II.2. Legislative Policy Amendment Discussion – Mobile Food Units and Sidewalk Cafes; Krzos
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CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Ryan Krzos, City Planner
Date: April 8, 2025
Subject: Legislative Policy Amendment Discussion – Mobile Food Units and
Sidewalk Cafes
_____________________________________________________________________
PURPOSE
Staff requests input on two potential changes to the City’s Legislative Policies. The first
would allow for long-term operation of mobile food units (food trucks) on private property
along the Artery (8th Avenue). A second change would expand the eligible area for
sidewalk cafés.
INFORMATION
Policy 5-J - Mobile Food Units
Mobile food units include food trucks/trailers. The attached current policy establishes
a registration requirement and provides operational requirements and performance
standards. A number of the operational requirements and performance standards
have the effect of limiting the time a mobile food unit may locate on any one location.
LTD Brewing submitted a request for reconsideration of this policy – see attached
letter. As noted, LTD is looking for ways to provide food offerings for patrons, and a
permanent food truck as a preferred option. In discussion with LTD about how the
food unit would serve the business; staff recognized the ability to further activate the
Artery in LTD’s circumstance. Specifically, staff’s preferred location for the food unit
would be near the sidewalk allowing Artery users direct access.
At Its inception, the Artery was envisioned as hosting pedestrian-scale uses and
activities to foster seductive connections between the Downtown Light Rail Transit
Station, Downtown Hopkins, and regional trails. Staff believes the changes to the
food unit policy could be a way to further this vision of the artery.
Proposed Changes:
• Create new provisions for food units on private property along the artery.
Planning & Development
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• Exempt said food units from the limitation of operating for no more than 12
days.
• Require that the food units be supplied with electricity via private service –
use of a generator would be prohibited for long-term use.
o Since the units would be more permanent, stricter restrictions on noise
would be expected in exchange.
• Allow the food unit to remain at the location outside of operational hours.
Staff encouraged LTD to reach out to other Mainstreet property owners for
discussion on their intentions. LTD reported that they received positive feedback
from those conversations.
Policy 5-E - Sidewalk Cafes
Sidewalk cafes are outdoor seating areas for restaurants and brewpubs along
Mainstreet between 7th Avenue and 13th Avenue . Per the attached policy, a permit
is required for those businesses, and they must either front Mainstreet or front a
right-of-way located within half block from Mainstreet.
The City received a request from a Mainstreet property owner, to expand the eligible
area to the west. The policy has geographical limitations since sidewalk cafes
typically involve utilizing on-street parking area for expanded pedestrian access.
Parking is generally more limited west of 13th Avenue, thus the policy did not expend
into this area. However, staff generally finds that the sidewalk cafes achieve the
goals of activating the street without significant negative on overall parking supply.
Input Requested
Staff is looking for input on whether to expand the allowed duration for food trucks and
the eligible area for the sidewalk café program, as well as any other changes to the
policies that will meet the goals of downtown activation and enhanced pedestrian
experience.
FUTURE ACTION
If directed by the Council, Staff will prepare the policy amendments for formal approval
at an upcoming regular meeting.
3/18/2025
City of Hopkins
City Hall
1010 1st Street South
Hopkins, MN 55343
To Whom it May Concern,
Blake Verdon & Jermey Hale
Owners & Brewers
LTD Brewing Co.
725 Mainstreet
Hopkins, MN 55343
We are writing to the City of Hopkins to formally request a change to the current mobile food unit policy to allow year-
round sales along the Artery. We would use this change in code to add a mobile unit on our property facing the artery. We
are requesting this change to help navigate the challenging landscape facing LTD Brewing and provide a viable quick food
option for people using the artery.
The microbrewing industry is currently going through a shift in consumer preferences and spending. Millennials that drove
the initial growth are drinking less as their priorities shift to family life and Gen Z simply doesn't consume the same amount
of craft beer to replace the loss of demand. Combined with the legalization of THC based beverages/products and significant
increases In our COGS post covid {leading to significant increases in our pricing) our business & market are in a rather
difficult spot.
Since our inception, we have received constant customer feedback expressing the desire to have a food option onsite. While
we have strongly encouraged our customers to order take out from local restaurants, the feedback remains the same -they
want a food option at the brewery. We have also seen a successful shift for similar breweries to LTD with a brew pub (food)
model. Unfortunately, due to already limited seating in our taproom and no option to expand our space as our neighboring
tenants have no desire/ability to give up more space, we simply don't have the space inside the brewery to add a kitchen.
Our only option left is a mobile unit to address the need to add a small limited menu kitchen.
Adding a mobile food unit to LTD would also provide the public with a quick order and go food option while using the Artery,
which is something not currently present.
We believe this will have minimal impact to neighboring businesses as we will continue to only sell our beer onsite (no wine,
no liquor) and would have a significantly reduced menu compared to other restaurants in Hopkins. The food trailer would be
fully licensed by the Department of Health.
Sincerely,
Owner
Jeremy Hale
Owner
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 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. REGISTRATION REQUIRED
3.01 Any qualifying mobile food unit vendor wishing to conduct sales in Hopkins must
register with the City Clerk. A Mobile Food Unit Permit allows operations in the City for
up to 12 days of each calendar year. A qualifying vendor must provide proof of
Department of Health Licensing upon request. Vendors must follow all Department of
Health Licensing regulations.
4. SALES TO PUBLIC 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. Permission required by the City.
4.03 Mobile food unit operator must work with City staff to register for event.
4.04 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.
4.05 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 property/business owner must register the mobile food unit
with the City Clerk.
5.02 Only one mobile food unit is allowed per event unless part of a Special Event Permit.
6. SALES TO THE PUBLIC ON RESIDENTIAL PROPERTY
6.01 Mobile food units are not 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 No overnight parking of a mobile food unit on residential property is allowed.
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. Pre-
approved festivals and community events are listed in the Special Event Policy 5-D.
8.02 There shall be no limit on the number of mobile food units allowed per event.
9. SALES TO EMPLOYEES ON PRIVATE PROPERTY
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 12 days per calendar year.
10.02 No mobile food unit sales or operations between 10:00 p.m. and 7:00 a.m.
10.03 Mobile food units cannot locate within 300' from the perimeter of any preapproved
festival, sporting event or civic event unless a license is issued to be part of the festival or
event.
10.04 Operators must clean around their unit at the end of each day.
10.05 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.
10.06 Units must be kept in good repair and have a neat appearance.
10.07 Proof of the Department of Health Licensing must be provided upon request.
10.08 Units must follow all Department of Health Licensing regulations.
10.09 A mobile food unit must dispose of its gray water daily. Gray water may not be drained
into City storm water drains.
10.10 Liquids from a mobile food unit cannot be drained onto public property.
10.11 Electrical cords and hookups to public utilities are not permitted.
10.12 The mobile food unit may have a maximum bumper to bumper length of no more than 30
feet.
10.13 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.
10.14 A mobile food unit licensee must comply with all laws, ordinances, regulations, parking
zones and posted signs.
10.15 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.
10.16 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.
10.17 Units cannot be left unattended nor remain at an authorized operation location
outside allowed hours of operation.
10.18 The unit shall not have a drive-thru.
10.19 Building permit required if customers enter trailer during the conduct of business.
10.20 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.
10.21 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.
10.22 Registrants agree 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.
10.23 Registrants will indemnify the City for all damage that may result to City property as a
result of an event.
Established: 2/29/2016
Revised: 2/4/2020
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