Adopt Ordinance #23-01 Amending City Code Section 26 Article XIX - Mobile Food Units 

Councilors Howell and Musgrove requested this case.  The purpose of this case is to consider Ordinance #23-01 to revise City Code, Section 26, Article XIX (sections 26-872 and 26-875) - Mobile Food Trucks to remove the requirement for a background checks, to remove items used to issue or revoke a license, and to allow Mobile Food Trucks to operate without a license on Private property for Private events that are not open to the public.

The City Council adopted Ordinance 22-25 separating mobile food units (food trucks) from the Transient Merchant licensing section on code.  This ordinance has an effective date of January 2, 2023. Ordinance 22-25 requires the Ramsey Police Department to conduct a background check on order to issue the license. This requirement will remain in place until a subsequent ordinance is adopted removing this requirement.  There was discussion about not requiring a background check during the 2023 Rates & Fees Schedule adoption at the November 22, 2022 Council meeting.  The fee requirement for the background check was eliminated, however, the provision requiring the background check falls under Section 26, Article XIX as adopted by Ordinance 22-25.

Further discussion by the City Council at the December 13, 2022 City Council meeting resulted in additional changes to the proposed ordinance relating to requirements for obtaining a license and removing reasons for denial.

Staff has consulted with the City attorney and it has been determined that no public hearing for this ordinance is required. Ordinance 23-01 will be reposted with changes made at the December 13, 2022 City Council Meeting until its adoption/effective date.  

Staff has been asked to put together an amended Ordinance removing the requirement of a background check for Mobile Food Unit licensing, removal of past conviction of any crime or misdemeanor involving fraud, theft or moral turpitude, or any crime of violence as defined in Minn. Stats. § 624.713 from Sec. 26-875 NON-ISSUE/DENIAL and Removing the requirement for mobile food truck licensing on private property for private events not open to the public from Sec. 26-872 LICENSE REQUIREMENTS.. Sections 26-872 and 26-875 are proposed to be amended as follows:

Sec. 26-872 LICENSE REQUIREMENTS.
   (A)   License required. It is unlawful to operate a mobile food unit within the city or engage in any enterprises described herein, unless a license has been obtained. Each license must be obtained in accordance with the requirements of the city code.  Mobile food units operating on private property for private events not open to public are not required to obtain a license.
   (B)   General licensing. The application for such licenses must be made on forms furnished by the city and must describe the general nature of the business, the permanent business location, commissary kitchen, and any other information deemed necessary by the city.
   (C)   License expiration. Licenses issued pursuant to this chapter commence and expire on the dates indicated on the license certificate. All mobile food unit licenses will be issued for the applicable license year.
   (D)   Transfer and display of license. 

1. Only a person who complies with the requirements of this chapter is entitled to receive a license.
2. A license is not transferable as to person.
3. A valid license must be located on the mobile food unit and posted so that it is clearly visible to the public.
4. All approved licenses must have a photo taken and an identification badge issued.  Such photo identification badge must be worn whenever business is being conducted.

   (E)  Anoka County Health or Minnesota Department of Agriculture License Required.  As part of the City license application, evidence of an active heath license issued by Anoka County or Minnesota Department of Agriculture is required for each mobile food unit.  Expiration or revocation of these licenses will automatically void the City license.
   (F)  Background Checks - Every application shall bear the written report and recommendation of the chief of police. The police chief or his designee shall immediately institute an investigation of the applicant including, but not limited to, a criminal history and wanted persons check with the Bureau of Criminal Apprehension, for the protection of the public good.
  (F) Insurance - The Applicant shall carry a general policy of liability insurance which shall provide a limit of coverage of not less than $300,000/$100,000 for bodily injury and $25,000 for property damage. Mobile Food Units operating on any public property must provide a certificate of insurance showing the City listed as coinsured.
  (G) Adequate Parking / Traffic Flow - No mobile food unit license shall be issued for any location which does not have sufficient parking for customers and for areas where customer parking would interfere with normal traffic flow.

and;

Sec. 26-875 NON-ISSUE/DENIAL.
   (A) If as a result of a background investigation, the applicant is found to be unsatisfactory, the chief of police shall endorse on such application his/her disapproval and the reasons for the same, and return the application to the licensing agent, who will in turn bring the request with recommendation for denial to the city council. The police chief must comply with the provisions of Minn. Stats. ch. 364 if the recommendation for denial is based in whole or in part upon prior criminal convictions. If the council denies the issuance of a license, the licensing agent shall notify the applicant that his/her application is disapproved and no permit shall be issued.
     (A) Any applicant may be found to be unsatisfactory for reasons including, but not solely limited to:
(1) Fraud, misrepresentation or incorrect statement contained in the application for permit.
(2) Past fraud, misrepresentation or incorrect statement made in the course of carrying on a business.
(3) Past conviction of any crime or misdemeanor involving fraud, theft or moral turpitude, or any crime of violence as defined in Minn. Stats. § 624.713.
(3) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.

This will be the second reading of Ordinance #23-01.

Alternatives:

1. Adopt Ordinance #23-01 as presented 
2. Adopt Ordinance #23-01 with modifications
3. Postpone action to further refine draft ordinance
4. Something else.

This case is being handled as part of normal Staff duties. 

Based on discussion

Motion to waive the City Charter Requirement that the Ordinance be read aloud and adopt Ordinance #23-01 Amending City Code Section 26 Article XIX - Mobile Food Units