AN ORDINANCE REGULATING THE USE OF MOBILE FOOD UNITS (ALSO KNOWN AS FOOD TRUCKS) WITHIN THE CITY OF LANESBORO
The City Council of the City of Lanesboro hereby ordains:
1. Definitions. As used in this chapter, the following terms shall have the following meanings:
A. “Applicant” means a person who applies for a Mobile Food Unit License.
B.“City” means the City of Lanesboro.
C. “Council” means the City of Lanesboro City Council.
D. “Licensee” means a person who possesses a Mobile Food Unit License.
E. “Mobile Food Unit” means a food and beverage service establishment that is a vehicle mounted unit, either motorized or trailered, and readily movable, without disassembling, for transport to another location for the purpose of Vending.
F.“Operator” includes any person, firm, or corporation who owns, leases, contracts or in any other fashion permits a person to operate under this Ordinance any Mobile Food Unit for the purpose of Vending, including the person driving or working in any such Unit.
G.“Vend” or “Vending” means offering food for sale from a Mobile Food Unit within the City limits.
2. License Required. No Operator shall Vend from a Mobile Food Unit within the City unless a license to do so is first obtained from the City. There shall be three types of licenses issued to Mobile Food Units by the City:
(a) Annual Property Owner Owned Mobile Unit License;
(b) Per Occurrence License for visiting Mobile Food Units;
(c) Annual License for visiting Mobile Food Units.
The License Fees shall be established and identified under Lanesboro City Ordinance 30.111 (Fee Schedule), and shall entitle the Operator to Vend from one such vehicle for the time period specified in the license.
3. License Application and Approval. Application for a Mobile Food Unit License shall be made in writing to the City Clerk.
A.License Fee. The License Fee is due at the time of filing the application. Payment may be made by either cash or check, payable to the City Treasurer.
B.Required Information. The City Clerk may require certain information on the application as it deems reasonable and necessary including but not limited to the following:
i. Applicant Information. Name and address of the Applicant; name and address of proposed Vending location, including a signed authorization from the property owner(s) of where the Mobile Food Unit will be located;
ii. Particular Information about Mobile Food Unit. Vehicle registration and licensing, types of equipment, power sources, installation specifications, and information on any custom fabricated equipment within the Unit;
iii. Proof of Compliance. Copies of all licenses or permits required by the State of Minnesota Health Department or Fillmore County Public Health;
iv. Indemnity. A signed statement that the Applicant will defend, indemnify, and hold the City harmless from any and all claims for damage to property or injury to persons which might result or arise out of the Applicant’s operation of a Mobile Food Unit as permitted by this Ordinance.
v. Insurance. A certificate of insurance showing the Applicant has obtained the following types of coverage:
a. Commercial General Liability
in the amount of one million dollars ($1,000,000.00)
b. Commercial Aggregate in the amount of two million dollars ($2,000,000.00).
vi. Scope of Insurance. Each policy mentioned above must protect the Applicant, property owners, and the City from all claims for damage to property or bodily injury, including death, which may arise from the Applicant’s operation of a Mobile Food Unit. The policies shall further provide that they may not be cancelled except upon 30 days’ written notice filed with the City Clerk. No license issued under this Ordinance shall be valid at any time the insurance required by this clause is not maintained and evidence of its continuance is on file with the City Clerk. A certificate of insurance shall contain an acknowledgement signed by the insurer that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City Clerk by said insurance company.
vii. Final Approval. Upon receipt of all required information and the payment of all required license fees, the City Clerk or City Administrator shall approve the application.
4. Transfer of License Prohibited. The Mobile Food Unit license may not be transferred to another person or entity. Each license is valid for only one Mobile Food Unit.
5. Limitations on Vending Activity. The following restrictions apply to Mobile Food Unit Operators throughout the City:
A.An Operator shall not set up any dining area on public property, including but not limited to, tables, chairs, booths, stools, benches, or stand-up counters. See Lanesboro City Ordinance 113.00 et seq.
B.An Operator may only serve customers when the Mobile Food Unit is lawfully stopped.
C.An Operator shall not sell or operate within fifty (50) feet of a licensed restaurant’s property line.
D.An Operator must comply with all posted parking restrictions.
E.All waste liquids, garbage, litter, and refuse shall be kept in leak proof, nonabsorbent containers which shall be kept covered with tight-fitting covers and properly disposed of. No waste liquids, garbage, litter or refuse shall be dumped or drained into sidewalks, streets, gutters, drains, trash receptacles, or any other place other than the Mobile Food Unit. The garbage receptacle shall be easily accessible for customer use. The Licensee and Property Owner shall be responsible for all litter and garbage left by customers.
F. The Operator must comply with the Minnesota Food Code.
G.Mobile Food Unit hours of operation must comply with the City’s existing noise ordinance, as it may be updated from time to time.
6. Compliance with State law. Any Mobile Food Unit wishing to operate within the City must first meet all licensing and registration requirements under the laws of the State of Minnesota. Proof of compliance with State law is required.
7. Registration. In an effort to retain the natural aesthetic of the City, no more than two (2) food trucks will be permitted to operate within the City on the same day. Operators are encouraged to contact the City to determine availability. Registrations will be organized on a calendar basis, first come first served.
7 (a).Notice from Annual License Holders. Mobile Food Units which purchase an Annual License must give at least two (2) weeks prior notice to the City of the Mobile Food Unit’s desire to Vend in the City on its selected date. If the Mobile Food Unit does not provide at least two (2) weeks prior notice to the City of its desire to Vend in the City on a selected date, then the Mobile Food Unit shall be considered in violation of this ordinance and may be subject to the Penalty and Enforcement provisions in Paragraph 10.
8. Exempt events. The following City events are partially exempt from certain requirements and application of this Ordinance: Buffalo Bill Days, Art in the Park, Rhubarb Fest, and any other celebration, gathering, or event designated as exempt by the Council, and which is hosted by the City of Lanesboro.
8(a) Exemption. The events identified immediately above shall not be required to adhere to Paragraph 5(a) of this Ordinance. Moreover, a separate fee schedule for these exempt events shall be applicable, which separate fee schedule shall be set by the event’s organizer. The separate fee schedule set by the event’s organizer shall not set any license fee lower than the City’s current fee schedule for Mobile Food Units.
9. COVID-19. Nothing in this Ordinance is intended to violate or exceed the current local, state, and federal guidelines for the declared COVID-19 Pandemic. The City intends to adhere to all local, state, and federal guidelines in administering this Ordinance.
10. Penalty and Enforcement. Any person, firm, or corporation who violates any part of this Ordinance shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
11. License Suspension, Revocation and Denial. Any license issued by the City pursuant to the provisions of this Ordinance may be suspended, revoked, or, if in connection with the application or renewal of a license, denied upon a finding that the Licensee:
A.Failed to comply with any applicable state law, city ordinance, Minnesota Food Code, or state or county health regulation relating to a Mobile Food Unit;
B. Failed to possess any license, permit, or approval from any state or county authority needed in order to legally operate the Mobile Food Unit within the State of Minnesota or Fillmore County;
C. Violated any provision of this Ordinance;
D.Failed to comply with any condition set forth in the license;
E. Allowed the Mobile Food Unit business to be operated or maintained in a way that unreasonably annoyed, endangered or injured the safety, health, morals, comfort or repose of any considerable number of members of the public; or
F. Provided false or misleading information on the application.
12. Effective Date.
This Ordinance shall be in full force and effect from its date of publication.
Passed and approved this 6 day of June, 2022 by the City of Lanesboro.