Loading...
Chapter 5 Legislative Policy Manual -- Chapter 5 LEGISLATIVE POLICY MANUAL CHAPTER V Policy 5-A Sale of property Policy 5-B Rent/Lease of property Policy 5-C Use of City Buildings Policy 5-D Special Events Policy 5-E Sidewalk Café Policy Policy 5-F Mobile Food Units Policy Policy 5-G Alcohol/Security/Conduct Policy – City Facilities Revised 2024 Legislative Policy Manual 1 Legislative Policy Manual -- Chapter 5-A 1 POLICY 5-A SALE OF PROPERTY 1. PURPOSE 1.01 The City of Hopkins owns various items of personal property or parcels of real property which may be surplus to operating needs. 2. PERSONAL PROPERTY POLICY 2.01 Disposal of personal property is covered in Section 2-134 of the Hopkins City Code. 3. REAL PROPERTY 3.01 A resolution declaring property to be surplus shall be approved by the City Council. Prior to this action, the City Council shall direct the staff to undertake the following: 1. Notify HRA and Park Board of the availability of the property. 2. Review with the Planning & Zoning Commission to determine if the disposition complies with the Comprehensive Plan. 3.02 The sale of land shall be made available at a price that shall take into consideration the estimated fair market value of the cleared land. However, the City Council, based upon the specific situation, shall have the right to accept an offer for more or less than the fair market value. 3.03 The City Council shall have the ability to undertake a negotiated sale of land without public bidding, but only following a public hearing, and after published notice in the official newspaper at least once, and not less than 10 days nor more than 30 days prior to the date of the hearing. 3.04 When the public bidding process is followed in the sale of property, a notice shall be placed in the official newspaper at least once providing a minimum 30 day period for submission of bids. 3.05 The City Council is authorized to establish any guidelines and specifications determined appropriate to govern the sale and development of surplus property. 3.06 When the public bidding process is followed, the City Council has the right to award the sale of surplus property based upon the highest responsible bid which complies with any established guidelines and specifications. The City Council shall have the right to reject any or all bids. 3.07 The City Council is authorized to sell or donate surplus property to the Hopkins Housing and Redevelopment Authority to facilitate redevelopment activities. 3.08 The City Attorney shall draft legal documents and coordinate the consummation of the sale of surplus property. Established 8/18/87 Revised 8/1/89 Revised 01/02/2024 City of Hopkins POLICY 5-B RENT/LEASE OF PROPERTY 1. PURPOSE 1.01 The City of Hopkins owns various parcels of land which may be from time to time temporarily surplus to operating needs. 2. POLICY 2.01 The rent established for each parcel of land shall be calculated annually, as of each January 1, beginning January 1, 1983. 2.02 The calculation shall be performed as follows: The Assessor's estimate of current market value for the subject parcel, times the current average percentage rate of interest designated by the Finance Director, plus the "in lieu" tax payment made to Hennepin County (the "in lieu" tax payment is 30% of rent paid), shall equal the annual rent for the subject parcel. For example if the land value is $5,000, the interest rate is 5%, the calculation would be $5,000 x .05 = $250/.7 (tax factor) = $357.14 annual rent. 2.03 "Month to month" renters pay the annual rent on a prorated monthly basis, due the first of each subject month. Annual renters may either pay monthly as above, or may choose to pay the annual rent in a lump sum during the month of January. If the rent is paid in a lump sum, a 10% discount will be given. 2.04 The initial contact person for rental of City property is the Public Works Director. Administration of the lease and financial details are handled by the Finance Director. 3. DATE ADOPTED 3.01 Passed and adopted by the Council of the City of Hopkins, Minnesota at a special meeting held the 28th day of September, 1982. Established 8/18/87 Revised 8/2/89 City of Hopkins POLICY 5-C USE OF CITY BUILDINGS 1. PURPOSE 1.01 City-owned buildings are in fact owned by the residents in trust to the City Council and City Manager. Therefore, community members should be permitted and encouraged to use these facilities. These policies are to ensure that facilities are available in an orderly fashion and neat condition. 2. TYPES OF PROPERTY 2.01 Separate policies shall be established for the City Hall, Hopkins Center for the Arts, Hopkins Pavilion, Hopkins Activity Center, and City parks. 3. FEES 3.01 The City at each facility may set fees to cover the cost of operations and use. Established 8/18/87 Revised 10/7/2003 Revised 01/02/2024 City of Hopkins POLICY 5-D SPECIAL EVENTS POLICY 1. PURPOSE 1.01 The purpose of this policy is to set forth procedures to be followed by organizers of Special Events who wish to use city property and/or require city services. Any organization wishing to sponsor or hold a Special Event in the City of Hopkins will be required to complete the Special Event Permit Application. The City will conduct a complete review of any Special Event Permit Application and inform the applicant if the event is allowed. Special Events are defined as any parade, race, procession, carnival, community picnic, celebration, fundraiser, dance, concert, large assembly, or other special event on City property within the corporate limits of the City of Hopkins. 2. CITY SERVICES PROVIDED FOR SPECIAL EVENTS 2.01 Pre-Approved Activities: Pre-Approved Activities are special events for which the City provides some basic services without charge. Detailed applications including street closure permits, liability insurance and site plans are required. Pre-Approved Activities include: a. World’s Shortest St. Patrick's Day Parade b. Raspberry Festival c. Halloween in Hopkins d. Annual Holiday in Hopkins & Small Business Saturday e. Mainstreet Day f. Farmers’ Market g. Hopkins Summerfest h. National Night Out 2.02 Co-Sponsored Events: The City may co-sponsor certain events with other organizations, when the City Council determines that the event is in the general interest to the public and advances the City’s public image. The City will provide financial support to these events as determined in the annual budget appropriation. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in excess of the support level authorized by the budget appropriation. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.03 Other Events: The City may allow other Special Events operated by sponsors that are beneficial to the city and the public. These events are subject to an additional use charge for the use of the public property. In addition, these events must pay 100% of all City costs related to the event. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in addition to the payment of the established permit rate. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 3. FEES FOR SPECIAL EVENTS 3.01 Hourly Rate shall be the cost for any employee working on a Special Event as established by City Administration. Please note that these rates are reviewed/adjusted annually. The Hourly Rate shall include expenses related to the employee including fringe benefits.3.02 Purchased or Rental Materials shall include all direct costs for all materials purchased or rented by the City of Hopkins for use at the event. 3.03 Equipment Charges shall be the current equipment usage rates as established by the City of Hopkins. 3.04 A Replacement Cost will be billed for missing and/or damaged equipment and supplies. 4. BILLINGS FOR SPECIAL EVENTS 4.01 Special Event billing by the City will include employee time of Administration, Public Works, Police and Fire; any purchased or rented materials; equipment charges; and any replacement costs for missing or damaged equipment/supplies. 5. REGULATIONS AND PROCEDURES 5.01 Any person or organization wishing to sponsor a Special Event must obtain a Special Event Permit not less than 60 days before the special event. 5.02 Applications for a permit for a Special Event will be available at the City Clerk's office, and if approved, shall become a part of the permit. Incomplete applications will be returned. 5.03 The permit fee shall accompany the application. 5.04 Special Events which are not sponsored by the City or deemed Pre-Approved may require a deposit determined by the City Manager. 5.05 The cash deposit will be calculated based on the anticipated and potential cost to the City of Hopkins, and shall be submitted no less than thirty (30) days before the special event. 5.06 The return of the deposit is conditioned upon the applicant having not requested nor received services which are a cost to the City of Hopkins and the applicant causing no damage to the public or private property in the City of Hopkins, and further conditioned upon the fact that the applicant will remove all dirt, paper, litter, or other debris generated by its operations, from the site of the event and the adjoining premises upon completion of the event. 5.07 Issuance of a Special Event Permit does not constitute a waiver of any Federal, State or Local laws. Applicants are responsible for complying with all applicable Federal, State, and Local laws. 5.08 Issuance of a Special Event Permit does not, in any way, imply City sponsorship of the Special Event. 5.09 Traffic Control Measures: Applicant is required to pay all costs for traffic control measures and traffic control personnel. 5.10 Traffic Barricades: The applicant shall through a bona fide contractor provide, install and remove all the equipment as stipulated by the Public Works Department. The installation and removal of barricades by Hopkins Public Works Department is subject to the street closure rates established by the Public Works Department. 5.11 Notice to Property Owners: The applicant may be required to provide 30-day notice to all property owners about a Special Event as stipulated by the City Clerk or designee. 5.12 Insurance: Applicant must provide the City with a Certificate of Insurance showing proof of general liability insurance, automobile liability insurance (if applicable) and liquor liability insurance (if applicable) 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. • If alcohol will be sold or served, Applicant must have liquor liability (dram shop) insurance in the minimum amount of $1,000,000 per occurrence. • 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. 5.13 Claims: Applicant 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. 5.14. Damages: Applicant will indemnify the City for all damages that may result to City property as a result of an event. 5.15 Supervision: Applicant will maintain adult supervision of the event at all times. Applicant will provide security as stipulated by the Chief of Police or designee. Security will be billed at the staffing rate established by the Police Department. 5.16 Clean-up: Applicant will, at no cost to the City, immediately clean up, remove and dispose of all litter or material of any kind, which is placed or left on the street because of the event. If the Applicant neglects or fails to proceed with clean up within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the Director of Public Works or designee is authorized to cleanup and charge Applicant for clean-up at the rate established by the Public Works Department. 5.17 Trash Disposal: Applicant will provide plans for trash disposal including the company contracted for trash disposal as part of the Special Event Permit Application. 5.18 Restrooms. Applicant will provide plans for providing restrooms including the company contracted for supplying restrooms as part of the Special Event Permit Application. 5.19 Use of City Utilities: The Applicant will not use City utilities for any event unless permission has been granted by the Director of Public Works or designee. The electrical circuits in the Central Business District have a limited amperage capacity. Applicant will provide plans for events on the 8th Avenue Artery where the use of City utilities for events will be permitted. 5.20 Food Permits. The Applicant shall obtain a Minnesota Department of Health food license and shall comply at all times with the applicable health codes and regulations. Proof of license shall be kept on site for immediate inspection. 5.21 Mobile Food Units. The applicant shall register a Mobile Food Unit with the City Clerk. 5.22 Alcoholic Beverages on Public Property. The Applicant is required to follow the procedures listed in Legislative Policy 5-K Alcohol/Security/Conduct Policy at City Facilities. All of the below stipulations are inclusive of interior and exterior areas of any special events: • Fencing surrounding the defined area for the service of alcoholic beverages will be secured to establish the outdoor event area. All liquor sales and containers used for consumption must remain in the defined space. • There should be controlled access to the event with event security personnel to identify and wrist band those of legal age to consume. The gate/emergency exit of the fenced area will need to be continuously staffed to prevent patrons from leaving with alcoholic beverages. • Events are “21 and over” after 9 p.m. when alcohol is being served. • All alcohol service will cease at 10 p.m. All patrons must exit the defined space by 10:30 p.m. • Event security will assist the Police Department in clearing the event at closing time. The closing time should be prominently displayed throughout so there is no confusion at the end of the evening when patrons are asked to leave. • For events, applicants will be required to hire uniformed police officers to supplement their security staff as required by the Police Department. Monitoring of those consuming alcohol will be done by event coordinators and the Hopkins Police Officers who have been hired to assist with the oversight of the event. 5.23 Outdoor Music. No outdoor music or amplified sound is allowed during the hours of 10 p.m. and 7 a.m. The Police Chief or designee has the ability to direct the event manager to control the level of noise and/or terminate the event at any time. Any plans for outdoor music or amplified sound must be described in the Special Event Permit Application. 5.24 Outdoor Tents. Applications must be submitted for any tent permits exceeding 200 square feet. Erection of tents, canopies, or similar structures is allowed; however, the applicant cannot drive stakes, nails, screws, posts, or otherwise disturb either paved or unpaved surfaces within the right of way to secure such features. 5.25 Variances. The applicant shall provide in writing the condition or conditions that are requested to be modified, the modification that is request, and the factors that the City Manager or designee should consider when determining the modification. Variance requests must be submitted with the Special Event Permit application. Approval of a variance does not require the City to approve similar variances or even the repeat of the same event. Each variance will be reviewed separately. 5.26 Termination: The applicant may terminate this agreement at will by giving 14 days written notice to the City. If less than 24 hours’ notice is given to cancel an event that required contracted work, staff will be compensated for a 2-hour minimum charge. City staff has the authority to cancel or stop an event, or place additional restrictions on the event, if it is deemed that the public health, safety or welfare would be better served with additional restrictions. 5.27 City staff may place any additional requirements on any event. These requirements may include specific staff levels for Police, Fire, Public Works or other personnel. Expenses will be billed to the sponsoring organization under the terms of this policy. Established: 5/19/88 Revised: 11/16/93 Revised: 01/19/16 Revised: 03/06/18 Revised: 01/02/2024 City of Hopkins POLICY 5-I SIDEWALK CAFÉ POLICY 1. PURPOSE AND GOALS 1.01 Outdoor café seating for businesses provides multiple benefits to the City. The Goals of the Sidewalk Café program are to do the following: • Support Local Business – Outdoor seating attracts the attention of pedestrians and increases their stay. Not only does outdoor seating promote the adjacent business, but increases other businesses’ visibility when customers choose to be seated outside. • Continue City’s Art Culture – It fosters a creative and innovative spirit that furthers the identity of the area as an Art destination and city. • Encourage Human Interaction – The aesthetically pleasing and nontraditional setting provides an additional option where pedestrians can relax, enjoy, and interact with their fellow community members. • Create Public Space on Mainstreet – By repurposing city on-street parking spaces into outdoor seating, it addresses the need for additional public space. It promotes and reinvents new views on the urban landscape. • Encourage walking – Outdoor seating encourages more pedestrian activity by livening up the street, creating more things to look at, and making the businesses appear more active. 2. PERMIT REQUIRED 2.01 Any qualifying business wishing to add a Sidewalk Café must obtain a Sidewalk Café Permit. To qualify for a Sidewalk Café, the business shall not have private opportunities for outdoor seating in the front of building or street side. 2.02 Applications for the Sidewalk Café Permit will be available at the City Clerk’s office, and if approved, shall become part of the permit. Incomplete applications will be returned. 2.03 The permit fee shall accompany the application. 2.04 The permit is only valid from May 1 through October 15. The City reserves the right to change the permitted dates based upon emergency or weather related conditions. 2.05 Applicants are required to apply each year for a new permit. 2.06 Starting in 2017, Applicants will be eligible to apply for a renewal permit if there are not significant changes to the original application submittal. 2.07 Approval of the Sidewalk Café Permit does not indicate approval of a business license, liquor license, or other required licenses or permits. 3. PERMIT REVIEW PROCESS 3.01 Qualifying business submits a Special Event Permit Application. The application includes the following: a. City of Hopkins Application Form b. Certificate of Liability Insurance c. Proof of Workers Compensation Insurance Form d. Site Plan 1. A drawing showing the layout and dimensions of the existing sidewalk area and adjacent property, existing utilities, including fire hydrants, and public improvements such as benches, trash receptacles and landscaping, and the proposed location, size and number of tables, chairs, planters, umbrellas or other objects related to the sidewalk café, location of doorways and the pedestrian circulation path. 2. Photographs, drawings or manufacture’s brochures fully describing the appearance of all proposed building materials, tables, chairs, umbrellas, trash receptacles, exterior lighting, portable heaters or other objects related to the sidewalk café. 3. Lighting Plan. 4. Landscaping Plan. 3.02 Application is submitted to City Clerk and reviewed by: a. Planning and Economic Development Department b. Public Works c. City Engineer d. Police Department e. Fire Department f. City Manager 3.03 The Permit is administratively approved subject to conditions as approved in this policy. Any significant changes to these conditions will require review and approval by the City Council. 3.04 An inspection and final approval by Public Works. 4. PUBLIC OUTREACH 4.01 Applicant must notify businesses immediately adjacent to the proposed Sidewalk Cafe area. Notification must include a layout and duration for the outdoor seating. 4.02 Additional outreach to business associations and/or neighborhood associations may also be required. 5. CONDITIONS OF APPROVAL 5.01 Site Specifications: • Sidewalk Cafes are limited to restaurants and brewpubs between 7th Avenue and 13th Avenue. Business must either front Mainstreet or front a right of way located within half block from Mainstreet. To qualify for a Sidewalk Café, the business shall not have private opportunities for outdoor seating on Mainstreet. • Sidewalk Cafe area shall be limited to the public right of way abutting the business to which it is attached. • Sidewalk Cafe may not block access to a bus stop. • Sidewalk Cafe must be located at least 20 feet from any fire hydrants. • Sidewalk Cafe must not block site lines at intersections as determined by the City Engineer. • The City maintains the right to review and make final determination as to whether or not a Sidewalk Café would be allowed based on the unique circumstances related to each business. Factors that will be considered would include, but not be limited to, public safety, location, impacts to vehicular and pedestrian traffic circulation, and impacts to parking. 5.02 Design Specifications: • If the operating business serves alcoholic beverages, a decorative barrier or railing between 32 and 42 inches in height is required around the sidewalk café area. Treated lumber is not an acceptable building material. • Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. • Annual/perennial flowers shall be used to enhance the streetscape aesthetics • Canopies/umbrellas shall be used for sun protection • Sidewalk Café area must meet ADA (American Disability Act) requirements • Design consideration must include architectural and characteristics of area • No commercial signage may be placed on the sidewalk café area, only directional signage. • A minimum clear passage zone for pedestrians of at least five feet shall be maintained at all times. • Umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum head clearance of seven feet. • If a temporary walkway structure that bumps out into the roadway is used: o The structure shall be constructed of metal or composite material or other weather resistant, long lasting, high quality material. Treated lumber is not an acceptable building material. o Maximum width shall not exceed 8 feet o Maximum length shall not exceed 40 feet, or the length of the frontage of the business to which it is attached, whichever is smaller. o No supports or brackets may extend onto the walkway where they might cause tripping hazards or otherwise interfere with people using the walkway. o Decorative barriers between 36 inches and 42 inches in height are required separating the pedestrian walkway from the roadway. o Reflective bollards or strips must be located at either end of any portion of the structure located within the roadway and be affixed and incorporated into the structure. o Directional signage shall be used to assist pedestrians in utilizing the walkway. o Surface of structure must be leveled with sidewalk surface (up to 1/4 clearance). o No more than a ½ inch gap between the structure and curb is permitted. o Structure may not impede water flow and drainage. 5.03 Management Specifications: • A minimum clear passage zone for pedestrians of at least five feet shall be maintained at all times. The exits from the walkways must be clear at all times. Signs, chairs, etc. shall not be placed so as to interfere with pedestrians exiting the walkways in order to continue on the City sidewalk. • The furniture associated with the Sidewalk Café shall be moveable, washable, constructed of metal or composite or other high quality material, and maintained in a safe and sanitary condition. • The Sidewalk Café area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. • Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk that is outside of the Sidewalk Café area. • The Sidewalk Café area must be included in the required liquor liability insurance for the premises. • Hours of operation of the Sidewalk Café shall be limited to between 10:00 am and 11:00 pm. • Permitee shall not allow smoking within the Sidewalk Café area. • Alcoholic beverages may only be brought into the Sidewalk Café area by a server. • Permitee shall pick up litter within 100 feet of the Sidewalk Cafe area on a daily basis. Appropriate receptacles for rubbish, garbage, etc. must be provided. • The Sidewalk Café area must be free of debris, litter, and soil surrounding and underneath any structure platform. • No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the Sidewalk Café area. 6. ADDITIONAL REQUIREMENTS 6.01 Insurance. Applicant must provide the City with a Certificate of Insurance showing proof of general liability insurance, automobile liability insurance (if applicable) and liquor liability insurance (if applicable) meeting the following minimum requirements: • Applicant shall procure and maintain for the duration of the permit commercial general liability insurance 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 alcohol will be sold or served, Applicant must have liquor liability (dram shop) insurance in the minimum amount of $1,000,000 per occurrence. • 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 permit. 6.02 Claims. Applicant 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. 6.03 Damages. Applicant will indemnify the City for all damages that may result to City property as a result of an event. 6.04 The City reserves the right to request at any time that the structure be removed for any utility work that needs to be performed in the City right-of-way. Additionally, the City may require the permit holder to remove the structure for emergency purposes or as deemed necessary. Established: 02/21/2017 City of Hopkins 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. Established: 2/29/2016 City of Hopkins Legislative Policy Manual 1 POLICY 5-K ALCOHOL/SECURITY/CONDUCT POLICY CITY FACILITIES 1. PURPOSE 1.01 The purpose of this policy is to set forth procedures to be followed by organizers of events who wish to use city facilities and serve alcoholic beverages. This policy does not include city park shelters where permits are obtained through the City of Minnetonka Recreation Department. 2. REGULATIONS AND PROCEDURES 2.01 Alcoholic beverages may be served at activities and events held at city facilities according to the following guidelines: 1. The consumption of alcoholic beverages is allowed in the facility in designated areas according to the procedures and guidelines of facility and any applicable laws. In accordance with the City Liquor Ordinance, the serving of intoxicating beverages is restricted to those individuals, companies or organizations that are granted an ‘On-Sale License on Public Premises’ by the City of Hopkins. A list of authorized liquor providers who are granted the proper license to serve intoxicating beverages in city facilities is available. Renters may choose from the list of liquor providers only. It is mandatory that renters purchase the alcohol beverage from the liquor provider chosen and have the provider serve the beverage as well. Non-profit organizations that obtain a Temporary Liquor License from the Commissioner at the MN Department of Public Safety are allowed to serve alcohol at City facilities. Private renters are not allowed to bring in and/or serve their own alcohol. 2. If the renting organization/individual would like to serve alcohol, they are required to hire the services of an authorized liquor provider licensed by the City of Hopkins. 3. All renting organizations/individuals distributing and/or consuming alcohol in the facility must comply with and abide by all Federal, State and Municipal laws and ordinances. 4. The renting organization/individual shall be responsible for reimbursing the City for any security provided. a. Events that serve alcohol may be required to have security personnel present during a portion of the event to be decided by the City of Hopkins. City facility staff, in conjunction with the Hopkins Police Department, arrange security and the fee is itemized on the facility use permit or contract received by the renter. 5. Alcohol must stay inside the facility. No alcohol is allowed outside. The renting organization/individual will be responsible for making sure its guest follow this policy. All containers used for consumption must also remain in the defined space. Established: 2/21/2017 City of Hopkins