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Review of Legislative Policy 5-J Mobile Food Unit Policy; Domeier&Lenz CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Amy Domeier, City Clerk Ari Lenz, Assistant City Manager Date: January 14, 2020 Subject: Review of Legislative Policy 5-J Mobile Food Unit Policy _____________________________________________________________________ PURPOSE Staff reviewed the existing policy and is proposing changes based on our experience with the program and feedback from business owners. INFORMATION The Mobile Food Unit (MFU) Policy was originally adopted in February, 2016. The policy was designed to permit the reasonable use of mobile food units while preventing any adverse consequences to residents, businesses and public property. To date, 17 MFU vendors have obtained a license and most are part of special events. While a license is not required for MFU vendors participating in pre-approved events, there were still a number of vendors that located in Hopkins without permits. Staff has received inquiries over the past year from private businesses wanting to use MFUs for events on their property. The current condition that businesses are only allowed two events per year has been viewed as too restrictive for their needs. The major changes proposed for the policy include: • Changing from a permit to registration process • Allowing MFUs all year long • Amending the type of sales that are allowed on public and private property • Updating the performances standards FUTURE ACTION Legislative Policy changes require City Council approval. Staff will schedule the item for consideration at an upcoming meeting unless further discussion at a work session is required. Administration 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 registered 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 REGISTRATION REQUIRED 3.01Any qualifying mobile food unit vendor wishing to conduct sales in Hopkins must obtain a permitregister with the City Clerk. An AnnualA Mobile Food Unit Permit allows operations in the City for up to 6 12 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. A qualifying vendor must provide proof of Department of Health Licensing upon request. Vendors must follow all Department of Health Licensing regulations. 3.01 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. 3.02 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 TO PUBLIC ON PUBLIC PROPERTY 4.014.01 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. 4.014.02 Permission required from the City. 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 unit operator must work with City staff to register for event. 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. The property/business owner must register the mobile food unit with the City Clerk. 5.02 The written permission must be kept with the unit to be made immediately available upon City request. 5.035.02 Only two one mobile food units are allowed per event unless part of a Special Event Permit. 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 and not within the City right-of-way.. 7.03 Only two events are allowed per year on a property. 7.047.03 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. 10.9. PERFORMANCE STANDARDS 10.01 A mobile food unit that is licensed may not operate within the City for more than a total of 6 12 days from April 1 – October 31per calendar year. 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. 10.0310.02 No mobile food unit sales or operations between 10:00 p.m. and 7:00 a.m. 10.0410.03 Mobile food units cannot locate within 300’ from the perimeter of any pre- approved festival, sporting event or civic event unless approved as part of special event permit. license is issued to be part of the festival or event. 10.0510.04 Operators must clean around their unit at the end of each day. 10.0610.05 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. 10.0710.06 Units must be kept in good repair and have a neat appearance. 10.0810.07 Proof of Department of Health Licensing must be provided upon request. 10.0910.08 Units must follow all Department of Health Licensing regulations. 10.1010.09 A mobile food unit must dispose of its gray water daily. Gray water may not be drained into City storm water drains. 10.1110.10 Liquids from a mobile food unit cannot be drained onto public property. 10.1210.11 Electrical cords and hookups to public utilities are not permitted. 10.1310.12 The mobile food unit may have a maximum bumper to bumper length of no more than 30 feet. 10.1410.13 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. 10.1510.14 A mobile food unit licensee must comply with all laws, ordinances, regulations, parking zones and posted signs. 10.1610.15 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. 10.1910.16 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. 10.2010.17 Units cannot be left unattended nor remain at an authorized operation location outside allowed hours of operation. 10.2110.18 The unit shall not have a drive-thru. 10.2210.19 Building permit required if customers enter trailer during the conduct of business. 10.2310.20 Only food and non-alcoholic beverages may be sold unless the mobile food unit is part of a catered event and the caterer holds a state issued caters license to serve alcohol. The other exception is for businesses that hold a City issued liquor license. Businesses that hold a City issued liquor license may dispense from a beverage cart or trailer on their premise only. 10.2410.21 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. 10.2510.22 Licensee Registrants 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 Registrants 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. TYPE OF SALES LOCATION(S) CONDITIONS Sales to Public on Public Property 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  Requires permission from the City and registration.  Mobile food units may be parked in a public right-of-way if the right-of-way is closed as authorized by the City.  Follow Performance Standards in Section 10. Sales to the Public on Private Property Commercial property located within the City of Hopkins.  The mobile food unit operator shall have written permission from the property owner to operate on their property.  The property/business owner must register the mobile food unit with the City Clerk.  Only one mobile food unit allowed per event up to 12 times a year unless part of a Special Event Permit.  Follow Performance Standards in Section 10. Sales to the Public on Residential Property Property zoned Residential within the City of Hopkins  No sales to the public are allowed per home occupation rules. Private Use of Mobile Food Units on Residential Property Property zoned Residential within the City of Hopkins  The food unit is essentially acting as a caterer and sales to the general public are not allowed.  The mobile food unit must be located on the residential property and not within the City right- of -way.  No overnight parking of a mobile food unit on residential property is allowed.  Follow Performance Standards in Section 10. Sales at 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. Pre-approved festivals and community events are listed in the Special Event Policy 5-D.  There shall be no limit on the number of mobile food units allowed per event.  Follow Performance Standards in Section 10.