HomeMy WebLinkAboutHandouts_Regular_9/12/2019Memo
To: Village of Tequesta Village Council
From: Thomas G. Bradford
CC: Keith Davis, Village Attorney
Date: August 8, 2019
Re: Food Trucks and Steps to Avoid Proliferation
I am writing to you to express my disappointment in the failure of the Village Council to be proactive in the
control and regulation of food trucks in the Village. Failure to take proactive steps today can lead to
unanticipated consequences of proliferation, commercial activity not in keeping with the standards of Tequesta,
the economic downfall of the existing brick and mortar restaurants engaged in service to the public today and all
the while paying property taxes to the Village and other entities not paid by food truck operators and unsafe
conditions for pedestrians and vehicles seeking to access such food truck services. Reasonable regulations are
called for to preserve the health, safety and welfare of the citizens of Tequesta.
Previously, you were told that food trucks were regulated by the State as if to suggest you have no power over
such activities. This is only partially true. Food trucks are regulated by the State only for health and safety
matters pertaining to the provision of food and beverages provided to the public. All municipal powers may be
used to regulate any other aspect of food trucks, including prohibition, to protect the health, safety and welfare
of municipal citizens. If municipalities have no power to regulate food trucks then how do you explain the fact
that they do not exist in Palm Beach? Food trucks are prohibited in Palm Beach. Outdoor sales of any kind are
prohibited and sales on the streets are prohibited for obvious reasons. It destroys the brand of the Town.
A Code of Ordinances that addresses the potential problems associated with food trucks before they proliferate
and thereafter create calls for grandfathering those that exist at the point in time when you realize that a policy
of laissez faire is no policy at all would be the prudent course of action. Such an ordinance should include the
following restrictions on Food Trucks:
y Only Food Trucks in compliance with State and Village law should be allowed.
➢ Allow Food Trucks at Village Special Events with a Village permit, but only if the road or rights -of way
they are located upon is closed or partially closed to vehicular traffic or the truck is located on real
property owned or leased by the Village.
➢ All Food Trucks must be parked off —street on private property or Village owned or leased property to
avoid conflicts between vehicular traffic and the safety of persons seeking to patronize said Food
Trucks.
➢ All Food Trucks must park only on designated parking spaces clearly delineated with permanent
markings such as paint on Code required hardscape on private property.
➢ All parking spaces where it is proposed that food trucks park shall have been previously approved by the
Village at site plan review for the off-street private property in question.
➢ Prior to parking on private property and operating a Food Truck for business, a Food Truck owner or
operator must provide the Village with a letter signed and notarized by the property owner indicating
their approval of allowing the Food Truck to be parked on the private property of the owner.
➢ Food Trucks shall only be allowed on private property in the C-2 and C-3 Zoning Districts of the
Village.
➢ Only one Food Truck per private property shall be allowed.
➢ All Food trucks shall possess a valid State of Florida license for the operation of a mobile food
purveyance facility to the public.
➢ All food trucks shall possess a valid business license to operate either from the Village or another
Florida local government. If from another local government, the food truck operator shall register his/her
business with the Village per the existing requirements of the Village Code.
➢ I am providing to the Village Clerk copies of examples of food truck proliferation I am very familiar
with in Portland, Oregon. This is what one can expect if not properly regulated.
Failure to take proactive steps at this time can have a deleterious effect on the health, safety and welfare,
including economic welfare, of the citizens of Tequesta. Failing to act upon such matters can be construed as a
failure to perform all of the duties of the office to which you have been elected. Please address this situation
before the Genie wreaks havoc for having been allowed to escape from the bottle.
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