Ordinance - 17-03 - Amend Chapter 13 - Mobile Food TrucksCITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO. 17-03
AN ORDINANCE AMENDING CITY OF SPRING PARK CITY CODE SECTION 13-2
DEFINITIONS, SECTION 13-31 APPLICATION,13-34 DURATION,13-35 LICENSE
EXEMPTION, FOR MOBILE FOOD TRUCKS WITHIN THE CITY OF SPRING PARK
THE CITY COUNCIL OF THE CITY OF SPRING PARK ORDAINS:
Section 1. Sec. 13-2 - Definitions. The following definitions are hereby added to the Spring Park
City Code:
period.
Limited mobile food vehicle vendor. A mobile food vehicle that is licensed for a limited time
Mobile -food cart: A non -motorized push cart that sells prepackaged or ready -to -eat foods.
Mobile food vehicle. All of the defined vehicles in this section.
Mobile food vehicle vendor truck or trailer. A self-contained truck or trailer use to prepare and
serve food that is readily moveable without disassembling.
ftnackaged mobile food vendor: A parked vehicle from which prepackaged items such as ice
cream, pop and candy are sold.
Transient merchant means any person who temporarily or intermittently sets up business out of
a vehicle, trailer, boxcar, tent, portable shelter, or empty storefront for the purpose of exposing or
displaying for sale, selling, offering for sale or attempting to sell, and/or delivering goods, wares,
products, merchandise, or other personal property including mobile food units.
Section 2. Sec. 13-31. - Application. The following section is hereby amended to add the
following to the Spring Park City Code:
Application for a city license to conduct business as a peddler or transient merchant shall be made at
least 14 regular business days before the applicant desires to begin conducting business within the
city. Each individual seeking to conduct business as a peddler, solicitor, or transient merchant shall
complete an application. Application for a license shall be made on a form provided by the city
clerk. All applications must be signed by the applicant and shall include the following information:
(1) Applicant's full legal name.
(2) All other names under which the applicant has conducted or does conducts business or to
which applicant officially answers.
(3) A physical description of the applicant (hair color, eye color, height, weight, and any
distinguishing marks or features).
(4) Full address of applicant's current residence, permanent residence and addresses for the five
years immediately preceding the date of the application.
(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 agent.
(7) Full address of applicant's regular place of business (if any).
(8) Any and all business -related telephone numbers of the applicant, including cellular phones.
(9) The type of business for which the applicant is applying for a license.
(10) The dates during which the applicant intends to conduct business (maximum of 14-
consecutive days).
(11) Any and all addresses and telephone numbers where the applicant can be reached while
conducting business within the city, including the location where a transient merchant
intends to set up business.
(12) A statement as to whether or not the applicant has been convicted within the last five years
of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal
statute or any local ordinance, other than minor traffic offenses.
(13) A list of the three most recent locations where the applicant has conducted business as a
peddler or transient merchant.
(14) Proof of any required county license.
(15) Whether the applicant has been the subject of an investigation by any consumer protection
agency, state attorney general, better business bureau or similar group, and if so, the type of
investigation, the date of the investigation, the agency or office conducting the investigation,
and the outcome.
(16) Whether the applicant or any of its agents, employees, or sub -contractors has applied for a
license pursuant to Minn. Stat. ch. 326.
(17) An executed data privacy advisory and consent form authorizing the release of criminal
history information from each of the applicant's officers, partners, employees, agents, and
subcontractors.
(18) Written permission of the property owner or the property owner's agent for any property to
be used by a transient merchant.
(19) A general description of the items to be sold or services to be provided.
(20) One of the following valid forms of legal identification of the applicant:
a. Driver's license or identification card issued by Minnesota, another state, or a
province of Canada, and including the photograph and date of birth of the licensed
person;
b. A military identification card issued by the United States Department of Defense;
C. Passport issued by the United States; or
d. In the case of a foreign national, by a valid passport.
An expired photo ID will be accepted only with valid temporary permit showing renewal of
ID is in process.
(21) The license plate number, registration information, vehicle identification number and
physical description for any vehicle to be used in conjunction with the licensed business.
(22) All additional information deemed necessary by the city council.
(23) Mobile food units are required to meet the following additional standards:
a. Mobile food units must be licensed by the Minnesota Department of Health and
must adhere to state regulations for food trucks as provided in the Minnesota Food
Code, Minnesota Rules tart 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.
Section 3. Sec. 13-34. - Duration. The following section is hereby amended to add the following
to the Spring Park City Code:
All licenses issued under this chapter shall be valid only during the time period indicated on the
license up to a maximum of 14 days per calendar year. The city council at its sole discretion may
grant an extension for up to 45 additional days per calendar year upon application for an extension.
A single property may allow a mobile food truck to operate up to eighty-four (84) days per calendar
year. In no case shall an individual mobile food unit operate for more than twenty-one (21)
consecutive days. When multiple mobile food units operate simultaneously on the same site, the
duration of each permit shall be counted against the eighty-four (84) day allowance of the property
conducting the event.
Section 4. Sec. 13-35. - License exemptions. The following section is hereby amended to add
the following to the Spring Park City Code:
(a) Farm prvduas. No license shall be required for any person to sell or attempt to sell, or to take
or attempt to take orders for, any product grown, produced, cultivated, or raised on any
farm.
(b) Canvassers. No license, shall be required of any person going from house -to -house, door-to-
door, business -to -business, street -to -street, or any other type of place -to -place when the
activity is for the purpose of exercising that person's state or federal Constitutional rights
such as the freedom of speech, press, religion and the like. This exemption will not apply if
the person's exercise of Constitutional rights is merely incidental to a commercial activity.
(c) Exempt organizations. No license shall be required of any person soliciting for a charitable,
religious, political or educational organization if such organization is registered with the
secretary of state pursuant to the provisions of Minn. Stat. § 309.52 as a charitable
organization or is exempted therefore pursuant to the provisions of Minn. Stat. � 309.515.
(d) Pmferrional fundraisers not exempt. Professional fundraisers working on behalf of an otherwise
exempt person or group shall not be exempt from the licensing requirements of this chapter.
((ee)) Mobile food units associated with city -sponsored events or nonprofit events not to exceed
seven days where a temporary use permit has been issued by the City Administrator are not
required to obtain a transient merchant permit for the duration of the event. Mobile food
units participating_ in these events must comply with all other standards in this section.
Section 5. Sec. 13-40 Mobile Food Units. The following section is hereby amended to add the
following to the Spring Park City Code:
(a.) Mobile food units must adhere to the following regulations:
1) Mobile food units must be licensed by the Minnesota Department of Health and
must adhere to state regulations for food trucks as provided in the Minnesota Food
Code, Minnesota Rules part 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.
2) Mobile food unit operations are permitted in all commercial and industrial districts.
Mobile food units may operate in residential districts, public parks, school sites,
church sites, or in conjunction with a block party or special event where a
temporary use permit has been issued by the City Administrator and subject to the
conditions of this section. Ice cream truck vendors may operate in all zoning
districts, but must adhere to the described hours of operation.
3) Mobile food units must be located on private property, and the applicant must
provide written consent from the property owner. Ice cream trucks are allowed to
operate within the Public right-of-way in residential districts. Mobile food units
may be located in a public park or within the public right-of-way in residential
districts with approval from the city.
(4) Mobile food units shall not be located within 100 feet of the main entrance of any
� any
other Permanent food establishment on a separate lot. The setback shall be
measured from the vehicle to the main entrance of the building.
(5) Mobile food unit operations are not permitted between the hours of 10:00 p.m.
and 8:00 a.m. except by approval from the city.
(6) Mobile food units operating at a site for more than one day or in conJunction with
events identified in Section 13.35(e) of this ordinance shall be prohibited from
4
using an electrical generator and must rely on an electric power source available
from the principal building on the site.
(7) Mobile food unit sites shall be kept in a neat and orderly manner, and shall adhere
to the following site requirements:
1. Trash and/or recvclinq collection and cleanup must be provided.
2. Mobile food units must provide independent power supply which is
screened from view. Generators are permitted.
3. Mobile food units shall be located on an asphalt or concrete surface.
4. Mobile food units must close during adverse weather conditions when
shelter is not provided.
5. Mobile food units may not occupy parking spaces where the remaining
parking will not meet minimum standards required by Section 42-67 of this
Code.
(8) Noise from mobile food units shall not exceed MPCA noise standards for night
time activities measured at the property line.
(9) Ice cream truck vendors are required to undergo a criminal background check prior
to operating in the community at the cost of the applicant -vendor.
(10) If mobile food unit sites are found to be in noncompliance with any conditions as
provided in this section, the city reserves the right to revoke the mobile food unit
transient merchant license.
Section 6. Effective Date. This ordinance amending the Spring Park City Code shall be in full
force and effect immediately upon its passage and publication.
Adopted by the City Council of Spring Park on the 10`h day of July, 2017
CITY OF SPRING PARK
By
Aerame&"—�k/vam, ayor
ATTEST:
A(W laBy
Th sa Schyma, City C erk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
The Laker
with the known office of issue being located
in the county of:
CARVER
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331 A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for l successive week(s); the first
insertion being on 07/22/2017 and the last
insertion being on 07/22/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By
Atscx�UbL&
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/22/2017 by Charlene Vold.
Notary Public
DARLENE MARIE . PHERSONI
Notary Public- Minnesota
�, ...... • �� My Commisston Expires Jan 31, 2019
Rate Information:
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CITY OF SPRING PARK
SPRING PARK, MINNESOTA
SUMMARY PUBLICATION
ORDINANCE NO. 17-03
AND APPENDIX A
AN ORDINANCE AMENDING
CHAPTER 13 AND
APPENDIX A OF THE
SPRING PARK CITY CODE
REGARDING MOBILE
FOOD UNIT REGULATION
AND LICENSING AND
ASSOCIATED FEES
This summary of the ordinance
is published pursuant to Minnesota
Statue 331 A.01, Subd. 10.
On July 10, 2017 the Spring Park
City Council adopted Ordinance
No. 17-03 amending Chapter 13 of
the Spring Park City Code regard-
ing mobile food unit regulation and
licensing, and Appendix A of the
Spring Park City Code regarding
mobile food unit license fees.
This ordinance allows mobile
food units (food trucks) to oper-
ate in Spring Park. The ordinance
lists the requirements for business
licensing and regulations for oper-
ation including permitted locations,
hours, and associated fees.
Copies of the ordinances are
available for public inspection in
the City Clerk's office during normal
business hours or upon request by
calling Spring Park City Hall at 952-
471-9051.
ADOPTED by the City Council
of the City of Spring Park this 10th
day of July 2b17.
/s/ Theresa Schyma
City Clerk
Published in
The Laker
July 22, 2017
712524
Ad I D 712524