On the agenda: Faribault meeting — data center (Feb 2)

City Council Joint Committee
THE FARIBAULT CITY COUNCIL – JOINT COMMITTEE HAS RESUMED MEETING IN PERSON.
ATTENDEES WILL BE REQUIRED TO PRACTICE SOCIAL DISTANCING AND WEAR FACE
COVERINGS (MASKS) WHILE AT CITY HALL IN ACCORDANCE WITH THE REQUIREMENTS
OF EMERGENCY EXECUTIVE ORDER 20-81 ISSUED BY GOVERNOR WALZ ON JULY 22,
2020.
A ZOOM MEETING WILL ALSO BE AVAILABLE:
CALL IN NUMBER: 1 312 626 6799; MEETING ID: 825 9473 5664; PASSCODE: 717205

1. Call To Order
A. 1. Agenda
Documents:
1. 2021-02-02 JOINT AGENDA.PDF
2. 2. CivicClerk Agenda Management Software
Documents:
2. CIVICCLERK AGENDA MANAGEMENT SOFTWARE DISCUSSION.PDF
3. 3. Review Monthly Financial Summary Report
Documents:
3. REVIEW MONTHLY FINANCIAL SUMMARY REPORT.PDF
4. 4. Update Official Downtown Parking Map
Documents:
4. UPDATE OFFICAL DOWNTOWN PARKING MAP.PDF
5. 5. Food Trucks - Registration/Regulations
Documents:
5. FOOD TRUCKS - LICENSING-REGISTRATION-REGULATIONS.PDF
6. Future Discussion
7. Adjournment (The Council May Meet As A Group For Dinner)
Please contact the City Administrator's Office if you need special accommodations while attending
this meeting

Minn. Stat. § 13D.021 – Meeting by Telephone or Other Electronic Means; Conditions
- Minn. Stat. § 13D.021 provides that a meeting of a public body may be conducted via
telephone or other electronic means if meeting in a public location is not practical or prudent
because of a health pandemic or declared emergency.

City Council Joint Committee
Tuesday, February 2, 2021 at 6:00pm
City Hall – City Council Chambers
AGENDA
THE FARIBAULT CITY COUNCIL – JOINT COMMITTEE HAS RESUMED MEETING IN PERSON.
ATTENDEES WILL BE REQUIRED TO PRACTICE SOCIAL DISTANCING AND WEAR FACE
COVERINGS (MASKS) WHILE AT CITY HALL IN ACCORDANCE WITH THE REQUIREMENTS OF
EMERGENCY EXECUTIVE ORDER 20-81 ISSUED BY GOVERNOR WALZ ON JULY 22, 2020.
A ZOOM MEETING WILL ALSO BE AVAILABLE:
CALL IN NUMBER: 1 312 626 6799; MEETING ID: 825 9473 5664; PASSCODE: 717205

1.

Call to Order

2.

CivicClerk Agenda Management Software

3.

Review Monthly Financial Summary Report

4.

Update Official Downtown Parking Map

5.

Food Trucks - Licensing/Registration/Regulations

6.

Future Discussion

7.

Adjourn

(The Council may meet as a group for dinner)

Please contact the City Administrator’s Office if you need special accommodations while attending this meeting

Council Committee Memorandum
TO:

Joint Council Committee

THROUGH:

Tim Murray, City Administrator

FROM:

Heather Slechta, Assistant to the City Administrator

MEETING DATE:

February 2, 2021

SUBJECT:

CivicClerk Agenda Management Software

Discussion:
For years, City staff has been working continuously to ensure our website
is in compliance with the American Disabilities Act, as required by ADA
Section 508 and WCAG 2.0 requirements. These requirements ensure full
access despite visual, auditory, physical, speech, cognitive, language,
learning, and neurological disabilities. While nearly all of the content on our
website itself is considered compliant, we’ve discovered some of our
meeting documents were not, due to paper-to-pen signatures being used,
and because we’re physically scanning in signed papers, turning them into
an inaccessible (according to the above-mentioned standards) PDFs.
City staff has taken part in several trainings to bring our meeting
documents into compliance, but it’s a very involved process, and not
something that can be done in batches; instead, we’re manually making
them accessible, document by document. Since our citizens are more
dependent on digital self-service tools than ever before, the risk is too great
to have inaccessible information, content, or resources. And, with lawsuits
and penalty fines as the consequences for non-compliance, we began
looking for a fully compliant software and this led us to CivicClerk.
CivicClerk is a comprehensive tool that will aggregate information, reports,
approvals and notes in a single, transparent cloud-based repository.
CivicClerk will allow for Staff to create agenda items including resolutions,
ordinances, reports and attachments and submit for approval. Once items
have been created Department Directors will be notified via email that
items are ready for review and approval. As soon as all items have been
reviewed and approved, the agenda will be generated and published to the
website. CivicClerk will also allow for quick and easy updates and changes
to the agenda, providing the most accurate and up-to-date information.
The Council, Board and Commission members and the public will be able
to view the agenda and meeting on any electronic device just as they are

able to do today. CivicClerk will allow the Council and Board and
Commission members to have a personal, secure location to review and
take notes on all meeting content through their Board Portal. During
meetings the Board Portal integrates with the live meeting manger to allow
officials to refer to their notes and annotations as well as to capture notes
throughout the meeting. Officials would also be able to vote electronically
if they so choose.
The Citizens Portal will continue to feature agenda and packet information
in both PDF and HTML formats. It will also provide a side-by-side agenda
and video display with our on-line live meeting streaming platform.
Attachments:
• CivicClerk Agenda Management System Quote

AG E N DA M A N AG E M E NT S YS TE M

Faribault, Minnesota
JA N UA RY 14 , 2 0 21

Karen Bond | CivicClerk Account Executive | [email protected] | 913-291-3880
302 S. 4th Street | Manhattan, KS 66502 | 888-228-2233 | www.civicplus.com
PAG E 10 0

C I V I CC LE R K AG E N DA M A N AG E M E NT S YS TE M

Project Cost
Pricing is valid for 60 days from January 14, 2021.

Development

Implementation

•

•

Typical project timeline – eight to fourteen
weeks

•

Two hours virtual consulting

•

Eight hours virtual training

Agenda Management
– Up to ten boards
– Custom-developed templates (two Agenda
Templates, one Staff Report Template,
one Minutes Template, one Agenda Script
Template)
– System-generated staff reports

•

Live Meeting Management
– Record minutes including motions, votes,
speakers, and discussion
– Display Pages
– Electronic Voting

•

Annual Services
•

Hosting and security

•

Software maintenance including service patches
and system enhancements

•

24/7 Technical support and access to the
CivicPlus community

•

Dedicated Client Success Manager

Analytics module access
– Create and save custom individual
views and organizational views
– Export views as .XLS and .CSV files

•

Unlimited users

•

Unlimited storage

•

Google Drive, OneDrive, and Dropbox
integrations

•

Public Portal and Accessibility Portal

•

Board Portal

Year 1 (one-time + annual)

$11,536

Year 2 (annual recurring services)

$7,938

PAG E 1

CivicPlus Project Pricing & Invoicing
CivicPlus has endeavored to meet Faribault’s needs and expectations for your new CivicClerk System based on
the information provided. The investment proposal included is subject to change should additional functionality,
custom development, or project enhancements, outside of the included scope, are added before contract signing.
CivicPlus prices on a per-project, all-inclusive basis. This type of pricing structure eliminates surprise costs, the
uncertainty of paying by the hour, and is overall more cost-effective for our clients. It provides you with a price
based on the products and features listed in this proposal that only varies if additional functionality of work,
outside of the original project scope, is requested. We understand local governments must look beyond just
functionality and that multiple factors come into play when determining which vendor can meet not only your
functional needs but also your budgetary requirements.

CivicPlus Offers:
Standard CivicClerk Invoicing
•

Year 1 fees are due at contract signing

•

The first-year Annual Services fee is included with
your Year 1 cost

•

Subsequent annual invoicing occurs on the
anniversary of the contract signing date, and is
subject to a five percent technology fee uplift each
year starting Year 2 of your contract. First uplift is
shown in the Year 2 Annual Recurring Services fee

•

CivicPlus Advantage Invoicing
•

Zero-interest payments that divide the One-Time
Implementation expense of your project over the
first three years of your contract

•

Each payment will also include your Annual
Services and any other fees if applicable

•

May not be available with all products offered by
CivicPlus

Customized Billing/Invoicing
•

We can discuss other billing options with you
before contract signing and, if feasible, develop a
plan that works for all parties

Not available with all CivicPlus products – please
contact your sales representatives for more
details

CivicPlus wants our clients to succeed in delivering a viable, sustainable, and flexible technology solution to their
communities. We will work with you before contract signing to determine which of our billing processes will meet
both your needs for budget planning and our accounting processes.

Right to Negotiate
A successful project begins with a contract that meets the needs of both parties. This proposal is intended as a
non-binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is
to provide information on a proposed project we believe will meet your needs based on the information available.
If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants,
and insurance requirements before a final agreement is reached. We look forward to developing a mutually
beneficial contract with Faribault.

PAG E 2

C I V I CC LE R K AG E N DA M A N AG E M E NT S YS TE M

Why CivicClerk?
Clerks & Agenda Administrators

Managers & Administrators

As the primary point of contact and documentation
facilitator, clerks benefit from time-saving process
automation without having to sacrifice control.
• Custom configurations based on business
processes

As approvers, department managers and community
administrators benefit from accessible collaboration
tools and visibility into staff work.
• A user-friendly, intuitive system for all
staff members

•

•

Automated workflows

•

Versioning control

•

Customizable reporting

Total visibility into the agenda, meeting, and video
content from one system

•

Assign tasks to stakeholders

•

Access to ongoing product education and
industry-specific webinars, blog posts, and
newsletters

Elected & Appointed Officials
Elected leaders benefit from a reliable and accessible
interactive tool to prepare for and participate in public
meetings.
• Secure, individual access to meeting materials
with full-text search
•

Pre- and during meeting annotation and
note-taking functionality

•

Device agnostic

•

Electronic voting

Agenda Contributors
Item Submitters benefit from an easy-to-use interface
that makes it faster to collaborate on agendas.
• Pre-formatted staff reports
•

Versioning control

•

A dashboard display for a quick review of
outstanding task assignments

•

In-application support

Information Technology Leaders
Internal IT stakeholders benefit from peace-of-mind
and the near-elimination of system questions and
complaints.
• Secure, cloud-based hosting
•

Unlimited users and storage

•

Automatic upgrades

•

Built-in integrations with Dropbox, Microsoft’s
One Drive and Google Drive, and API availability

•

24/7/365 U.S.-based support

Citizens
Members of your community benefit from
transparency and accessibility to public meeting
content.
• PDF downloads of agendas, packets, minutes,
notices, and other documents
•

Dedicated citizen portal with email subscriptions
and full-text search

•

Side-by-side agenda and video display

•

Accessibility portal designed to WCAG 2.0 A and
AA standards

PAG E 3

AG E N DA & M E E TI N G M A N AG E M E NT

CivicClerk is a comprehensive, collaboration tool to help aggregate information, reports, approvals, and notes in
a single, transparent, cloud-based repository. CivicClerk brings teams together, fosters dialogue, and expedites
reviews and approvals, offering the critical functionality needed by every stakeholder at their crucial point in the
review and approval process.

Meeting Preparation and Item
Submission

Review and Approval from
Collaborators

Agenda Generation and
Publication

•Create agenda items and draft
staff reports
•Upload attachments
•Submit for approval

•Receive, review, and revise
agenda items
•Assign tasks with due dates
•Visually track item status

•Publish to web and send to
board members and subscribed
residents
•Easy last-minute additions and
agenda revisions

Meeting Participant Preparation

Meeting Day

Post-Meeting

•Board members and citizens view
agenda and meeting packet on
any device
•Board members create
annotations
•Available accessibility portal
designed to meet WCAG 2.0 A
and AA requirements

•Queue board members in the
Board portal to give visibility to
the current item
•Add and call speakers and run
speaker timer
•Capture motions, votes,
comments, and discussion from
the meeting
•Create video bookmarks using CP
Media - additional fees apply

•Make any necessary revisions to
meeting actions and discussion
recorded during the meeting
•Generate and distribute or publish
draft and final meeting minutes
•Use preformatted text snippets to
populate your minutes document

PAG E 4

C I V I CC LE R K AG E N DA M A N AG E M E NT S YS TE M

Features & Functionality
CivicClerk is the fastest, most intuitive way to streamline the entire agenda management process — from creating
agenda items to managing live meetings. It provides time-saving automation while allowing clerks to balance
these conveniences with manual controls and overrides. Internal collaboration with CivicClerk is easy with
customized workflows, version tracking, and built-in communication tools.
Our innovators designed CivicClerk to offer configuration flexibility so that the system can be scaled from the
most simple agenda process to the most complex. Built-in integrations and a suite of APIs make working with
other internal applications easy. CivicClerk’s user-defined roadmap ensures that the product will continue to
grow and adapt as transparency requirements and compliance expectations change.

Fully Integrated, Cloud-Based Software Suite
•

User-friendly, modern interface

•

Built-in integrations with Dropbox, Microsoft’s
One Drive and Google Drive and API availability

•

Unlimited users

•

Unlimited storage

•

Single sign-on through the CivicPlus Platform

•

Highly configurable to your agenda and meeting
management processes

•

Secure Cloud-Based Hosting

•

Automatic Updates

•

Adaptable permission settings

•

Customer-Defined Roadmap

•

Confidential attachments

•

Enhanced Analytics for Data Visibility

•

Field-level versioning

Part of the Integrated CivicPlus Platform
Our powerful CivicPlus Platform is the foundation on which all our CivicPlus solutions are built, allowing them
to work seamlessly and securely, leveraging existing data, and reducing information silos so your administrative
staff can collaborate efficiently. Administrators can take advantage of authentication using our identity
provider integrations to provide a single sign-on experience for internal users. The entire system is cloud-based,
eliminating the need for internal application management. CivicClerk is hosted in Microsoft’s Azure cloud service,
providing a stable multi-user environment while ensuring high availability and uptime.

PAG E 5

Agenda Management
Flexible, Customized Templates
Standardized templates throughout the system
provide consistency and clarity to agendas, packets,
staff reports, and minutes.

Efficiently Manage Agenda
Packets of Any Size
CivicClerk compiles your items and all the legislation,
memorandums, or supporting documentation into
a bookmarked PDF packet quickly and easily, no
matter the size of the packet. Create multiple packet
versions instantly to include or exclude specific
attachments for your different internal and external
users. Last-minute changes to the agenda or packet
can be made and published with minimal effort.
Administrators choose what they publish to the
public, internal users, and elected or appointed
officials and when the information goes out.
Automated email notifications can be enabled so all
users, both internal and external, know when the
meeting documents are published.

Convenient, Anytime Agenda
Modifications
Changes to the agenda can be made at any time by
administrators without affecting global configurations
or settings. Drag-and-drop reordering allows you to
move items and automatically renumbers everything
on the agenda. One-touch copy and move functions
enable you to duplicate or move agenda items from
meeting to meeting, eliminating the need for duplicate
data entry.

Create Agenda Items in Seconds
CivicClerk’s easy-to-use item entry allows staff
members to enter agenda items, upload attachments,
and send through the workflow with a few clicks.
Configurable field types and our embedded
text editor ensure that you are capturing all the
information needed for CivicClerk to generate
staff reports. Automated PDF file conversion and
built-in integrations with Microsoft’s OneDrive and
Google Drive simplify the inclusion of supporting
documentation and attachments.

PAG E 6

Automate Your Approvals
Process
The workflow engine in CivicClerk
streamlines the routing of your agenda
items, automates notifications, and gives full
transparency to collaborators as it passes
through the approval process. As contributors
change items, the system tracks revisions,
keeping them visible within the item fields
and on the item timeline. In-app messaging
and task assignments keep everyone in the
loop and agenda prep moving forward.

Item Title
Ordinance No. 1234: An Ordinance to Amend the Zoning Code

Ord. 1234- Zoning Code Changes

Custom Tags to Group Like
Agenda Items
CivicClerk allows administrators to set up tags that can be used by staff when creating their agenda items for
improved searching and reporting. Associate like content with pre-defined tags relevant to your community.

Agenda Management Features
•

Custom-developed agenda and staff report
templates

•

Automated PDF file conversion

•

In-app messaging

•

Bulk and single item actions to easily copy,
move, and initiate agenda items

•

Task assignment

•

Pre-formatted text snippets to save time and
provide consistency

•

Full-text search functionality

•

•

Flexible workflow and approvals engine with
visual progress indicators

Tags to link together like agenda items for
greater visibility and enhanced searching
capability

PAG E 7

Meeting Management
Automated Minutes Setup

Automatic Video Bookmarking

CivicClerk’s fully integrated Live Meeting Manager
will automatically migrate all your agenda content. No
manual pre-meeting minutes setup or agenda import
is required. Move from the meeting agenda to the Live
Meeting Manager module with a single click.

Automatically timestamp agenda items to their
corresponding discussion in the meeting video so
those watching the recording can quickly access
topics of interest.

Keep Up with the Meeting Action
Meetings move fast. Live Meeting Manager’s cloudbased platform allows you to move quickly through your
agenda items, recording official actions and discussion,
without having to wait for the system to catch up. The
clean, intuitive interface gives single-screen access to all
your meeting controls. One-click control allows you to
update your in-chamber display screens, set your video
bookmarks, and queue items in the Board Portal for your
elected and appointed officials.

Display Pages
Keep meeting participants informed and engaged by
displaying the current item, speaker, or vote results
automatically to the constituents attending the
meeting.

Flexible Voting
Minutes takers can record motions and votes instantly
in Live Meeting Manager or initiate electronic voting
when desired. Apply motions and votes to individual
agenda items or multiple agenda items as a group.

Speaker Manager
Speakers can be added to the discussion at any time
during the live meeting, while the built-in speaker
timer helps keep meetings running efficiently.

Live Meeting Management Features
•

No prep work required – agenda content
automatically pulls over into the Minutes module

•

Single screen access to all meeting controls

•

Record comments and discussion, roll call,
motions and votes, speakers

•

Bulk copy available to quickly apply motions and
the associated votes to multiple agenda items

•

Choice of pre-configured or custom-developed
minutes templates

•

Pre-formatted text snippets to save time
formatting and entering data

•

Integrated board portal with electronic voting

•

In-chamber display pages show a welcome
screen, current item name, current speaker with
countdown timer, motion made on the item,
vote count recorded for the item

•

Integrated video bookmarking with CP Media
live streaming and on-demand video service
(additional fees apply)

•

Multiple concurrent video streams with CP Media
(additional fees apply)

•

Integrated live and on-demand closed
captioning services with optional CP Media
(additional fees apply)

PAG E 8

Board Portal
Flexible Access

Interactive Meeting Tool

Your officials can choose how to access meeting
content—helping them work better, faster. Efficiently
deliver packets of any size by paper, email, Dropbox,
OneDrive, Google Drive, or post to the Board Portal.
CivicClerk is optimized for all devices, including
desktops, laptops, tablets, and smartphones. No
separate application required.

During live meetings, the Board Portal integrates
with Live Meeting Manager to allow officials to refer
to their review notes and annotations, capture notes
within a dedicated field, receive visual cues as the
agenda progresses from item to item, see speaker
information instantly, and enter electronic votes.
Chair View can also be enabled to allow the meeting
presider to call speakers and advance agenda items.

A Personal Meeting Repository
Give officials a personal, secure location to review and
take notes on all meeting content, including agendas,
supporting documents, minutes, and media.

Find What You Need- Faster
CivicClerk automatically indexes published meeting
content with Board Portal search functionality, so it
is easy for officials to find information quickly. Our
full-text search tool empowers officials to locate
past items, attachments, minutes, and agendas by
searching a keyword, date range, and more. An item
summary view allows officials to see the motions,
votes, and any comment or discussion on the item that
was recorded in the meeting minutes in an intuitive
display, preventing a manual search through full
minutes documents.

Elected/Appointed Officials Board Portal Features
•

Secure, individual access to meeting materials

•

Electronic voting from any device

•

Annotation and note-taking ability that you can
use in pre-meeting preparation as well as inmeeting note-taking

•

Chair View to allow the meeting chair to call
speakers and advance agenda items

•

Full-text search functionality provides visibility
into past meeting content including notes made
within the individual’s private notes field

•

Minutes summary view enables officials to see
motions, votes, and any comment or discussion
recorded in the meeting minutes for individual
items

•

Optimized for all devices, including desktops,
laptops, tablets, and smartphones. No separate
application required

•

Live speaker name and countdown timer visible
for each item

•

Visual cues and one-touch access to the current
discussion item

PAG E 9

Citizen Portal
Content Accessibility
It’s not enough to be transparent by
publishing your agendas and other
meeting documents online. Your
meeting content must be accessible to
all members of the public.
CivicClerk has a dedicated accessibility
portal that gives members of the public
complete access to your meeting
content. Closed captioning is also
available with our CP Media service for
live streaming and on-demand video.
Additional fees apply for CP Media and
closed captioning.

Content Transparency
Build public trust with access to fully
searchable meeting content, including
legislative decisions and public meeting
videos. Meet municipal transparency
requirements while keeping citizens
engaged and informed.

Citizen Portal Features
•

Citizen portal iframe to embed on any
webpage gives access to all meeting content
on a single page

•

Social sharing

•

Side-by-side agenda and video display with CP
Media (additional fees apply)

•

PDF downloads of Agenda, Packet, Minutes,
Notices, and Other pertinent meeting
documents

•

•

HTML agenda view hyperlinks attachments
within the meeting agenda for direct access to
specific documents

Optional Motions and Vote minutes display
updates the HTML agenda view to allow
citizens to quickly see the final disposition
of agenda items without having to read full
minutes documents

•

Accessibility portal designed to WCAG 2.0 A
and AA standards

•

Full-text search and filtering options

•

Email notifications

PAG E 10

The CivicPlus Platform
CivicClerk is part of the CivicPlus Platform, the
integrated technology platform for local government,
which means local governments minimize the need
to rely on various third-party providers for multiple
technology solutions.
•

Single Sign-On (SSO) to all of your CivicPlus
products supporting two-factor authentication
and PCI Level password compatibility

•

Easily access all purchased CivicPlus products
and integrated solutions from one dashboard and
toolbar

•

Access to a continually growing and fully
documented set of APIs in order to better connect
your organization’s processes and applications

•

Centralized data store built on the HCMS
with robust data automation and integration
capabilities

Integration Hub
Your time is too valuable to be spent downloading
finalized meeting documents and data to share
across varied communication channels. With the new
CivicPlus Integration Hub, you can create custom
integrations to connect CivicClerk with other products
on the CivicPlus Platform to automate the delivery of
that information just about anywhere.

The possibilities are endless with Integration Hub,
but here are a few examples of integrations you can
create with CivicClerk today:
•

Automatically add agenda or minute files to
the Document Center to be displayed on your
CivicEngage website after they are published in
CivicClerk.

•

Set-up a workflow to post in News Flash once you’ve
published your CivicClerk meeting documents.

Shorten your pre-meeting to-do list and send
your meeting information instantly with a custom
integration using the Integration Hub.

With the easy-to-use drag-and-drop interface, nontechnical users can build integrations for syncing
content and data between CivicPlus products or
with third parties (for an additional fee) without the
need for a developer. You can even easily create
integrations using manual import, polling, and
webhooks (for an additional cost).

PAG E 11

C I V I CC LE R K AG E N DA M A N AG E M E NT S YS TE M

Implementation
Project Timeline – Eight to Fourteen Weeks
While every CivicClerk implementation is unique, the following timeline can provide you information about the
different implementation stages and what you can expect at each stage.
Your Implementation Consultant will work with you at project kickoff to set a specific timeline for your project
based on your meeting schedule, your internal staff availability, and other factors that may be relevant to ensure
your successful go live.

1

PH A S E 1 - O N E W E E K

• Project Kickoff planning call
• Provide implementation questionnaire and
additional information request forms

PH A S E 2 - O N E TO T WO W E E K S

• Consultation session to discuss goals, existing
workflows, and best practices

PH A S E 3 - TH R E E TO S I X W E E K S

• Complete system configuration for your
review

PH A S E 4 - O N E TO T WO W E E K S

• Enter user information from user classification
listz
• Complete CP Media configuration and testing
(if applicable)
• Schedule user training sessions

PH A S E 5 - T WO TO TH R E E W E E K S

• Conduct administrative and standard user
training sessions

Project Kickoff
Consulting

3

Configuration
Finalization

5

Training

2

4

G O LI V E
PAG E 12

Implementation Plan
Implementation & Support
Experience Designed for You
CivicClerk has the experience and expertise to help
any administration, whether in a community of one
thousand or one million, to transform the entire
meeting management process. We know an agenda
management system can’t be a one size fits all
solution. Our implementation consultants will work
with your staff to apply best practices to ensure that
your CivicClerk solution is tailored and optimized for
the needs of your administration. As your organization
grows or processes and requirements change,
administrators have full access to make configuration
changes as needed so that your solution doesn’t have
to remain stagnant.
Truly intuitive software shouldn’t require weeks of
training or complex manuals to operate. We designed
our CivicClerk training process to get your staff
comfortable navigating the system and understanding
how the software fits with your specific agenda
management process. A typical standard user
staff training session takes less than an hour and
can be attended virtually or on-site, depending on
your preference. After training, your users will feel
empowered by our in-application support tools, a full
online help center, as well as phone, email, and live
chat support with members of the dedicated, awardwinning CivicClerk Technical Support team.

PAG E 13

C I V I CC LE R K AG E N DA M A N AG E M E NT S YS TE M

Ongoing Services
Award Winning Team
In February 2020, our Technical Support Team was
presented with a Silver Stevie® Award in the FrontLine Customer Service Team of the Year - Technology
Industries category, and a Bronze Stevie® Award in
the Customer Service Training or Coaching Program
of the Year - Technology Industries category. This is
the second consecutive year that CivicPlus’ Technical
Support Team has earned Stevie honors.

The Stevie Awards are the world’s top honors for
customer service, contact center, business
development, and sales professionals.

Around-the-Clock Service & Support
Technical & Ongoing Support

Maintenance

•

Live support personnel based in the U.S.

•

•

Weekday business hours: 7 a.m. – 7 p.m. (CST)

•

Contact via phone, email, and live chat

Regular review of site logs, error messages,
servers, router activity, and the internet in
general

•

4-hour response during business hours

•

Full backups performed daily

•

24/7 emergency support

•

Regularly scheduled upgrades, fixes,
enhancements, and OS system patches

•

Self-Service CivicPlus Help Center for tutorials
and user guides

•

Assigned Client Success Manager to ensure your
complete and ongoing satisfaction

•

Azure’s Site Recovery Services and Geographically
Redundant Storage Accounts (GRS) to provide
disaster recovery between Azure regions

•

All data is written to a GRS account which creates
copies of that data in data centers across multiple
Azure regions - data is always accessible

•

Site Recovery Services allows us to quickly spin up
and failover to clones of our Azure Virtual Machines

Hosting & Security
•

Fully hosted within the Azure Cloud environment
using their Infrastructure as a Service (IaaS) model

•

All processing and data storage in done within
this environment using a mix of Azure Virtual
Machines and Storage Accounts

•

24/7/365 system monitoring with guaranteed
99.9% uptime (excluding maintenance)

PAG E 14

C I V I CC LE R K AG E N DA M A N AG E M E NT S YS TE M

Company Overview

At CivicPlus, we have one goal: to empower the
public sector to accomplish impactful initiatives
using innovative solutions that save them time while
connecting them to the citizens they serve. We began in
1998 when our founder, Ward Morgan, decided to focus
on helping local governments work better and engage
their citizens through their web environment. CivicPlus
continues to implement new technologies and services
to maintain the highest standards of excellence and
efficiency for our clients, including solutions for website
design & content management, recreation management,
mass communications, agenda & meeting management,
employee management, 311 & citizen requests, and
digital optimization.
Our commitment to deliver the right solutions in design
and development, end-user satisfaction, and secure
hosting has been instrumental in making us a world
leader in government web technology. We consider it a
privilege to partner with our clients and provide them
with solutions that will serve their needs today and well
into the future.
CivicClerk, a CivicPlus company, delivers years of
experience in agenda and meeting management
software as a service technology that has been designed
specifically to meet the needs of municipalities and their
staff and officials. We consider it a privilege to partner
with our clients and provide them with a solution that
will serve their needs today and well into the future.

20 +

years of experience with a focus to
help local governments

350 +

employees, many with experience
in local government

4,000 +

local government clients across
the United States and Canada

10-time Inc.
5000 Honoree

www.govtech.
com/100

PAG E 15

Council Committee Memorandum
TO:

Joint Council Committee

THROUGH:

Tim Murray, City Administrator

FROM:

Jeanne Day, Finance Director

MEETING DATE:

February 2, 2021

SUBJECT:

Review Monthly Financial Summary Report

Discussion:
The Finance Department prepares a Monthly Financial Summary Report to
the Council. This report includes Fund Reports for the General Fund (101)
and the three utility funds, Water (601), Sanitary Sewer (602), and Storm
Water (603). It also includes a report on Cash and Investments. These
are the most prominent items within the City’s finances with the majority
of the activity.
At the January 26, 2021 City Council meeting, Councilmember Ross
inquired if an overview could be provided on the document. Staff will walk
through the report and answer any questions.
Attachments:
• Monthly Financial Summary Report Sample

CITY OF FARIBAULT
MAJOR FUND FINANCIAL SUMMARY REPORT
12 MONTHS ENDING December 31, 2020
100.00%
GENERAL FUND

Revenues
Taxes
Permit & Licenses
Intergovernmental Revenue
Charges for Services
Fines & Forfeits
Miscellaneous Revenue
Other Sources
Total
Expenditures
Council
City Administration
Elections
Finance Administration
Information Services
Legal Services
Personnel Administration
Planning & Zoning
City Hall Maintenance
Police Administration
Criminal Investigation
Uniform Patrol
Police Records
Fire Administration
Fire Supression
Code Enforcement -Inspection
Emergency Management
Community Services
Public Works Administration
Street Maintenance Projects
Ice & Snow Removal
Equipment Maintenance
Street Lighting
Traffic Signs & Signals
Engineering
Community Center Administration
Community Center Building
Aquatic Center
Washington Center
Soccer Complex
Adult Programs
Youth Programs
Parks
Miscellaneous Unallocated
Mass Transit
Total
* transfer to capital funds
YTD Fund Balance Increase (Decrease)

$

$

$

$

Actual
FY 2019
6,815,718
573,028
6,668,331
2,036,267
154,623
713,887
125,000
17,086,854

Annual Budget
FY 2020
$
7,431,470
490,450
6,842,074
1,353,447
136,000
147,740
200,000
$
16,601,181

126,327 $
272,600
4,795
340,483
183,225
282,886
244,271
447,213
171,218
887,358
912,720
2,948,933
414,672
268,420
1,255,427
478,937
9,329
244,599
103,617
1,339,626
154,592
262,187
278,504
59,436
524,594
738,578
498,498
284,479
63,314
34,351
129,209
112,982
1,049,102
72,629
15,199,112 $
1,887,742
(671,434)
1,216,308

269,698
274,261
39,900
501,459
253,269
315,007
288,606
432,897
200,208
978,105
976,357
3,152,201
453,874
281,411
1,329,233
542,452
7,200
269,221
110,474
1,419,139
107,500
279,521
275,800
46,500
547,531
641,724
538,613
297,298
58,305
33,143
150,421
129,675
1,092,976
242,491
26,400
16,562,870
38,311

Actual to Date
FY 2020
$
7,159,610
581,855
7,774,992
440,265
96,234
573,808
200,001
$
16,826,766

YTD %
Collected
96.34%
118.64%
113.64%
32.53%
70.76%
388.39%
100.00%
101.36%

$

93.91%
98.99%
100.54%
93.07%
91.42%
68.21%
88.81%
95.69%
87.63%
99.63%
97.84%
98.56%
96.96%
89.97%
99.46%
92.73%
44.52%
88.38%
98.48%
99.62%
97.45%
102.00%
100.77%
100.50%
102.12%
93.76%
76.09%
20.53%
59.82%
79.77%
64.06%
34.98%
94.81%
87.33%
0.00%
93.22%

$

253,266
271,478
40,116
466,728
231,542
214,869
256,299
414,257
175,443
974,439
955,286
3,106,919
440,060
253,197
1,321,998
503,000
3,205
237,925
108,799
1,413,761
104,759
285,101
277,914
46,732
559,154
601,699
409,817
61,045
34,877
26,440
96,364
45,363
1,036,211
211,761
15,439,826
1,386,940

CITY OF FARIBAULT
MAJOR FUND FINANCIAL SUMMARY REPORT
12 MONTHS ENDING December 31, 2020
100.00%

Revenues
Charges for Services
Miscellaneous Revenue
Other Sources
Total
Expenses
Personnel Services
Supplies
Other Services & Charges
Capital Outlay
Debt Service
Other Uses
Total
YTD Fund Balance Increase (Decrease)
Depreciation
YTD Fund Balance Increase (Decrease) with depreciation

WATER FUND
Actual
FY 2019
$
3,161,829
309,743
7,330
$
3,478,902

Annual Budget
FY 2020
$
3,417,685
98,700
$
3,516,385

Actual to Date
FY 2020
$
3,536,315
214,574
3,000
$
3,753,889

YTD %
Collected
103.47%
217.40%
106.75%

$

551,649 $
564,547 $
549,528
97.34%
299,142
345,110
338,267
98.02%
615,873
626,425
630,164
100.60%
11,784,874
6,073,943
51.54%
3,787
610,610
31,081
5.09%
183,734
90,000
90,000
100.00%
$
1,654,185 $
14,021,566 $
7,712,983
55.01%
1,824,717
(10,505,181)
(3,959,095)
(612,435)
(1,100,000)
(1,100,000)
1,212,282
(5,059,095)
SEWER FUND
Actual
Annual Budget
Actual to Date
YTD %
FY 2019
FY 2020
FY 2020
Collected
$
6,232,195 $
6,275,000 $
6,511,815
103.77%
397,264
275.88%
594,185
144,000
115,410
64,681
0.00%
$
6,941,790 $
6,419,000 $
6,973,760
108.64%

Revenues
Charges for Services
Miscellaneous Revenue
Other Sources
Total
Expenses
Sewer Collection
Personnel Services
$
461,469 $
482,222 $
477,798
99.08%
Supplies
51,504
116,037
72,335
62.34%
Other Services & Charges
195,051
407,873
261,836
64.20%
Capital Outlay
1,877,500
304,905
16.24%
Other Uses
139,855
55,838
105,000
188.04%
Water Reclamation Plant
Personnel Services
855,860
897,958
936,734
104.32%
Supplies
363,747
352,650
404,567
114.72%
Other Services & Charges
958,671
1,001,616
914,076
91.26%
Capital Outlay
3,995,000
73,973
1.85%
Debt Service
351,515
1,497,285
333,285
22.26%
Other Uses
102,500
105,000
105,000
100.00%
Total
$
3,480,171 $
10,788,979 $
3,989,510
36.98%
YTD Fund Balance Increase (Decrease)
3,461,619
(4,369,979)
2,984,250
Depreciation
(1,609,974)
(1,905,000)
(1,905,000)
YTD Fund Balance Increase (Decrease) with depreciation
1,851,645
1,079,250
STORM WATER FUND
Preliminary
Annual Budget
Actual to Date
YTD %
Revenues
FY 2019
FY 2020
FY 2020
Collected
Charges for Services
$
851,195 $
980,667 $
990,806
101.03%
Miscellaneous Revenue
373,404
21,500
71,385
332.02%
Intergovernmental
95,106
4,000
Total
$
1,319,705 $
1,002,167 $
1,066,192
106.39%
Expenses
Personnel Services
$
203,304 $
212,624 $
201,424
94.73%
Supplies
28,920
46,850
41,505
88.59%
Other Services & Charges
77,007
486,985
129,128
26.52%
Capital Outlay
1,137,250
192,844
16.96%
Other Uses
2,968
Total
$
312,200 $
1,883,709 $
564,900
29.99%
YTD Fund Balance Increase (Decrease)
1,007,506
(881,542)
501,291
Depreciation
(296,773)
(400,000)
(400,000)
YTD Fund Balance Increase (Decrease) with depreciation
710,733
101,291

CITY OF FARIBAULT
MAJOR FUND FINANCIAL SUMMARY REPORT
12 MONTHS ENDING December 31, 2020
100.00%

General Fund
Fire Insurance Escrow
210
Charitable Gambling Board
211
City Rental Property Mgmt
215
Public Safety Programs
224
Library
225
Airport
240
Community Development
EDA Future Project
241
Public Housing
Security Deposits Escrow
243
Industrial Development Loan
244
Rental Housing Rehabilitation
245
Revolving Loans
247
SCDP Revolving Loans
248
Federal MIF Loans
249
Minnesota Investment Fund
254
CRV Rehabilitation Program
263‐272 TIF Districts
280
Faribault HRA
290
Economic Development Authority
292
EDA Revolving Fund
298
CARES Act-Coronavirus Relief
299
COVID-19
344‐347 Debt Service Funds
360
Equipment Certificates
401
Street Improvement Projects
404
Park Land Dedication
431
Capital Replacement Fund
437
Public Facility Projects
469
2018 Construction Projects
470
TH60 Reconstruct (2019)
471
2019 Construction Projects
472
30th St NW & TH3
473
2020 Construction Projects
601
Water Fund
602
Sewer Fund
603
Storm Water Fund
704
Worker's Compensation
705
Property Liability Reserve
873
Roberds Lake Sewer District
897
Elderly Housing Corporation
898
Robinwood Manor
Escrow Account
Total
101

CASH AND INVESTMENTS
9,402,117
18,746
Wells Fargo
55,768
4M Fund
77,558
State Bank of Faribault
76,359
Citizens Community Federal
265,626
Citizens Comm. Federal CDs
163,928
RBC
516,160
UBS Money Market
461,261
UBS Financial
10,274
16,633
239,476
187,461
97,068
Petty cash (on hand)
293,661
Escrow Accounts
621,252
13,960
46,717
115,246
760,798
308,509
TOTAL CASH
372,252
1,053,175
(83,661)
2,599,386
478,024
1,862,895
429,638
2,072,839
2,370,216
(15,214)
(350,882)
(1,122,254)
(55,521)
(198,985)
6,616,075
11,963,179
2,431,100
249,396
166,438
13,927
458,165
476,215
16,061
$ 45,551,043

Average interest Rate

174,150
770,115
5,825,275
7,213,279
499,325
27,788,562
2,290
3,225,123
$ 45,498,118

$

0.01%
0.50%
0.53%
0.30%
2.90%
1.74%
0.07%
2.39%

1,485
51,440 0.05%
52,925

$ 45,551,043

Council Committee Memorandum
TO:

Joint Council Committee

THROUGH:

Tim Murray, City Administrator

FROM:

Travis Block, Public Works Director

MEETING DATE:

February 2, 2021

SUBJECT:

Update Official Downtown Parking Map

Discussion:
The Official Downtown Parking Restrictions Map was last updated on
January 14, 2020, with the passing of Resolution 2020-013. Staff has
recently reviewed the map and identified updates necessary to reflect
changes to public parking that have occurred since the last update, along
with correcting mislabeled portions of the map. The following updates are
recommended:
1. The addition of public parking lot #3 at 27 3rd St. NW constructed in
2020.
2. The addition of accessible parking stall labels in lot #10 at the
Community Center.
3. The removal of lots # 3 and #3A from 10 Division St. W, which is
now the site of a multifamily housing development.
4. The removal of 18-hour on-street parking label from lot #10 at the
Community Center and lot #17 at the Library.
5. Replace 18-hour public parking lot label with 18-hour on-street
parking label on 5th St. NE, south of the American Legion.

Attachments:
• Amended Official Downtown Parking Restrictions Map


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Parking Details:

!
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15 Minute (8AM-7PM) (Mo-Sa)
No Parking (2AM-5AM)
15 Minute (8AM-7PM) (Mo-Sa)

!

!

Accessible Parking

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1S T ST

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On-Street Parking
90 Minute (8AM-7PM) (Mo-Sa)
No Parking (2AM - 5AM)
3 Hour (8AM-7PM) (Mo-Sa)
No Parking (2AM-5AM)

DIVISIO N ST E

DIV ISIO N ST W

10
! ! !

3 Hour (8AM - 7PM) (Mo-Sa)

Peace Park
! ! ! !

18 Hour

Public Parking Lots
3 Hour (8AM-7PM) (Mo-Sa)

COM MUNITY CENTER

!

18 Hour (Some spaces may be
designated differently)

#

17

Parking Lot Number

1ST ST SW

0

50 100

Feet
200

:

WILLOW ST

2ND AVE SW

1ST AVE SW

!
!

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1ST ST SE

Park

MILL ST

Parcel

Some parking restrictions and improvements
will be phased-in over time. If a conflict
exists between what is shown on this
map and the posted parking restrictions,
the posted parking restrictions shall apply.

Council Committee Memorandum
TO:

Joint Council Committee

FROM:

Tim Murray, City Administrator

MEETING DATE:

February 2, 2021

SUBJECT:

Food Trucks - Licensing/Registration/Regulations

Discussion:
Several years ago, the Council discussed the topic of food trucks (at the
October 3, 2017 Joint Committee meeting), as staff received questions at
times as to whether they were allowed in the city, what were the
restrictions, etc. Except as covered under the broad category of “transient
merchants”, the current City Code does not specifically address food trucks.
However, the City has allowed for food trucks, provided the operator has a
license from the Minnesota Department of Health and the food truck has a
vehicle license. Food trucks have generally been required to be located only
on private property and to not impede traffic (vehicle and pedestrian). The
main exception to this is when they have been part of a community/special
event occurring in the city.
Food trucks (Mobile Food Units as defined by the Minnesota Department of
Health (MDH)) fall under laws and regulations promulgated and enforced
by the State, through the MDH. Food trucks are required to obtain a license
from the MDH, as required under Minnesota Statutes Sec. 157.16. In
accordance with Statute 329.11, transient merchants are also required to
obtain a license from the County, and under Statute 329.15, cities are also
authorized to license transient merchants, but that does not appear to
negate the County requirement (supported by an Information Memo from
the League of Minnesota Cities). The City listed a license fee for transient
merchants on our annual Fee Schedule until 2005-2006 when it was
stricken (although it still resides in Ch. 19 of the City Code). An MDH Fact
Sheet regarding food trucks, a licensing jurisdiction map, applicable
sections of the City Code of Ordinances, referenced statutes, and pages
from the LMC Information Memo are attached.
In reviewing this topic, it is clear that a large number (if not most) of cities
in Minnesota regulate food trucks, however, to what degree varies
significantly. Some cities even designate locations on City-owned or
controlled property (such as public parking lots) where food trucks are
allowed to operate, subject to rules and restrictions. One such example is

Albert Lea—their ordinance, application forms, and location map are
attached. The regulations typically contained within a city’s ordinance
generally address some or all of the following items:
• Allowed/prohibited locations
• Days/hours of operation
• Noise limits
• Set up requirements
• Minimum separations
• Other
At a minimum, there would be a couple of primary benefits by requiring
food trucks to at least be registered for operation in the city. First, they
would have to verify that they are properly licensed by the State and carry
the necessary insurance. Second, they would be provided with local
regulations that impact their operations, such as what are allowable or
prohibited locations or other restrictions.
Staff is looking for direction from the Council on what, if any, changes
should be considered regarding licensing, registration, regulations, and
operations concerning food trucks in the city.

Attachments:
• MDH fact sheet, license jurisdiction map
• City Code of Ordinances – Ch. 19 and Sec. 25-21
• Minnesota Statutes 157.15-16, 329, and 437.02
• LMC Information Memo pages
• City of Albert Lea documents

Mobile Food Unit
PLAN REVIEW, LICENSING AND SAFE OPERATION

Definition of MFU

Safe operation

A mobile food unit (MFU) is a food and
beverage service establishment that is a
vehicle mounted unit, either:

Employee health and
hygiene

▪

Motorized or trailered, operating no
more than 21 days annually at any one
place, or operating more than 21 days
annually at any one place with the
approval of the regulatory authority.

OR
▪

Operated in conjunction with a
permanent business licensed under
Minnesota Statutes, chapters 157 or
28A at the site of the permanent
business by the same individual or
company, and readily movable, without
disassembling, for transport to another
location.

How to get started
Food and beverage establishments in
Minnesota are licensed by different
agencies. The establishment's menu and
location of operation determines which
agency is responsible for plan review and
licensing. To find out which agency is
responsible, see the Licensing website.
Contact the appropriate agency to discuss
your business plan, plan review and
licensing requirements, and obtain
applications.

Employees who have been ill with vomiting
and/or diarrhea cannot work in a food
establishment for at least 24 hours after
their symptoms end.

Handwashing
Handwashing is the single most effective
means of preventing the spread of bacteria
and viruses, which can cause foodborne
illness.
▪

Ensure your handwashing sink is set up
before you begin food preparation.
Make it easily accessible to all
employees and use it only for
handwashing.

▪

Handwashing sinks need running water,
soap, disposable towels and a trash
container.

▪

Wash hands often. It is important to
wash your hands before working with
food, clean equipment and utensils;
after smoking, eating or drinking, or
using toilet facilities; or any time hands
become contaminated.

Preventing bare hand contact
Prevent bare hand contact with ready-toeat food by wearing disposable gloves or
using utensils, deli tissue, spatulas, tongs or
other dispensing equipment.

MOBILE FOOD UNIT

Approved sources

▪

Store and handle ice safely. Ice used to
cool beverage containers must be
drained. Do not re-use this ice in drinks
or food preparation.

▪

Store damp or soiled wiping cloths in an
approved sanitizer at the required
strength.

Obtaining food, beverages and ice from
approved sources is the first step in
ensuring safe food for your customers.
▪

Prepare food in the MFU or if you need
to prepare food in advance contact your
inspector to discuss off site preparation.

▪

Food cannot be prepared or stored in a
home.

Cooking time/temperature
control for safety (TCS) food

▪

Water must be from an approved
source. Some approved sources are a
public water supply system or
commercially bottled drinking water.

Cook raw animal food according to the
internal Temperature and Time
Requirements. These include:
▪

165°F for 15 seconds for poultry

Clean and separate

▪

155°F for 15 seconds for ground meat

Cleaning and sanitizing

▪

Contaminated equipment is one common
cause of foodborne illness. Provide three
containers of sufficient size to wash, rinse
and sanitize equipment.

145°F for 15 seconds for whole muscle
meat and fish

Cold and hot holding

1. Wash in hot, soapy water.
2. Rinse in clean water.
3. Sanitize in chemicals.
Use approved chemical sanitizers such as
chlorine bleach, quaternary ammonium or
iodine. Always follow label instructions. Use
the required sanitizer solution strength and
contact time. Use a test kit to verify the
sanitizer concentration.

Preventing cross-contamination
Prevent cross-contamination of ready-toeat food from raw animal food or dirty
equipment.
▪
2

Store raw meat, poultry and fish below
ready-to-eat food.

Improper holding temperatures and times
are one common cause of foodborne
illness.
▪

Maintain cold TCS food at 41°F or
below. Frozen food must remain frozen.

▪

Maintain hot TCS food at 135°F or
above.

MOBILE FOOD UNIT

Resources
Minnesota Department of Health Food
Business Safety
(www.health.state.mn.us/foodbizsafety)
Licensing
(www.health.state.mn.us/communities/
environment/food/license/index.html)
Temperature and Time Requirements for
Food
(www.health.state.mn.us/communities/
environment/food/docs/fs/timetempfs.pdf)
Mobile Food Unit, Seasonal Temporary
Food Stand and Seasonal Permanent Food
Stand Construction Guide
(www.health.state.mn.us/communities/
environment/food/docs/license/
mobseconstgd.pdf)
Minnesota Department of Health
Food, Pools, and Lodging Services
PO Box 64975
St. Paul, MN 55164-0975
651-201-4500
[email protected]
www.health.state.mn.us

Minnesota Department of Agriculture
Food and Feed Safety Division
625 Robert Street N
St. Paul, MN 55155-2538
651-201-6027
[email protected]
www.mda.state.mn.us

JANUARY 2019
To obtain this information in a different format, call:
651-201-4500 or 651-201-6000. Printed on recycled paper.

3

(http://www.health.state.mn.us/index.html)

Licensing Jurisdiction
Food, Pools, and Lodging Services (FPLS)
Please see Minnesota State and Local Food, Pools, and Lodging Contacts (PDF)
(http://www.health.state.mn.us/communities/environment/food/docs/license/locals.pdf) to determine

who will license your establishment.

State and Local Environmental Health Delegated Agencies

Steps for licensing a new establishment
1. The owner submits plans review requirements and specifications and required fee to MDH to begin the
licensing process. Plans must be submitted and approved before construction begins. Allow at least 30
days at a minimum for plan approval. See: Plan Review
(http://www.health.state.mn.us/communities/environment/food/license/planreview.html)

2. Plans and specifications are reviewed by MDH plan reviewers. In addition to the plan review fee, there is
a separate license fee. MDH will send a license application, including the required fee with the plan
review approval report.
3. Construction may begin after you receive the plan review approval report.
4. The owner completes and submits the license application and all fees.
5. MDH schedules a final pre-opening inspection. At the inspection, if all requirements are met, approval
will be given to open and start operating the establishment.

Change of ownership on existing business
1. If you are taking over an existing business and nothing else will change, contact MDH: Licensing Contacts
(http://www.health.state.mn.us/communities/environment/food/license/contactus.html)

2. An environmental health specialist will determine fees required and give final approval if you comply with
all other requirements.
3. You cannot start operation until the application and fees are submitted and approval is granted.

Updated Thursday, 17-Dec-2020 15:39:47 CST

Chapter 19 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Footnotes:
--- (1) --Editor's note— Ord. No. 2002-24, § 1, adopted Oct. 8, 2002, amended ch. 19, in its entirety to
read as herein set out. Prior to amendment, ch. 19 pertained to peddlers, canvassers and
transient merchants.
Cross reference— Licenses and business regulations, Ch. 14; streets, sidewalks and public
grounds, Ch. 25.
State Law reference— Hawkers, peddlers, transient merchants, M.S. Ch. 329; see particularly,
sections 329.06 and 329.15; authority of city council in statutory city to restrain or license and
regulate transient merchants and dealers, hawkers, peddlers, solicitors and canvassers, M.S. §
412.221, subd. 19; power of city to regulate, control and license transient merchants, M.S. §
437.02.

Sec. 19-1. - Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
ascribed to them in this section:

Solicitor shall include any person who goes from house to house, from place to place or from
street to street, soliciting or taking or attempting to take orders for the sale of goods, wares or
merchandise, including magazines, books, periodicals, photographs or personal property of any
nature whatsoever for future delivery, or for services to be performed in the future, whether or
not such individual has, carries or exposes for sale a sample of the subject of such order or
whether or not he is collecting advance payments on such orders.

Peddler shall include any person, who goes from house to house, from place to place or from
street to street for the purpose of offering for sale, displaying or exposing for sale, selling or
attempting to sell, and delivering immediately upon sale, the goods, wares, products,
merchandise or other personal property that the person is carrying or otherwise transporting.
"Peddler" shall not include vendors of milk, bakery products, groceries, food products or ice, who
distribute their products to regular customers on established routes.

Person. Any natural individual, group, organization, corporation, partnership or association. As
applied to groups, organizations, corporations, partnerships and associations, the term shall
include each member, officer, partner, associate, agent or employee.

Regular business day. Any day during which the city hall is normally open, for the purpose of
conducting public business. Holidays defined by state law shall not be counted as regular
business days.

Transient merchant shall include any person, firm or corporation, whether as owner, agent,
consignee or employee, who engages in a temporary business of selling and delivering goods,
wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases,
uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public
room in hotels, lodging houses, apartments, shops or any street, alley or other place within the
city for the exhibition and sale of such goods, wares and merchandise, either privately or at public
auction; provided that, such definition shall not be construed to include any person, firm or
corporation, who, while occupying such temporary location, does not sell from stock, but exhibits
samples for the purpose of securing orders for future delivery only.
(Code 1971, § 20-1; Ord. No. 2002-24, § 1, 10-8-02)
State Law reference— Term "transient merchant," defined, M.S. § 329.099.
Sec. 19-2. - Applicability of chapter generally.
(a) The terms of this chapter shall not be held to apply to the acts of persons selling
personal property at wholesale to dealers in such articles, to newsboys, to merchants
or their employees delivering goods in the regular course of business, nor shall the
terms of this article be held to apply to any farmer or truck gardener who shall vend,
sell or dispose of, or offer to sell, vend or dispose of the products of the farm or garden
occupied and cultivated by him within the state.
(b) Nothing contained in this chapter shall be held to prohibit any sale required by statute
or by order of any court, or to prevent any person conducting a bona fide auction sale
pursuant to law. Exemption from the definitions for the scope of this chapter shall not
excuse any person from complying with any other applicable statutory provision or
local ordinance.
(Code 1971, § 20-2; Ord. No. 2002-24, § 1, 10-8-02)
State Law reference— "Any person may sell or peddle the products of the farm or garden
occupied and cultivated by him without obtaining a license therefor." Minn. Const., art. XIII, § 7.
See also, M.S. §§ 329.08, 329.14, relating to county licenses.
Sec. 19-3. - Licensing and exemptions.
(a)

City license required. Except as otherwise provided by this chapter, no person shall
conduct business as either a peddler or a transient merchant without first having
obtained a license from the city. Solicitors need not be licensed.
(b) Exemptions. The terms of this section do not include:
(1) The acts of merchants or their employees in delivering goods in the regular course
of business.
(2) The sale of farm or garden products by the person producing the same or where
the products are sold at a "farmer's market".
(3) Children, age eighteen or younger, soliciting for school sponsored activities.
(4) Children, age eighteen or younger, soliciting for such organizations as the "Boy
Scouts" or "Girl Scouts" where the children soliciting are members of the
organization and where the proceeds of the sale are mainly devoted to the benefit
of children.
(5) Organizations selling Christmas trees at sites approved by the city.
(6) "Garage" or "estate" sales.
(7) Solicitations by any organization for the philanthropic, religious or educational
causes if the following procedure has been accomplished: the requesting entity
must file an application in writing, on a form to be furnished by the city clerk, which
shall give the following information:
a. Name and purpose of the cause for which exemption is sought.
b. Name of the individual in the organization responsible for the peddling or
solicitations.
c. Names and addresses of the individuals who will actually be doing the peddling
or solicitation.
d. Period during which the peddling or solicitation is to be carried on.
e. Certificate of nonprofit status from the state where organized.
(c) Application. Application for a city license to conduct business as a peddler or transient
merchant shall be made at least fourteen (14) regular business days before the
applicant desires to begin conducting business. Notwithstanding that the business may
be a corporation or other entity, each individual who will engage in the business of
peddling or transient merchant shall make application on a form approved by the city
council and available from the office of the city clerk. All applications shall be signed by
the applicant. All applications shall include the following information:

(1) Applicant's full legal name.
(2) A physical description of the applicant (hair color, eye color, height, weight,
distinguishing marks and features, and the like).
(3) Full address of applicant's permanent residence.
(4) Telephone number of applicant's permanent residence.
(5) Full legal name of any and all business operations owned, managed or operated by
applicant, or for which the applicant is an employee or agent.
(6) Any and all business related telephone numbers of the applicant.
(7) The dates during which the applicant intends to conduct business, and if the
applicant is applying for a daily license, the number of days he or she will be
conducting business in the city (maximum fourteen (14) consecutive days).
(8) Any and all addresses and telephone numbers where the applicant can be reached
while conducting business within the city, including the location where a transient
merchant intends to set up business.
(9) A statement as to whether or not the applicant has been convicted within the last
five years of any felony, gross misdemeanor, or misdemeanor for violation of any
state or federal statute or any local ordinance, other than traffic offenses.
(10) A list of the three most recent locations where the applicant has conducted
business as a peddler or transient merchant.
(Ord. No. 2002-24, § 1, 10-8-02)
Sec. 19-4. - License ineligibility.
The following shall be grounds for denying a license under this chapter:
(1) The failure of the applicant to truthfully provide any of the information requested
by the city as a part of the application, or the failure to sign the application, or the
failure to pay the required fee at the time of application.
(2) The conviction of the applicant within the past five (5) years from the date of
application for any violation of any federal or state statute or regulation, or of any
local ordinance, which adversely reflects on the person's ability to conduct the
business for which the license is being sought in an honest and legal manner.

Those violations shall include but not be limited to burglary, theft, larceny,
swindling, fraud, unlawful business practices, and any form of actual or threatened
physical harm against another person.
(3) The revocation within the past five (5) years of any license issued to the applicant
for the purpose of conducting business as a solicitor, peddler, or transient
merchant.
(4) The applicant is found to have an unacceptable business reputation. Evidence of an
unacceptable business reputation shall include, the existence of more than three
complaints against the applicant with the Better Business Bureau, the Attorney
General's Office, or other similar business or consumer rights office or agency,
within the preceding twelve (12) months.
Sec. 19-5. - Reserved.
Editor's note— Ord. No. 85-10, § 1, adopted July 9, 1985, repealed § 19-5 which pertained to
council permission required for vending from vehicles on streets, etc. Former § 19-5 derived from
Code 1971, § 20-34.
Sec. 19-6. - Suspension and revocation.
(a) Generally. Any license issued under this section may be suspended or revoked at the
discretion of the city council for violation of any of the following:
(1) Fraud, misrepresentation, or incorrect statements on the application form.
(2) Fraud, misrepresentation or false statements made during the course of the
licensed activity.
(3) Conviction of any offense for which granting of a license could have been denied.
(Ord. No. 2002-24, § 1, 10-8-02)
Sec. 19-7. - Prohibited activities.
No solicitor, peddler, or transient merchant while conducting business shall:
(1) Call attention to his or her business or items to be sold by means of blowing any
horn or whistle, ringing any bell, crying out, or by any other noise, so as to be
unreasonably audible within an enclosed structure.
(2) Obstruct the free flow of either vehicular or pedestrian traffic on any street, alley,

sidewalk or other public right-of-way.
(3) Conduct business in a way as to create a threat to the health, safety and welfare of
any individual or the general public.
(4) Conduct business before 8:00a.m. or after 9:00p.m. on a regular business day.
(5) Fail to provide proof of license or registration, and identification, when requested;
or using the license or registration of another person.
(6) Make any false or misleading statements about the product or service being sold,
including untrue statements of endorsement.
(7) Claim to have the endorsement of the city solely based on the city having issued a
license or certificate of registration to that person.
(8) Remain on the property of another when requested to leave, or to otherwise
conduct business in a manner a reasonable person would find obscene,
threatening, intimidating or abusive.
(Ord. No. 2002-24, § 1, 10-8-02)
Sec. 19-8. - Authority to place signs prohibiting peddlers, etc., on premises; size of signs, print thereon.
(a) Any resident of the city who wishes to exclude peddlers, solicitors or transient
merchants from residential premises occupied by him may place upon or near the
usual entrance to such premises a printed placard or sign bearing the following notice:
"Peddlers, Solicitors and Transient Merchants Prohibited" or other similar notice.
(b) Such notice described in subsection (a) of this section shall be at least four (4) inches
long and three and three-fourths (3¾) inches wide; and the printing thereon shall not
be smaller than forty-eight (48) point type.
(c) No person other than the property owner or tenant shall remove, deface or otherwise
tamper with any sign or placard under this section.
(Code 1971, § 20-21; Ord. No. 2002-24, § 1, 10-8-02)
Sec. 19-9. - Disobedience to signs prohibiting entry on premises a nuisance, misdemeanor.
Entering a private property that has been posted pursuant to section 19-8 for the purpose of
soliciting orders for the sale of goods, services, wares or merchandise, or for the purpose of
disposing of or hawking the same, is hereby declared to be a nuisance and is prohibited. Violation
of this section is a misdemeanor.

(Code 1971, § 20-22; Ord. No. 2002-24, § 1, 10-8-02)
Cross reference— General penalty section for Code, § 1-20; nuisances, Ch. 16.

Sec. 25-21. - Obstructing streets, sidewalks and interfering with traffic prohibited.
No person shall obstruct any street or sidewalk in the city so as to interfere or cause any
interference with the free passage of motor vehicles along the streets, pedestrians along the
sidewalks, or the free and unimpeded access to businesses, residences or any other place or
building, or with any business lawfully conducted by anyone in, upon or facing or fronting on any
such public street, public highway, public sidewalk or any other public place or building.
(Code 1971, § 20-42; Ord. No. 83-17, § 1, 9-27-83; Ord. No. 2003-15, § 4, 6-10-03)
State Law reference— Interfering with, obstructing or rendering dangerous for passage any
public highway or right-of-way, M.S. § 609.74.

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157.15​

157.15 [Repealed, 1959 c 592 s 29]​
157.15 DEFINITIONS.​
Subdivision 1. Application. The definitions in this section apply to sections 157.011 and 157.15 to​
157.22.​
Subd. 2. [Repealed, 1996 c 451 art 4 s 71]​
Subd. 3. Commissioner. "Commissioner" means the commissioner of health.​
Subd. 4. Boarding establishment. "Boarding establishment" means a food and beverage service​
establishment where food or beverages, or both, are furnished to five or more regular boarders, whether with​
or without sleeping accommodations, for periods of one week or more.​
Subd. 5. Food and beverage service establishment. "Food and beverage service establishment" means​
a building, structure, enclosure, or any part of a building, structure, or enclosure used as, maintained as,​
advertised as, or held out to be an operation that prepares, serves, or otherwise provides food or beverages,​
or both, for human consumption.​
Subd. 6. Food cart. "Food cart" means a food and beverage service establishment that is a nonmotorized​
vehicle self-propelled by the operator.​
Subd. 7. Hotel or motel. "Hotel or motel" means a building, structure, enclosure, or any part thereof​
used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished​
to the public and furnishing accommodations for periods of less than one week.​
Subd. 7a. Limited food establishment. "Limited food establishment" means a food and beverage service​
establishment that primarily provides beverages that consist of combining dry mixes and water or ice for​
immediate service to the consumer. Limited food establishments must use equipment and utensils that are​
nontoxic, durable, and retain their characteristic qualities under normal use conditions and may request a​
variance for plumbing requirements from the commissioner.​
Subd. 8. Lodging establishment. "Lodging establishment" means: (1) a building, structure, enclosure,​
or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping​
accommodations are furnished to the public as regular roomers, for periods of one week or more, and having​
five or more beds to let to the public; or (2) a building, structure, or enclosure or any part thereof located​
within ten miles distance from a hospital or medical center and maintained as, advertised as, or held out to​
be a place where sleeping accommodations are furnished exclusively to patients, their families, and caregivers​
while the patient is receiving or waiting to receive health care treatments or procedures for periods of one​
week or more, and where no supportive services, as defined under section 157.17, subdivision 1, paragraph​
(a), or health supervision services, as defined under section 157.17, subdivision 1, paragraph (b), or home​
care services, as defined under section 144A.471, subdivisions 6 and 7, are provided.​
Subd. 9. Mobile food unit. "Mobile food unit" means a food and beverage service establishment that​
is a vehicle mounted unit, either:​
(1) motorized or trailered, operating no more than 21 days annually at any one place, or operating more​
than 21 days annually at any one place with the approval of the regulatory authority as defined in Minnesota​
Rules, part 4626.0020, subpart 70; or​

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MINNESOTA STATUTES 2020​

2​

(2) operated in conjunction with a permanent business licensed under this chapter or chapter 28A at the​
site of the permanent business by the same individual or company, and readily movable, without​
disassembling, for transport to another location.​
Subd. 10. Person. "Person" has the meaning given in section 103I.005, subdivision 16.​
Subd. 11. Resort. "Resort" means a building, structure, enclosure, or any part thereof located on, or on​
property neighboring, any lake, stream, skiing or hunting area, or any recreational area for purposes of​
providing convenient access thereto, kept, used, maintained, or advertised as, or held out to the public to be​
a place where sleeping accommodations are furnished to the public, and primarily to those seeking recreation​
for periods of one day, one week, or longer, and having for rent five or more cottages, rooms, or enclosures.​
Subd. 12. Restaurant. "Restaurant" means a food and beverage service establishment, whether the​
establishment serves alcoholic or nonalcoholic beverages, which operates from a location for more than 21​
days annually. Restaurant does not include a food cart or a mobile food unit.​
Subd. 12a. Seasonal permanent food stand. "Seasonal permanent food stand" means a food and​
beverage service establishment which is a permanent food service stand or building, but which operates no​
more than 21 days annually.​
Subd. 12b. School concession stand. "School concession stand" means a food and beverage service​
establishment located in a school, on school grounds, or within a school-owned athletic complex, that is​
operated in conjunction with school-sponsored events. A school kitchen or school cafeteria is not a school​
concession stand.​
Subd. 13. Seasonal temporary food stand. (a) "Seasonal temporary food stand" means a food and​
beverage service establishment that is a food stand which is disassembled and moved from location to​
location, but which operates for no more than 21 days annually at any one location, except as provided in​
paragraph (b).​
(b) A seasonal temporary food stand may operate for more than 21 days annually at any one place with​
the approval of the regulatory authority, as defined in Minnesota Rules, part 4626.0020, subpart 70, that has​
jurisdiction over the seasonal temporary food stand.​
Subd. 14. Special event food stand. "Special event food stand" means a food and beverage service​
establishment which is used in conjunction with celebrations and special events, and which operates for no​
more than ten total days within the applicable license period.​
Subd. 15. [Repealed, 1998 c 407 art 2 s 109]​
Subd. 16. Critical control point. "Critical control point" means a point or procedure in a specific food​
system where loss of control may result in an unacceptable health risk.​
Subd. 17. HACCP plan. "Hazard analysis critical control point (HACCP) plan" means a written document​
that delineates the formal procedures for following the HACCP principles developed by the National Advisory​
Committee on Microbiological Criteria for Foods.​
Subd. 18. Hazard. "Hazard" means any biological, chemical, or physical property that may cause an​
unacceptable consumer health risk.​
Subd. 19. Statewide hospitality fee. "Statewide hospitality fee" means a fee to fund statewide food,​
beverage, and lodging program development activities, including training for inspection staff, technical​

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assistance, maintenance of a statewide integrated food safety and security information system, and other​
related statewide activities that support the food, beverage, and lodging program activities.​
Subd. 20. Youth camp. "Youth camp" has the meaning given in section 144.71, subdivision 2.​
History: 1995 c 207 art 9 s 41; 1996 c 451 art 4 s 47-55,70; 1997 c 203 art 2 s 19-21; 1998 c 407 art​
2 s 87-91; 1Sp2005 c 4 art 6 s 43; 2009 c 79 art 10 s 36; 2010 c 285 s 1; 2010 c 294 s 1; 2011 c 92 s 1;​
1Sp2011 c 9 art 2 s 23; 2014 c 163 s 2; 2015 c 71 art 8 s 57; 2016 c 179 s 37​

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157.16​

157.16 LICENSES REQUIRED; FEES.​
Subdivision 1. License required annually. A license is required annually for every person, firm, or​
corporation engaged in the business of conducting a food and beverage service establishment, youth camp,​
hotel, motel, lodging establishment, public pool, or resort. Any person wishing to operate a place of business​
licensed in this section shall first make application, pay the required fee specified in this section, and receive​
approval for operation, including plan review approval. Special event food stands are not required to submit​
plans. Nonprofit organizations operating a special event food stand with multiple locations at an annual​
one-day event shall be issued only one license. Application shall be made on forms provided by the​
commissioner and shall require the applicant to state the full name and address of the owner of the building,​
structure, or enclosure, the lessee and manager of the food and beverage service establishment, hotel, motel,​
lodging establishment, public pool, or resort; the name under which the business is to be conducted; and​
any other information as may be required by the commissioner to complete the application for license. All​
fees collected under this section shall be deposited in the state government special revenue fund.​
Subd. 2. License renewal. Initial and renewal licenses for all food and beverage service establishments,​
youth camps, hotels, motels, lodging establishments, public pools, and resorts shall be issued on an annual​
basis. Any person who operates a place of business after the expiration date of a license or without having​
submitted an application and paid the fee shall be deemed to have violated the provisions of this chapter​
and shall be subject to enforcement action, as provided in the Health Enforcement Consolidation Act, sections​
144.989 to 144.993. In addition, a penalty of $60 shall be added to the total of the license fee for any food​
and beverage service establishment operating without a license as a mobile food unit, a seasonal temporary​
or seasonal permanent food stand, or a special event food stand, and a penalty of $120 shall be added to the​
total of the license fee for all restaurants, food carts, hotels, motels, lodging establishments, youth camps,​
public pools, and resorts operating without a license for a period of up to 30 days. A late fee of $360 shall​
be added to the license fee for establishments operating more than 30 days without a license.​
Subd. 2a. Food manager certification. An applicant for certification or certification renewal as a food​
manager must submit to the commissioner a $35 nonrefundable certification fee payable to the Department​
of Health. The commissioner shall issue a duplicate certificate to replace a lost, destroyed, or mutilated​
certificate if the applicant submits a completed application on a form provided by the commissioner for a​
duplicate certificate and pays $20 to the department for the cost of duplication.​
Subd. 3. Establishment fees; definitions. (a) The following fees are required for food and beverage​
service establishments, youth camps, hotels, motels, lodging establishments, public pools, and resorts licensed​
under this chapter. Food and beverage service establishments must pay the highest applicable fee under​
paragraph (d), clause (1), (2), (3), or (4). The license fee for new operators previously licensed under this​
chapter for the same calendar year is one-half of the appropriate annual license fee, plus any penalty that​
may be required. The license fee for operators opening on or after October 1 is one-half of the appropriate​
annual license fee, plus any penalty that may be required.​
(b) All food and beverage service establishments, except special event food stands, and all hotels, motels,​
lodging establishments, public pools, and resorts shall pay an annual base fee of $165.​
(c) A special event food stand shall pay a flat fee of $55 annually. "Special event food stand" means a​
fee category where food is prepared or served in conjunction with celebrations, county fairs, or special events​
from a special event food stand as defined in section 157.15.​
(d) In addition to the base fee in paragraph (b), each food and beverage service establishment, other than​
a special event food stand and a school concession stand, and each hotel, motel, lodging establishment,​

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public pool, and resort shall pay an additional annual fee for each fee category, additional food service, or​
required additional inspection specified in this paragraph:​
(1) Category 1 establishment, $110. "Category 1 establishment" means a fee category that provides one​
or more of the following items or is one of the listed establishments or facilities:​
(i) serves prepackaged food that is served in the package;​
(ii) serves a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;​
(iii) serves soft drinks, coffee, or nonalcoholic beverages;​
(iv) provides cleaning for eating, drinking, or cooking utensils, when the only food served is prepared​
off site;​
(v) a food establishment where the method of food preparation meets the definition of a low-risk​
establishment in section 157.20; or​
(vi) operates as a child care facility licensed under section 245A.03 and Minnesota Rules, chapter 9503.​
(2) Category 2 establishment, $245. "Category 2 establishment" means an establishment that is not a​
Category 1 establishment and is either:​
(i) a food establishment where the method of food preparation meets the definition of a medium-risk​
establishment in section 157.20; or​
(ii) an elementary or secondary school as defined in section 120A.05.​
(3) Category 3 establishment, $385. "Category 3 establishment" means an establishment that is not a​
Category 1 or Category 2 establishment and is either:​
(i) a food establishment where the method of food preparation meets the definition of a high-risk​
establishment in section 157.20; or​
(ii) an establishment where 500 or more meals are prepared per day and served at one or more separate​
locations.​
(4) Other food and beverage service, including food carts, mobile food units, seasonal temporary food​
stands, and seasonal permanent food stands, $85.​
(5) Lodging per sleeping accommodation unit, $11, including hotels, motels, lodging establishments,​
and resorts, up to a maximum of $1,100. "Lodging per sleeping accommodation unit" means a fee category​
including the number of guest rooms, cottages, or other rental units of a hotel, motel, lodging establishment,​
or resort; or the number of beds in a dormitory.​
(6) First public pool, $355; each additional public pool, $200. "Public pool" means a fee category that​
has the meaning given in section 144.1222, subdivision 4.​
(7) First spa, $200; each additional spa, $110. "Spa pool" means a fee category that has the meaning​
given in Minnesota Rules, part 4717.0250, subpart 9.​
(8) Private sewer or water, $60. "Individual private water" means a fee category with a water supply​
other than a community public water supply as defined in Minnesota Rules, chapter 4720. "Individual private​
sewer" means a fee category with an individual sewage treatment system which uses subsurface treatment​
and disposal.​

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(9) Additional food service, $175. "Additional food service" means a location at a food service​
establishment, other than the primary food preparation and service area, used to prepare or serve beverages​
or food to the public. Additional food service does not apply to school concession stands.​
(10) Additional inspection fee, $250. "Additional inspection fee" means a fee to conduct the second​
inspection each year for elementary and secondary education facility school lunch programs when required​
by the Richard B. Russell National School Lunch Act.​
(11) HACCP verification, $175. "HACCP verification" means an annual fee category for a business​
that performs one or more specialized process that requires an HACCP plan as required in chapter 31 and​
Minnesota Rules, chapter 4626.​
(e) A fee for review of construction plans must accompany the initial license application for restaurants,​
hotels, motels, lodging establishments, resorts, seasonal food stands, and mobile food units. A fee for review​
of an HACCP plan for specialized processing must be submitted and approved prior to preparing and serving​
the specialized processed food for human consumption. The fees for construction plan reviews and HACCP​
plan reviews are as follows:​
Service Area​
Food​

Transient food service​

Lodging​

Type​

Fee​

category 1 establishment​

$400​

category 2 establishment​

$450​

category 3 food establishment​

$500​

additional food service​

$250​

HACCP Plan Review​

$500​

food cart​

$250​

seasonal permanent food stand​

$250​

seasonal temporary food stand​

$250​

mobile food unit​

$350​

less than 25 rooms​

$375​

25 to less than 100 rooms​

$400​

100 rooms or more​

$500​

less than five cabins​

$350​

five to less than ten cabins​

$400​

ten cabins or more​

$450​

(f) When existing food and beverage service establishments, hotels, motels, lodging establishments,​
resorts, seasonal food stands, and mobile food units are extensively remodeled, a fee must be submitted with​
the remodeling plans. The fee for this construction plan review is as follows:​

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Service Area​

Type​

Food​

Transient food service​

Lodging​

4​
Fee​

category 1 establishment​

$300​

category 2 establishment​

$350​

category 3 establishment​

$400​

additional food service​

$250​

food cart​

$250​

seasonal permanent food stand​

$250​

seasonal temporary food stand​

$250​

mobile food unit​

$250​

less than 25 rooms​

$250​

25 to less than 100 rooms​

$300​

100 rooms or more​

$450​

less than five cabins​

$250​

five to less than ten cabins​

$350​

ten cabins or more​

$400​

(g) Special event food stands are not required to submit construction or remodeling plans for review.​
(h) Youth camps shall pay an annual single fee for food and lodging as follows:​
(1) camps with up to 99 campers, $325;​
(2) camps with 100 to 199 campers, $550; and​
(3) camps with 200 or more campers, $750.​
(i) A youth camp which pays fees under paragraph (d) is not required to pay fees under paragraph (h).​
Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that operates a licensed boarding​
establishment, food and beverage service establishment, seasonal temporary or permanent food stand, special​
event food stand, mobile food unit, food cart, resort, hotel, motel, or lodging establishment in Minnesota​
must submit to the commissioner a $40 annual statewide hospitality fee for each licensed activity. The fee​
for establishments licensed by the Department of Health is required at the same time the licensure fee is​
due. For establishments licensed by local governments, the fee is due by July 1 of each year.​
Subd. 4. Posting requirements. Every food and beverage service establishment, for-profit youth camp,​
hotel, motel, lodging establishment, public pool, or resort must have the original license posted in a​
conspicuous place at the establishment.​
History: 1995 c 207 art 9 s 42; 1996 c 451 art 4 s 56; 1997 c 203 art 2 s 22; 1998 c 397 art 11 s 3;​
1998 c 407 art 2 s 92; 1Sp2001 c 9 art 1 s 54; 2002 c 379 art 1 s 113; 1Sp2005 c 4 art 6 s 44-47; 2007 c​

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147 art 9 s 34; 2008 c 328 s 8; 2009 c 79 art 10 s 37; 2009 c 157 art 1 s 13,14; 2010 c 285 s 2; 1Sp2010 c​
1 art 21 s 2; 2016 c 179 s 38; 1Sp2017 c 6 art 10 s 131-133​

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329.099​

CHAPTER 329​
PEDDLERS, TRANSIENT MERCHANTS​
329.095​

DEAF OR MASQUERADING AS DEAF.​

329.13​

EVIDENCE.​

329.099​

DEFINITION.​

329.135​

PROHIBITED SALES.​

329.10​

LICENSE REQUIRED.​

329.14​

CERTAIN SALES EXCEPTED.​

329.11​

LICENSE APPLICATION REQUIREMENTS.​

329.15​

MUNICIPALITIES MAY REGULATE.​

329.16​

DISPOSAL OF FEES.​

329.17​

VIOLATIONS; PENALTIES.​

329.12​

LICENSE REQUIRED FOR CERTAIN SALES; FALSE​
AFFIDAVIT.​

329.01 [Renumbered 329.099]​
329.02 [Repealed, 2001 c 53 s 1]​
329.03 [Repealed, 2001 c 53 s 1]​
329.04 [Repealed, 2001 c 53 s 1]​
329.05 [Repealed, 2001 c 53 s 1]​
329.06 [Repealed, 2001 c 53 s 1]​
329.07 [Repealed, 2001 c 53 s 1]​
329.08 [Repealed, 2001 c 53 s 1]​
329.09 [Repealed, 2001 c 53 s 1]​
329.095 DEAF OR MASQUERADING AS DEAF.​
Subdivision 1. Prohibition. No person shall, while engaged in the business of peddling, sell or distribute​
finger alphabet cards or printed matter stating that the person is deaf, or use finger alphabet cards or such​
printed matter or masquerade as a deaf person in any way as a means of inducement in the sale of merchandise;​
and no state or local license as provided in this chapter shall be issued to any person for the purpose of​
peddling finger alphabet cards or printed matter stating that the person is deaf, or masquerading as a deaf​
person.​
Subd. 2. Penalties. Any person who, while engaged in the business of peddling, sells or distributes​
finger alphabet cards or such printed matter, or uses the same, or masquerades as a deaf person in any way​
as a means of inducement in the sale of merchandise shall be guilty of a misdemeanor.​
History: 1969 c 406 s 1​
329.099 DEFINITION.​
The term "transient merchant" includes any person, individual, copartnership, limited liability company,​
and corporation, both as principal and agent, who engage in, do, or transact any temporary and transient​
business in this state, either in one locality, or in traveling from place to place in this state, selling goods,​
wares, and merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use​
a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares, and​

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merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector​
show involving two or more sellers or exhibitors.​
History: (7340) 1911 c 39 s 4; 1913 c 504 s 1; 1984 c 654 art 2 s 123; 1995 c 64 s 1​
329.10 LICENSE REQUIRED.​
It shall be unlawful for any transient merchant to engage in, do, or transact any business as such without​
first having obtained a license as hereinafter provided.​
History: (7337) 1911 c 39 s 1​
329.11 LICENSE APPLICATION REQUIREMENTS.​
Any transient merchant desiring to engage in, do, or transact business by auction or otherwise, in any​
county in this state shall file an application for a license for that purpose with the auditor of the county in​
which the desired business is to be conducted, which application shall state the name of the applicant, the​
proposed place of business, the kind of business proposed to be conducted, and the length of time desired​
to do business. Such transient merchant shall pay to the treasurer of such county a license fee of $150, and​
shall give bond to the county in an amount to be determined by the county treasurer, which shall be not less​
than $1,000 nor more than $3,000. The bond shall be approved by the treasurer and be conditioned that the​
merchant will in all things conform to the laws relating to transient merchants and further conditioned on​
full compliance with all material oral or written statements and representations made by the seller, the seller's​
agents, representatives, or auctioneers with reference to merchandise sold or offered for sale and on faithful​
performance under all warranties made with reference thereto. The treasurer of such county shall issue to​
such person receipts therefor, and such transient merchant shall thereupon file such receipts with the auditor​
of such county, who shall thereupon issue to such transient merchant a license to do business as such at the​
place described in the application; and the kind of business to be done shall be described therein. No license​
shall be good for more than one person unless such person shall be a member of a copartnership, nor for​
more than one place, and shall not be good outside of the county in which it was issued. Such license shall​
be good for a period of one year from the date of its issuance. The auditor shall keep a record of such licenses​
in a book provided for that purpose, which shall at all times be open for public inspection. No license shall​
be issued unless the merchant produces evidence that the merchant is the holder of a valid seller's permit​
issued under section 297A.83, or a written statement from the merchant that the merchant is not offering​
for sale any item that is taxable under chapter 297A.​
The application shall further contain the applicant's residence and business address for the prior two-year​
period; the type of business engaged in during the previous two years; and the name and address of the​
auctioneer who will conduct the sale. No such sale shall be conducted in the name of any person other than​
the bona fide owner of the merchandise.​
The applicant shall attach to the application an itemized list of merchandise to be offered for sale reciting​
as to each item a description thereof including serial number if any, the owner's actual cost thereof, and a​
designation by number corresponding with a number to be affixed to each item by a tag which shall be kept​
fastened to the item at all times until sold.​
Prior to the issuance of the license and approval of bond, the applicant shall in writing appoint the county​
auditor as the applicant's agent to accept service of process in any action commenced against the applicant​

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arising out of the sale for which the license is sought. Such action shall be brought in the county where the​
sale was held.​
History: (7338) 1911 c 39 s 2; 1953 c 271 s 1; 1986 c 444; 1988 c 719 art 10 s 19; 2000 c 418 art 1 s​
44​
329.12 LICENSE REQUIRED FOR CERTAIN SALES; FALSE AFFIDAVIT.​
It shall be unlawful for any transient merchant to advertise, represent, or hold forth as being sold for an​
insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator, receiver, syndicate,​
wholesaler or manufacturer, or closing out sale, or as a sale of any goods, wares, and merchandise, damaged​
by smoke, fire, water, or otherwise, or in any similar form, unless such transient merchant shall file with the​
auditor of the county in which the application for license is filed and issued for such purpose an affidavit at​
the same time the application is filed, showing all the facts relating to the reasons and character of such sale​
so to be advertised or represented, and showing that such sale is in fact as is to be advertised and represented,​
including a statement of the names of the persons from whom the goods, wares, and merchandise so to be​
advertised or represented were obtained, the date of the delivery to the person applying for the license, and​
the place from which the goods, wares, and merchandise were last taken, and all details necessary to exactly​
locate and fully itemize all goods, wares, and merchandise to be sold. If such affidavit shall fail to show that​
such sale is of the character as the same is intended to be advertised or represented as shown in such affidavit,​
and fails to disclose the facts as herein required, then such auditor shall refuse the applicant a license for​
such sale. Should license be issued to such applicant, then such license shall state that such person is authorized​
and licensed to sell such goods, wares, and merchandise, and advertise and represent and hold forth the same​
as being sold as such insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator,​
receiver, syndicate, wholesaler or manufacturer, or closing out sale, or as a sale of any goods, wares, and​
merchandise, damaged by smoke, fire, water, or otherwise, or in any similar manner present other facts as​
shown in such affidavit. The affidavit shall be sworn to before a person authorized to administer oaths by​
such person so applying for such license, or, if a partnership, by a member of such partnership, or, if a​
corporation, by one of the officers of such corporation. Every person making a false statement of any fact​
in such affidavit shall be guilty of perjury, and shall be punished for such offense as is provided by the​
Criminal Code of this state.​
History: (7339) 1911 c 39 s 3​
329.13 EVIDENCE.​
When it appears that any such stock of goods, wares, and merchandise has been brought into any county​
in this state by a person not a resident therein, and that it is claimed that such stock is to be closed out at​
reduced prices, such facts shall be prima facie evidence that the person, copartnership, or corporation so​
offering such goods for sale is a transient merchant.​
History: (7341) 1911 c 39 s 5​
329.135 PROHIBITED SALES.​
No transient merchant or seller at a flea market, except an authorized manufacturer's representative,​
shall offer for sale any of the following items:​
(1) infant formula or other food intended primarily for consumption by a child under the age of two​
years; and​

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(2) over-the-counter drugs, medical devices, and cosmetics.​
History: 1995 c 64 s 2​
329.14 CERTAIN SALES EXCEPTED.​
The provisions of sections 329.10 to 329.13 and 329.14 to 329.17 shall not apply to sales made to dealers​
by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods,​
wares, and merchandise by sample, catalog, or brochure, for future delivery, or to hawkers on the street, or​
to peddlers from vehicles, baskets, or packs carried on their backs, or to sheriffs or other public officers​
selling goods, wares, and merchandise according to law; nor to bona fide assignees or receivers appointed​
in this state selling goods, wares, and merchandise for the benefit of creditors, nor to persons who may sell​
or peddle the products of the farm or garden occupied and cultivated by themselves, nor to sales made by a​
seller at a residential premises pursuant to an invitation issued by the owner or legal occupant of the premises.​
History: (7342) 1911 c 39 s 6; 1986 c 444; 1995 c 64 s 3; 2005 c 10 art 2 s 4​
329.15 MUNICIPALITIES MAY REGULATE.​
Nothing in sections 329.10 to 329.17 contained shall be construed as prohibiting, or in any way limiting​
or interfering with, the right of any city, or other municipal corporation or governmental subdivision of the​
state, to regulate or license the carrying on within such municipality the business of a transient merchant in​
any case where authority has been, or shall hereafter be, conferred upon it so to do, but the requirements of​
sections 329.10 to 329.17 shall be in addition thereto. A city, or with respect to the area outside the corporate​
limits of a city, a county, may enact a transient merchant licensing requirement excluding certain classes of​
transient merchant events, or determine by resolution of its governing body that certain classes of transient​
merchant events need not comply with section 329.11.​
History: (7343) 1911 c 39 s 7; 1973 c 123 art 5 s 7; 1984 c 594 s 1​
329.16 DISPOSAL OF FEES.​
All license fees collected under section 329.11 shall be paid into the general revenue fund of the county.​
History: (7344) 1911 c 39 s 8; 1984 c 594 s 2​
329.17 VIOLATIONS; PENALTIES.​
Subdivision 1. Gross misdemeanor. Every person, either as principal or agent, who shall in any manner​
engage in, do, or transact any business as a transient merchant, without having first obtained a license, or​
who shall conduct any sale, or who shall sell or expose for sale any goods, wares, and merchandise contrary​
to the provisions of sections 329.10 to 329.16, or who shall advertise, represent, or hold forth any sale of​
goods, wares, and merchandise, to be conducted contrary to the provisions of sections 329.10 to 329.16, is​
guilty of a gross misdemeanor.​
Subd. 2. Misdemeanor. Every person who shall engage in or follow the business of a hawker or peddler​
without having first obtained a license is guilty of a misdemeanor.​
History: (7335, 7345) 1911 c 39 s 9; 1911 c 121 s 8; 1986 c 444; 2005 c 10 art 3 s 18​

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437.02 POWER TO REGULATE TRANSIENT MERCHANTS.​
Every city, in addition to all other powers given the city by law or charter, may by ordinance regulate,​
control, and license transient merchants and provide for the punishment of persons violating such ordinances.​
History: (1840) 1909 c 84 s 1; 1973 c 123 art 5 s 7; 1976 c 44 s 40​

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RELEVANT LINKS:

See Part IV-section A
Freedom of speech.

And while most canvassing activities do not raise concerns under the
commerce clause, these activities likely raise protections under the First
Amendment. If the activity is pure advocacy (the expression of one’s views
or religious principles), a local unit of government cannot impose a prior
restraint, such as obtaining a license or registration before engaging in the
activity. Unfortunately, it is less clear what regulations, if any, may be
enacted when the canvassing involves the sale of goods and services that
will be provided at a later date.
So, while the city can license peddlers and transient merchants, it probably
should not license most solicitors or canvassers.

C. Transient merchants
A transient merchant is someone who demonstrates the traits of both a
peddler and the typical permanent business. Transient merchants are
regulated under state law.
Minn. Stat. § 329.099.

A transient merchant is:
•
•
•
•

Any person, individual, partnership, limited liability company, or
corporation.
That sells goods, wares, or merchandise.
From a vehicle, portable shelter, vacant building, structure, lot, or
railroad car.
With the intent to remain in business at any one location for a limited
period of time, usually no more than a few weeks.

Minn. Stat. § 329.099.

Pursuant to state statute, a “transient merchant” does not include the seller or
exhibitor in a firearms collection show involving two or more sellers or
exhibitors.

Minn. Stat. § 329.10.
Minn. Stat. § 329.11.

Transient merchants are not allowed to begin their business operations
without first applying for and obtaining a county-issued license. (In practice,
however, a county may not be issuing such licenses.) The license application
will include:
•
•
•
•

Minn. Stat. § 329.11.

The applicant’s name.
The proposed place of business.
The type or manner of business to be conducted.
How long the business will operate at that location.

A transient merchant pays a county license fee of $150 and provides a bond
in an amount not less than $1,000, but no more than $3,000.

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Regulating Peddlers, Solicitors and Transient Merchants

6/23/2020
Page 4

RELEVANT LINKS:

The bond is conditioned on the merchant conforming to all laws relating to
transient merchants, complying with all material oral or written statements
and representations made in regard to merchandise offered for sale, as well
as on the faithful performance of any warranties made with the merchandise.
Minn. Stat. § 329.13.
Minn. Stat. § 329.17.

When goods are brought into the state by a nonresident and it is claimed that
such stock is to be sold at reduced prices, it is considered prima facie (“on its
face”) evidence that the person (partnership or corporation) selling those
goods is a transient merchant. Anyone acting in violation of these
requirements is guilty of a gross misdemeanor.

Minn. Stat. § 329.15. Minn.
Stat. § 412.221, subd. 19.
Minn. Stat. § 437.02.

In addition, statutory and home rule charter cities have the specific authority
to adopt ordinances to regulate, control, and license transient merchants, as
well as provide criminal penalties for violating city regulations.

State ex rel. Greenwood v.
Nolan, 108 Minn. 170, 122
N.W. 255 (1909). State v.
Schmidt, 280 Minn. 281, 159
N.W.2d 113 (1968).

Licensing or other city ordinances regulating transient merchants must apply
uniformly to all transient dealers regardless of residence, locale, or
otherwise.

94 A.L.R. 1076.

A volume of legal authority recognizes classifications based on the
temporary nature of transient merchants as valid, and finds that it is proper
to distinguish between temporary enterprises and permanently established
businesses.

D. Commercial vs. non-commercial
In addition to categorizing conduct as peddling, soliciting, or transient
merchant sales, these activities also need to be evaluated as to whether they
are commercial or non-commercial in nature.
See LMC information memo,
Public Nuisances.

Often, the action or conduct is a nuisance and possibly a violation of city
ordinance. In reality, it is not that easy to define community concerns and
tolerances. To illustrate the practical differences involved, consider:
•
•
•

The resident, unbothered when non-profits ring the doorbell selling
candy bars, but infuriated when a vacuum salesperson comes calling.
The resident, who doesn’t mind the vacuum salesperson who maintains
an office on Main Street, but doesn’t want to be disturbed by similar
salespersons who live and work in another city, county, or state.
The resident who pretends to be out whenever a member of a particular
religious group knocks on the door, just wanting to talk about their
beliefs, but opens her door when the parish priest or pastor stops by
seeking donations for the church’s latest initiative.

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Regulating Peddlers, Solicitors and Transient Merchants

6/23/2020
Page 5

ORDINANCE 225,11d
Introduced by Councilor Brooks
AN ORDINANCE AMENDING CHAPTER 22, REGULATIONS AND FEES FOR MOBILE FOOD CARTS
AND MOBILE FOOD VEHICLES
THE CITY OF ALBERT LEA ORDAINS:
Sec.1. That Chapter 22 of the Code of Ordinances, City of Albert Lea, Minnesota is hereby amending
Article XVI, Sections 22-582, 22-583, 22-584, and 22-587, Regulations and Fees for Mobile Food Carts
and Mobile Food Vehicles, which will read as follows:
Sec. 22-580: PURPOSES AND INTENT
The ordinance is adopted for the purpose of authorizing the City of Albert Lea to regulate the
operation of mobile food carts and mobile food vehicles.
Sec. 22-581: DEFINITIONS
a) Food or Beverage Establishment. Means any building, room, stand, enclosure, vehicle, space,
area or other place wherein food or beverages are prepared, served, sold or offered for sale to
the public, regardless of whether there is a charge for the article.
b) Mobile Food Cart. . A self-contained cart used to prepare and serve food that is non-motorized
and propelled by the operator.
c) Mobile Food Vehicle. An outdoor food and beverage service establishment that is a vehicle
mounted unit, either motorized or trailered.
d) Restaurant. A food and beverage service establishment, whether the establishment serves
alcohol or nonalcoholic beverages, which operates from a location for more than twenty-one (21)
days annually. Restaurant does not include a mobile food cart or mobile food vehicle.
Sec. 22- 582: LICENSE—REQUIRED
a) No person or business shall vend from a mobile food cart or mobile food vehicle within the City
unless a license to do so is obtained from the City. Licenses are not required for operations
occurring entirely within a permitted community event pursuant to Section 50-133. Mobile food
cart and mobile food vehicles operated at a permitted event, must provide proof of licensure with
the State of Minnesota Department of Health and liability insurance to the City of Albert Lea as
noted in Sec. 22-586.
b) The City may require such information on the license application as city staff deem reasonable
and necessary, including but not limited to, the following information:
1. Trade name;
2. Name mailing address, email address, and telephone numbers of applicant and
manager;
3. Name and contact information of commercial food supply sources;
4. Proof of applicable licenses or permits required by the State of Minnesota Department of
Health or Department of Agriculture.
5. Brief physical description of the mobile food cart or mobile food vehicle, which may
include physical layout plan and dimensions, photographs, equipment types,
manufacturer and model numbers, axle weight, license plate numbers, and vehicle
identification numbers;
6. Information regarding water, fuel, and electrical supplies, and waste disposal.
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Ordinance 225,11d
(2nd Reading)

Sec. 22-583: FEES
License applications under this Article shall be submitted to the city clerk with the designated
license fee. Said fee can be found in the City’s annual Fee Schedule. The License shall be issued for a
period of 12 months and is non-transferable. Licenses must be displayed on the mobile food cart or
mobile food vehicle in a conspicuous location for public viewing.
Sec. 22-584: OPERATION
A mobile food cart or mobile food vehicle is, by definition, a food establishment and must comply
with the Minnesota Food Code, Minnesota Statutes Chapter 157, and Minnesota Rules Chapter 4626, or
as amended. It shall be unlawful to operate any mobile food cart or mobile food vehicle in the city unless
it is licensed, operated, and conducted in accordance with local, state, and federal requirements:
a) Discarding waste, liquids, gray water, garbage, litter, or refuse on city sidewalks, streets, or lawn
areas, or in city drains or trash receptacles is prohibited; Licensees must provide at least one
designated waste container for customer use. Licensees are responsible for clean-up and trash
removal generated from their operation;
b) Using utilities from public property and right-of-ways is prohibited;
c) Using the utilities of any adjacent private property is prohibited unless written permission is
obtained from the property owner or agent;
d) Licensees must comply with all City parking, signage, lighting, and noise regulations;
e) Food sold or served from mobile food carts and mobile food vehicles may not be prepared or
stored at a private residence;
f) Licensees shall collect and remit applicable Minnesota and city sales tax;
g) Licensees shall comply with the National Fire Protection Associations’ Standard for Ventilation
Control and Fire protection of Commercial Cooking Operations;
h) Hours of operation are 11:00 a.m. to 8:00 p.m. or as set by City Manager or designee; Licensees
are allowed to set up one (1) hour prior to conducting food vending and allowed one (1) hour
after conducting business for clean-up and trash removal. No food cart or food vehicle may
remain on site for twenty-four hours.
i) Licensees are prohibited from selling or serving alcohol;
j) Mobile food units may not operate within a residential zoning district, unless the area is listed on
the Mobile Food Unit Map or authorized by the City Manager or designee for a community or
private event;
k) Mobile food units or vehicles must not be located on private property unless written permission is
given by the property owner or agent;
l) Mobile food units or vehicles may not operate or travel in or on public sidewalks;
m) Mobile food units or vehicles are prohibited from obstructing the ingress and egress from
commercial buildings during the building hours of operation;
n) Mobile food units or vehicles 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. The distance is measured from the front door or the outdoor seating area
(whichever is closer to the mobile food unit licensee;
o) Mobile food units or vehicles must not be located within 500 feet from a community event or
parade as defined in Section 50-133 unless written permission is given by the community event
or parade permit holder. The distance is measured from the event entrance or any clearly
defined event boundary or parade route (whichever is closer to the mobile food unit);
p) Mobile food units or vehicles may not impede pedestrian movement or parking;
q) Mobile food units may not have a drive-through;

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Ordinance 225,11d
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r) The Mobile Food Unit Map will identify acceptable locations of operation. Mobile food units may
operate only within the areas identified unless written permission is granted to operate elsewhere
and approved by the City Manager or designee;
s) The use of any outside sound amplifying equipment, televisions or similar visual entertainment
devices, lights, or noisemakers, such as bells, horns, or whistles is prohibited.
Sec. 22-585: INSPECTION
Mobile food carts and mobile food vehicles are subject to inspection by city staff from the police,
fire, parks and recreation departments, and licensees must comply with any regulation or specific
directive imposed by city staff from those departments.
Sec. 22-586: INSURANCE
a) Mobile food carts and mobile food vehicle licensees will have current insurance during the term of
the license. A certificate of insurance showing the applicant has obtained liability, food products
liability, and property damage insurance that will protect licensee, property owners, and the city
from all claims for damage to property or bodily injury, including death, which may arise from
operations under the license or in connection therewith must be provided to the City Clerk. Such
insurance shall provide coverage of not less than one million (1,000,000) per occurrence. The
City shall be named as an additional insured on the certificate of insurance. The policy shall
further provide that it may not be cancelled except upon thirty (30) days written notice filed with
the City Clerk. No license issued pursuant to the provisions of this section shall be valid at any
time the insurance required herein is not maintained and evidence of its continuance filed with the
City.
b) Each mobile food unit licensee must sign a statement agreeing to defend, indemnify, and 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 applicants operation of a
mobile food unit as permitted by this chapter.
Sec. 22-587: REPEALED
Sec. 22-588: DENIAL, REVOCATION, AND SUSPENSION
All license applications shall be submitted to the City Clerk subject to Council 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 licensee 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 purposes of this Section “good cause” shall include, but not be limited
to:
a) The manner, or proposed manner, of operating the mobile food cart or mobile food vehicle
violates any local, state, or federal law;
b) Licensee or any employee or agent of the licensee are convicted of any crime relating to the
operation of the mobile food cart 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.
Sec. 22-589: PENALTY
Any person, firm or corporation violating any provision of this ordinance shall be guilty of a
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Ordinance 225,11d
(2nd Reading)

misdemeanor and a separate offense shall be deemed committed on each day during or on which a
violation occurs to continues.
Sec. 22-590: SEVERABILITY and SAVINGS CLAUSE
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 enforceability of any other section or provision of this ordinance.
That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Baker, and upon
a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson,
Rasmussen, Brooks and Mayor Rasmussen, Jr.
And the following voted against the same: None
Introduced the first time on the 13th day of May, 2019
Introduced the second time on the 28th day of May, 2019

____________________________________
Mayor Vern Rasmussen, Jr.
Filed and attested to the 29th day of May, 2019

_________________________________
Secretary of the Council

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Ordinance 225,11d
(2nd Reading)

221 E. Clark Street
Albert Lea, MN 56007
(507) 377-4335
[email protected]

City of Albert Lea
FOOD VENDOR APPLICATION
(Pursuant to City Code Section 22-580 to 22-590)

Application Type (choose one)
Mobile Food Cart $250.00

Date of Application

Mobile Food Vehicle $250.00
Vegetable Stand $25.00
Applicant Information
Legal Corporate Name of Business

Trade Name (DBA)

Business Telephone Number

Name of Person Completing Application

Title

Telephone Number

E-mail Address

Fax Number

Cell Phone Number

MN Sales Tax ID Number, Social Security #, or Individual Tax ID #:
This is a new business:

Yes

No

If no, state other communities this business has operated:

Licensed Kitchen Address

City

State

Name of Manager

Home address

Date of birth

corporation

LLC
partnership
State of incorporation (mm/dd/yy):

Type of ownership:
sole proprietor
Date of incorporation(mm/dd/yy):

Zip Code

non-profit

List All Owners, Partners and Corporate Members (Attach additional sheet if necessary)
Full Name: First, Middle Last
Date of Birth % of Ownership Telephone Number
Home Address

City

State

Zip Code

Full Name: First, Middle Last

Date of Birth

% of Ownership

Telephone Number

Home Address

City

State

Zip Code

Full Name: First, Middle Last

Date of Birth

% of Ownership

Telephone Number

Home Address

City

State

Zip Code

Full Name: First, Middle Last

Date of Birth

% of Ownership

Telephone Number

Home Address

City

State

Zip Code

Have any of the above people been convicted of a crime?
Yes
If Yes, please provide (or attach) dates and conviction specifics.

No

Business Information
Describe in detail the principal products being sold as well as the proposed location and hours of sale:

List all licenses obtained from the State of Minnesota and provide copies with this application:

Have you ever had a business license denied or revoked by another government entity?
Yes
If Yes, indicate date of denial/revocation, government agency and reason for denial or revocation.

Workers’ Compensation Company

Policy Number

No

Dates of Coverage

-----------Or-----------I certify that I am not required to carry workers’ compensation insurance because:
I am self insured.
I am the
sole proprietor and I have no employees.
I have no employees who are covered by workers’ compensation law.
Only employees who are specifically exempted by state are not covered by the workers’ compensation law. These
include spouse, parents, and children regardless of age. All other workers whose work is controllable by the
employer must be covered.
REGARDLESS OF WORKERS’ COMPENSATION COVERAGE, A CERTIFICATE OF INSURANCE
NAMING THE CITY OF ALBERT LEA AS AN ADDITIONAL INSURED FOR LIABILITY MUST BE
ATTACHED TO THIS APPLICATION
Reference Information (continued)
List last (up to three (3)) previous city(ies) where you carried on same activity (immediately preceding today’s
date):
to

City

State

Date(s) of Activity

City

State

Date(s) of Activity

City

State

Date(s) of Activity

to
to

Reference Information (continued)
Provide two names for character references:
Name
Address

Phone Number
City

Name
Address

State

Zip

Phone Number
City

State

Zip

Checklist (all items must be checked “yes” in order for the application to be processed)
The following items need to be completed and/or attached in order for the application to be processed:
State of Minnesota license(s):
Certificate of insurance:
Application completed in full and signed:
Application fee paid in full:
Release of Information completed and signed:

yes
yes
yes
yes
yes

no
no
no
no
no

I hereby certify that the application is true, correct, and accurate. By signing below, I agree that any person
operating as a food vendor under this application will fully comply with all provisions of Albert Lea City Code. I
fully understand that any person who violates any provision of the Food Vendor Ordinance Section 22-580 to 22590 is guilty of a misdemeanor and are grounds for the suspension or revocation of the food vendor license in
accordance with Section 22-588 of the Albert Lea City Code.

Signature of Authorized Representative

Date

Print Name

Title

NOTE: All applications must be considered and approved by the Albert Lea City Council. Upon approval by the
City Council, a license will be issued to the applicant.

Release of Information Form
As an applicant for a permit from the City of Albert Lea, Minnesota, I am required to
furnish information, which that agency may use in determining my moral, physical, mental,
and financial qualifications. In this connection, I hereby expressly authorize release of any
and all information, which you may have concerning me, including information of a
confidential or privileged nature.
I hereby release the agency with which I am seeking an application for a license, and any
organization, company, or person furnishing information to that agency as expressly authorized
above, from any liability for damage, which may result from furnishing the information requested.
Applicant’s Information (Please Print)
Name:

First Name

Middle Name

Last Name

Address:
City

Date of Birth:

Month

Place of Birth:

City

County

State

Day

Year

Zip

State

Social Security Number:
Driver’s License Number:

Applicant’s Signature

Date

LICENSE APPLICATION
One-Day Food Vendor
Permit $25.00

City Clerk’s Office
221 East Clark Street
Albert Lea, MN 56007-2496
Telephone: 507-377-4335
Fax: 507-377-4302
Please Type or Print Legibly

Applicant:
Full Name:
Home Address:

City, State, Zip Code:

Home Telephone Number (Daytime):
Date of Birth__________________________ Driver’s License #__________________________
Email address_______________________________
Trade Name:
Trade Name:
Trade Address:

City, State, Zip Code:

Trade Name Telephone Number (Daytime):
Federal ID#___________________________ MN ID#__________________________________
_______________________________________________________________________________
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
State of Minnesota)
County of Freeborn) ss.
City of Albert Lea)
THE UNDERSIGNED HEREBY AGREES TO COMPLY WITH THE LAWS OF THE STATE OF
MINNESOTA AND THE ALBERT LEA CITY CODE AS THEY RELATE TO THE LICENSING AND
OPERATION OF LICENSES BEING APPLIED FOR. I UNDERSTAND THAT FALSIFICATION OF
ANY PART OF THIS APPLICATION IS CAUSE FOR DENIAL OR REVOCATION.
_________________________________
Signature

___________________________________
Date

Office Use
Date Received:
Fee Received:

Processor Initials:
for

Insurance Certificate ______________
MN Dept. of Health Certificate:
Council Approval:

Cash/Check/CC ____________

Steven J. Jahnke
24464