Ordinance No. 1409, Mobile Food Units 06-26-2023
Ordinance No. 1409
Amending the Fridley City Code to Add Chapter 35, Mobile Food Units, Amend Chapter
209, Fees and Repeal Chapter 216, Street Vending
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That the Fridley City Code be hereby amended by adding Chapter 35, Mobile Food Units as
follows:
Fridley City Code
Chapter 35 Mobile Food Units
35.01 Purpose
The purpose of this Chapter is to protect the health, safety, and welfare of the community through
the establishment of standards for mobile food units to operate in a safe and effective manner in
the City of Fridley (City).
35.02 Definitions
Mobile Food Unit: A food or beverage service that is a mounted vehicle, either motorized or trailer,
and is readily movable without disassembling for transport to another location. The two distinct
types of Mobile Food Units are detailed below:
1. Food Truck: A self-contained unit in which food is stored, cooked, or prepared for direct
sale to the consumer while parked or stationary in one location.
2. Ice Cream Truck: A motor vehicle utilized as the point of retail sale of pre-packaged ice
cream, frozen yogurt, frozen custard, flavored frozen water, or similar frozen dessert products,
while travelling within the City.
35.03 Food Truck License Required
1. All operators of food trucks must obtain a license to operate within the City.
2. No person may operate a food truck within the City without a valid license from Anoka
County.
3. No license issued under this Chapter may be transferred to any other person or business.
4. A license issued under this Chapter becomes effective from the date on which the license
is issued through April 30 of the subsequent year.
5. A valid license must be openly displayed at all times in the food truck when it is within the
City.
6. For the purposes of this Chapter, any food truck equipped with appliances that produce
smoke or grease-laden vapors must submit to a Fire Safety Inspection performed by the Fire
Division, pursuant to the Mobile Food Preparation Vehicles Chapter of the Minnesota State
Fire Code.
35.04 Food Truck License Application
1. No person may operate a food truck within the City without a valid license from the City,
which includes the following requirements:
(a) The full legal name of the owner of the food truck;
(b) The full legal name of the operator of the food truck, other commonly known names
the operator may use, the operator’s date of birth, and a copy of their driver’s license;
(c) A list of names of all persons working in the food truck;
(d) A description of the nature of the business and the goods to be sold out of the food
truck;
(e) A description of the food truck and valid license plate number for any vehicle associated
with a City food truck license;
(f) The name, address and contact information for the restaurant with which the food truck
is affiliated, if applicable;
(g) A complete Background Investigation Consent Form;
(h) A Certificate of Insurance proving commercial general liability coverage of not less than
$1 million for each occurrence, or a $2 million annual aggregate;
(i) Proof of workers’ compensation insurance, or evidence of exemption, is required;
(j) A copy of the applicant’s State sales tax identification number, with a complete State
SP:C1 Form; and
(k) Written consent of each private property owner from which sales from a food truck will
be conducted.
(l) A valid permit pursuant to the Rights-of-Way Management Chapter of the Code, if
applicable.
35.05 Food Truck Allowed Activities
1. Mobile food trucks are allowed under the following circumstances:
(a) In conjunction with a private party or event located at a City or County park, provided
the renter of the park has a valid park rental permit;
(b) In conjunction with an event sponsored by the City taking place on City-owned
property with written consent of the City Manager or their designee;
(c) In conjunction with a school-sponsored event taking place on school-owned property
with written consent of the school official; or
(d) In conjunction with a private event, on private property with written consent from the
property owner.
35.06 Food Truck Prohibited Activities
1. No mobile food truck operators may conduct business in the following manner:
(a) Calling attention to their business or the items to be sold by means of blowing any
horn or whistle, ringing any bell, yelling, or by making any other noise that would disturb
the peace and enjoyment of the general public.
(b) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street,
sidewalk, alleyway, or other public right-of-way. An operator may not park a food truck on
any public right-of-way or in residential zoning district except during events permitted
under this Chapter and with a valid license.
(c) Conducting business in a way as to create a threat to the health, safety, and welfare of
any specific individual or the general public.
(d) Conducting business before 7:00 a.m. or after 10:00 p.m.
(e) Failing to provide license, registration, or identification when requested.
(f) Using the registration of another person or business.
(g) Using false or misleading statements about the products or services being sold,
including untrue statements of endorsement. No food truck operator may claim to have
the endorsement of the City solely based on the City having issued a license to that person.
(h) Remaining on the property of another when requested to leave.
(i) Operating their business in any manner that a reasonable person would find obscene,
threatening, intimidating or abusive.
(j) Operating on the same property more than 21 days in a 60-day period.
(k) Disposing gray water into any City stormwater drain. Gray water must be drained daily
and in an appropriate manner.
(l) Failing to provide refuse containers for customers. The operator of a food truck is
responsible for removing all refuse associated with the food truck operations.
(m) No overnight storage of a food truck is permitted.
35.07 Food Truck Signs
1. A licensed food truck is not required to obtain a Sign Permit from the City. However, no
additional signage is permitted beyond that which is affixed to the food truck unless it meets
the following requirements:
(a) One single sandwich board style sign is permitted per food truck;
(b) The maximum sign size is eight square feet;
(c) The sign must be placed on the ground and be within 10 feet of the food truck;
(d) The sign must not be placed in a manner that obstructs passage upon any sidewalk;
(e) The sign must not be placed within the improved travel surface of the public right-of-
way.
35.08 Ice Cream Truck License Required
1. All operators of ice cream trucks must obtain a license to operate within the City.
2. No license issued under this Chapter may be transferred to any other person.
3. A license issued under this Chapter becomes effective from the date on which the license
is issued through April 30.
4. A valid license must be openly displayed at all times when the food truck is within the City.
35.09 Ice Cream Truck License Application
1. No person may operate an ice cream truck within the City without a valid license from the
City, which includes the following requirements:
(a) The full legal name of the owner of the ice cream truck;
(b) The full legal name of the operator of the ice cream truck, other commonly known
names the operator may use, the operator’s date of birth, and a copy of their driver’s
license;
(c) A description of the types of confections to be sold out of the ice cream truck;
(d) A description and valid license plate number for any vehicle associated with the license;
(e) A completed Background Investigation Consent Form;
(f) A Certificate of Insurance proving commercial general liability coverage of not less than
$1 million for each occurrence, or $2 million annual aggregate is required;
(g) Proof of workers’ compensation insurance, or evidence of exemption, is required;
(h) A copy of the applicant’s State sales tax identification number, with a complete State
SP:C1 Form;
35.10 Ice Cream Truck Routes and Hours of Operation
1. Operations may be carried on only between the hours of 10:00 a.m. and 8:00 p.m.
2. The proposed area in which the licensed vehicle will travel each day while within the City.
3. The licensee must only operate on streets as approved by the City Manager or their
designee. Changes to a proposed area or route must be submitted to, and approved by, the
City Manager or their designee at least 10 days in advance of making any change.
4. At no time, may the licensee operate the ice cream truck outside of the area or route
approved by the City Manager or their designee. This section does not apply to emergency
situations or travel to and from the approved route.
35.11 Ice Cream Truck Operations
1. When engaged in any vending operations, the ice cream truck must be parked as close to
the street curb as practical. All vending must be done only at the curb side of the ice cream
truck.
2. Ice cream trucks must not be parked in a manner that encourages unsafe pedestrian
behavior, including but not limited to, encouraging the unsafe crossing of busy thoroughfares.
3. Ice cream trucks must be stopped or parked so as to not obstruct or cause a hazard to traffic
or create danger of injury to customers or the general public.
4. All ice cream trucks must be equipped with flashing lights on both the front and rear of the
vehicle, which must be clearly visible to oncoming traffic in full daylight.
5. No ice cream truck may be moved backward if:
(a) There is a substantial number of people congregated near the ice cream truck.
(b) The ice cream truck operator has reason to believe there are minors or persons with
disabilities near the truck.
(c) Movement in such direction threatens injury to any person in or near the ice cream
truck.
6. Ice cream trucks must carry signaling or warning devices that enable the attendant to give
adequate warnings to pedestrians or other vehicles on the street.
7. Except as permitted by this Chapter, while transiting within their designated area or route,
no ice cream truck may operate any device that produces any noise or sound for the purpose
of attracting persons to the ice cream truck.
8. Ice cream trucks may sound a manually operated bell in the areas of and the hours
established in this Chapter, which produces a noise level measured at 50 feet from the source,
no greater than 65 decibels, as defined in the Noise Chapter of the Fridley City Code (Code).
9. Ice cream trucks may not operate within one block of any school zone in the City.
35.12 Suspension, Revocation, or Grounds for Denial
1. Any license issued under this Chapter may be suspended, revoked, or denied renewal by
the City Manager or their designee. Grounds include:
(a) Subsequent knowledge by the City of fraud, misrepresentation, or incorrect statements
provided by an applicant on the application form;
(b) Fraud, misrepresentation, or false statements in the application process;
(c) Engaging in any prohibited activity as provided under of this Chapter; or
(d) Violation of any other provision of this Chapter or Code, or any provision of State law.
2. The suspension or revocation of a license will apply to the owner of the mobile food unit,
the operator of the mobile food unit (if different) and any other person authorized to work in
the mobile food unit.
3. Prior to suspending or revoking any license issued under this Chapter, the City will provide
the licensee with written notice of the alleged violations and inform them of their right to a
hearing on the alleged violation. Notice will be delivered in person or by mail to the permanent
residential address listed on the license application, or if no residential address is listed, to the
business address provided on the license application.
4. Any person contesting a license suspension or revocation or other decision by the City
associated with violations of this Chapter may file an appeal pursuant to the Appeals and
Administrative Citations Chapter of the Code.
5. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal,
or modify that decision.
6. If, in the discretion of the City Manager or their designee, imminent harm to the health or
safety of the public may occur because of the actions of any mobile food unit operations
licensed under this Chapter, the City Manager or their designee, may immediately suspend
the license by notifying the licensee in writing.
35.13 Fees
The fees for this Chapter are set in the Fees Chapter of the Code.
Section 2
That the Fridley City Code be hereby amended by updating Chapter 209, Fees as follows:
Fridley City Code
Chapter 209 Fees
209.12 Fees
5. Licensing Fees
Code Subject Fee
308 Adult Entertainment Establishment $400
Investigation Fee $400
17 Auction
Weekly permit $30
Annual permit $150
300 Beekeeping
Initial fee $100
Annual renewal fee $25
27 Billiards
First table $40
Each additional table $10
15 Bowling Alleys
Annual license $40
Per lane $10
28 Carnivals
Application fee $75
Each day $75
Required cash deposit or bond $3,000
21 Christmas Tree Lots
Annual license fee $200
Deposit $100
300 Dogs
Lifetime license $25
Duplicate license $5
Impound fee $25
Annual Dangerous Dog license $500
Potentially Dangerous Dog license $500
702 Drive-in Theaters $400
607 Entertainment $85
32 Food Establishment – Business License $45
32 Food Temporary – Business License $30
25 Golf Course, Driving Range $30
319 Haulers $100 for first truck and $40
Mixed Municipal Solid Waste License each additional truck
(Garbage Truck), Yard Waste License,
Organics License, Recycling License
24 Junk Yards $350
609 Liquor, Caterer
Annual Caterer Registration $100
Event Notification Permit (per $25
event)
604 Liquor, Consumption and Display
Annual State permit $300
One-day City permit $25
603 Liquor, On-Sale Intoxicating Holiday $100
Endorsement
603 Liquor, Lawful Gambling Endorsement $300
610 Liquor Manufacturers/Investigative Fee
Individual $200
Partnership/Corporation $400
Alteration of Business $100
Change of Officers $25
On-Sale Brewer/Distillery Taproom $600
License
Off-Sale Brewer/Distillery Growler $300
License
603 Liquor, On-Sale Intoxicating
No entertainment
(a) 0-3,000 square feet $6,000
(b) 3,001-6,000 square feet $7,000
(c) Over 6,000 square feet $8,000
With entertainment or dancing
(a) 0-3,000 square feet $7,000
(b) 3,001-6,000 square feet $8,000
(c) Over 6,000 square feet $9,000
603 Liquor, On-Sale Intoxicating Initial
Investigative Fee
Individual $200
Corporation or partnership $400
603 Liquor, On-Sale Sunday $200
603 Liquor, On-Sale Intoxicating Temporary $25
one day only
602 Liquor, 3.2% Malt Liquor Off-Sale $60
On-Sale $325
Holiday Endorsement $100
602 Liquor, 3.2% Malt Liquor, Initial
Investigative Fee
Individual $90
Corporation or partnership $180
602 Liquor, 3.2% Malt Liquor Temporary $60
603 Liquor, Wine $1,000
603 Liquor, Wine Investigative Initial Fee
Individual $200
Corporation or partnership $400
605 Liquor, Bottle Club
Annual permit $300
One day permit $25
606 Liquor, On-Sale Intoxicating Club
Per club under 200 members $300
Per club of 201-500 members $500
Per club of 501-1,000 members $650
Per club of 1,001-2,000 members $800
Per club of 2,001-4,000 members $1000
Per club of 4,001-6,000 members $2,000
Per club of over 6,000 members $3,000
606 Liquor, On-Sale Club Holiday $100
Endorsement
300 Livestock
Initial fee $100
Annual review $25
603 Managerial License (Liquor) $10
125 Massage Therapy Business License
Annual license $400
Business investigation fee for $400 (new) $200 (renewal)
corporations or partnerships
Business investigation fee for $200 (new) $100 (renewal)
individual/sole proprietor
125 Massage Therapist
License Fee $50
Therapist Investigation Fee $25
22 Music Festivals
Per day $700
Filing fee $100
35 Mobile Food Unit
Food Truck License $50
Food Truck Fire Safety Inspection $100
Ice Cream Truck License $75
18 Motor Vehicle Body Repair Business $150
509 Motorized Vehicles Rental $50 per vehicle
300 Multiple Pet Location
License Fee $100
Renewal Fee $25
Impound Fee $25
300 Poultry
Initial fee $100
Annual renewal fee $25
Impound fee $25
220 Rental Housing Annual License
Single rental unit $100
Two rental units $150
Three rental units $210
Four rental unit $270
Five or more units $270 plus $12 per unit over
four units
License renewal late fee if more than 150% of the annual license fee
seven days late
License fee to reinstate after revocation 150% of the annual license fee
or suspension
License transfer fee $25
License reinstatement fee for
properties that were posted for not
complying with correction orders or
license renewals
1-30 days $250
31+ days $500
Renting prior to obtaining a license 125% of the annual license
Reinspection fee after second
inspection
Single, duplex, triplex $100
Four or more units $300
31 Pawn Shops
Annual license fee $3,000
Monthly transaction fee $3 per transaction
Reporting failure penalty $4 per transaction
Investigation fee $400
14 Peddlers/Solicitor $60 per peddler
23 Public Dance $75
13 Retail Gasoline Sales $60
Private Gasoline Pump $30 per location
602, 603, 606 Social Skill Game Tournament Service $100 annually
Provider
16 Street Vending
$50
Industrial/commercial
Residential $70
Both $100
12 Tobacco License $125
12 Tobacco Product Shop
License fee $400
Investigation fee $100
104 Tree Management License $150
19 Used Motor Vehicles License $150 per year
Section 3
That the Fridley City Code be hereby amended by repealing Chapter 16, Street Vending as follows:
FRIDLEY CITY CODE
CHAPTER 16. STREET VENDING
16.01. LICENSE REQUIRED
Except under a license as provided herein, no person shall operate a vehicle in the City of Fridley
for the purpose of dispensing or vending confections or other goods directly from a vehicle
without a license to do so first being obtained, or contrary to the terms of such license. This
Chapter does not apply, however, to any person using a vehicle for the delivery of goods or
services directly to homes or establishments when the goods are taken by the operator of the
vehicle onto private property for such delivery. (Ref. 183)
16.02. APPLICATION
The application for a license shall be made to the City Clerk and shall describe the vehicle or
vehicles from which such vending operations are to be carried on, as well as the names and
addresses of all persons interested in such business and its operation. The application shall also
describe the types of confections or other goods which are to be sold from said vehicle and the
areas of the City in which the business is proposed to be carried on. The application shall also set
forth the names of the insurers providing liability coverage on the vehicle or vehicles to be used
and the amount of the coverage carried. The application shall be accompanied by the annual
license fee. If the application for a license is denied, the fee shall be refunded to the applicant.
16.03. ROUTES AND HOURS OF OPERATION
No person licensed under this Chapter shall carry on a vending operation upon any street or
public place which is other than as provided under the terms of such license. Such operations may
be carried on only between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m. in
any area zoned commercial or industrial, and only between the hours of 1:00 P.M. and 4:30 p.m.,
and 6:30 to 8:00 p.m. in any area zoned residential or other than commercial or industrial. At least
ten (10) days before the commencement of operations, the licensee shall file with the City for
approval by the City Manager, the proposed area in which the vehicles so licensed will travel each
day while within the City. The licensee shall at all times operate on streets only as are approved
within such areas; and changes in the area shall be filed with the City manager at least ten (10)
days in advance of making any change. If the City Manager shall deny use of any street within the
area, the licensee may appeal the ruling of the City Manager to the City Council for determination.
At no time, however, shall the licensee operate a vehicle on and over any street that is not
approved. Only such streets within the area shall be approved as would minimize the danger of
injury by hazards of traffic to persons who may be customers of such vehicle, and also as would
minimize traffic difficulties which may arise out of the operation of the vehicle for such purposes.
A vehicle may be licensed to operate exclusively in areas of the City zoned "Commercial" or
"Industrial"; or it may be licensed to operate exclusively in areas zoned "Residential" or "Other
than Commercial or Industrial"; or it may be licensed to operate in all areas of the City. No vehicle,
however, shall be operated in any area of the City which is zoned. different than that for which
the same is licensed. In the absence of proof to the contrary, a vehicle parked or left standing on
any street or public place is deemed to be there for business operations.
16.04. FEE
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
16.05. SAFETY REQUIREMENTS
1. Insurance.
Every licensee shall maintain liability insurance with respect to the operation of any vehicle used
in such business. The liability coverage of such insurance shall be in an amount of at least $50,000
for single injuries and at least $100,000 for each accident with respect to personal injuries,
together with at least $5,000 for property damage.
2. Parking.
When engaged in any vending operations, the vehicles used shall be parked at the curb of any
street upon which the vehicle stands, and the vending shall be done only at the curb side of
vehicle. When the vending is carried on near any school or other similar place, the vehicle used
shall be parked at the curb side of the street nearest the school, or at a place next to such school
or other similar public place as is safe and makes it reasonably unnecessary for a customer to
cross a street or thoroughfare upon which there is traffic to reach such vehicle from the school or
such other similar public place. At all times the vehicle used shall be stopped or parked only in
such place as will not obstruct or cause a hazard to traffic and which creates no danger of injury
to customers of the vehicle. Each vehicle shall be equipped with flashing lights on both the front
and rear of the vehicle, which lights shall be clearly visible to oncoming traffic in full daylight.
3. Operators.
No vehicle used in such vending operation shall be moved backward if:
A. There is congregated a substantial number of people.
B. There can reasonably be expected in and about such vehicle persons of minor age,
infirmity or disability.
C. Movement in such direction threatens injury to any person in and near such vehicle.
A vehicle operator shall at all times give adequate warnings to keep all persons clear of such
vehicle while the same is in movement.
4. Warning.
The vehicle used shall carry such signaling or warning devices as will enable the attendant
reasonably at all times to give adequate warnings as required herein. Except as permitted by
Section 16.05.5, no vehicle or equipment shall operate any device that shall produce any noise or
sound for the purposes of attracting persons to the vending truck. (Ref. 243)
5. Exception for Food/Beverage Vehicles.
Not withstanding any other provision to the contrary, food/beverage vehicles may sound a
manually operated bell, between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00 p.m.
in any area zoned commercial or industrial, and only between the hours of 1:00 p.m. and 4:30
p.m., and 6:30 p.m. to 8:00 p.m. in any area zoned residential or other than commercial or
industrial, which produces a noise level measured at a distance of 50 feet from, the source no
greater than 65 decibels, as defined in Fridley City Code Chapter 124, "Noise". (Ref. 836)
16.06. ADDITIONAL REQUIREMENTS
All vehicles used for street vending shall be subject to the applicable requirements of Chapter 11
of this Code.
16.07. ADDITIONAL PENALTY
Any licensee who violates any provision of this Chapter or who drives or operates his or her vehicle
in a careless and negligent fashion may, in addition to the usual penalties, have his or her license
revoked after hearing before the City Council, upon reasonable notice.
16.08. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code.
Passed and adopted by the City Council of the City of Fridley on this 26th day of June, 2023.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
First Reading: June 12, 2023
Second Reading: June 26, 2023
Publication: June 29, 2023