CHAPTER 114:  FOOD SALES





114.01   Definitions

114.02   Permit required

114.03   Business permit

114.04   Special one-day permit

114.05   Downtown Gold Rush food permit

114.06   Fee

114.07   Duration

114.08   Mobile Food Unit




§ 114.01  DEFINITIONS.


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


CITY PERMIT. A permit for the sale of food issued by the City Clerk/Treasurer for the sale of food or foodstuffs in the city.


CONSIDERATION. Any form of value, whether in money, goods, services, or other forms of value exchanged for food or foodstuffs.


ENTITY. Any person, organization, corporation, partnership, or other business organization.


FOOD. All items edible and intended for human consumption, other than liquid beverages.


HEALTH PERMIT. A current valid authorization from the state or county which certifies that the holder has been inspected and authorized to sell food or foodstuffs.


MOBILE FOOD UNIT. An outdoor food and beverage service established that is a vehicle mounted unit, either motorized or trailered.


SALE. The distribution, purveying, or exchange of food or foodstuffs for human consumption for consideration.

(Prior Code, § 514.1)




No person or entity shall be allowed to engage in the sale of food or foodstuffs within the city’s boundaries without first obtaining a health permit and a city permit from the city.

(Prior Code, § 514.2)  Penalty, see § 10.99





A one-year permit will be used only to established food businesses within the city limits.

(Prior Code, § 514.3)





A special one-day food permit can be issued to organizations conducting their meetings within the city.

(Prior Code, § 514.4)





A special food permit can be issued for the event of Downtown Oronoco Gold Rush Antique and Flea Market which is scheduled annually for the third weekend in August consisting of four days.


(A)  A limit of 25 permits will be issued.


(B)  For the purpose of public safety, sanitation, and organized control these permits will be issued at the discretion of the Downtown Oronoco Gold Rush Committee, and to be reviewed annually for approval.

(Prior Code, § 514.5)



§ 114.06  FEE.


The fee for the issuance of the city permit shall be payable to the city. The fee is set by the Fee Schedule and is subject to change.

(Prior Code, § 514.6)



§ 114.07  DURATION.


(A)  One day;


(B)  Three days; and

(C)  One year, commencing on January 1, through December 31, of the year.

(Prior Code, § 514.7)





(A) License application required.


(1)   No person or business shall vend from a Mobile Food Unit within the City unless a license to do so is obtained from the City.


(2)   An application for a license shall be filed, along with all required fees set by §114.06 of the Oronoco City Code, with the city clerk. The applicant must be the owner of the Mobile Food Unit. The application shall be made on a form supplied by the city and shall contain the following information:


(a)   Trade name;


(b)   Full legal name, mailing address, email address, and telephone number of applicant;


(c)   Valid driver’s license number and copy;


(d)   Applicant’s State Sales ID number;


(e)   Goods to be sold;


(f)    Name and contact of commercial food supply source;


(g)   Certificate of Auto Insurance and Liability Insurance.


(1)   Insurance coverage must remain current throughout the duration of the permit;


(2)   Insurance must cover property damage and bodily injury, including death, not less than $1,000,000 per occurrence.


(3)   Each mobile food unit licensee must sign a hold harmless the city from and against all claims, damages, losses and expenses, including attorney’s fees and costs, arising out of or resulting from the applicant’s operation of a mobile food unit as permitted by this chapter.


(h)   Proof of applicable license and/or permits required by Olmsted County Public Health/ State of Minnesota Department of Health and/or Department of Agriculture;


(i)     Brief physical description of the mobile food unit, including photo, manufacturer and model number, axle weight, license plant numbers, vehicle identification numbers and dimensions;


(j)     Information regarding water, fuel, electrical supplies, and waste disposal;


(k)   Requested duration of operation set by §114.07 of the City Code;


(l)    Permission for a background check. Applicant must be in good standing, not convicted of a felony.


(B)  Operation


(1)   Operation during Downtown Oronoco Gold Rush Days:


(a)   Require an additional permit during the event should a city permit have already been obtained.


(b)    Subject to different regulations under §114.05 of the City Code and held by the organization.


(2)   No mobile food unit sales between 9 pm and 7 am. Licensees are allowed to set up one (1) hour prior to conduction food vending and allowed one (1) hour after conducting business for clean-up.


(3)   Discarding waste, liquids, gray water, garbage, litter, or refuse on city sidewalks, streets, lawn area, stormwater drains or fields, or trash receptacles is prohibited. Licensees are responsible for clean-up and trash removal generated from their operation.


(4)   Using utilities from public property and right-of-way is prohibited unless written permission is obtained from the homeowner and/or the City. A unit must provide an independent power source that is screened from public view. Propane tanks must by attached or secured to the mobile food unit and must be adequately ventilated.


(5)   Licensee must comply with all parking, signage, lighting, and noise regulations.


(a)   Units may not impede pedestrian movement or parking; no operation allowed on sidewalks.


(b)   The use of any outside sound amplifying equipment, televisions or similar visual entertainment devices, lights, or noisemakers, such as bells, horns, or whistles are prohibited.


(6)   Licensee shall collect and remit applicable Minnesota and city sales tax.


(7)   Food sold and served may not be prepared or stored at a private residence.


(8)   An out-of-service unit shall be treated as an inoperable vehicle and follow city code §72.07. Outside storage of an operable unit is only permitted in M1 zoning.


(9)   Licensees shall comply with the National Fire Protection Associations’ Standards and Fire protection of Commercial Cooking Operations. A properly rated fire extinguisher must be in the mobile unit.


(10)  Licensees are prohibited from selling or serving alcohol.


(11)  Mobile units may only operate in approved locations and/or on approved streets. Operation on private property requires written notice from the property owner.


(12)  Mobile food units or vehicles are prohibited from obstructing the ingress and egress from commercial buildings during the building hours operation.


(13)  Mobile units must not be located closer than 100 feet from any restaurant and/or its outdoor dining area during normal business hours, unless written permission is given by the restaurant proprietor. Distance is measured from the entrance or outdoor seating area, whichever is closer.


(14)  Mobile units may not have a drive-through.


(C)  Denial, Revocation, and suspension


(1)   A licensee must comply with all laws, ordinance’s, regulations, parking and posted signs.


(2)   All license applications shall be submitted to the city clerk for review/approval. License applications and current licenses may be denied, revoked, or suspended for good cause. The City shall mail written notice describing the reasons for denial, revocation, or suspension of a license covered by this article. The license may then demand a hearing before the city council by delivering a written demand to the city clerk within ten business days after the notice of denial, revocation or suspension is mailed. Such appeal shall be heard at the first regularly scheduled meeting of the city council thereafter. For the purpose of this section “Good Cause” shall include, but not be limited to:


(a)   The manner, or proposed manner, of operating the mobile food unit or vehicle violates any local, State, or federal law.


(b)   Licensee of any employee or agent of the licensee are convicted of any crime relating to the operation of the mobile food unit or vehicle.


(c)   Licensee or any employee or agent of licensee made omissions, deceptive statements, and/or false statements of material fact to city staff; or


(d)   Failure to timely pay licensee fee or previous pattern of operation without license.


(D) Penalty

Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs to continues.


(E)  Liability for crime of another

Every person who commits or attempts to commit, conspire to commit or aids and abets in the commission of any act constituting a violation of this ordinance or any act which constitutes an omission and, therefore, a violation of this ordinance whether individually or in connection with one or more persons or as principal, agent, or accessory shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense.


(F)  Severability

If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that findings shall not serve as invalidation or affect the validity and enforcement of any other section or provision of this ordinance.


(G) Effective date

This ordinance becomes effective from and after its passage and publication. (11-19-2019)