496:00

City Code: 496:00

496:00-FOOD VENDING ON PUBLIC STREETS

 Section 496:05.  Definitions.  As used in this ordinance, the following terms shall have the meaning ascribed to them:

   A.  “Food vending vehicle” means every motor vehicle in which foods of any kind are carried for the purposes of selling at retail sale on the city streets or other public right-of-way.

   B.  “Vend” or “vending” means offering food for sale from a motor vehicle on the city streets or other public right-of-way.

   C.  “Operator” includes any person, firm or corporation who owns, leases, contracts or in any other fashion permits a person to operate upon the city streets or other public right-of-way any food vending vehicle for the purpose of vending, or the person driving or operating any such vehicle.

Section 496:10.  License Required.

  1. No operator shall sell food from a food vending vehicle while on the public streets or other public right-of-way within the City unless a license to do so is obtained from the City.  The fee for an annual license shall be in the amount as duly established by the City Council from time to time and shall entitle the operator to vend from one such vehicle for the period of April 1st to March 31st of the following year.  For each additional individual vehicle utilized by an operator, an additional license fee shall be paid.  The applicant must submit a written application on a form prescribed by the City and include with its application (a) a copy of its current Retail Mobile Food Handler license issued by the Minnesota Department of Health; (b) insurance or certificate for the insurance coverage required under Section 496:10.B; (c) the vehicle inspection report required under Section 496:30; and (d) a list of the streets and locations where the applicant desires to operate as required by Section 496:40.E. 
  2. The applicant or licensed operator of any food vending vehicle which traverses the streets of the city for the  purpose of vending shall submit to the city engineer prior to April 1st of each year hereafter a detailed listing of the streets on which vending is planned to occur.  The chief of police and the city engineer shall approve or disapprove of the use of any such street or streets for that purpose within thirty (30) days thereafter.  In making said determination, the chief of police and the city engineer shall take into consideration facts such as the classification of the street, the amount and character of the traffic carried thereon, and any special hazards to the public which may be created by permitting vending activity thereon.  A street not approved by the chief of police and city engineer shall not be utilized by said operator for vending. 
  3. Upon receipt of the application together with proof satisfactory to the city that the applicant has met the other conditions required, the city clerk shall issue  a license for each vehicle licenses hereunder which shall be displayed by the operator on the left rear portion of the vehicle.

Section 496:15.  Insurance.

  1.  A vending Cart permit is not effective until the applicant has filed with the City Clerk evidence of insurance insuring the applicant against liability imposed by law arising out of the ownership, maintenance, or operation of such vending cart in amounts of at least $500,000 for the injury or death of one person, $1,500,000 for the injury or death of two or more persons, and $10,000 for damage to property.  The City shall be named as an additional named insured in the policy providing such insurance.  Such policy shall further provide that it may not be cancelled except upon ten days written notice filed with the City Clerk.  The applicant shall also provide evidence of workers’ compensation insurance coverage to the City Clerk if applicable.  A Vending Cart permit is effective only if the required insurance coverage is constantly maintained and evidence of its continuance is on file with the City Clerk. 
  2. The certificate shall designate the City of Owatonna as an additional insured and shall contain an acknowledgement signed by the insurer that prior to  modification, cancellation or termination of the subject policy, written notice shall first be sent to the city clerk by said insurance company.

Section 496:20.  Equipment Required for a Food Vending Vehicle.  In addition to other equipment required by law, every such vehicle shall be equipped with:

  1.  A convex mirror mounted on the front so the operator can see the area in front of the vehicle obscured by the hood. 
  2. An audible alarm which is activated when the vehicle is in motion backwards. 

Section 496:30.  Inspection.

  1. Prior to the initial use and operation of a food vending vehicle, the vehicle shall be thoroughly examined and inspected by a certified mechanic and found to comply with all standards of safety prescribed by the laws of the state and the City.  An inspection report showing that a vehicle has met the standards of safety prescribed by law must be presented to the city clerk at the time of license application. 
  2. Every vehicle licensed pursuant to this chapter shall be inspected from time to time and at least annually by a certified mechanic to insure the continued maintenance of safe operating conditions.  The operation of any vehicle which fails to meet the standards of safety established by laws shall be discontinued until such time as the deficiency is eliminated. 
  3. In addition, the vehicle shall be inspected by the County Health officer annually if the vendor intends to sell other than pre-packaged food products and shall display the same on the back of the vehicle on the left side so as to be visible to customers and city officials.

Section 496:35.  Training of Operators.  An applicant for a license shall provide a description with his application for license of its operator training program, including documentary material used in said program.

Section 496:40.  Restrictions on Vending Activity.

  1. An operator shall vend only when the food vending vehicle is lawfully stopped. 
  2. An operator shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or side of the street. 
  3. An operator shall not vend to any person standing in the roadway. 
  4. An operator shall not stop on the left side of a one-way street to vend. 
  5. An operator shall not vend at any of the following locations: 
  • On any street or other right-of-way within the Central Business District of the City.  For purposes of this ordinance Central Business District is defined as follows:  An area bounded on the south by Mill Street, on the west by Oak Avenue, on the north by Front Street, and on the east by Grove Avenue, and including the area of said designated streets and the sidewalks parallel thereto on both sides of the street. 
  • On a street within any park or other public facility or within 200 feet of park board property or other public facility unless the operator has obtained a park permit or special events permit. 
  • Any location on a public street which is adjacent to a restaurant located on the same street or within 100 feet of the property line closest to the restaurant.  This requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant. 
  • Within any residential district. 

     6.  No vending activity shall occur between sunset and sunrise the day following. 

     7. An operator shall not vend in a single location for a period to exceed 4 hours.  For purposes of this subsection, a single location shall be deemed to be a place 500 feet or more from the last sale.

Section 496:45.  Parking.

  1.  Parking on streets is permitted when in compliance with all ordinances, regulations, parking zones and posted signage.  Sales by the licensee shall be made on the curbside only and the vehicle shall be parked within one (1) foot of the curb. 
  2. Licensee is prohibited from reserving any parking space by blocking, barricading, hooding, signing, or in any other manner preventing another vehicle from occupying the space. 
  3. Food vending vehicles on private property are regulated by Owatonna Zoning Ordinance No. 827.

Section 496:50.  Sound Amplification Devices.  No operator while vending shall use a sound amplification device.

Section 496:55.  Backing of Food Vending Vehicle Restricted.  The operator of a food vending vehicle shall not back the vehicle to make or attempt to make a sale.

Section 496:60.  Penalty.  Any person, firm or corporation violating any provision 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 tor continues.

Section 496:65.  Severability and Savings Clause.  If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that findings shall not serve as an invalidation or affect the validity and enforceability of any other section or provision of this ordinance.

Section 2.  Effective date.  This Ordinance shall be in full force and effect following its passage and publication.

(Section 496 added by Ordinance 1502 approved 7/02/13.)

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