HomeMy WebLinkAboutOrdinance 615 - Portable Storage and Mobile Food Vendors CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS ............................................................................................................ 615-1
Section 615.01: DEFINITIONS.................................................................................. 615-1
Section 615.02: PERMIT AND LICENSES REQUIRED........................................... 615-1
Section 615.03: APPLICATION FOR PERMIT......................................................... 615-1
Section 615.04: PERMIT FEES; TRANSFERABILITY............................................. 615-2
Section 615.05: TERM OF PERMIT.......................................................................... 615-2
Section 615.06: INSURANCE.................................................................................... 615-2
Section 615.07: SOUND DEVICES ........................................................................... 615-2
Section 615.08: SALES WHILE IN MOTION........................................................... 615-3
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS...... 615-3
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.......... 615-3
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CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS
Section 615.01: DEFINITIONS. For the purposes of this ordinance, the following words
and phrases shall have these designated meanings:
Subd. 1: Confectionary. A "confectionery food product"is defined as but not limited to,
ice milk, ice cream, candy and popcorn.
Subd. 2: Portable Confectionary Store. A vehicle, regardless of the manner in which it is
propelled, for transporting prepackaged confectionery food products, in the vehicle, for the
purpose of selling such food products form such vehicle.
Subd. 3: Food Truck or Mobile Food Vendor. A vehicle who prepares and sells food
from a properly licensed vehicle eligible to operate on private property for a specified period of
time.
Section 615.02: PERMIT AND LICENSES REQUIRED.
Subd. 1. Permit Required. No person shall use, conduct or operate in the City a portable
confectionery store or mobile food vendor or food truck without having obtained a permit from
the City.
Subd. 2. Exemption. This Chapter shall not apply to those motor vehicles used
exclusively for the regular delivery of fluid milk and related dairy products to homes. This
chapter shall also not apply to temporary food truck or portable confectionery stores for specific
community events.
Section 615.03: APPLICATION FOR PERMIT.
Subd. 1. Form. An application for a permit shall be submitted to the City on forms
prepared by the City.
Subd. 2. Required Information: The applicant shall file with the application such
information as will clearly establish the times and the places where the applicant desires to
operate such portable stores or mobile food vendors/food truck; shall describe the physical
characteristics of such portable stores or mobile food vendors/food truck; shall describe the
wares to be sold and any other information the City may require.
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CHAPTER VI—GENERAL REGULATIONS
Subd. 3. Submission: Each application for a permit required hereunder shall be submitted
to the City.
Subd. 4. Each mobile food vendors/food truck shall not receive a permit under this
section who has not first received a license from the State and/or County Health Department
authorizing such food preparation and sales. Any conditions of the State Health Department shall
be incorporated into the license issued under this Section, in addition to any other conditions
imposed by the City of St. Joseph.
Subd. 5. Issuance: Permits shall not be issued if the administration finds that the health,
welfare or safety of the public will be endangered by the operation of a portable confectionery
store or mobile food vendors/food truck.
Subd. 6. Each vehicle shall have current license plates, pass any required DOT
inspections and contain a current certified fire extinguisher as required.
Section 615.04: PERMIT FEES; TRANSFERABILITY.
Subd. 1. Fee. The fee for each permit shall be established by Council resolution and:
a. There shall be no prorating or refunding of permit fees, nor shall a permit be
transferable.
b. A separate permit shall be required of each portable confectionery store or mobile
food vendors/food truck regardless of ownership.
Section 615.05: TERM OF PERMIT. All permits issued hereunder shall expire January
1 of each year.
Section 615.06: INSURANCE.
Subd.1. Liability Insurance Required: The applicant shall carry a general policy of
liability insurance in which the City is named coinsured which shall provide a limit of coverage
of not less than three hundred thousand dollars/one hundred thousand dollars
($300,000.00/$100,000.00) for bodily injury and twenty five thousand dollars ($25,000.00) for
property damage.
Subd. 2. Notice of Cancellation: The insurance policy required by this Section shall
further provide that no cancellation of said insurance policy, for any cause, may be made by the
insured or the insurance company without first giving thirty (30) days' notice to the City, in
writing, of the intention to cancel. Such notice shall be addressed to the City by registered mail
or shall be delivered to the City personally.
Section 615.07: SOUND DEVICES. No person operating a portable confectionery store
shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any
loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other
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CHAPTER VI—GENERAL REGULATIONS
public places of the City or upon any private premises in the City where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly heard upon the streets,
avenues, alleys, parks or public places, for the purpose of attracting attention to any goods, wares
or merchandise which such permittee proposes to sell, unless prior approval with conditions are
received from the City Administrator.
Section 615.08: SALES WHILE IN MOTION. At no time shall any sales be made from
a portable confectionery store or food truck while it is in motion.
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS.
No external signage, other than such signage directly attached to the vehicle, may be utilized.
Subd. 1. No external seating may be utilized.
Subd. 2. No other equipment may be utilized that is not fully contained within the
vehicle.
Subd. 3. Any generator in use must be self-contained and fully screened from view.
Subd. 4. Operations shall be limited to the number of days indicated on the applicant's
State License.
Subd. 5. Applicant shall provide waste disposal for litter and garbage generated by the
operation of the Food Truck or Vehicle, and shall clean all such litter and garbage before moving
from the location.
Subd. 6. The Food Truck or Vehicle shall obey the orders of any traffic control officer,
peace officer, or inspector, and shall be open to inspection during all open hours.
Subd. 7. Vehicle size shall not exceed ten (10) feet in height, nor twenty five (25) feet in
length.
Subd. 8. Hours of operation shall occur from 7:00 AM and 11:00 PM
Subd. 9. There shall be no overnight parking of food trucks on public right of way.
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.
Subd. 1. Properly licensed Food Truck or Mobile Food Vendor may operate on eligible
public streets when occupying no more than two parallel parking spaces.
Subd. 2. In no cases, may a Food Truck or Vehicle operate in a traffic lane, on a
sidewalk, or in any location, which causes an obstruction to traffic.
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CHAPTER VI—GENERAL REGULATIONS
Subd. 3. No Food Truck or Vehicle may operate on a public street within fifty (50) feet of
the intersection of two streets or within thirty (30) feet of the intersection of a public street and
private driveway opening.
Subd. 4. A Food Truck or Vehicle may operate within a parking lot with written
permission of the property owner/s or owner's authorized representative.
Subd. 5. No food truck shall operate within 50 feet of an existing restaurant located
within the city.
Subd. 6. The City Council may approve other locations on a temporary basis.
Created 4/2016
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