by a customer in the store must not be sold and must be used by the customer solely for personal or family use. § 112.46 MICRODISTILLERY COCKTAIL ROOM LICENSE. The City Council may issue a license for the sale of distilled liquor produced by a microdistiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. Provided that: (A) The applicant is licensed as a micro-distiller in the State of Minnesota pursuant to M.S. 340A.22; (B) The applicant holds no other micro-distillery cocktail room licenses in the State of Minnesota; (C) The applicant does not also hold a taproom license; and (D) A taproom is not located on the same premises as the proposed micro-distillery cocktail room license Chapter 114. Mobile Food Units (Food Trucks) § 114.01 PURPOSE. This chapter is enacted to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses, and public property. § 114.02 DEFINITIONS. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. MOBILE FOOD UNIT. Mobile food unit means a food and beverage service establishment that is a vehicle mounted unit, either: (1) Motorized or trailered, operating no more than 21 days annually at any one place, or operating more than 21 days annually at any one place with the approval of the regulatory authority as defined in Minn. Rules, Part 4626.0020, Subpart 70; or (2) Operated in conjunction with a permanent business licensed under M.S. Chapters 28A or 157 at the site of the permanent business by the same individual or company, and readily movable, without disassembling, for transport to another location. § 114.03 LICENSING. (A) State and county license required. No person shall operate a mobile food unit within the city limits without first having obtained the appropriate license from the state or county as may be required by M.S. Chapter 329, as it may be amended from time to time, or as may be required under any other applicable state statute, rule, or regulation. (B) City license required. Except as otherwise provided by this chapter, no person shall operate a mobile food unit without first obtaining a city license. A license to operate a mobile food unit shall be issued pursuant to, and the operation of a mobile food unit shall be regulated by this chapter and not by Chapter __(Transient Merchant)__ of this code. (C) Application. An application for a city license to operate a mobile food unit shall be made at least 14 regular business days before the applicant desires to begin operating a mobile food unit within the city. Application for a license shall be made on a form approved by the City Council and available from the office of the City Clerk. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this chapter and shall be grounds for denial of the license application. All applications shall be signed by the applicant. (D) All applications shall include the following information: (1) The applicant's full legal name; (2) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer; (3) A physical description of the applicant (hair color, eye color, height, weight, and distinguishing marks or features, and the like); (4) Full address of applicant's permanent residence; (5) Telephone number of applicant's permanent residence; (6) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent; (7) Full address of applicant's regular place of business, if any exists; (8) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines; (9) The dates on which the applicant intends to operate the mobile food unit; (10) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the address of the location where the mobile food unit will be operated; (11) A statement as to whether or not the applicant has been convicted within the previous five years of any felony, gross misdemeanor, or misdemeanor for violating any state or federal statute or any local ordinance, other than for minor traffic offenses; (12) A list of the three most recent locations where the applicant has operated a mobile food unit; (13) Proof of receipt of all required state and/or county licenses to operate a mobile food unit; (14) Written permission of the property owner or the property owner's agent for any location to be used by the mobile food unit; (15) Any and all additional information as may be deemed necessary by the City Council; (16) The applicant's driver's license number or other form of identification acceptable to the city; (17) The license plate number, registration information, vehicle identification number (VIN), and physical description for any vehicle to be used in conjunction with the licensed business operation, including proof of receipt of a MNDOT number for the mobile food unit; and (18) Insurance. Applicants shall furnish the city with 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 each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000; (b) Commercial automobile liability insurance with a limit of not less than $1,000,000 each occurrence. 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 $1,000,000 each occurrence; (d) Umbrella/excess liability insurance, with a limit of not less than $1,000,000 each occurrence; (e) Workers compensation insurance (statutory limits) or evidence of exemption from state law; (f) The city shall be endorsed as an additional insured on the general liability, auto liability, and umbrella/excess liability policies. The insurance coverage must be primary and non-contributory. This certificate must be on file with the city if the applicant intends to operate its vehicle on public property including public right-of-way; (g) The general liability, business auto, and worker's compensation policies should all contain waivers of subrogation with reference to the City of St. Anthony; and (h) The certificate of insurance must contain a provision requiring a ten day notification be sent to the city should the policy be cancelled before its expiration. (E) Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city licensing fee schedule ordinance as it may be amended from time to time by the City Council. (F) Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk, or its designee, shall within ten business days determine if the application is complete. An application will be considered complete if all required information is provided. If the City Clerk, or its designee, determines that the application is incomplete, the City Clerk, or its designee, shall inform the applicant of the required, necessary information that is missing. The City Clerk, or its designee, shall review a complete application and order any investigation, including background checks, necessary to verify the information provided with the application. Within ten regular business days of receiving a complete application, the City Clerk, or its designee, shall issue the license unless grounds exist for denying the license application under § 114.05 of this chapter, in which case the Clerk, or its designee, shall deny the request for a city mobile food unit license. If the City Clerk, or its designee, denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request for a hearing. (G) Duration. A license is valid for each calendar year, beginning January 1 and ending December 31. § 114.04 LICENSING EXEMPTIONS. (A) Holders of conditional use or special event permits. Where outdoor sales are permitted under a conditional use or special event permit approved by the City Council, this chapter shall apply only to the extent that such provisions have been included, reviewed, and approved as a part of the conditional use or special event permit. Nothing herein shall limit the authority of the City Council to impose other reasonable conditions where they are deemed by the city to be appropriate to promote the public health, safety, and welfare of the community. (B) Private events. No license shall be required for any mobile food unit contracted by a property owner for a private event where food is not sold to guests or any other member of the public. § 114.05 INELIGIBILITY FOR LICENSE. The following shall be grounds for denying a mobile food unit license: (A) The failure of an applicant to obtain, or failure to demonstrate proof of having obtained, any required state and/or county license; (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 license application; (D) The failure of an applicant to pay the required fee at the time of application; (E) A conviction within the previous five years of the date of the application for any violation of any federal or state statute or regulation, or of any city ordinance or code requirement, which adversely reflects upon the applicant's ability to operate a business for which the license is being sought in a professional, honest, and legal manner. Such violation shall include, but is not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person; (F) The revocation within the previous five years of any license issued to an applicant for the purpose of operating as a mobile food unit; and/or (G) When an applicant has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general's office, or other similar business or consumer rights office or agency, within the preceding 12 months, or three complaints filed with the city against an applicant within the preceding five years. § 114.06 LICENSE SUSPENSION AND REVOCATION. (A) Generally. Any license issued under this chapter may be suspended or revoked at the discretion of the City Council for violation of any of the following: (1) Subsequent knowledge obtained 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 conviction of any offense to which the granting of the license could have been denied under § 114.05 of this chapter; (4) Engaging in any prohibited activity as provided under § 114.09 of this chapter; or (5) Violation of any other provision of this chapter. (B) Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with verbal and written notice of alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application; if no residential address is listed, then to the business address provided on the license application. (C) Hearing. Upon receiving the notice provided in division (B) of this section, the licensee shall have the right to request a hearing. If no request for a hearing is received by the City Clerk or its designee within seven days following the service of the notice, the city 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 it shall be scheduled within 20 days from the date of the request for the hearing. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision. (D) Emergency. If, in the discretion of the City Clerk or City Manager, imminent harm to the health or safety of the public may occur because of the actions of a licensee operating a mobile food unit licensed under this chapter, the City Clerk, or its designee, may immediately suspend the mobile food unit license and provide notice of the right to hold a subsequent hearing as prescribed in division (C) of this section. (E) Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. § 114.07 LICENSE TRANSFERABILITY. A license issued under this chapter shall be valid only for the licensee to whom the license was issued. A license shall not be transferred to any other person. § 114.08 ADDITIONAL LICENSING CONDITIONS. All licensees operating mobile food units, with the exception of exempt groups or vendors as provided in § 114.04, are required to comply with the additional following standards and conditions. (A) License. Mobile food units must be licensed by the Minnesota Department of Health and must adhere to state regulations for food trucks as provided in Food Code Chapter 4626.1860, Mobile Food Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food Stands. Evidence of the state license must be provided to the city as part of the local license application. Licenses are issued on an annual basis and permit mobile food units to operate at up to four locations in the community during the course of the year, not to exceed 21 days per location. (B) Location. A mobile food unit may only operate in accordance with the following. (1) Mobile food units are permitted in private commercial, industrial, public/institutional parking lots and on private residential property, with the written consent of the private property owner, for a "one-time" event. 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. (2) Mobile food units must be a minimum of five feet from driveways and side and rear property lines. (3) Mobile food units cannot be located within 300 feet from the perimeter of any pre-approved festival, sporting event, or civic event unless the licensee operating the mobile food unit submits written verification to the City Clerk that the licensee is authorized to operate the mobile food unit as part of the festival, sporting event, or civic event. (4) Mobile food units may not operate within 100 feet from a public entrance to any restaurant and/or within 100 feet from any portion of a restaurant's outdoor dining area during that restaurant's hours of operation unless the licensee obtains written permission from restaurant owner or authorized representative. (5) Mobile food units may not be operated in city-owned parking lots, except those parking lots adjacent to or inside a city park in conjunction with a special event approved by the city as allowed under Subp. (B)(3) of this Section. (C) Standards. A mobile food unit licensee is subject to the following performance standards. (1) Trash, recycling containers, and cleanup must be provided. The mobile food unit licensee is responsible for regular removal of trash, litter, recycling, and refuse from the area surrounding the operation of the mobile food unit whenever needed, and shall provide such removal at the end of every day. Trash and recycling containers must be equipped with a tight-fitting lid and located within five feet of the mobile food unit, and shall not be stored outdoors overnight. (2) A mobile food unit must have its own independent power supply, which is screened from view and complies with city's noise regulations. Generators are permitted. (3) A licensed operator of a mobile food unit must lawfully dispose of gray water daily. Gray water may not be drained into city storm water drains. (4) Mobile food units may not be operated between 10:00 p.m. and 8:00 a.m. An exception to these hour restrictions may be authorized by City Council on a per event basis. (5) Mobile food units must be located on a paved surface and may not be operated in a traffic lane, on a sidewalk or trail, or in any location which causes an obstruction of traffic. A mobile food unit may be operated on a public street for a private event in a residential zoning district, with location approval from the city and receipt by the city of the licensee's signed indemnification and hold harmless agreement in a form prepared by the city. (6) A mobile food unit may not occupy more than two off-street parking spaces. The city shall determine if there is adequate off-street parking to serve both the principal use and the mobile food unit use of the property. (7) A mobile food unit may have a maximum bumper to bumper length of no more than 30 feet. (8) Mobile food units shall not be left unattended nor remain on any public right or way outside its allowed hours of operation. Mobile food units serving multiple-day events shall park the unit on private property overnight with the consent of the owner of said property. (9) Mobile food units must close during adverse weather conditions when shelter is not provided. (10) Mobile food units may not be located upon, nor travel in or on public sidewalks or trails. (11) Mobile food units shall comply with all applicable Fire Codes. A licensee shall allow a mobile food unit to be inspected by a City Fire Official prior to and at any time during operation. § 114.09 PROHIBITED ACTIVITIES. No person engaged in the business of a mobile food unit operation shall conduct such activity in any of the following manners. (A) Refusing to leave. It shall be unlawful to refuse to leave premises owned or leased by another after having been notified by the owner or occupant to leave the premises. (B) Misrepresentation. It shall be unlawful to make false, misleading, or fraudulent statements concerning the quality of the food which is being offered for sale. (C) Use of audio devices or unreasonable noise. It shall be unlawful to call attention to activities regulated by this chapter by means of blowing a horn or whistle, by ringing any bell, by crying out, or by making any other noise in an unreasonable manner. (D) Obstructing traffic. It shall be unlawful to obstruct the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right-of-way. (E) Safety hazard. It shall be unlawful to conduct activities regulated by this chapter in such a way as to create a threat to the health, safety, and welfare of any individual or the general public. (F) Proof of license. It shall be unlawful to fail to provide proof of license, registration, or identification when requested, or to use those of another person. (G) Harassment. It shall be unlawful to conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive. § 114.10 COMPLIANCE WITH ZONING. Mobile food units shall be operated in compliance with all requirements of the Zoning Code. Compliance with the Zoning Code location, information, and plan requirements shall be verified in writing by the Zoning Administrator. § 114.99 PENALTY. Any person convicted of violating this chapter shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both, as specified by state statute. THIS PAGE LEFT INTENTIONALLY BLANK  Date Type Staff Present August 8 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget Discuss SA Relief Association Benefit Increase City Council City Manager August 8 Regular Planning Commission items from July Electronic sign Quote City Council City Manager August 22 Regular 2024 Proposed Budget & Levy Presentation Approve 2024 Feasibility Study and Order Plans and Specs City Council City Manager Finance Director Engineer September 12 Work Session Code Amendments City Council City Manager City Planner September 12 Regular Spirit of St. Anthony Award Planning Commission items from August 2024 Preliminary Operating Budget and Levy‐PUBLIC HEARING Students in Leadership‐Consent City Council City Manager Finance Director September 26 Work Session Single Family Home Rentals City Council City Manager City Planner September 26 Regular Fire Prevention Presentation Approve Union Contracts City Council City Manager Fire Dept October 10 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