The proposed ordinance makes four primary changes to the mobile food unit ordinance.

1. Eliminates the temporary license. The current ordinance allows for a mobile food unit operator to obtain a temporary license for free. The temporary license allows operation in the city for up to 10 days in a calendar year. The amount of staff time it takes to monitor mobile food units under the temporary license is significantly greater than the time to monitor annual licenses. Eliminating the temporary license should not have an adverse impact on any mobile food unit operator, the fee for the annual license is currently set at $50/year and should not be a barrier to entry for any food truck wishing to operate within the city limits.A review of comparable cities' ordinances indicates Shakopee's license fee is lower than most, even for a temporary license. Staff does not believe the temporary license, and the tracking involved serves any public policy purpose, as all food trucks are accountable to follow the ordinance regardless of their status as temporary or annually licensed.

2. Allows mobile food units to operate year round if certain conditions are met.  The current standard which only allows  mobile food units to operate between April 1 and November 15 of a given year is based upon the lack of capacity for the State of Minnesota to inspect mobile food units for cold weather operation. This amendment to the ordinance allows food truck operators who are licensed and inspected in another jurisdiction that allows year round operation to operate year round in Shakopee. When a permit from one of these other jurisdiction is supplied as part of the application for a License in Shakopee, staff will issue the full year license. Those mobile food units inspected by jurisdictions that do not inspect for cold weather operation will not be issued a full year license and will be restricted to operations between April 1 and November 15.

3. Allows mobile food units to operate in the same location for up to 21 days in a 60 day period. The current ordinance only allows for 21 days in a location per year. After staff discussion, the public policy concerns with this section of the ordinance are that (a) a mobile food unit does not become a permanent fixture in a location and (b) that a mobile food unit is not interfering for an extended period of time with a bricks and mortar food establishment.  Staff suggests that requiring the mobile food units to move on occasion is appropriate and that there are not likely to be any concerns arising from making this change. Along side of this change, we anticipate a somewhat more strict enforcement of the existing code that requires mobile food units to operate on private property, in a location that does not create safety or infrastructure hazards.

4. Requires refuse containers to be provided by mobile food truck operators at their location.

Staff has discussed these changes across departments and recommends these changes. Mobile food units generally do not cause concerns related to safety or general public welfare. However, we do plan to work with food truck operators to ensure that their placement and locations are safe and compliant with this ordinance.