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Mobile Food Units Discussion 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: January 12, 2016 Subject: Mobile Food Units Discussion ___________________________________________________________________________________________________________ As a follow-up to the November 10 work session, staff has updated the proposed licensing options and performance standards for mobile food units. The main changes include the following: Regulations suggested by the Fire Department  Requirement of Liability Insurance  Indemnification language  Requirements to obtain a Park Permit for any sales in approved parks  Application and fee language  With the creation of the Mobile Food Units Policy additional changes will need to be made to other parts of the City Code. Food carts, food stands and temporary food stands are now defined as mobile food units and will be regulated as part of this policy and subject to all policy conditions. If the City Council is comfortable with the draft policy, staff will work to develop a fee structure. It is anticipated the policy will be brought to the City Council for consideration in February. In addition to adopting a policy and amending the City Code, a zoning code update will be necessary as food trucks are not a permitted use. MOBILE FOOD UNIT POLICY 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 within the City. This policy is designed to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses and public property. Definitions. The following terms, as used in this section, shall have the meanings stated: “mobile food unit” 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. Permit Required. All persons who operate a mobile food unit must have a valid City issued permit to engage in any business within the City and be in compliance with the provisions of this policy. The City has the right to revoke any permit and not issue any further permits to an applicant if the permit holder is not in compliance or receives any violation notices.  Sales on Public Property Mobile Food Unit operators are required to obtain written approval from the City to locate on public property. If the sales are occurring on park property, a park permit must be obtained from the Recreation Department. Two mobile food units are allowed per event.  Sales will be allowed in the following parks in designated areas: Burnes Park o Valley Park o Downtown Park o Cottageville Park o Oakes Park o  Sales will be allowed Maetzold and Central Parks in designated areas only if concession stand sales are not occurring at event.  Sales will be allowed in specific locations within the public right-of-way with City permission. Mobile food units cannot locate within 100 feet of the property line of a restaurant or bar that serves food. Mobile food units may be parked in a public right-of-way if the right-of-way is closed as authorized by the City.  Sales to the Public on Private Property Mobile food unit operators shall have written permission from the property owner to operate on their property. The written permission must be provided as part of the application. Sales are limited to two events per year and only two mobile food units are allowed per event. Mobile food units would not be permitted to sell to the public on property that is zoned residential.  Private Use of Mobile Food Units on Residential Property Mobile food units are allowed to provide food for private events in residential areas, for example: weddings, graduation parties, etc. Sales to the general public are not allowed. Residents are limited to two events per year and must notify their neighbors of the events. Mobile food units are not allowed to be parked on the property overnight. All persons who operate a mobile food unit must have a valid City issued permit to engage in any business within the City and be in compliance with the provisions of this policy with the following exceptions:  Festivals and Other Community Events. Mobile food units are permitted to operate during the pre-approved festivals and community events that are included in the City’s Special Event Policy 5-D provided they are approved as part of a festival and community events permit. Event organizers are required to provide the City with a list of all the approved vendors. There will be no limited on the number of mobile food units allowed per event.  Sales to Employees. Mobile food unit sales are permitted to the employees of any business on private property. Performance Standards. A mobile food unit licensee is subject to the following performance standards:  No mobile food unit sales or operations between 10:00 p.m. and 7:00 a.m.  Mobile food units cannot locate within 300’ from the perimeter of any pre- 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.  A mobile food unit must provide an independent power supply that is screened from public view and not exceed 70 decibels 10 feet away from the source.  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 licensee must comply with the Hopkins Fire Department Food Truck Requirements (attached as Exhibit 1).  Exterior lighting that will call attention to the setup is not permitted.  Operator is responsible for daily removal 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.  A mobile food unit licensee that is locating on City property must provide the City with a Certificate of Insurance showing proof of general liability insurance meeting the following minimum requirements:  Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equivalent special event coverages protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event’s operation and use of the City’s property in the minimum amount of $1,000,000 per occurrence.  If automobiles will be used during the event, Applicant shall provide automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence. Coverage shall include liability for owned, non- owned and hired automobiles.  The City shall be endorsed as an additional insured on all liability policies. Applicant’s insurance shall be primary.  The City reserves the right to modify these insurance requirements depending on the nature and scope of the event.  Licensee agrees to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of the event authorized by such premise extension, including attorney fees and all expenses.  Licensee will indemnify the City for all damages that may result to City property as a result of an event. Application . Each application must indicate whether it is applying for a temporary license or annual license. The applicant must provide all information requested as part of the application. Permit 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. Fees . Fees for the permit(s) shall be set by City Council Resolution from time to time and recorded in Chapter 10 of the Hopkins City Code. Exhibit 1: Hopkins Fire Department Mobile Food Unit Requirements Fire Protection Systems: Fire extinguishers are required for all mobile food vendor operations. All fire extinguishers shall be maintained and inspected on an annual basis. A fire extinguisher (minimum size of 2A 40 BC) will be required in addition to any class K extinguisher If deep fat fryers are used operators shall have and maintain a Class K portable fire extinguisher. All extinguishers shall meet the Minnesota State Fire Code 904.11.5 Hazardous Materials and Storage of Flammables: The storage and use of Flammable Liquids shall be in accordance with any applicable regulations under the Minnesota State Fire Code Chapter 27. Individual containers, cartons, or packages shall be conspicuously marked or labeled in an approved manner. Hazardous materials or liquids shall be disposed of in the proper manner. They shall not be released into any sewer, storm drain, ditch, creek, or on the ground, sidewalk, street, and highway or into the atmosphere. Propane and Natural Gas Handling Requirements: Shall follow the provisions under the Minnesota State Fire Code for Liquefied Petroleum Gases Chapter 38 for the storage, handling, transportation and the installation of LP gas equipment. Propane Bottles: The capacity limit shall be determined by the Fire Official after consideration of featuresthat secure and protect the container as well as the level of acceptable risk to the general public. LP vessels shall be affixed and secure to the portable food service platform in a manner that provides a reasonable expectation of security while parked or in transit. All applicable DOT regulations shall be followed: Hydro dates of propane cylinders shall be current. Propane and natural gas tanks shall be shut off while the mobile food vehicle is in motion, unattended and/or in overnight storage. Generator(s) and LPG storage compartments located on the exterior of the vehicle must be enclosed. These compartments must have venting to the exterior and must not allow any venting to the interior of the vehicle. There shall not be any storage of or use of LPG cylinders within the tow vehicle at any time. Mounting and placement of propane and natural gas tanks: The mounting of propane and natural gas tanks must withstand impact equal to four times the weight of the filled propane or natural gas container according to NFPA 34. Tanks must be secure (NFPA 34) and conform with NFPA standards relating to the safe Mounting of tanks as described in NFPA 34.