HomeMy WebLinkAboutOrdinance - 15-2015 - Amending City Code Section 5.76 Relating to Mobile Food Vendors - 11/26/2015 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 15-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.76 RELATING TO
MOBILE FOOD VENDORS; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 is amended by inserting a new Section 5.76 which reads as
follows:
SECTION 5.76. MOBILE FOOD VENDORS.
Subd. 1. Purpose. It is the purpose of this Section to protect the public health, safety and
welfare through the regulation of mobile food vendors.
Subd. 2. Definitions. When used in this Section, the following terms have the following
meanings:
A. "City Manager" means the City Manager and his or her designee.
B. "Food and beverage service establishment" means a building, structure, enclosure, or any
part of a building, structure, or enclosure used as, maintained as, advertised as, or held
out to be an operation that prepares, serves, or otherwise provides food or beverages, or
both, for human consumption.
C. "Food stand" means all of the following:
1. "Food cart" means a food and beverage service establishment that is a
nonmotorized vehicle self-propelled by the operator.
2. "Mobile food unit" means a food and beverage service establishment that is a
vehicle mounted unit, either motorized or trailered.
3. "Seasonal permanent food stand" means a food and beverage service
establishment which is a permanent food service stand or building, but which
operates no more than 21 days annually.
4. "Seasonal temporary food stand" means a food and beverage service
establishment that is a food stand which is disassembled and moved from location
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to location, but which operates for no more than 21 days annually at any one
location.
D. "Location" means for purposes of this Section, one unit of a recorded plat, subdivision, or
registered land survey, or a recorded parcel described by metes and bounds.
E. "Special event food stand" means a food and beverage service establishment which is
used in conjunction with special events, and which operates no more than three times
annually for no more than ten total days at all locations within the City.
F. "Special events" means weddings, anniversary parties, birthday parties, employee parties,
graduation parties and other similar events.
Subd. 3. Regulations. All food stands and special event food stands shall comply with the
following:
A. State License. All food stands and special event food stands shall hold a valid license
from the Minnesota Department of Health or Hennepin County Health as applicable and
post such license in the food stand or special event food stand.
B. Mobile Food Unit. Mobile food units may operate no more than 21 days annually at any
location unless operated by a permanent business located in the City of Eden Prairie or an
affiliate of such business, licensed under Minnesota Statutes Chapter 157 or Chapter 28A,
and readily movable, without disassembling, for transport to another location.
C. Locations. All food stands and special event food stands shall operate only in the
following locations:
1. Food stands may operate only in the office zoning district set forth in City Code
Section 11.20, the industrial zoning district set forth in City Code Section 11.30, and
the rural zoning district set forth in City Code Section 11.10.
2. Except as provided otherwise below and subject to the restrictions below, special
event food stands may operate in any zoning district.
D. Hours. All food stands and special event food stands shall operate only during the
following hours:
1. Food stands may operate only between the hours of 6 a.m. and 12 a.m. (midnight).
2. Special event food stands may operate only between the hours of 6 a.m. and 12 a.m.
(midnight) except within residential zoning districts, including TOD-R, where the
hours of operation shall be between 7 a.m. and 10 p.m.
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E. Written Permission. All food stands and special event food stands shall operate on
private property only with written consent from the person who owns or controls the
property.
F. Public Property. Food stands and special event food stands shall not operate on public
streets or public right-of-ways. Food stands and special event food stands may operate in
City parks only with written approval from the City Parks and Recreation Director.
G. Storage. All food stands and special event food stands shall be stored in compliance with
all regulations relating to storage in the applicable zoning district.
H. Gray Water. All food stands and special event food stands shall dispose of gray water
daily. Gray water may not be drained into City storm water drains.
I. Size. All food stands and special event food stands shall have a maximum length of no
more than 30 feet.
J. Signs. All food stands and special event food stands shall display all signs in compliance
with the requirements of the City Code.
K. Fire Extinguishers. All food stands and special event food stands shall have at least one
2A:20BC fire extinguisher in the stand. If deep frying occurs in the stand, then the stand
must have at least one Class K fire extinguisher in the stand. Each fire extinguisher must
display an inspection tag dated within the past 12 months.
L. Laws. All food stands and special event food stands shall comply with all applicable
federal, state and local laws, ordinances, regulations, parking zones, and posted signs.
M. Power. All food stands and special event food stands shall provide a power supply that
meets all Federal, State and Local regulations.
N. Propane. All food stands and special event food stands shall secure all propane tanks and
provide adequate ventilation.
O. Precautions. All food stands and special event food stands shall take all precautions
necessary to protect the public against injury.
P. Indemnification. All food stands and special event food stands shall defend, indemnify
and save the City, its officials, agents and employees, harmless from and against all
liabilities, losses, damages and claims of damages (including all reasonable costs,
attorneys' fees, and other expenses incident thereto) suffered or incurred by the City, its
officials, agents and employees, that may arise by reason of any act or omission on the
part of the operator, its agents, or independent contractors, while engaged in operations
under this Section.
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Q. Insurance. All food stands and special event food stands shall maintain all insurance
required under this subdivision, covering all vehicles, structures, food stands and special
event food stands used and all operations performed under this Section. All food stands
and special event food stands shall maintain evidence of such insurance in the food stand
and/or special event food stand and present such insurance on request by the City.
1. The insurance required herein shall be issued by insurers duly licensed to do
business within the State of Minnesota, be in force and effect on the dates of
operation and provide the following coverages:
a. commercial general liability insurance, with a limit of not less than one
million dollars ($1,000,000.00) each occurrence. If such insurance
contains an annual aggregate limit, the annual aggregate limit shall be not
less than two million dollars ($2,000,000.00);
b. automobile liability insurance with a limit of not less than $2,000,000
combined single limit. The insurance shall cover liability arising out of
any auto, including owned, hired, and non-owned vehicles;
c. food products liability insurance, with a limit of not less than one million
dollars ($1,000,000.00) each occurrence;
d. public liability insurance, with a limit of not less than one million dollars
($1,000,000.00) each occurrence;
e. property damage insurance, with a limit of not less than one million
dollars ($1,000,000.00) each occurrence; and
f. workers' compensation insurance (statutory limits) or evidence of
exemption from state law.
2. Such insurance policy or policies shall provide contractual liability insurance,
specifically referring to and covering the obligation to defend, indemnify and save
harmless the City, its officials, agents and employees from alleged claims or
causes of action for bodily injury or property damage as provided in this Section
5.76.
3. Said policy or policies shall contain an endorsement as follows: "The policy to
which this endorsement is attached is intended to comply with and furnish the
coverages required by Section 5.76 of the City Code of the City of Eden Prairie. If
anything in any other attachment, endorsement or rider conflicts with the
provisions of said Section 5.76, then the provisions of said Section 5.76 shall
prevail. Any deductible amount provided for in any part of the policy will be paid
by the insurer upon establishment of legal liability of any insured, and the insurer
shall be entitled to reimbursement from the insured for such deductible amount."
Subd. 4. Violations and Penalties.
A. Misdemeanor. A person who commits or attempts to commit, conspires to commit or
aids or abets in the commission of an act constituting a violation of this Section, whether
individually or in connection with one or more other persons or as principal, agent, or
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accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or
willfully induces, causes, coerces, permits or directs another to violate a provision of
Section is guilty of a misdemeanor.
B. Public Nuisance. Any condition caused or permitted to exist in violation of any of the
provisions of this Section is a threat to public health, safety, and welfare, and is declared
and deemed a public nuisance. The City may exercise any remedy available at law or in
equity to abate, enjoin, or otherwise compel the cessation of such nuisance and shall be
entitled to recovers its costs and expenses, including reasonable attorney fees, so
incurred.
C. Remedies not Exclusive. The remedies listed in this Section are not exclusive of any
other remedies available under any applicable federal, state or local law and it is within
the discretion of the city to seek cumulative remedies. The City may recover all attorney's
fees court costs and other expenses associated with enforcement of this Section.
Subd. 5. Severability. If any provision of this Section is found to be invalid for any reason by a
court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
20`" day of October, 2015 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 17t" day of November, 2015.
Ka Teen Porta, City Clerk Nan T - ns, a r
PUBLISHED in the Eden Prairie News on November 26, 2015.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 19-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CHAPTER 5, BY ADDING SECTION 5.76 AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS,
CONTAINS PENALTY PROVISIONS
The following is only a summary of Ordinance No. 19-2015. The full text is available for public
inspection by any person during regular business hours in the office of the City Clerk.
SUMMARY: This ordinance amends Chapter 5 by adding Section 5.76 which provides for the
regulation of food stands including nonmotorized food carts, mobile food units (food trucks) and
seasonal stands. The ordinance (1) requires that all food stands obtain appropriate State
licensing; (2) limits the operation of food stands to the office, industrial and rural zoning
districts, except it allows operation in residential zones in conjunction with a special event such
as a graduation party; (3) limits the hours of operation to between 6 am and midnight, unless in
conjunction with a special event in a residential zone where operation is limited to between 7 am
and 10 pm; (4) allows operation on private property with the written permission of the owner; (5)
prohibits operation on public streets; (6) allows operation within City park property only with the
written permission of the Parks and Recreation Director; (7) regulates the size, storage and
signage related to food stands; (8) regulates matters such as fire extinguishers, power supplies
and propane gas for safety and compliance with applicable law; and (9) requires that all food
stands maintain insurance.
EFFECTIVE DATE: This Ordinance shall take effect upon publication.
ATTEST:
K hleen Porta, City Clerk Nan Tyr ke o
PUBLISHED in the Eden Prairie News on November 26, 2015.
CITY OFE I Affidavit of Publication
HENNEPIN COUNTY,PRAIRIE
MINNESOTA
SUMMARY OFORDINANCE
15-2015 Southwest Newspapers
-2
AN ORDINANCE OF THE
CITY OF EDEN PRAIRIE,
MINNESOTA, AMENDING State of Minnesota
CHAPTER 5, BY ADDING
SECTION 5.76 AND ADOPTING )SS.
BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION County of Hennepin )
5.99 WHICH, AMONG OTHER
THINGS,CONTAINS PENALTY
PROVISIONS
The following is only a
summary of Ordinance No. 15- Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
2015. The full text is available for publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
public inspection by any person has full knowledge of the facts herein stated as follows:
during regular business hours in
the office of the City Clerk. (A) This newspaper has complied with the requirements constituting qualification as a legal
SUMMARY: This ordinance amends Chapter 5 by adding newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Section 5.76 which provides for amended.
the regulation of food stands
including nonmotorized food (B)The printed public notice that is attached to this Affidavit and identified as No.3 13F—
carts, mobile food units (food was published on the date or dates and in the newspaper stated in the attached Notice and said
trucks)and seasonal stands. The Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
ordinance (1) requires that all the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
food stands obtain appropriate . inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
State licensing; (2) limits the and publication of the Notice:
operation of food stands to
the office, industrial and rural abcdefghijklmnopgrstuvwxyz
zoning districts,except it allows
operation in residential zones in
conjunction with a special event
such as a graduation party; (3) gy
limits the hours of operation _
to between 6 am and midnight, Laurie A.Hartmann
unless in conjunction with a
special event in a residential
zone where operation is limited to Subscribed and sworn before me on
between 7 am and 10 pm;(4)allows
operation on private property
with the written permission
of the owner; (5) prohibits operation on public streets; (6) thid-�T��`
day of `"`1 ,2015
allows operation within City
park property only with the
written permission of the Parks C
and Recreation Director; (7) n°kd,,Y�,J"zAlVN,---FTF K
regulates the size, storage and NX/V'i FL;LiUC VNNrSOiA
signage related to food stands;
(8)regulates matters such as fire No ublic W � 4Sd !
extinguishers, power supplies
and propane gas for safety and
compliance with applicable law;
and (9) requires that all food
stands maintain insurance.
EFFECTIVE DATE: This
Ordinance shall take effect upon RATE INFORMATION
publication. Lowest classified rate aid b commercial users for comparable space $31.20 column inch
Nancy Tyra-Lukens,Mayor p Y p P Pam'
ATTEST: Kathleen Porta,City Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Clerk Rate actually charged for the above matter...............................................$12.59 per column inch
(Published in the Eden Prairie
News on Thursday,November 26,
2015:No.3938)