2010-1014 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 2 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 food carts 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. 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, a new license fee shall not be
charged but a new Property Use Agreement must be entered
into.with the City of Hopkins prior to operation.
(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. 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.
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. If the holder of a valid license
for the previous license year timely renews that license
for the following license year, the license holder may
reserve the location for the new 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, but may be renewed 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 the licensee's
employees shall pick up all litter resulting from the
licensee's business and shall deposit such litter in an
approved container located on the cart.
(11) 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: February 16, 2010
Second Reading: March 2, 2010
Date of Publication: March 11, 2010
Date Ordinance Takes Effect: March 11, 2010
i
Gene Maxwell, Mayor
ATTE
Terry Wermaler, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Cit Attorn y Signature Date