ORD 19-04ver
Ordinance 0 9 - 04
Stehetkcenghs to be removed
Underlines to be added
An Ordinance Amending Chapter 38, Article VIII, Peddlers, Solicitors,
Transient Merchants, and Mobile Food Units of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 38-383, Exemptions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
All persons engaged in the business activities described in this section shall comply with the
provisions of section 38-414(c). The following business activities shall be exempt from the
requirements of this article. The city clerk shall determine if a business activity falls within these
exemptions, subject to appeal to the city council.
(1) Doing business by appointment. A bona fide appointment is one that is not merely
obtained by going door-to-door in conjunction with the taking of orders, offering for
sale or selling.
(2) Solicitation of orders for future door-to-door delivery of newspapers.
(3) Nonprofit groups that register with the city clerk. No fee is required to so register. This
exemption does not include individuals who are paid to engage in peddling, soliciting, or
transient merchant business.
(4) Selling goods to retail or wholesale stores or to professional or industrial establishments
for retail re -sale only.
(5) Selling or peddling the products of the farm or garden grown and cultivated by such
person, but such activities must comply with applicable health regulations.
(G) All vendors involved in the following community events: Fourth of July Celebration,
Community Festival, Sherburne County Fair, Business Expo, and any other community
event the city council deems exempt.
(7) Garage sales, rummage sales, and craft sales.
(8) Establishing a regular customer delivery route for the delivery of perishable food and dairy
products such as baked goods, milk, and groceries.
(9) Selling goods or admissions to events by K-12 students where the proceeds of such
sales benefit a program or activity in which the student is involved.
(10) Mobile food units listed as part of a special event permit issued by the city. The terms of
the special event permit shall apply. L4 -sanctioned events are exempt.
Last Updated January 2019
10IEIII Ir
NATURE
Stakedxexglrs to be removed
Underlines to be added
(11) Mobile food units contracted by residential property owners for private parties where
food is not sold to guests or any other members of the public. This exclusion does not
include institutional uses in the residential zoning district where mobile food units are
contracted to provide food for a public event.
(12) Mobile food units as part of a school sanctioned events on school property.
(13) Mobile food units located on Sherburne County Fairgrounds property.
SECTION 2. That § 38-414, Restrictions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(d) For mobile food units.
(1) State license. Mobile food units shall hold a valid license from the State of Minnesota
Department of Health or Department of Agriculture. Any conditions of the State Health
Department shall be incorporated into the license issued under this section, in addition
to any other conditions by the City of Elk River.
(2) Insurance. A certificate of insurance that has been issued to the applicant by an insurance
company authorized to do business in the State of Minnesota verifying the applicant is
insured against claims arising out of all operations of such applicant under this chapter
for the sum of at least one million dollars (51,000,000.00) against liability for bodily
injuries and for at least one million dollars ($1,000,000.00) against liability for damage or
destruction of nroperV.
a, Garnffiereiftl general hat- k :..sora_.. with _ c....:t of fiat less thaft $1,000,000.00 ,deb
.-t, +e annuft! ftggregat-e
hii-ti...t-..n not be less tt..._ $2,000,000.00;
b. Automobile liftbility insuranee with a hmit of not less thaft $2,000,000.00 eambined sing4e
rfftit. The iftsuf-afieeI__n cover- I:..>,:cam _..:a_,_ of ,..._. attte :.,,-lidding ..____ed hired
and s;
e. Food pr-adttets liability insuranee, with F, kinit of ftat less than $1,000,000.00 e
d. Publie liability iiistiraftee, with a 1,119k E)f not less than $4,000,000.00 eaeh oeettfreftee-,
e. Property dsm e ifisttranee, with a limit ef not less thftft $4,000,000.00 each ft"d
f. The city shall be endorsed as an additional insured on the certificate of insurance and the
umbyella/exeess insuranee if the itlieant intends to i
public property including right-of-way.
g. Certificate of insurance must contain a provision requiring at least thirt(30) days'
advanced written notice to the city or ten (10) days' written notice for non-payment of
premium notification be sent to the city should the policy be cancelled before its stated
expiration date.
(3) Hold harmless. A mobile food unit operating on city property, including public right-of-way,
must submit a signed statement that the licensee shall hold harmless the city and its
officers and employees, and shall defend and indemnify the city and its officers and
PIifEREI Ir
I`rIA1URE
L zst Updated January 2019
Str-dcedeeagks to be removed
Underlines to be added
employees for any claims for damage to property or injury to persons which may be
occasioned by any activity carried on under the terms of the license.
(4) Duration of sales. A license shall be valid for one year but the mobile food unit can't operate
in, or in front of, the same location for more than 21 days each year within the City of
Elk River.
(5) Overnight storage. No overnight storage of a mobile food unit shall be permitted unless
approved by council.
(6) Signs. No signage shall violate the provisions of this Code relating to size and number of
business signs.
(7) Noise. No shouting, blowing a horn, ringing a bell, or use of any sound devices upon any
of the streets, alleys, parks, or other public places of the city or upon any private
premises in the city. Ice cream trucks traveling through a residential district may have
outdoor music or noise -making devices to announce their presence.
(8) Parking. Mobile food units must be located on a paved surface. A mobile food unit may
not operate in a traffic lane, on a sidewalk, or in any location which causes an
obstruction of traffic, such as queuing of patrons or advancement of vehicles. A mobile
food unit may operate on eligible public streets and occupy no more than two parking
spaces. No parking or sales shall take place within 60 feet of an intersection of two or
more streets or within 30 feet of a driveway that enters a public street.
(9) Hours. Hours of operation shall be allowed from 8:00 a.m.to midnight, except in a
residential district in which sales shall be allowed from 8:00 a.m. to 10:00 p.m.
(10) Waste disposal. Mobile food units shall provide waste disposal and clean up all litter and
garbage generated by the mobile food unit before moving from the location.
(11) Self -containment. Mobile food units can't connect to public utilities. Any generators must be
self-contained.
(12) Inspections. Mobile food units shall comply with all applicable fire codes and may be
inspected by a city fire official prior to operation.
(13) Locations. Mobile food units shall be allowed in public right-of-way only in zoning districts
where retail sales are allowed as permitted or special uses under the city's zoning code.
Except that mobile food units may be located on privately owned property in the
commercial, industrial, and downtown zoning areas of the city with written property
owner permission and residential lots as exempted per section 383 (11).
In the downtown district only one mobile food unit shall be permitted on public
property located at the designated, signed parking area along King Avenue. Reservations
are not permitted on King Avenue when the city hosts concert nights in Rivers Edge
Park unless authorized by city council. City council may further authorize mobile food
units in the downtown district for city -sanctioned activities. Applications for the
downtown district will only be accepted up to three months in advance and are on a first
come fust serve basis with fee payment and a completed application.
(14) City parks. Mobile food units are not allowed in city parks unless they get written
permission of the parks and recreation director. Except that parks with concession
Last Updated January 2019
IRIERER RE
NATURE
SExgeethvotths to be removed
Underlines to be added
stands also require the written consent of the concession operator for their specific
event.
(15) Seating. Mobile food units may not provide external seating unless located in an industrial
zoning district.
(16) Ice cream truck.. Ice cream trucks are allowed to operate within the public right-of-way in
residential districts.
(17) Prohibitions. Mobile food units are prohibited from vending activities within 500 feet of an
event for which the city has issued a special event permit, unless they are specifically
authorized by the event organizer to participate in the event.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 4th day of February, 2019.
o n J. ietz, or
ATTEST:
-- r, —
Tina Allard, CityClerk
II1EIEI it
NATURE
Last Updated January 2019
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 02/09/2019 and the last
insertion being on 02/09/2019.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: �0 C f. z lt
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/09/2019 by Darlene MacPherson.
Notary
jyq MARLENE M. MITCHELL;
( }I Notary Public Minnesota
a
My Commission Expires Jan 31, ?020 ;.
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 904805
CITY OF ELK RIVER
ORDINANCE 19 - 04
AN ORDINANCE AMENDING
CHAPTER 38, ARTICLE VIII,
PEDDLERS, SOLICITORS,
TRANSIENT MERCHANTS,
AND MOBILE FOOD UNITS
OF THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 38-383,
Exemptions of the City of Elk Riv-
er Code of Ordinances shall be
amended to read as follows:
All persons engaged in the busi-
ness activities described in this
section shall comply with the pro-
visions of section 38-414(c). The
following business activities shall
be exempt from the requirements
of this article. The city clerk shall
determine if a business activity falls
within these exemptions, subject to
appeal to the city council.
(1) Doing business by appoint-
ment. A bona fide appointment is
one that is not merely obtained by
going door-to-door in conjunction
with the taking of orders, offering
for sale or selling.
(2) Solicitation of orders for fu-
ture door-to-door delivery of news-
papers.
(3) Nonprofit groups that mg -
later with the city clerk. No fee is
required to so register. This exemp-
tion does not include individuals
who am paid to engage in peddling,
soliciting, or transient merchant
business.
(4) Selling goods to retail or
wholesale stores or to professional
or industrial establishments for re-
tail re -sale only.
(5) Selling or peddling the prod-
ucts of the farm or garden grown
and cultivated by such person, but
such activities must comply with
applicable health regulations.
(6) ?All vendors involved in
the following community events:
Fourth of July Celebration, Com-
munity Festival, Sherburne County
Fair, Business Expo, and any other
community event the city council
deems exempt.
(7) Garage sales, rummage
sales, and craft sales.
(8) Establishing a regular cus-
tomer delivery route for the delivery
of perishable food and dairy prod-
ucts such as baked goods, milk,
and groceries.
(9) Selling goods or admissions
to events by K-12 students where
the proceeds of such sales benefit
a program or activity in which the
student is involved.
(10) Mobile food units listed as
part of a special event permit is-
sued by the city. The terms of the
special event permit shall apply.
City -sanctioned events are exempt.
(11) Mobile food units contract-
ed by residential property owners
for private parties where food is not
sold to guests or any other mem-
bers of the public. This exclusion
does not include institutional uses
in the residential zoning district
where mobile food units are con-
tracted to provide food for a public
event.
(12) Mobile food units as part
of a school sanctioned events on
school property.
(13) Mobile food units located
on Sherburne County Fairgrounds
property.
SECTION 2. That § 38-414,
Restrictions of the City of Elk Riv-
er Code of Ordinances shall be
amended to read as follows:
(d) For mobile food units.
(1) State license. Mobile food
units shall hold a valid license from
the State of Minnesota Department
of Health or Department of Agricul-
ture. Any conditions of the State
Health Department shall be incor-
porated into the license issued un-
der this section, in addition to any
other conditions by the City of Elk
River.
(2) Insurance. A certificate of
insurance that has been issued to
the applicant by an insurance com-
pany authorized to do business in
the State of Minnesota verifying the
applicant is insured against claims
arising out of all operations of such
applicant under this chapter for the
sum of at least one million dollars
($1,000,000.00) against liability
for bodily injuries and for at least
one million dollars ($1,000,000.00)
against liability for damage or de-
struction of property. f. ?The city
shall be endorsed as an additional
insured on the certificate of insur-
ance on public property including
right-of-way.
Certificate of insurance must
contain a provision requiring at
least thirty (30) days' advanced
written notice to the city, or ten (10)
days' written notice for non-pay-
ment of premium notification be
sent to the city should the policy be
cancelled before its stated expire -
tion date.
(3) Hold harmless. A mobile food
unit operating on city property, in-
cluding public right-of-way, must
submit a signed statement that the
licensee shall hold harmless the city
and its officers and employees, and
shall defend and indemnify the city
and its officers and employees for
any claims for damage to property
or injury to persons which may be
occasioned by any activity carried
on under the terms of the license.
(4) Duration of sales. A license
shall be valid for one year but the
mobile food unit can't operate in,
or in from of, the same location for
mon: than 21 days each year within
the City of Elk River.
(5) Overnight storage. No over-
night storage of a mobile food unit
shall be permitted unless approved
by council.
(6) Signs. No signage shall vi-
olate the provisions of this Code
relating to size and number of busi-
ness signs.
(7) Noise. No shouting, blow-
ing a horn, ringing a bell, or use
of any sound devices upon any of
the streets, alleys, parks, or other
public places of the city or upon
any private premises in the city.
Ice cream trucks traveling through
a residential district may have out-
door music or noise -making devic-
es to announce their presence.
(8) Parking. Mobile food units
must be located on a paved sur-
face. A mobile food unit may not
operate in a traffic lane, on a side-
walk, or in any location which caus-
es an obstruction of traffic, such as
queuing of patrons or advancement
of vehicles. A mobile food unit may
operate on eligible public streets
and occupy no more than two park-
ing spaces. No parking or sales
shall take place within 60 feet of an
intersection of two or more streets
or within 30 feet of a driveway that
enters a public street.
(9) Hours. Hours of operation
shall be allowed from 8:00 a.m. to
midnight, except in a residential
district in which sales shall be al-
lowed from 8:00 a.m. to 10:00 p.m.
(10) Waste disposal. Mobile food
units shall provide waste disposal
and clean up all litter and garbage
generated by the mobile food unit
before moving from the location.
(11) Self-centainment. Mobile
food units can't connect to public
utilities. Any generators must be
self-contained.
(12) Inspections. Mobile food
units shall comply with all appli-
cable fire codes and may be in-
spected by a city fire official prior
to operation.
(13) Locations. Mobile food units
shall be allowed in public right-of-
way only in zoning districts where
retail sales are allowed as permit-
ted or special uses under the city's
zoning code. Except that mobile
food units may be located on pri-
vately owned property in the com-
mercial, industrial, and downtown
zoning areas of the city with wdt-
ten property owner permission and
residential lots as exempted per
section 383 (11).
In the downtown district only
one mobile food unit shall be per-
mitted on public property located
at the designated, signed parking
area along King Avenue. Reser-
vations are not permitted on King
Avenue when the city hosts con-
cert nights in River's Edge Park
unless authorized by city council.
City council may further authorize
mobile food units in the downtown
district for city -sanctioned activi-
ties. Applications for the downtown
district will only be accepted up to
three months in advance and are
on a first come first serve basis
with fee payment and a completed
application.
(14) City parks. Mobile food
units are not allowed in city parks
unless they get written permission
of the parks and recreation director.
Except that parks with concession
stands also require the written con-
sent of the concession operator for
their specific event.
(15) Seating. Mobile food units
may not provide external seating
unless located in an industrial zon-
ing district.
(16) Ice cream trucks. Ice cream
trucks are allowed to operate within
the public right-of-way in residen-
tial districts.
(17) Prohibitions. Mobile food
units are prohibited from vend-
ing activities within 500 feet of an
event for which the city has issued
a special event permit, unless they
are specifically authorized by the
event organizer to participate in the
event.
SECTION 4. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
4th day of February, 2019.
John J. Dietz, Mayor
ATTEST. Tina Allard
City Clerk
Published in the
Star News
February 9, 2019
904805