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HomeMy WebLinkAbout1993-07 08-23 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of August, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 27 of the City Ordinances regarding on- street soliciting and vending by catering food vehicles. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 93 -07 AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY ORDINANCES REGARDING ON- STREET SOLICITING AND VENDING BY CATERING FOOD VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 27 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: VEHICLES when used ON- STREET SOLICITING AND VENDING BY CATERING FOOD Section 27 -200. DEFINITIONS. The following terms, in this ordinance, have the meanings ascribed to them: 1. Catering Food Vehicle. Catering food vehicle shall mean any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer, or any food vehicle wherein food is prepared for sale or service to the consumer. 2. Food. Food shall mean any raw, cooked, or processed substance, beverage, water, ice, or other ingredient used or intended for use in whole or in part for human consumption. 3. Food Establishment. Food Establishment shall mean any building, room, stand, enclosure, vehicle, space, area, or other place where food is stored prepared, manufactured, processed, wrapped, canned packed, bottled, transported, distributed, sold, or offered for sale or served in any way with or without charge, except private homes. ORDINANCE NO. 93 -07 4. Food Vehicle. Food Vehicle shall mean any food establishment consisting of a mobile vehicle which hauls any food for the purpose of delivery or sale. Section 27-20F011. APPLICATION. No owner or operator of any catering food vehicle [as defined in Chapter 8 of the City Ordinances] which is used for on- street soliciting for the sale of or vending of confections or other goods directly from such vehicle shall engage in the activity of on- street soliciting, dispensing, or vending unless the provisions of this ordinance are met and such catering food vehicle complies with the requirements as set forth by the Minnesota Department of Agriculture. This ordinance shall not apply to persons using vehicles for the delivery of goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private property for delivery, nor shall it apply to the operation of any political subdivision or unit of government. Section 27- 20[1]2. HOURS AND ROUTES. No person operating under the provisions of this ordinance shall carry on the activity of on- street soliciting or vending operations except between the hours of 1 p.m. [through 5 p.m. and 6:30 p.m.] through 9:30 p.m. [At least 10 days prior to commencing his operation, a vendor shall file with the chief of police a proposed route or routes over which the vehicle or vehicles will travel each day within the City. The vendor shall follow such route while operating within the City. Proposed route changes shall be filed with the chief of police 10 days prior to making any such changes. Only such routes shall be approved] A vendor shall follow such routes as will minimize the hazard to the persons who may be customers of such vehicles and which will minimize traffic difficulties which may arise out of such operations. Section 27- 20[2]3. INSURANCE AND SAFETY REQUIREMENTS. Every owner or operator shall maintain [liability] insurance [in the amount of at least $100,000 for single injuries and $200,000 for each accident, together with at least $10,000 for property insurance. The names of the insurer and the persons insured must be filed with the City before operation commences.] as follows: 1. Automobile Liability Limits of Liability: a. Combined Single Limits $500,000 each occurrence; or b. Bodily Injury Liability $100,000 each person, $500,000 each occurrence; and ORDINANCE NO. 93 -07 c. Property Damage Liability $100,000 each occurrence. 2. Commercial General Liability Covering Operations and Products Liability Limits of Liability: a. Combined Single Limits $100,000 each occurrence, $500,000 aggregate; or b. Bodily Injury Liability $100,000 each person, $500,000 aggregate; and c. Property Damage Liability $50,000 each occurrence. 3. Workers' Compensation Coverage a. Statutory coverage to comply with section 1776.182 of the Minnesota Statutes. Coverage shall be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance will be in the form of a Certificate of Insurance, industry standard ACORD form, or similar type form approved by the City. The Certificate shall state that coverage cannot be canceled mid term or not renewed without thirty 00) days prior written notice to the City, any phraseology limiting this requirement shall be stricken. Catering [F] food vehicles must be parked at the street curb while engaging in vending operations and vending shall be done only from the curb side of the vehicle. Each catering food vehicle must be equipped with flashing lights on both front and rear of the vehicle, clearly visible to oncoming automobiles in full daylight. No owner or operator of any catering food vehicle shall call attention to his business or to his goods, wares, or merchandise, by crying them out, by blowing a horn, or by any loud or unusual noise. Every catering food vehicle while carrying on a vending operation shall be attended by at least two adult persons, one of whom shall have the following specific duties: For the full period during which such catering food vehicle is stopped for vending or stopped in such a manner or place as to reasonably cause others to believe that it is proposing to engage in vending operations, said person shall stand alongside said catering food vehicle in such a manner as to be able to observe traffic coming from all directions and to observe children crossing the street in the immediate vicinity of said catering food vehicle. Such person shall give adequate warning to oncoming vehicles and to children so as to avoid accident or injury to said children. ORDINANCE NO. 93 -07 Section 27- 20f314. PENALTIES. [Whoever does any act or omits to do any act which constitutes a breach] Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof [by lawful authority], shall be punished by a fine of not more than [to exceed] seven hundred dollars ($700) and [or] imprisonment for not [to exceed] more than ninety (90) days or both, together with the costs of prosecution. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 23rd day of August ATTEST: Deputy Clerk Date of Publication August 4, 1993 Effective Date September 3, 1993 1993. Todd Paulson, Mayor (Brackets indicate matter to be deleted, underline indicates new matter.)