CR 10-018 Mobile Food VendorsFebruary 16, 2010 Council Report 2010 -018
MOBILE FOOD VENDORS
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 2010 -1014 for first reading.
Adoption of this motion will begin the process of amending Section 600 of the Hopkins City Code to
establish licensing requirements for mobile food vendors.
Overview
In 2009 the City was approached by Rocky Marlow with the request that he be allowed to place a hot dog
stand in the Clock Tower Plaza. Hopkins does not have an ordinance which covers the licensing of mobile
food carts. Since Mr. Marlow's request involved City property, staff was able to establish criteria for a
mobile food vendor through the use of a property use agreement. When the City Council approved the use
agreement, it was with the understanding that a licensing procedure would be established should the City
wish to continue to allow mobile food vendors in the future.
The City's experience with Rocky's Weiner Wagon was positive. Rocky Marlow has stated that he would
like to operate in 2010. Staff received only positive comments about his operation. Staff is therefore
recommending that the City Council adopt Ordinance 2010 -1014 which would establish licensing
procedures for mobile food vendors.
Primary Issues to Consider
• What are the minimum requirements for acquiring a mobile food vendor license?
• What additional restrictions are being placed on these activities?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 2010 -1014
• Property Use Agreement
-/Z. d &A
es A. Genellie
Assistant City Manager
Council Report 2010 -018
Page 2
Analysis of Issues
What are the minimum requirements for acquiring a mobile food vendor license?
Staff proposes that the ordinance licensing mobile food vendors would, at a minimum, require:
• Mobile food vendors obtain a Minnesota Department of Health food license and comply at all times
with the applicable health codes and regulations. The mobile food cart must comply with the
requirements of MN Rules 4626.
• Mobile food vendors maintain a permanent location within the City of Hopkins for the storage of
food and beverages carried by the lessee's cart, and for the cleaning and servicing of that cart. Such
permanent location must comply in all respects with the requirements of Section 600 of the Hopkins
City Code, and have at least a Level Three food license. The cart must return to the permanent
location at least once daily for cleaning and servicing.
• Each licensee shall provide proof of liability insurance in the amount of one hundred thousand dollars
($100,000.00) for individuals, three hundred thousand dollars ($300,000.00) for any single incident
and ten thousand dollars ($10,000.00) for property damage. The city must be named an additional
insured.
What additional restrictions are being placed on these activities?
Mobile food vendors would be limited to locating on public property in the downtown area. Due to the
uncertainty surrounding how much regulation and oversight would be necessary for this activity; staff is
recommending that a limit of three mobile food vendors be issued each year.
Alternatives
1. Adopt Ordinance number 2010 -1014 for first reading.
2. Do not adopt Ordinance number 2010 -1014.
Staff recommends Alternative #1.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2010 -1014
AN ORDINANCE AMENDING
SECTION 600 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 600.49 Subdivision 1 be amended by
adding the following:
j) Mobile Food Cart
1) Mobile food cart shall mean a food establishment authorized
and operated according to the standards and conditions set forth
in section 600.67 of this Code. Mobile food carts are exempt
from the provisions of Section 1145 of the Hopkins City Code.
Section 2. That Section 600 be amended by adding the following:
600.67. Mobile food cart vendors. A maximum of three licenses
per year may be issued pursuant to section 600 for mobile food
cart vendors for the sale of specified food and beverage items
from mobile pushcarts on public property, which shall be
operated and conducted in accordance with the following
conditions:
(1) Each mobile food cart shall be separately licensed and may
operate only at the location specified in the license,
except as permitted in subsection (20). No licensee may
trade carts or locations with another licensee; however,
should a licensee apply for and be granted a different
location for a cart during the licensing year and chooses
to surrender the original location for that cart, the fee
for such midseason cart location transfer shall be the fee
indicated in section 188.250 of this Code for transfer
alone.
(2) Application procedure:
a. Each applicant shall file an application with the City
Clerk on forms provided by the Clerk. In addition to the
requirements of section 600 of this Code, the City Clerk
may require such information on the application as the
Clerk considers reasonable and necessary.
b. No application for a license shall be accepted for
filing unless the applicant files therewith plans and
specifications for the cart which have been approved by the
Environmental Health Officer. Provided, however, that if
the cart is not ready and available for inspection sixty
(60) days after the application is filed, the applicant's
proposed operating location shall be available to other
applicants, and the applicant shall be required to select a
new location.
A single applicant, for the purposes of this section, shall
mean an individual person, or any member of that person's
immediate family and shall also include a corporation and
any corporation with substantially the same ownership or
ownership by persons of the immediate family of the
stockholders of that corporation or partnership.
C. Each applicant shall include in the application a
proposed operating location. The proposed location shall be
referred to the director of public works for the approval
or disapproval. The director of public works shall not
approve a location where a mobile food cart would
substantially impair the movement of pedestrians or
vehicles, or pose a hazard to public safety. Further, the
director of public works shall not approve any location
which is adjacent to a bus stop, taxi stand, or handicap
loading zone, within fifty (50) feet of an intersection,
within three (3) feet of a curb, or directly in front of a
commercial entryway. If the applicant's proposed location
is disapproved, the applicant shall be so notified, and the
applicant may select an alternate location, which shall
also be referred to the director of public works for
approval or disapproval. A holder of a valid license for
the previous license year may renew that license and
thereby reserve that location for another license year. Any
license not renewed by April fifteenth shall cause that
location to become available to other applicants. Licenses
may be renewed between April first and April fifteenth by
the payment of a late fee in addition to the license fee.
All licensees shall be notified of the availability of
locations which have been vacated or for which licenses
have not been renewed. The notification shall include a due
date for applicants for these locations and a date upon
which a lottery will be held to choose among multiple
applicants.
(3) All mobile food cart food vendor licenses shall expire on
April first of each year subject to renewal year to year
thereafter.
(4) No mobile food cart shall have dimensions exceeding four
(4) feet in width, eight (8) feet in length and eight (8)
feet in height. However, a cart may be equipped with an
awning which overhangs by not more than twelve (12) inches
in any direction. Each mobile food cart shall be self -
propelled and capable of being moved and kept under
control by one (1) person traveling on foot. A special
license may be granted to a handicapped person to operate
a mobile food cart propelled by electric motor, provided
that the applicant shall meet all other conditions for a
license.
(5) Location restrictions:
a. Mobile food cart food vendors may operate only within
the downtown district defined as the south side of First
Street North to north side of First Street South; the west
side of 6th Avenue to the east side of 13th Avenue.
b. A mobile food cart food vendor licensed under this
section may operate only on publicly owned property, within
the boundaries described in subparagraph (1) above, with
the approval of the director of public works.
C. Mobile food cart vendors must enter into a Property
Use Agreement with the City of Hopkins prior to operation.
(6) A mobile food cart food vendor license shall not be
transferable from person to person or from place to place
without approval of the City Manager or his or her
designee.
(7) Every licensee shall maintain a permanent location within
the City of Hopkins for the storage and preparation of
food and beverages carried by the licensee's mobile food
carts, and for the cleaning and servicing of those carts.
Such permanent location shall possess a Level Three
Hopkins food license and comply in all respects with the
requirements of the Food and Beverage Ordinances. Each
mobile food cart shall return to the permanent location at
least once daily for cleaning and servicing.
(8) Each mobile food cart shall meet National Sanitation
Foundation (NSF) standards for food storage, preparation
and dispensing. Toilet facilities shall be required at the
permanent location but not on each cart.
(9) Each cart shall carry adequate hand - washing facilities for
the employees of the licensee. A waste retention tank with
fifteen (15) percent larger capacity than water supply
tank shall be provided.
(10) All waste liquids, garbage, litter and refuse shall be
kept in leakproof, nonabsorbent containers which shall be
kept covered with tight- fitting lids and properly disposed
of at the permanent location. No waste liquids, garbage,
litter or refuse shall be dumped or drained into
sidewalks, streets, gutters, drains, trash receptacles or
any other place except at the permanent location. When
leaving the sales area the licensee or his employees shall
pick up all litter resulting from his business and shall
deposit such litter in an approved container located on
his cart.
(l 1) The Environmental Health Officer shall publish, and may
from time to time amend, a list of approved food and
beverage items which may be sold by mobile food cart food
vendors. No items of any kind, other than approved food
and beverage items, shall be sold or dispensed from mobile
food carts.
(12) There shall be issued to each licensee a suitable decal
for each licensed pushcart. Every pushcart licensed under
this chapter shall at all times have the decal permanently
and prominently fastened on the pushcart.
(13) Affixed permanently and prominently to each pushcart shall
be a sign no smaller than twelve (12) inches by twelve
(12) inches displaying the name, address and telephone
number of the pushcart owner.
(14) Each licensee shall provide proof of liability insurance
in the amount of one hundred thousand dollars
($100,000.00) for individuals, three hundred thousand
dollars ($300,000.00) for any single incident and ten
thousand dollars ($10,000.00) for property damage. A
certificate of insurance shall be delivered to the City
Clerk prior to issuance of a license. The city shall be
named an additional insured.
(15) No mobile food cart operator shall use lights or
noisemakers, such as bells, horns or whistles, to attract
customers. A mobile food cart operator may use battery -
operated lights with protective shielding for the purpose
of illuminating food and utensils.
(16) No mobile food cart shall operate before 7:00 a.m. or
after 11:00 p.m. on any day.
(17) No mobile food cart shall operate, park, stand or stop in
any street or alley except to cross at designated street
crossings.
(18) The city council shall establish a reasonable fee, not to
exceed two hundred fifty dollars ($250.00) per year, to be
charged to each mobile food cart food vendor, to defray
the cost of cleanup and maintenance and other policing in
connection with the operation of the food cart.
(19) Any mobile food cart operator who shall fail to operate at
any licensed location for thirty (30) consecutive days
between May first and October first shall forfeit that
location. The City Clerk shall notify all licensees of the
vacation of said location and shall set a date for a
lottery, if necessary, to choose among multiple
applicants.
Section 3. The effective date of this ordinance shall be the
date of publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
February 16, 2010
March 2, 2010
March 11, 2010
March 11, 2010
Gene Maxwell, Mayor
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
PROPERTY USE AGREEMENT
This Agreement is made between the City of Hopkins, (hereinafter "City") and
(hereinafter "Lessee ")
The City owns property located at
The Lessee desires to secure certain space in the City Property to operate a Mobile Food Cart
Now, therefore, in consideration of the mutual covenant herein, the parties agree as follows:
1. EXCLUSIVE RIGHT. The City hereby grants Lessee a non exclusive permit to use the City Property subject to
the terms and conditions of this agreement. The City Property shall be, at all times, accessible to the public. The City
shall have the right to determine where on the City Property Lessee may operate.
2. RENT. The rent for the use of the City Property shall be $250.00 for the term stated in paragraph 8, payable upon
execution of this agreement.
3. OPERATIONS:
1. The Lessee shall obtain a Minnesota Department of Health food license and shall comply at all times with
the applicable health codes and regulations. The mobile food cart shall comply with the requirements of
City Code, Section 600 and MN Rules 4626.
2. The Lessee shall keep the immediate area clean and comply with any specific directions from the City with
respect to clean up. The Lessee shall fully restore and repair any damage to the City Property or
improvements thereon caused by the Lessee or the Lessee's employees or agents.
3. The lessee may conduct his business on the following days between the hours of
except for the following days:
4. UTILITIES. The Lessee shall not use any City utilities.
5. INDEMNIFICATION. By signing this agreement, the Lessee agrees to RELEASE AND DISCHARGE the City
and their agents and employees, from liability for injuries or damages, including any losses caused by the negligence
or strict liability of the released parties. The Lessee agrees not to sue or make claim against those agencies and
agrees to defend, hold harmless and indemnify the City from all claims losses, actions and suits that may be brought
as a result of use of the City Property.
6. ASSIGNMENT AND SUBLEASE. The Lessee will not assign this contract or sublet any portion of the contract
without consent in writing from the City.
7. TERMINATION. Either party many terminate this agreement at will by giving 14 days written notice to the other
party.
8. TERM. The term of this agreement shall be from to
9. NOTICES. All notices shall be given by I' class U.S. mail or by personal delivery to the following addresses:
City: Ci!y of Hopkins 1010 V St S Hopkins MN 55343 Lessee:
Mailed notices are effective one business day after the date of mailing.
FOR THE CITY OF HOPKINS; FOR THE LESSEE;
Eugene J. Maxwell, Mayor DATE DATE
Rick Getschow, City Manager DATE
DATE