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AN ORDINANCE REGULATING WAGON VENDORS, ESTABLISHING PERMIT FEES AND
PROVIDING PENALTIES FOR VIOLATION.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1401.01 Purpose and Intent.
This Ordinance is adopted for the purpose of protecting the public health, safety,
morals, comfort, convenience, and general welfare of the citizens of the City of Oak
Park Heights, by regulating the activities of wagon vendors on the public streets of
the City of Oak Park Heights. It is not intended by the provisions of this Ordinance
to abrogate, in any way, the provisions of Minnesota Statutes regarding the licensing
of the sale of food, but it is deemed essential for the Oak Park Heights City Council
to require the issuance of a permit in order to control the hours and routes of
operation of vehicles dispensing or vending confections and to assure that insurance
and other safety requirements, as set forth herein, have been complied with.
1401.02 Permit Required.
No owner or operator of any vehicle which is used for the purpose of offering for
sale, dispensing or vending goods or confections, including but not limited to
popcorn, soft drinks, and ice cream directly from such vehicle, shall carry on such
dispensing or vending activity on the public streets of the City of Oak Park Heights
unless such vehicle is licensed by the State of Minnesota and unless the provisions of
this ordinance have been met. This Ordinance shall not apply to persons using
vehicles for the delivery of, as distinguished from offering for sale, goods or services
directly to homes or establishments where the goods are taken by the operator of the
vehicle onto private or public property for delivery. The permit shall be required,
however, to assure compliance with the provisions of this Ordinance for any mobile
unit being used on the public streets for the purpose of vending or dispensing as
aforesaid.
1401.03 Application for Permit.
A. Application for a wagon vendor's permit shall be made to the City Clerk on a
form to be provided by the City. The application shall describe the vehicle
from which said vending operations will be carried on and shall give the
names of the persons interested in said business. It shall describe the types of
confections or other goods which will be sold from said vehicle.
B. The applicant shall also set forth the names of the insurers providing liability
coverage on the vehicle and the amount of coverage carried and shall contain
the proposed hours and routes of operation. The application shall be for a
specific vehicle and shall contain the name, signature and address of the
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owner, a description of the vehicle including the serial number, the
Minnesota vehicle license number, the make and model of the vehicle, and
the number of the license issued by the Commissioner of Agriculture for the
sale of food.
1401.04 Permit Fee.
The applicant applying for a wagon vendor's permit shall, before being issued a
permit, pay to the City Clerk such sum as shall be established by City Council
resolution. The application shall be approved by the City Council. The permit shall
be nontransferable and all permits shall be for a period of one year and shall expire
on the 31 st day of December of each year.
1401.05 Hours and Routes.
No owner or operator issued a permit for vending and dispensing as aforesaid shall
carry on such activities in the City of Oak Park Heights except between the hours of
1:00 P.M. to 4:00 P.M. and 6:30 P.M. to 9:30 P.M. More than ten (10) days before
the commencement of his operations, the applicant shall file with the Chief of Police
a proposed route or routes over which the vehicle will travel each day within the
City. The applicant shall follow such route while operating within the City.
Proposed changes shall be filed with the Chief of Police at least ten days in advance
of making such changes. If the Chief of Police shall disapprove of such routes, the
applicant may appeal the ruling of the Chief to the City Council for determination.
Only such routes shall be approved as will minimize the hazard to persons who may
be customers to such vehicle and which will minimize traffic difficulties which may
arise out of such operations.
1401.06 Safetv Reauirements.
Every applicant shall maintain liability insurance in the amount of at least
$100,000.00 for single injuries and $300,000.00 for each accident, together with at
least $10,000.00 property insurance. Vehicles must be parked at the curb while
engaging in vending operations and vending shall be done only at the curb side of the
vehicle. Each vehicle must be equipped with flashing lights on both the front and
rear of the vehicle clearly visible to oncoming traffic in full daylight.
1401.07 Revocation.
Every such permit may be revoked by the City Council for violation of any provision
of this Ordinance if the permittee has been given reasonable notice and opportunity
to be heard.
1401.08 Severabilitv of Invalid Provisions.
If any provision of this Ordinance shall be held invalid, its invalidity shall not affect
any other provisions of this Ordinance that can be given effect without the invalid
provision, and for this purpose the provisions of this ordinance are hereby declared to
be severable.
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1401.09 Penaltv.
Violation of this Ordinance shall be a misdemeanor and may be punishable by a fine
not to exceed Seven Hundred Dollars ($700.00) or imprisonment not to exceed
ninety (90) days, or both. Each separate day such violation is continued shall
constitute a separate offense.
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