HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_07/29/2019Meeting: Workshop - Jul 29 2019
Staff Contact: Jose Rodriguez, Building Official Department: Building
Mobile Food Truck Ordinance Discussion: A business operating within the Village has added a mobile
food truck next to its business location at 381 Tequesta Drive, utilizing a Mobile Food Dispensing
Vehicle license issued by the State of Florida Department of Business and Professional Regulation.
There is currently one (1) food truck operating within the Village, utilizing a Mobile Food Dispensing
Vehicle license issued by the State of Florida Department of Business and Professional Regulation.
The Village does not have a mobile food truck ordinance. Neighboring municipalities have enacted
such mobile food truck ordinances (e.g., Palm Beach Gardens), however, some Florida municipalities
have been faced with litigation resulting from such ordinances (see article dated February 22, 2019
titled "Judge Orders Fort Pierce To Stop Enforcing Unconstitutional Food Truck Ban".
As we currently only have one food truck operating within the Village and because of the potential risk
of litigation, I do not recommend establishing a mobile food truck ordinance at this time.
Agenda Memo #19-146
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Page 3 of 62
Agenda Item #1.
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OF
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To: Jeremy Allen, Village Manager
From: Jose Rodriguez, Building Director /
Date: July 19, 2019
Subject: Mobile Food Trucks — July 29, 2019 Village Council Workshop
This concerns a business operating within the Village of Tequesta (Vintage I LLC) that
has added a mobile food truck next to its business location (381 N Tequesta Drive)
utilizing its Mobile Food Dispensing Vehicle (MFDV) license issued by the State of
Florida Department of Business and Professional Regulation (DBPR).
The Village currently does not have a mobile food truck ordinance, however, mobile
food trucks are regulated statewide by the DBPR. While other municipalities have
established ordinances (see attached Palm Beach Gardens mobile food truck
ordinance), a rudimentary search reveals resulting litigation (see attached article dated
February 22, 2019 titled "Judge Orders Fort Pierce to Stop Enforcing Unconstitutional
Food Truck Ban"). For this reason, and because this issue is currently limited to one
food truck within the Village, I do not recommend establishing a mobile food truck
ordinance at this time.
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Agenda Item #1.
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Agenda Item #1.
0 1
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3 ORDINANCE 17,2017
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6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND
8 DEVELOPMENT BY ADOPTING NEW SECTION 78-196. TO BE
9 ENTITLED "OPERATION AND SALE OF FOOD FROM MOBILE
10 FOOD TRUCKS." IN ORDER TO ADOPT REGULATIONS RELATING
11 TO MOBILE FOOD TRUCKS; FURTHER AMENDING CHAPTER 78.
12 AT SECTION 78-751. DEFINITIONS. BY ADOPTING NEW
13 DEFINITIONS FOR "MOBILE FOOD TRUCK" AND "MOBILE FOOD
14 VENDOR95; PROVIDING THAT EACH AND EVERY OTHER SECTION
15 AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT
16 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
17 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
18 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
19 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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22 WHEREAS, the City has seen an increasing request for Mobile Food Trucks for
23 lunch options and special events; and
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25 WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals
26 Board at a public hearing on July 11, 2017, and the Board recommended approval by a
27 vote of 7 to 0; and
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29 WHEREAS, the City Council deems approval of this Ordinance to be in the best
30 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
31 Beach Gardens and the public at large.
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34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
35 OF PALM BEACH GARDENS, FLORIDA, that:
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37 SECTION 1 . Chapter 78. Land Development of the Code of Ordinances of the City
38 of Palm Beach Gardens, Florida, is hereby amended by adopting new Section 78-196. to
39 be entitled "Operation and sale of food from Mobile Food Trucks."; providing that Section
40 78-196. shall hereafter read as follows:
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Page 6 of 62
Agenda Item #1.
Ordinance 17, 2017
1 Subpart B
2
3 LAND DEVELOPMENT REGULATIONS
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5 Chapter 78
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7 LAND DEVELOPMENT
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9 Article V. SUPPLEMENTARY DISTRICT REGULATIONS
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11 SeG. 7-8 196 - 75-1-2-20. Restenfed
12 Sec. 78-196. Operation and sale of food from mobile food trucks.
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14 (a) Definitions. (for the purpose of this Chapter):
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16 (1) Mobile Food Truck means a vehicle, includinq trailers and other conveyances
17 regardless of the means of propulsion, that is used to vend food and/or beverage
18 products and is classified as one of the following:
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20 a. Class Mobile Kitchens. These vehicles may cook, prepare, and
21 assemble food items on or in the unit and serve a full menu. These vehicles
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may also vend the products permitted for Class 11 Canteen Trucks.
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b. Class /1 - Canteen Trucks. These vehicles vend pre-cooked foods, pre -
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packaged foods, pre-packaged drinks, and incidental sales of Pre-Dacka-ged
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frozen dairy or frozen water-based food products, fruits, and vggetables.
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No preparation or assembly of food or beverage may take place on or in the
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vehicle; however, the heating of pre-cooked food is permitted. (Open flame
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and/or arease laden vapor is strictly prohibited.)
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(2) Mobile Food Vendor means a person who prepares, dispenses, or otherwise
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sells food from a Mobile Food Truck.
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(b) Administrafive Rules and Regulations. The Cily shall enact and amend Standard
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Operating Procedures (SOP) to cover the Mobile Food Truck permit application
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reguirements, permit fees, and the permit renewal procedure. A copy of the most recent
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SOP shall be kept on file with the city clerk and shall be available for public inspection
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during normal working hours.
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(c) Exemptions. Mobile Food Truck — Class 11 — Canteen Trucks, provided such
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vehicles are only parked for a maximum of 15 minutes or less, are exempt from the
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provisions of this section.
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Agenda Item #1.
Ordinance 17, 2017
101 (d) Permit Requirements.
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(1)
The Mobile Food Vendor shall have the consent of the Property owner(s) prior to
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applying for the location for the Mobile Food Truck permit.
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(2)
Any person engaged in the selling, preparation, or dispensing of food from a
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Class I — Mobile Kitchens shall obtain a Mobile Food Truck permit in accordance
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with this Section and the Standard Operating Procedures Promulgated by the
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Citv.
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(3)
The Mobile Food Vendor shall provide copies of all applicable approvals and
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licenses from the State of Florida Department of Business and Professional
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Regulations (DBPR), Florida Department of Health, and Florida Department of
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Agriculture and Consumer Services.
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(4)
The Mobile Food Vendor shall make the Mobile Food Truck available for
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inspection by the City of Palm Beach Gardens Fire Department at a location
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determined by the Fire Department The Fire Department shall ensure
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compliance with all applicable federal, state, and local fire safety statutes,
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regulations, ordinances, and codes. Subsequently, every Class I — Mobile
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Kitchens shall undergo an annual inspection by the City of Palm Beach Gardens
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Fire Department.
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(5)
All Mobile Food Vendors shall display the Mobile Food Truck permit issued by
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the City in a prominent and visible manner.
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(e)
Prohibitions. Class I — Mobile Kitchens are prohibited from the following:
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(1)
Selling or distributing alcoholic beverages:
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(2)
Operating in a City park or City parking lots and public rights-of-way, except as
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may be Permifted by a special event permit issued by the City;
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(3)
Operating in a residentially zoned and/or the residential portion of Mixed Use
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zoning neighborhoods, except as may be permifted by a special event permi
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issued by the City,
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(4)
Operating on unimproved surfaces and abandoned business locations or as
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otherwise approved;
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(5)
Usinq any sound amplification regardless of the intended purposes;
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(6)
Using balloons, banners, streamers, large flashing lights, or other similar devices
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to attract customers:
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Page 8 of 62
Agenda Item #1.
Ordinance 17, 2017
1 (7) Selling or dispensing food to customers in a moving vehicle or otherwise
2 engaging in drive -up sales:
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4 (8) Parking a Mobile Food Truck:
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a. on the Public right-of-way, in a fire lane or blocking fire
hydrants, o
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Americans with Disabilities Act (ADA) accessible parking spaces
and/or
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accessible ramps:
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(3)
In accordance with the Florida Department of Business and Professional
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b. in any driveway aisles, no parking zones, loading areas: and
Regulation guidelines, all necessary control measures shall be used to effectively
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minimize, or eliminate when possible, the presence of rodents, roaches, and
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c. mobile operation may not impede the on-site circulation
of motion of
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vehicles.
Food Vendor shall maintain a log containing a written record of the control
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measures verformed by exterminators or other pest control businesses on the
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(f) Class Mobile Kitchens —General Regulations.
Mobile Food Truck. This log shall be open to inspection by the City.
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(1) Mobile Food Vendors shall remove all waste and trash prior to vacating their
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location.
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(2) Under no circumstances shall grease or any waste materials be released into the
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stormwater system, tree pits, sidewalks, streets, parking lots, or
private/public
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DrODertv. Mobile Food Vendors shall be reSDonsible to DrODerlv
discard anv
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waste material in accordance with federal, state, county, municipal, or any laws,
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rules, regulations, orders, or permits.
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(3)
In accordance with the Florida Department of Business and Professional
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Regulation guidelines, all necessary control measures shall be used to effectively
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minimize, or eliminate when possible, the presence of rodents, roaches, and
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other vermin and insects on the premises of all Mobile Food Trucks. Each Mobile
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Food Vendor shall maintain a log containing a written record of the control
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measures verformed by exterminators or other pest control businesses on the
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Mobile Food Truck. This log shall be open to inspection by the City.
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(4)
Mobile Food Vendors shall not engage in food preparation if the vehicle does not
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provide water and waste systems as required by the Florida Department of
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Business and Professional Regulation or otherwise fails to meet sanitation and
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safety requirements.
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(5)
All food service equipment utilized by the Mobile Food Vendor shall be
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maintained in good repair and a clean condition.
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(6)
Routine inspections may be conducted by code enforcement inspectors, building
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code inspectors, fire inspectors, or police officers on each Mobile Food Truck
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at anv time and at anv freauencv deemed aDDrODriate bv the Citv.
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Page 9 of 62
Agenda Item #1.
Ordinance 17, 2017
0 1 (7) In accordance with the City's Code Section 78-285, one A -frame or "sandwich"
2 menu board is permitted to be placed by or within the immediate vending area of
3 the Mobile Food Truck. The sign can only be displayed durin-q the hours of
4 operation. Menu si-qns are also r)ermitted to be affixed to the Mobile Food Truck.
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6
(g)
Operating Requirements.
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(1)
Mobile Food Trucks shall be self-contained when operating, except for the
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reguired trash and/or recyclin-q receptacles that shall be attached to the Mobile
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Food Truck and shall not impede free movement of automobiles or pedestrians..
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(2)
No more than two Mobile Food Trucks shall operate on any propedy at any one
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time, except as may be Permitted by a special event permit issued by the City.
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(3)
Mobile Food Trucks shall be operated only by the Mobile Food Vendor or by an
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authorized employee of the vendor.
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(4)
If at any time the Florida Department of Business and Professional Regulation
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revokes or suspends the Mobile Food Vendor's license, the City's Mobile Food
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Truck t)ermit shall be deemed to have been simultaneously revoked or
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suspended.
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23 Sec. 78-197 — 78-220. Reserved.
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25 SECTION 2. Chapter 78. Land Development of the Code of Ordinances of the City
26 of Palm Beach Gardens, Florida, is hereby amended at Section 78-751. Definitions. by
27 adopting new definitions for "Mobile Food Truck" and "Mobile Food Vendor"; providing
28 that these definitions shall be placed within Section 78-751. in alphabetical order and shall
29 hereafter read as follows:
30
31 Sec. 78-751. Definitions.
32
33 Mobile Food Truck means a vehicle, includinq trailers and other conveyances
34 regardless of the means of propulsion, that is used to vend food and/or bevera-ge oroducts
35 and is classified as one of the following:
36
37 (1) Class I — Mobile Kitchens. These vehicles may cook, prepare, and assemble
38 food items on or in the unit and serve a full menu. These vehicles may also vend
39 the products r)ermitted for Class 11 — Canteen Trucks.
40
41 (2) Class /I — Canteen Trucks. These vehicles vend pre-cooked foods, pre -
42 packaged foods, r)re-i)ackaged drinks, and incidental sales of pre-packaged
43 frozen dairy or frozen water-based food products, fruits, and veaetables. No
44 preparation or assembly of food or beverage may take place on or in the vehicle:
45 however. the heatina of K)re-cooked food is Dermitted. (ODen flame and/or
46 grease laden vapor is strictly prohibited.)
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Page 10 of 62
Agenda Item #1.
Ordinance 17, 2017
0 1 Mobile Food Vendor means a person who prepares, dispenses, or otherwise sells
2 food from a Mobile Food Truck.
3
4 SECTION 3. The fees and charges associated with Mobile Food Trucks as set forth
5 in Resolution 48, 2017 shall take effect immediately upon adoption of this Ordinance.
6
7 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
8 hereby repealed.
9
10 SECTION 5. Should any section or provision of this Ordinance or any portion
11 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
12 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
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14 SECTION 6. Specific authority is hereby granted to codify this Ordinance.
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16 SECTION 7. This Ordinance shall become effective immediately upon adoption.
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Page 11 of 62
Agenda Item #1.
Ordinance 17, 2017
•1 PASSED this J'izi) day of ftt,(--L,5F 2017, upon first reading.
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PASSED AND ADOPTED this _77* day ofsr-,M Q� , 2017, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY: ����
Maria G. Marino, Mayor
MaMarciano, Vi6e ayor
�—
Carl Wos,touncilmember
Matthew Jay Lane, Councilmember
Rachelle A. Litt, Councilmember
ATTEST:
27 BY
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: C� � k "
R. Max hman, NO\.
Cit ttorney
It r, -
` S 1yaw- v,
G:\attorney_share\ORDINANCES\2017\Ordinance 17 2017-Food Trucks-final.docx
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AGAINST ABSENT
Page 12 of 62
Agenda Item #1.
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Institute for Justice
Judge Orders Fort Pierce to Stop Enforcing
Unconstitutional Food Truck Ban
toPress Release I February 22, 2019
ConorBeck
Communications Project Manager
Today, a Florida circuit court ruled that Fort Pierce
cannot enforce its unconstitutional ban on food
trucks operating within 500 feet of another
establishment that sells food. Food truck owners
Benny Diaz and Brian Peffer filed a lawsuit against
the city for its food truck law with the Institute for
Justice (IJ) for violating their right to earn an honest
living free from unreasonable government
interference, a right protected by the Florida
Constitution. The preliminary injunction issued
today means that they and other food truck owners
can sell food truck food as their lawsuit against the
city continues.
,fly ftafr
;.�tiDtts Tian
(712) 267
Le,xnrt�Im ivte.N+si't�'�
"Today, the court ordered Fort Pierce to stop enforcing its unconstitutional food truck ban," IJ
Florida Office Managing Attorney Justin Pearson said. "We're thrilled for our clients, and for the
people of Fort Pierce who will now have more exciting food choices."
Fort Pierce's law was created in 2014 for the sole purpose of protecting restaurant owners, a fact
then -Commissioner Edward Becht admitted. Allowing food trucks to compete directly with
restaurants for business, he said, would "hurt the brick -and -mortar businesses." Thus began one of
the most stringent food truck proximity bans in the country, making it almost impossible for food
truck owners to do business. Today, they are celebrating.
"I've been waiting a long time to sell my tacos in Fort Pierce. I can't wait to bring Taco Trap to the
city," Taco Trap food truck owner Benny Diaz said.
Creative Chef on Wheels owner Brian Peffer echoed Diaz's sentiments, saying, "People have been
inviting me to Fort Pierce for a while. Now, I can finally do business in the city."
In today's order by Circuit Judge Lawrence Mirman, the court said: "The court agrees with
Plaintiffs that Fort Pierce already had ordinances addressing legitimate concerns, and the 500-foot
Ban was specifically drafted for only one purpose: to favor one type of commerce over another; to
prevent competition."
"As a matter of law, protectionism, by itself, is not a valid exercise of a police power," the order
Page 13 of 62
Agenda Item #1.
continued.
This led, Dane Stuhlsatz, a constitutional law fellow at IJ who is also an attorney on the case, to call
today, "A good day for Fort Pierce and the Florida Constitution." Stuhlsatz continued,
"Government does not have the power to pick winners and losers in the marketplace. That choice
belongs to customers."
Is
0
IJ fights for vendors' rights across the country through its National Street Vending Initiative. IJ
lawsuits in San Antonio, El Paso, Texas, Carolina Beach, North Carolina, and Louisville,
Kentucky, have successfully eliminated protectionist laws that banned food trucks from operating
near their brick -and -mortar competitors. IJ is also litigating food truck cases in Baltimore and Fish
Creek, Wisconsin.
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