ORDINANCE NO. 2018 - 05

AN ORDINANCE CREATING ARTICLE 12, MOBILE FOOD UNITS,
AS FOUND IN CHAPTER 22, LICENSE, PERMITS & BUSINESS REGULATIONS
OF THE ROGERS CITY CODE

The City of Rogers hereby ordains as follows:

Section 1. Creation of Article.

Article XII. Mobile Food Units is hereby created and added to Chapter 22, License, Permits & Business Regulations.

Section 2. Creation of Code Sections.

City Code Sections §22-800 through §22-807 are hereby created by adding the following underlined language.

§22-800 Purpose.

The purpose of article recognizes the unique physical and operational characteristics of mobile food vending, and establishes licensing requirements and standards for the typical range of activities, and mitigates or prohibits practices that are contrary to the health, safety, and welfare of the public.

§22-801 Definitions.

Mobile Food Unit. Self-contained vehicle, trailer or food cart used to prepare and serve food that is ready movable without disassembling, to operate for a temporary period of time, including Ice Cream Vendors.

Ice Cream Vendor. A motor vehicle utilized as the point of retail sales of pre-wrapped or pre-packaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen dessert products.

Downtown District. The area north of the railroad tracks and south of County Road 81. East of the intersection of Memorial Drive and County Road 81. East of the John Deere Lane cul-de-sac.

§22-802 License Required.

Vendor License. It is unlawful for any person or entity to own, operate, engage in, or carry on, within the city, any type of service without first having obtained a license from the City pursuant to this section.

§22-803 License Application.

License application. A person registering for a Vendor License shall submit the following:
(a) A completed Vendor License application including names of the applicant, business and business owner and employees, birth dates, contact information, copies of driver’s licenses and Mobile Food Unit information.
(b) Description of the food being handled and sold.
(c) Operation details, including location, targeted customers, and hours and days of operations. Mobile Food Units operating on public or private property must have written permission from property owners to conduct business at those locations.
(d) A copy of required County and/or State-issued food license from the appropriate health agencies, and current vehicle and DOT registrations.
(e) A copy of liability insurance.
(f) A completed criminal background check form for Ice Cream Vendors.
(g) Applicable license application fees.

§22-804 Conditions of License; Restrictions.

(a) License. Mobile Food Units may apply for the following licenses: annual license, a per event license, or temporary license. A Vendor License is valid for only one (1) Mobile Food Unit. An annual license is valid for each calendar year, beginning January 1 and ending December 31. A per event license shall be effective for a period of three (3) consecutive days. Mobile Food Units may apply for a temporary license if participating in City-sponsored community events. A temporary license is valid for 10 days and only one (1) temporary license may be issued to a Mobile Food Unit per calendar year. Nothing shall prohibit a temporary licensee from applying for an annual license within the same calendar year.
(b) Setbacks. All Mobile Food Units operating on public or private property must be five (5) feet from side and rear yard property lines except in the Downtown District, and 20 feet from driveways.
(c) Hours. The sale of any food or drink shall be limited to between the hours of 8 a.m. and 10 p.m.
(d) Parking. No vending operation may occupy accessible parking spaces or parking spaces used to fulfill minimum parking requirements for public and private property. Mobile Food Units must be removed from public and private property by 10:30 p.m., unless written approval is received from property owner allowing overnight parking and noted on the application. There shall be no overnight parking of Mobile Food Units in public rights of way.
(e) Locations. Properly licensed Mobile Food Units may operate on eligible public streets. In the Downtown District, Mobile Food Units may use public rights of way and on-street parking areas when occupying no more than two (2) on-street parking spaces. No Mobile Food Unit may operate within 50 feet of the primary entrance of a restaurant located within the City, unless written permission is provided by the restaurant. Mobile Food Units must be located in a manner that will not obstruct traffic or pedestrians or pose a hazard to public safety.
(f) Sales. In residential zoning districts Mobile Food Units, except for Ice Cream Vendors, must limit sales to property owners with private events. No sale may be made to the general public unless a Special Event Permit is approved by the City.
(g) Operations.
(1) An independent power supply is required and must be screened from public view.
(2) No external signage is permitted, except for signage attached directly to the Mobile Food Unit.
(3) No external seating is allowed.
(4) Food sales and service must be from a fixed location; no Mobile Food Unit may not operate a drive through or drive up service.
(h) Refuse. Trash and recycling receptacles for customer use must be provided by the Mobile Food Unit. The permitted location(s) must be kept free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The Mobile Food Unit operator shall be responsible for disposal of all trash and recycling left by customers.
(i) Noise. Noise generated by the Mobile Food Unit shall not become a nuisance. No vehicle shall use or maintain any outside sound amplifying equipment, televisions or similar visual entertainment devices, or noisemakers, such as bells, horns or whistles. Ice Cream Vendors may have outdoor music or noise-making devices to announce their presence.
(j) Inspections. Mobile Food Units shall be inspected by the Fire Department prior to commencing sales.

§22-805 Fees.

License fees for Mobile Food Units are set by Ordinance and may be amended from time-to-time by the City Council.

§22-806 Suspension or Revocation.

Any Vendor License issued under this Section may be suspended or revoked at the discretion of the City for violation of any of the following:
(a) failure to comply with Conditions of License.
(b) change in operation, including but not limited to location and employees, without notification to the City and amendment to the Vendor License.
(c) fraud, misrepresentation or incorrect statements on the application form.
(d) violation of any provision of this Code section.

The City shall notify the holder of the Vendor License for the Mobile Food Unit a written notice of the violation(s) in person or to the address of the applicant. The license holder shall have the right to request a public hearing with the City Council to review the suspension or revocation. If no request for a hearing is received by the City Administrator within 10 days following the service of the notice, the suspension or revocation shall be final. If a public hearing is requested a hearing shall be scheduled at the next available City Council meeting. At the conclusion of the hearing, the City shall notify the license holder within five (5) days of the City Council decision.

The City reserves the right to immediately suspect or revoke the permit if the violation(s) pose an imminent harm to the health or safety of the public. The license holder retains the right to request a public hearing as described above.

§22-807 Transfer of License.

No Vendor License issued may be transferred to any other person or Mobile Food Unit other than the person to whom it was issued. Each person or Mobile Food Unit must obtain a separate license.

Section 5. Reserved.

City Code Sections §22-808 through §22-824 shall be reserved.

Section 4. Effective Date.

This Ordinance shall have full force and effect upon its passage and publication.

Passed by the City Council of the City of Rogers, Hennepin County, Minnesota, this 24th day of July, 2018.