IV.3. Resolution Establishing Legislative Policy 5-J Mobile Food Unit Policy; Domeier (CR2016-021)February 29, 2016 Council Report 2016-021
Resolution Establishing Legislative Policy 5-J
Mobile Food Unit Policy
Proposed Action
Staff recommends adoption of the following motion: Motion that the Hopkins City Council
adopt Resolution 2016-017 Establishing Legislative Policy 5-J Mobile Food Policy and
Resolution 2016-018 Setting Fees for the Mobile Food Unit Permits.
Approval of this motion will establish language in Policy 5-J for City’s policy on issuing Mobile
Food Unit Permits and set fees for the permits.
Overview
Based upon discussions with the City Council during 2015 and beginning of 2016, staff has
developed a Mobile Food Unit Policy. The policy outlines the permitting options and
performance standards for mobile food units. Staff has received inquiries over the last year from
vendors wishing to locate in Hopkins for sales to the public or as part of a special event.
The policy was designed to permit the reasonable use of mobile food units while preventing any
adverse consequences to residents, businesses and public property. Staff anticipates that a
majority of the requests will be part of a special event.
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. 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.
Primary Issues to Consider:
• Permit structure and fees
Supporting Information:
• Legislative Policy 5-J Mobile Food Unit Policy
• Resolution 2016-017
• Resolution 2016-018
Amy Domeier, City Clerk
Financial Impact: $__________Budgeted: Y/N _______ Source: ________________
Related Documents (CIP, ERP, etc.): _______________________________________
Notes: _______________________________________________________________
Primary Issues to Consider:
• Permit structure and fees
Permit: Any qualifying mobile food unit vendor wishing to conduct sales in Hopkins must
obtain a 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.
Permit Fees: An Annual Permit will be $50. There will be no fee for temporary licenses.
POLICY 5-J
MOBILE FOOD UNITS
1. PURPOSE
1.01 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.
This policy is designed to permit the reasonable use of mobile food units while
preventing any adverse consequences to residents, businesses and public property.
2. DEFINITIONS
2.01 “Mobile food unit” 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.
3. PERMIT REQUIRED
3.01 Any qualifying mobile food unit vendor wishing to conduct sales in Hopkins must obtain
a 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.
3.02 Applications for the mobile food unit permit will be available at the City Clerk’s Office,
and if approved, must be displayed on the unit. Incomplete applications will be returned.
3.03 The permit fee shall accompany the application. There is no fee for a temporary permit.
The fee for the annual permit shall be established periodically by resolution of the City
Council and recorded in Chapter 10 of the Hopkins City Code.
4. SALES ON PUBLIC PROPERTY
4.01 Sales on public property are permitted with the City’s approval. Public property includes
City Hall, parks, schools, City-owned parking facilities, The Depot, Hopkins Public
Works, Hopkins Center for the Arts, Hopkins Pavilion and Hopkins Activity Center and
LRT Station properties.
4.02 Only two mobile food units are allowed per event.
4.03 Applicants must obtain a park permit from the Recreation Dept. for any sales in a park.
4.04 Sales are not allowed in Maetzold Park or Central Park if concession stand sales are
occurring with an event.
4.05 Sales at any City park are only allowed in designated areas.
4.06 Sales within the public right-of-way will only be allowed in designated areas.
4.07 Mobile food units cannot locate within 100’ of the property line of a restaurant or bar that
serves food. Exceptions may be made for Special Events approved by the City.
4.08 Mobile food units may be parked in a public right-of-way if the right-of-way is closed as
authorized by the City.
5. SALES TO THE PUBLIC ON PRIVATE PROPERTY
5.01 The mobile food unit operator shall have written permission from the property owner to
operate on their property. The written permission must be submitted with the permit
request.
5.02 The written permission must be kept with the unit to be made immediately available upon
City request.
5.03 Only two mobile food units are allowed per event.
5.04 Two events are allowed per year on the private property.
6. SALES TO THE PUBLIC ON RESIDENTIAL PROPERTY
6.01 Mobile food units are not be permitted to sell to the public on property that is zoned
residential. Such sales would violate home occupation rules.
7. PRIVATE USE OF MOBILE FOOD UNITS ON RESIDENTIAL PROPERTY
7.01 Mobile food units are 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.
7.02 The mobile food unit must be located on the residential property.
7.03 Only two events are allowed per year on a property.
7.04 No overnight parking of a mobile food unit on residential property is allowed.
7.05 Neighbors must be notified of the event(s).
8. SALES AT FESTIVALS AND OTHER COMMUNITY EVENTS
8.01 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.
8.02 Pre-approved festivals and community events are listed in the Special Event Policy 5-D.
8.03 Event organizers are required to provide the City with a list of all the approved vendors.
8.04 There shall be no limit on the number of mobile food units allowed per event.
9. SALES TO EMPLOYEES
9.01 Mobile food unit sales are allowed to employees of any business on private property.
10. PERFORMANCE STANDARDS
10.01 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.
10.02 A mobile food unit that receives a temporary license may not operate on the same
property for more than one day from April 1 – October 31.
10.03 No mobile food unit sales or operations between 10:00 p.m. and 7:00 a.m.
10.04 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.
10.05 Operators must clean around their unit at the end of each day.
10.06 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.
10.07 Units must be kept in good repair and have a neat appearance.
10.08 Proof of Department of Health Licensing must be provided.
10.09 Units must follow all Department of Health Licensing regulations.
10.10 A mobile food unit must dispose of its gray water daily. Gray water may not be drained
into City storm water drains.
10.11 Liquids from a mobile food unit cannot be drained onto public property.
10.12 Electrical cords and hookups to public utilities are not permitted.
10.13 The mobile food unit may have a maximum bumper to bumper length of no more than 30
feet.
10.14 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;
• The maximum sign size is eight (8) square feet;
• The sign must be placed on the ground within ten (10) feet of the mobile food unit;
• The sign must not be placed within the public right-of-way except with the express
written permission of the City; and
• The sign cannot project from the mobile food unit or be mounted to the roof of the
mobile food unit.
10.15 A mobile food unit licensee must comply with all laws, ordinances, regulations, parking
zones and posted signs.
10.16 A mobile food unit must provide an independent power supply that is screened from
public view. Generators must be self-contained and not exceed 70 decibels 10 feet away
from the source.
10.17 A mobile food unit licensee must comply with the Hopkins Fire Department Food Truck
Requirements (attached as Exhibit 1).
10.18 Exterior lighting that will call attention to the setup is not permitted.
10.19 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.
10.20 Units cannot be left unattended nor remain at an authorized operation location outside
allowed hours of operation.
10.21 The unit shall not have a drive-thru.
10.22 Building permit required if customers enter trailer during the conduct of business.
10.23 Only food and non-alcoholic beverages may be sold.
10.24 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.
10.25 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.
10.26 Licensee will indemnify the City for all damages that may result to City property as a
result of an event.
Exhibit 1:
Hopkins Fire Department
Food Truck 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 features that
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.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2016-017
ESTABLISHING LEGISLATIVE POLICY 5-J – MOBILE FOOD UNITS POLICY
WHEREAS, the City Council of the City of Hopkins has approved a document entitled the
Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken
are consistent and fair; and
WHEREAS, the City Council has created Legislative Policy 5-J in order to set forth procedures
to be followed by applicants of Mobile Food Unit Permits.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby
adopts the establishment to Legislative Policy 5-J Mobile Food Unit Policy as proposed in
Council Report 2016-021.
Adopted by the City Council of the City of Hopkins this 29th day of February, 2016.
By:___________________________
Molly Cummings, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2016-018
RESOLUTION SETTING RENEWAL FEES FOR MOBILE FOOD UNIT PERMITS
WHEREAS, the Hopkins City Code authorizes the City Council to set fees by
Resolution; and
THEREFORE BE IT NOW RESOLVED that the following fees should be established
for issuance of renewal Mobile Food Unit Permits as defined in Legislative Policy 5-J:
1. Mobile Food Unit Annual Permit $50 per year
2. Mobile Food Unit Temporary Permit $10 per event
Adopted by the City Council of the City of Hopkins this 29th day of February, 2016.
______________________________
Molly Cummings, Mayor
ATTEST:
_____________________________
Amy Domeier, City Clerk