TO: Mayor and Commission AGENDA DATE: 9/27/2021
FROM: John A. Peters, III, PE, Acting City Manager AGENDA ITEM: 4 - A
SUBJECT:
Title
Discussion and review of food truck ordinance. - John A. Peters, III, P.E., Acting City Manager (386) 878-8558.
Strategic Goal: Economic Development
Body
LOCATION:
City Wide
BACKGROUND:
Background
The City for many years has managed food truck and other itinerate merchant activity by allowing such uses on commercially zoned properties that were associated with developed and active commercial uses. Food sales could have occurred on house of worship property. Itinerate merchant activity has ranged from a typical food truck to makeshift vendors selling household goods out of a car trunk.
With regard to food truck operations, referred to as mobile food dispensing vehicles (MFDV) by State law, the State of Florida in 2020 preempted local licensing or permitting of food trucks. In addition, the State indicated a local government cannot preclude food trucks within a jurisdiction but a local government still had the ability to manage food truck location, hours of operation, etc. to ensure public, health, welfare and safety.
With regard to State law and direction from the City Commission to address food truck operation, City staff has promulgated regulations to manage the location and operation of food trucks. The proposed regulations are attached in the form of a draft ordinance. Highlights of the proposed regulations are as follows:
1. Mobile food dispensing vehicles (MFDV) are defined. This definition is predicated on the State definition of a MFDV. However, language has been added to address matters unique to the City.
2. Information is required to submit to the City in order to review food truck locations:
a. Department of Business and Professional Regulation license;
b. Fire safety inspection report;
c. Notarized authorization of land owner to authorize food truck operation on site;
d. An at scale site plan so the City can ensure proper location. The site plan can be based on a scaled aerial photo downloaded from the internet; and
e. To ensure a level of food safety a menu of food being sold.
3. There are location standards:
a. Located in C-1, C-2 or C-3 zoned areas;
b. May be allowed on BPUD, MPUD or IPUD if a noted permitted use within a respective D.A.;
c. Cannot be located on vacant land, non-active non-residential property or residentially used property;
d. Actively developed house of worship property maybe eligible;
e. MFDV must be located on a paved surface and not within any right of way;
f. Must be adequate parking for the existing business or use and enough parking to accommodate the food truck operation; and
g. MFDV activity must be consistent with the Florida Fire Prevention Code.
4. Hours of operation limited to 8:00 am to 10:00 pm.
5. Businesses (commercial or industrial) with more than 100 or more full time employees per 8 hour shift may have multiple MFDV. However, these uses must still comply with the site planning requirements.
6. Advertising is limited to identifying copy on the MFDV. No signs, banners, flags, etc.
7. MFDV operating under an approved special event permit (Chapter 10) are exempt from the terms of this section.
8. City Code Compliance will be responsible for enforcing this ordinance. Land owners will be responsible for MFDV activity.
Please note: This amendment will not impact how special events under Chapter 10 of the City Code of Ordinances are conducted and otherwise managed. In addition, this ordinance proposal is specific to one type of itinerate merchants - food trucks/MFDV.
There has been some interest in the subject food truck regulations. City staff has created a stakeholder list of interested parties. Those parties have been provided with a copy of the proposed regulations and have been informed of this meeting.
OPTIONS: N/A.
End
COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Planning and Development Services
STAFF RECOMMENDATION PRESENTED BY:
Ron A. Paradise, Director, Planning and Development Services - Staff suggest City Commission review the proposal and provide consensus for changes and modifications to the proposed regulation as deemed appropriate.
POTENTIAL MOTION:
Recommendation
N/A
END