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Ordinance 24 - ____ <br />An Ordinance Amending Chapter, 38, Section 414 of the City of Elk <br />River, Minnesota, City Code <br />The City Council of the City of Elk River, Minnesota does hereby ordain as follows: <br />SECTION 1. That City of Elk River City Code Section 38-414. Restrictions. Shall be amended as <br />follows: <br />(d)For mobile food units. <br />(1)State license. Mobile food units shall hold a valid license from the State of Minnesota <br />Department of Health or Department of Agriculture. Any conditions of the State Health <br />Department shall be incorporated into the license issued under this section, in addition to <br />any other conditions by the City of Elk River. <br />(2)Insurance. A certificate of insurance that has been issued to the applicant by an insurance <br />company authorized to do business in the State of Minnesota verifying the applicant is <br />insured against claims arising out of all operations of such applicant under this chapter for <br />the sum of at least $1,000,000.00 against liability for bodily injuries and for at least <br />$1,000,000.00 against liability for damage or destruction of property. The city shall be <br />endorsed as an additional insured on the certificate of insurance on public property <br />including right-of-way. Certificate of insurance must contain a provision requiring at least <br />30 days' advanced written notice to the city, or ten days' written notice for non-payment <br />of premium notification be sent to the city should the policy be cancelled before its stated <br />expiration date. <br />(3)Hold harmless. A mobile food unit operating on city property, including public right-of-way, <br />must submit a signed statement that the licensee shall hold harmless the city and its <br />officers and employees, and shall defend and indemnify the city and its officers and <br />employees for any claims for damage to property or injury to persons which may be <br />occasioned by any activity carried on under the terms of the license. <br />(4)Duration of sales. A license shall be valid for one year but the mobile food unit can't operate <br />in, or in front of, the same location for more than 21 days each year within the City of Elk <br />River. <br />(5)Overnight storage. No overnight storage of a mobile food unit shall be permitted unless <br />approved by council. <br />(6)Signs. No signage shall violate the provisions of this Code relating to size and number of <br />business signs. <br />(7)Noise. No shouting, blowing a horn, ringing a bell, or use of any sound devices upon any <br />of the streets, alleys, parks, or other public places of the city or upon any private premises <br />in the city. Ice cream trucks traveling through a residential district may have outdoor <br />music or noise-making devices to announce their presence. <br />(8)Parking. Mobile food units must be located on an paved approved surface. Approved <br />surfaces include: asphalt, concrete, and class 5 or crushed concrete compacted to a dust <br />free surface. A mobile food unit may not operate in a traffic lane, on a sidewalk, or in any <br />Page 78 of 99