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 sc...
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