Loading...
HomeMy WebLinkAbout2010-03 Amending Section 1230.07 ORDINANCE NO. 2010-03 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING FARMERS MARKETS THE CITY OF EDINA ORDAINS: Section 1. Subsection 1230.01 of the Edina City Code is amended by adding the following definition: Farmer's Market. The seasonal selling or offering for sale at retail of vegetables, produce, flowers, jam, jelly, pies and similar products, occurring in a predesignated area, where the vendors are individuals who have raised or produced the products being offered for sale or have taken the same on consignment for retail sale. Section 2. Subsection 1230.07 of the Edina City Code is amended to provide as follows: 1230.07 Special Permits for Pushcarts Sidewalk Cafes and Farmers Market. Notwithstanding the requirements of this Section 1230, certain pushcarts and sidewalk cafes are permitted on sidewalks and farmers markets are permitted on City owned property subject to the requirements of this Subsection. Subd. 1 Pushcarts. Pushcarts, as defined by Section 721 of this Code, may be located on sidewalks within the area included in the plan prepared by the HRA entitled, "50th and France Commercial Area Plan" dated December 3, 1974, subject to a permit issued pursuant to this Subdivision. A. In addition to the requirements of Section 160 of this Code, no permit shall be issued for a pushcart unless the following requirements are met: 1. The pushcart must be licensed in accordance with Section 721 of this Code. 2. The applicant for a permit must possess a valid food establishment license or take-out food license, pursuant to Section 721 of this Code, for a food establishment located in the 50th and France commercial area. 3. The pushcart shall not exceed eight feet in length, four feet in width, and eight feet in height. 4. The pushcart shall be equipped with casters or wheels to permit ease of movement. 5. The pushcart shall be equipped with facilities for the disposal of trash generated by the pushcart. B. In addition to the requirements of Section 721 of this Code, the following requirements shall apply to the operation of pushcarts: 1. Pushcarts shall be parked on public sidewalks and walkways only in those locations specified in the permit. 2. Pushcarts shall be stored indoors following the close of business each day. 3. Only food or beverages for immediate consumption may be offered from the pushcart. Ordinance No. 2010-03 4. Cleaning, servicing, and maintenance of the pushcart shall be undertaken only in an area approved by the Sanitarian. C. Permits issued pursuant to this paragraph shall expire on March 31 of each calendar year. D. The number of permits which may be in force under this Subd. 1 at any one time shall not exceed six. Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to a permit issued by the City Manager pursuant to this Subdivision. Applications for a sidewalk cafe permit shall be made on forms supplied by the Clerk and shall include a plan drawn to scale which illustrates the exact location of the proposed sidewalk cafe together with distances and dimensions of the adjoining buildings, the sidewalk, the distance to and location of the traveled portion of the street and distances to all obstructions in the vicinity. The application shall be accompanied by the fee set forth in Section 185 of this Code. If the application is denied, the application fee less $100 shall be returned to the applicant. A. In addition to the requirements of Section 160 of this Code, no permit shall be issued or renewed for a sidewalk cafe unless the following requirements are met: 1. The applicant must possess a valid food establishment license pursuant to Section 721 of this Code. 2. A distance of at least 200 feet shall be maintained between the nearest point of the sidewalk cafe to the nearest point of property used for residential purposes. 3. The applicant must furnish to the Clerk, evidence that public liability insurance has been procured for any death or personal injury arising from the ownership, maintenance, or operation of the sidewalk cafe in amounts not less than $100,000 for injury to or death of one person, of $300,000 for any one incident, and not less than $50,000 for damage to property arising from any one incident. The applicant shall maintain such insurance in effect at all times during the term of the permit. The City shall be named as an additional named insured in the policy providing such insurance. 4. The applicant shall indemnify and hold the City and the City's officials and employees harmless from any loss, cost, damage and expenses arising out of the use, design, operation, or maintenance of the sidewalk cafe. 5. The area occupied by the sidewalk cafe shall abut and shall be operated as part of the food establishment operated by the applicant. No part of the sidewalk cafe shall adjoin any premises other than the applicant's food establishment. 6. The City Manager shall find that the sidewalk cafe will not unduly restrict the safe usage of the sidewalk by the public after taking into consideration the location of obstructions, vehicular traffic and other impediments to the passage of pedestrians. The City Manager shall renew a permit only upon finding that the operation of the sidewalk cafe complied with all provisions of this Subdivision and did not constitute a nuisance as defined by Section 1035 of this Code. B. In addition to the requirements of Section 721 of this Code, the following requirements shall apply to the operation of sidewalk cafes. 1. Only food or beverages for immediate consumption may be offered for sale. Ordinance No. 2010-03 2. Intoxicating liquors, beer or wine may be consumed only if the sidewalk cafe is licensed pursuant to Section 900 of this Code. 3. No expansion of the area occupied by the sidewalk cafe from that shown on the permit application shall be made. 4. No tables, chairs, furnishings, planters, railings or other obstructions shall be placed or remain on the sidewalk between November 1 and April 1 except on a day to day basis when the sidewalk cafe is open for business. 5. The applicant shall maintain the sidewalk cafe in a clean and sanitary condition as required by Section 721 of this Code. 6. The applicant shall promptly replace or repair any damage to the sidewalk or other public property caused by the applicant's use of the sidewalk as a sidewalk cafe. C. Permits issued pursuant to this Subdivision shall expire on March 31 of each calendar year. Subd. 3 Farmers Markets. Farmers markets may be located in Centennial Lakes Park subject to a permit issued by the Park Director pursuant to this subdivision. Applications for a farmers market permit shall be made on forms supplied by the City Clerk and shall include a plan drawn to scale which illustrates the exact location of the proposed farmers market. The application shall be accompanied by the fee set forth in Section 185 of this Code. If the application is denied, the application fee less $100 shall be returned to the applicant. 1. The applicant must furnish to the Clerk, evidence that public liability insurance has been procured for any death or personal injury arising from the ownership, maintenance, or operation of the farmers market in amounts not less than $100,000 for injury to or death of one person, of $300,000 for any one incident, and not less than $50,000 for damage to property arising from any one incident. The applicant shall maintain such insurance in effect at all times during the term of the permit. The City shall be named as an additional named insured in the policy providing such insurance. 2. The applicant shall indemnify and hold the City and the City's officials and employees harmless from any loss, cost, damage and expenses arising out of the use, design, operation, or maintenance of the farmers market. Section 3. This ordinance is effective immediately upon its passage and publication. First Reading: February 16, 2010 Second Reading: Waived I Published: March 4, 2010 Attest ebra A. Mange , City erk - ames B. Hovland, Mayor Citof Edina 4. The applicant shall indemnify and hold the City and the Y City's officials and employees harmless from any loss, (Official Publication) cost,damage and expenses arising out of the use,design, ORDINANCE NO.2010-03 operation,or maintenance of the sidewalk cafe. AN ORDINANCE AMENDING THE EDINA CITY CODE 5. The area occupied by the sidewalk cafe shall abut and _ CONCERNING FARMERS MARKETS shall be operated as part of the food establishment oper- - THE CITY OF EDINA ORDAINS: ated by the applicant. No part of the sidewalk cafe shall Section 1. Subsection 1230.01 of the Edina City Code is adjoin any premises other than the applicant's food es- newspapers amended by adding the following definition: tablishment. Farmer's Market.The seasonal selling or offering for sale 6. The City Manager shall find that the sidewalk cafe will AFFIDAVIT OF PUBLICATION at retail of vegetables, produce,flowers,jam,jelly,pies not unduly restrict the safe usage of the sidewalk by the public after taking into consideration the location of ob- and similar products,occurring in a predesignated area, structhe where the vendors are individuals who have raised or pro- passage ons,vehicular traffic and other impediments n the STATE OF MINNESOTA ) duced the products being offered for sale or have taken passage lypedestrians. The CityManagershallrenewa Ss. the same on consignment for retail sale. permit only upon finding that the operation of the sidewalk cafe complied with all provisions of this Subdivision and COUNTY OF HENNEPIN ) Section 2. Subsection 1230.07 of the Edina City Code is did not constitute a nuisance as defined by Section 1035 amended to provide as follows: of this Code. Richard Hendrickson, being duly sworn on 1230.07 Special Permits for Pushcarts Sidewalk B. In addition to the requirements of Section 721 of this an oath,states or affirms that he is the Chief Cafes and Farmers Market. Notwithstanding the re- Code,the following requirements shall apply to the oper- quirements of this Section 1230, certain pushcarts and ation of sidewalk cafes. Financial Officer of the newspaper(s)known sidewalk cafes are permitted on sidewalks and farmers 1. Only food or beverages for immediate consumption as markets are permitted on City owned property subject to may be offered for sale. Edina Sun-Current the requirements of this Subsection. Subd. 1 Pushcarts. Pushcarts, as defined by Section 2. Intoxicating liquors,beer or wine may be consumed 721 of this Code,may be located on sidewalks within the only if the sidewalk cafe is licensed pursuant to Section area included in the plan prepared by the HRA entitled, 900 of this Code. and has fUII knOWled e Of the faC1S Stated "50th and France Commercial Area Plan"dated Decem- 3. No expansion of the area occupied by the sidewalk g ber 3, 1974, subject to a permit issued pursuant to this cafe from that shown on the permit application shall be below: Subdivision. made. (A)The newspaper has complied with all of A. In addition to the requirements of Section 160 of this 4. No tables, chairs, furnishings, planters, railings or the requirements constituting UaIIfICa Code,no permit shall be issued for a pushcart unless the other obstructions shall be placed or remain on the side- d g q following requirements are met: walk between November 1 and April 1 except on a day to tion as a qualified newspaper as provid- 1. The pushcart must be licensed in accordance with day basis when the sidewalk cafe is open for business. ed by Minn. Stat. §331A.02, §331A.07, Section 721 of this Code. 5. The applicant shall maintain the sidewalk cafe in a and other applicable laws as amended. 2. The applicant for a permit must possess a valid food clean and sanitary condition as required by Section 721 pp establishment license or take-out food license,pursuant of this Code. (B)The printed public notice that is attached to Section 721 of this Code,for a food establishment lo- 6. The applicant shall promptly replace or repair any was published In said newspaper(s) cated in the 50th and France commercial area. damage to the sidewalk or other public property caused once each week,for one successive 3. The pushcart shall not exceed eight feet in length,four by the applicant's use of the sidewalk as a sidewalk cafe. week(s); it was first published Thfeet in width,and eight feet in height. C. Permits issued pursuant to this Subdivision shall ex- p on urs- day,the 4 da of March The pushcart shall be equipped with casters or wheels pire on March 31 of each calendar year. y y to permit ease of movement. Subd.3 Farmers Markets. Farmers markets may be lo- 2010, and was thereafter printed and 5. The pushcart shall be equipped with facilities for the cated in Centennial Lakes Park subject to a permit issued published on every Thursday to and In- disposal of trash generated by the pushcart. by the Park Director pursuant to this subdivision. cations for a farmers market permit shall be madeeon on eluding Thursday, the day of B. In addition to the requirements of Section 721 of this forms supplied by the City Clerk and shall include a plan 2010;and rinted Code,the following requirements shall apply to the oper- drawn to scale which illustrates the exact location of the p ation of pushcarts: proposed farmers market. The application shall be ac- below is a co of the lower case alpha-copy 1. Pushcarts shall be parked on public sidewalks and companied by the fee set forth in Section 185 of this Code. bet from A to Z, both inclusive, Which Is walkways only in those locations specified in the permit. If the application is denied,the application fee less$100 shall be returned to the applicant. hereby acknowledged as being the size 2. Pushcarts shall be stored indoors following the close 1. The applicant must furnish to the Clerk,evidence that and kind of type used in the composition of business each day. public liability insurance has been procured for any death and publication of the notice: 3. Only food or beverages for immediate consumption or personal injury arising from the ownership, mainte- p may be offered from the pushcart. nance,or operation of the farmers market in amounts not abcdefghijklmnopgrstuvwxyz 4. Cleaning,servicing,and maintenance of the pushcart less than$100,000 for injury to or death of one person,of shall be undertaken only in an area approved by the San- $300,000 for any one incident,and not less than$50,000 itarian. for damage to property arising from any one incident. The applicant shall maintain such insurance in effect at all C. Permits issued pursuant to this paragraph shall expire times during the term of the permit. The City shall be on March 31 of each calendar year. named as an additional named insured in the policy pro- D. The number of permits which may be in force under viding such insurance. BY: this Subd.1 at any one time shall not exceed six. 2. The applicant shall indemnify and hold the City and the Subd.2 Sidewalk Cafes. Sidewalk cafes may be lo- City's officials and employees harmless from any loss, CFO cated on sidewalks subject to a permit issued by the City cost,damage and expenses arising out of the use,design, Manager pursuant to this Subdivision. Applications for a operation,or maintenance of the farmers market. sidewalk cafe permit shall be made on forms supplied by Section 3. This ordinance is effective immediately upon the Clerk and shall include a plan drawn to scale which il- is passage and publication. Subscribed and sworn to or affirmed lustrates the exact location of the proposed sidewalk cafe together with distances and dimensions of the adjoining First Reading: February 16,2010 before me on this 4 day of buildings,the sidewalk,the distance to and location of the Second Reading: Waived Marchtraveled portion of the street and distances to all obstruc- Published: March 4,2010 2010. tions in the vicinity. The application shall be accompa- Attest nied by the fee set forth in Section 185 of this Code. If Debra A.Mangen City Clerk James B.Hovland.Mayor the application is denied, the application fee less$100 shall be returned to the applicant. (March 4,2010)d1-Ord 2010-3 Farmers Markets A. In addition to the requirements of Section 160 of this Code,no permit shall be issued or renewed for a sidewalk Notary Public cafe unless the following requirements are met: 1. The applicant must possess a valid food establishment license pursuant to Section 721 of this Code. 2. A distance of at least 200 feet shall be maintained be- MARY ANN CARLSON tween the nearest point of the sidewalk cafe to the near- NOTARY PUBLIC—MINNESOTA est point of property used for residential purposes. MY COMMISSION EXPIRES 1-31-14 3. The applicant must furnish to the Clerk,evidence that t public liability insurance has been procured for any death 41 or personal injury arising from the ownership, mainte- nance,or operation of the sidewalk cafe in amounts not less than$100,000 for injury to or death of one person,of $300,000 for any one incident,and not less than$50,000 for damage to property arising from any one incident. The applicant shall maintain such insurance in effect at all times during the term of the permit. The City shall be named as an additional named insured in the policy pro- viding such insurance.