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Home My WebLink About9.a. Approval of Ordinance Establishing a Mobile Food Unit Ordinance EXECUTIVE SUMMARY City Council Regular Meeting: May 4, 2021 AGENDA ITEM: Approval of Ordinance establishing a Mobile Food Unit Ordinance AGENDA SECTION: New Business PREPARED BY: Logan Martin, City Administrator Erin Fasbender, City Clerk AGENDA NO.: 9.a. ATTACHMENTS: Draft Ordinance APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt Ordinance-X Establishing a Mobile Food Unit Ordinance BACKGROUND The City of Rosemount has initiated an ordinance to establish performance standards, insurance requirements and licensing for the operations of a food truck within an appropriate zoning districts in City limits. The purpose of the regulations in this ordinance is to protect the public health, manage potential conflicting uses of the public right of way, and minimize unfair competition with fixed-site prepared food vendors in the community. All mobile food units must comply with this chapter in order to operate within the city. In addition to the city requirements, owners and operators of mobile food units must also meet state licensing and food safety requirements in order to operate. The proposed ordinance would allow food trucks to operate in the following circumstances: • Business Park & Industrial zoning districts if not open to the public and with the consent of the property owner. • Commercial zoning district with the consent of the property owner. • Residential zones as part of a private catering event o No more than four (4) permits will be issued to a residential property in a calendar year. The limited nature of these types of private events would likely be within a tolerable level for neighboring property owners while protecting the neighborhood from becoming a site for commercial operations. • As part of a city permitting process, i.e. Special Event Permit • On government property with permission Several metro cities participated in a survey indicating their mobile food unit policy. Several metro cities have indicated a proposed change to enforce standards when food trucks operate within City limits due to the increase popularity in the suburban areas. The Rosemount Police Department, City Attorney, City Administrator, Community Development Department and City Clerk have all reviewed the ordinance and recommend the Council adopt the ordinance. RECOMMENDATION Staff recommends the Council approve Ordinance-X Establishing a Mobile Food Unit Ordinance. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2021 - X AN ORDINANCE ADDING TITLE 3, CHAPTER 10, OF THE CITY CODE RELATING TO AND REGULATING MOBILE FOOD UNITS IN THE CITY OF ROSEMOUNT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Title 3 of the Rosemount City Code is amended by adding the following new Chapter 10: Chapter 10 MOBILE FOOD UNITS SECTION: 3-10-1: Purpose 3-10-2: Definition 3-10-3: Requirements 3-10-4: Locations 3-10-5: Performance Standards 3-10-6: Inspections; Enforcement 3-10-7: Exemptions 3-10-1: PURPOSE: This chapter is intended to describe the requirements for an establishment preparing and serving food from a self-contained readily moveable vehicle in the city and to regulate the conditions from which the establishment operates within the city for the promotion of business within the city and for the protection of customers and the general public. All mobile food units must comply with this chapter in order to operate within the city. The purpose of the regulations in this chapter is to protect the public health, manage potential conflicting uses of the public right of way, and minimize unfair competition with fixed-site prepared food vendors in the community. 3-10-2: DEFINITION: For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. MOBILE FOOD UNIT: A. 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 B. A mobile food unit as defined in Minnesota Statutes, section 157.15, subdivision 9. 3-10-3: REQUIREMENTS: A. License: The mobile food unit operator must be licensed by the Minnesota Department of Health as required under Minnesota State law. The license must be clearly posted. B. Fire Code: The mobile food unit must meet State Fire Code requirements. C. Insurance: The mobile food unit operator must have the following forms of insurance by an insurance company authorized to do business in the State of Minnesota: 1. Commercial general liability insurance or its equivalent, with a limit of not less than one million dollars ($1,000,000.00) each occurrence and an annual aggregate limit of not less than two million dollars ($2,000,000.00); 2. Automobile liability insurance with a limit of not less than one million dollars ($1,000,000.00) combined single limit covering the vehicle licensed as a mobile food unit, and if applicable, any vehicle used in conjunction with the mobile food unit; 3. If the mobile food unit will be operated on public property, including public right- of-way, the city shall be named as a certificate holder and as an additional insured, and must be provided with a certificate of insurance. D. Permit Applications: An application for a mobile food unit permit shall be filed with the city clerk. E. No more than four (4) permits will be issued to a residential property in a calendar year. 3-10-4: LOCATIONS: A. Allowed Locations: A mobile food unit may only operate in the locations and under the conditions set forth in this section: 1. With the written consent of the property owner, a mobile food unit may operate in a business park and industrial zoning district if not open for sales to the general public. 2. With the written consent of the property owner, a mobile food unit may operate in a commercial zoning district subject to other provisions of this section. 3. With the written consent of the property owner, a mobile food unit may operate in a residential zoning district if on private property for catering purposes (such as a private graduation party or wedding) and not open for sales to the general public. 4. A mobile food unit may operate in the right-of-way immediately adjacent to a consenting property owner noted in this section, as long as it does not create a public safety hazard. 5. A mobile food unit may operate at any location if in conjunction with an event authorized by the city either through a special event permit or other permit that has been authorized by the city and with permission from the event sponsor. 6. A mobile food unit may operate at a government-owned property if there is permission of the government entity or agency controlling that property through a permit, agreement or other approval process. B. Prohibited Locations: A mobile food unit may not operate in the following locations: 1. On any street posted with no parking signs or on any street with a posted speed limit greater than thirty (30) miles per hour, unless a special event or other permit has been issued pursuant to section 3-10-4(A)(5). 2. At any location that may cause a safety hazard for other vehicles, pedestrians, or the general public. 3-10-5: PERFORMANCE STANDARDS: A. A mobile food unit owner/operator is subject to the following performance standards: 1. Mobile food unit sales may only conduct sales between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. 2. Waste generated by the mobile food unit must be transported out of the city and disposed of in accordance with all Federal, State, and local regulations. Grey water may not be drained into city stormwater drains. 3. The owner/operator of the mobile food unit shall be responsible for the conduct of their employees and agents while operating a mobile food unit. 4. 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 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 feet (10') of the mobile food unit; d. The sign must not be placed in a manner that hinders passage upon any sidewalk; e. The sign must not be placed within the improved travel surface of the public right-of-way except with the express written permission of the city; and f. The sign cannot project from the mobile food unit or be mounted to the roof of the mobile food unit. 3-10-6: INSPECTIONS; ENFORCEMENT: A. A mobile food unit operating in the city is subject to inspection by city officials. B. A failure to meet any of the requirements outlined in this chapter shall result in an immediate order to correct or cease operations by the Rosemount Police Department. 3-10-7: EXEMPTIONS: A. Community events that have been approved and licensed or permitted by the city council shall be exempted from the provisions of this chapter provided that participating mobile food units are covered by a special event permit, or other applicable license or permit and are otherwise compliant with Minnesota Department of Health standards and all requirements under section 3-10- 3. B. Mobile food units serving ice cream and/or similar frozen snacks are allowed to operate within the public right-of-way in any residential zoning districts and do not require a city-issued permit under this chapter. Section 2. This ordinance shall be effective following its passage and publication. Adopted this 4th day of May, 2021, by the City Council of the City of Rosemount. ___________________________ William H. Droste, Mayor ATTEST: ___________________________ Erin Fasbender, City Clerk