Mobile Food Units Discussion; Genellie/Domeier
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: Jim Genellie, Assistant City Manager
Amy Domeier, City Clerk
Copy: Mike Mornson, City Manager
Date: November 10, 2015
Subject: Mobile Food Units Discussion
___________________________________________________________________________________________________________
As a follow-up to the June 9, 2015 work session, staff has drafted licensing
options and performance standards for mobile food units. If the City Council is
interested in pursuing an amendment to the City Code to allow mobile food units,
feedback should include the kinds of time, location, manner and performance
standards they expect in that regard. In addition to updating the City Code to
allow and regulate mobile food units, a zoning code update will be necessary as
food trucks are not a permitted use.
MOBILE FOOD UNIT OPTIONS
Statement of Purpose
. This section is intended to require an establishment preparing
and serving food from a self-contained readily moveable vehicle to obtain a license from
the City and to regulate the conditions from which the licensed establishment operates
with the City for the promotion of business within the City and for the protection of
existing businesses, customers and the general public.
Definitions.
The following terms, as used in this section, shall have the meanings
stated:
The term as used in this section, means:
(1) A self-contained food service operation, located in a readily movable
motorized wheeled or towed vehicle that is ready movable without
disassembling and that is used to store, prepare, display or serve food
intended for individual portion service; or
(2) A mobile food unit as defined in Minnesota Statutes, Section 157.15,
Subdivision 9.
Festivals and Other Community Events
Mobile food units are permitted to operate during pre-approved festivals and
community events provided it is approved as part of a festival and community
events permit.
No permit required
o
No limit on food units allowed per event
o
Pre-approved festivals include:
o
Music in the Park activities
St. Patrick's Day Parade
Raspberry Festival
Old Fashioned Holiday
Mainstreet Days
Farmer's Market
Sales to Employees
Food unit sales may continue to employees of any business on private property.
No permit required
o
Sales on Public Property
Public property includes City Hall, parks, schools, City-owned parking facilities,
The Depot, Hopkins Public Works, Hopkins Center for the Arts, Hopkins Pavilion,
Hopkins Activity Center and LRT Station properties.
Permit Required
o
Options to decide:
Permit required
Location (which buildings OK)
Requires City written approval to locate on public property
No sales between 10:00 p.m. and 7:00 a.m.
Sales only allowed between April 1 and October 31
Two food units allowed per event
Sales will be allowed in the following parks in designated areas (create a map):
Burnes Park
o
Valley Park
o
Downtown Park
o
Options to decide:
Permit required
Location
Requires City written approval to locate on public property
No sales between 10:00 p.m. and 7:00 a.m.
Sales only allowed between April 1 and October 31
Two food units allowed per event
Sales will be allowed in the following parks in designated areas (create a map)
only if concession stand sales are not occurring:
Maetzold Park
o
Central Park
o
Options to decide:
Permit required
Collaboration with Pavilion/Park permits
Location
Requires City written approval to locate on public property
No sales between 10:00 p.m. and 7:00 a.m.
Sales only allowed between April 1 and October 31
Two food units allowed per event
Sales will be allowed in the following parks in designated areas (create a map):
Oakes Park
o
Options to decide:
Permit required
Location
Requires City written approval to locate on public property
No sales/operations between 10:00 p.m. and 7:00 a.m.
Sales only allowed between June 1 and August 31
One food unit allowed at park
Sales will be allowed in specific locations within the public right-of-way (create a
map):
Mobile food units cannot locate within 1
o
restaurant or bar that serves food.
Mobile food units may be parked in a public right-of-way if the right-of-way
o
th
is closed as authorized by the City. (Does that cover 8 Ave. events)
Options to decide:
Permit required
Location
Requires City written approval to locate on public property
No sales between 10:00 p.m. and 7:00 a.m.
Sales only allowed between April 1 and October 31
Sales on Private Property
bar that serves food.
The food unit operator shall have written permission from the property owner to
operate on their property.
Submitted letter from property owner with permit request
o
Keep letter with vehicle to be made immediately available upon City
o
request
Options to decide:
Permit required
Location (which zoning districts allowed)
Two food units allowed per event
Requires written approval from property owner
No sales between 10:00 p.m. and 7:00 a.m.
Sales only allowed between April 1 and October 31
Number of events allowed
Sales on Residential Property
Food units would not be permitted to sell to the public on property that is zoned
residential. Such sales would violate home occupation rules.
Food units would be allowed to provide food for private events in residential
areas, for example: weddings, graduation parties, etc. The food unit is
essentially acting as a caterer and sales to the general public are not allowed.
Options for block party events
o
Options to decide:
Temporary Permit required for private parties
Location (street, drive-way, yard)
No sales or operations between 10:00 p.m. and 7:00 a.m.
Performance Standards.
A mobile food unit licensee is subject to the following
performance standards:
A mobile food unit that is licensed may not operate within the City for more than a
total of 6 days from April 1 October 31 (Minn. Stat. Section 157.15, subd. 9).
A mobile food unit that receives a temporary license may not operate on the
same property for more than one day from January 1 December 31 (Minn. Stat.
Section 157.15, subd. 9).
No mobile food unit sales or operations between 10:00 p.m. and 7:00 a.m.
-
approved festival, sporting event or civic event unless a license is issued to be
part of the festival or event.
Operators must clean around their unit at the end of each day.
Operators cannot call attention to themselves by crying out, blowing a horn,
ringing a bell, and playing music or other noise discernable beyond the unit.
Units must be kept in good repair and have a neat appearance.
Generators must be self-contained and fully screened from view and not exceed
70 decibels 10 feet away from the source.
Proof of liability insurance must be provided (will add additional requirements).
Proof of Department of Health Licensing must be provided.
Units must follow all Department of Health Licensing regulations.
A mobile food unit must dispose of its gray water daily. Gray water may not be
drained into City storm water drains.
Liquids from a mobile food unit cannot be drained onto public property.
Electrical cords and hookups to public utilities are not permitted.
The mobile food unit may have a maximum bumper to bumper length of no more
than 30 feet.
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:
One (1) single sandwich board style sign is permitted per mobile food unit;
o
The maximum sign size is eight (8) square feet;
o
The sign must be placed on the ground within ten (10) feet of the mobile
o
food unit;
The sign must not be placed within the public right-of-way except with the
o
express written permission of the City; and
The sign cannot project from the mobile food unit or be mounted to the
o
roof of the mobile food unit.
A mobile food unit licensee must comply with all laws, ordinances, regulations,
parking zones and posted signs.
A mobile food unit must provide an independent power supply that is screened
from public view.
Propane tanks must be attached or secured to the mobile food unit and must be
adequately ventilated.
Exterior lighting that will call attention to the setup is not permitted.
Operator is responsible for daily removal of trash, litter, recycling and refuse.
Public trash cans shall not be used to dispose of water generated by the
operation. The operator shall provide a garbage receptacle with a tight fitting lid.
The receptacle shall be easily accessible for customer use, and located within 5
feet of the unit.
Units cannot be left unattended nor remain at an authorized operation location
outside allowed hours of operation.
The unit shall not have a drive-thru.
Building permit required if customers enter trailer during the conduct of business.
Only food and non-alcoholic beverages may be sold.
Permits
. Each application must indicate whether it is applying for a temporary license
or annual license. An Annual Mobile Food Unit Permit allows operations in the City for
up to 6 days from April 1 October 31 of each calendar year. A Temporary Mobile
Food Unit Permit allows one-day operations in the City at private events on residential
property from April 1 through October 31 of each calendar year. A licensee will only be
granted two (2) temporary licenses per calendar year; however nothing shall prohibit a
temporary license from applying for an annual license within the same calendar year.
ART CENTER FEEDBACK
1. Is the listing under Festivals and Other Community Events meant to be all-
inclusive? If so, maybe Artery special events should be added. If not, maybe
wording can be clearer.
The listing is consistent with Legislative Policy 5-D Special Events Policy.
Listing may be modified to include the Artery; however, the Artery has been
2. Regarding Sales on Public Property (ie the Art Center!!), we would like the
opportunity to use food trucks all year-round. Also, what would be the policy for food
trucks at the Center for private rental events? These also can occur any time of the
year. Food trucks are becoming more popular for graduation and wedding
receptions for example.
Any mobile food unit that is used at the Art Center would be required to obtain
a permit.
The current permit structure only allows for sales from April 1 to October 31.
3. Under the next section on sales in parks has a limitation of two food units per event
can we say Two food units allowed per event unless a City/community event? (or
just remove this limitation) Again, here and in following paragraphs, restricting food
truck use only to the summer seems unduly limiting when there are City events all
year round.
Mobile food units are permitted to operate during pre-approved festivals and
community events without a limit on the number of units.
Staff is proposing two mobile food units per special event at the parks. The
proposed unit limitation meets the purpose of the policy to protect existing
businesses. Mobile food units are not allowed to be used in parks if there are
concession sales.
4.
The Artery would be considered a public street/right-of-way. Mobile food
units may be parked in the public right-of-way if the right-of-way is closed as
authorized by City.
or bar that serves food without City approval. Therefore, sales within the
Artery would need to be pre-approved as part of a special event.
5.
property line of a restaurant or bar. That is problematic for us. Perhaps there should
also be an exception if the food truck is collaborating with a local business such as
Hopkins Brew Fest.
The Hopkins Brew Fest would qualify as a special event.
6. Under Performance Standards, the licensing is very restrictive as to how many times
a food truck can be in Hopkins. What if we have 8 different rental patrons over the
rentals? Maybe the restriction should be more definitive in the number of days in a
row, or in the number of appearances not tied to events, or only related to food
trucks not part of community/City venue-related events.???
Vendors have the option to obtain an annual license that allows for 6 events
from April 1 to October 31.
Vendors have the option to apply for a total of two temporary permits for
events from April 1 to October 31.
The reason for the limitations is to protect existing businesses.
7. Can a Minneapolis or Minnesota license substitute for the Hennepin County license?
We will get this question!
The vendor will need to be licensed through Hennepin County. Hennepin
County handles all food licensing for the City of Hopkins.
8. In addition to responsibly handling trash, food trucks probably should be required to
recycle bottles and such.
The current Performance standards already include a provision that states the
operator is responsible for daily removal of trash, litter, recycling and refuse.
9. Are there special circumstances when alcoholic beverages may be sold? Again,
thinking of events such as Brew Fest.
Alcohol is not allowed to be served from a mobile food unit. Mobile food units
do not meet the criteria in state statutes to hold a liquor license.
ECONOMIC DEVELOPMENT FEEDBACK
Add Old Fashioned Holidays to list of pre-approved festivals
The listing is consistent with Legislative Policy 5-D Special Events Policy.
Policy 5-D should be modified to include Old Fashioned Holidays.
They have been replaced by the Old Fashioned Holiday event. Legislative
Policy 5-D Special Events Policy should be updated.
on,
as does Stages a couple of times per year for special events. Would that count?
-Approved
HCA and Stages are located on public property so any mobile food unit would
be required to obtain a permit.
What about food trucks located on private property, but not for employees, but rather
customers? Would that be allowed?
The food unit operator shall have written permission from the property owner
to operate on their property.
The food unit letter would need to submit the letter with the permit request.
Sales on Private Property re outlined in the draft policy. (Permit is required,
hours, dates).
Mobile food units on private property also
property line of a restaurant or bar that serves food.
thinking of the Lions donut truck.
All mobile food unit operators will be required to obtain a permit regardless if
they are for-profit or non-profit vendors or events.
Requiring the generators to be screened will be a departure from what is currently
required. They were visible at raspberry Festival.
It is a suggested standard within the policy. May only be an issue that is
complaint driven and would potentially affect the possibility of obtaining
another permit.
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