HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_2/1/2021Agenda Item #2.
Workshop
STAFF MEMO
Meeting: Workshop - Feb 01 2021
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
Village Code Discussion and Consideration for Mobile Food Trucks
Village Code Discussion and Consideration for Mobile Food Trucks
1-25-21- Mobile Food Trucks - Memo - Village Council workshop
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Agenda
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VILLAGE OF TEQ UESTA
To: Mayor Abby Brennan and Village Council
From: Nilsa Zacarias, AICP, Community Development Director
Date: 1/25/2021
Ref.: Mobile Food Trucks— Village Code Discussion and Consideration
This memorandum includes the following items:
1. DEFINITIONS
Mobile food truck shall mean any vehicle that is self-propelled or otherwise movable from place to
Ip ace, and is used to vend food and beverage products. Vehicle shall mean a motorized vehicle,
including a trailer or other portable unit attached to a motorized vehicle, that is intended for use in
vending. Mobile food trucks can be classified as one of the following:
Class 1—Mobile kitchens. In addition to the vending of products allowed for class II and class III mobile
food trucks, these vehicles may cook, prepare and assemble food items on or in the unit, and serve a
full menu. Customers may be notified of the vehicle's location by social media or other forms of
advertising. These vehicles may be classified as "mobile food dispensing vehicles," as defined by
section 509.102, F.S., if they include self-contained utilities, including, but not limited to, gas, water,
electricity, or liquid waste disposal. [This includes food trucks, trailers, campers (Airstream), etc.]
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Agenda Item #2.
Class 11— Canteen trucks. These vehicles vend fruits, vegetables, hot dogs, pre-cooked foods, pre-
packaged foods and pre -packaged drinks. No preparation or assembly of foods or beverages may
take place on or in the vehicle. However, the heating of pre-cooked foods is allowed. A cooking
apparatus or grill top for the heating of pre-cooked foods is permitted so long as it complies with
state regulations. These vehicles are limited to providing catering services to employees at a
specific location. These vehicles may be classified as "mobile food dispensing vehicles," as
defined by section 509.1021 F.S., if they include self-contained utilities, including, but not limited
to, gas, water, electricity, or liquid waste disposal. {Includes lunch wagons that move around
construction or other sites usually at lunchtime, offering prepackaged sandwiches and beverages,
or tacos, hotdogs, etc.}
Class 111— Ice cream trucks. These vehicles vend only pre -packaged frozen dairy or frozen water -
based food products, soft serve or hand -dipped frozen dairy or frozen water -based food products
and pre -packaged beverages. These vehicles
may be classified as "mobile food dispensing
vehicles," as defined by section 509.102, F.S., if
they include self-contained utilities, including,
but not limited to, gas, water, electricity, or
liquid waste disposal.
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Agenda Item #2.
2. FLORIDA STATUTES
In 2020, the Florida Legislature adopted 509.102, F.S. With regard to this legislation, the
Village Counsel, Keith Davis, Esq., prepared a White Paper updated November 2020. Page 1
from the subject document indicates: "The Florida Department of Business and Professional
Regulation (DBPR) is the state agency responsible for licensing food trucks in terms of
sanitation and food safety standards; Municipal regulations may defer to DBPR licensing as a
condition of operating within the jurisdiction. However, in light of this year's newly -adopted
statutory restrictions at § 509.102, F.S, a municipal government may not require its own
license, registration, or permit for food truck operation within the municipality's jurisdiction.
The only license, registration, or permit requirement forfood truck operation shall be the one
required by the applicable state agency, currently Florida DBPR."
"Otherwise, food truck regulations should be rationally related to the municipality's police
powers (protecting the public health, safety and welfare) as opposed to being adopted for
purposes of "protectionism" of traditional brick and mortar establishments."
"The primary state licensing agency for food trucks, and any mobile vehicle that prepares (cooks) and
sells food, is the DBPR, and specifically the DBPR's Division of Hotels and Restaurants.' The Florida
Department of Agriculture & Consumer Services regulates mobile food vehicles that sell only pre-
packaged and/or pre-cooked food."
Please see enclosed the subject White Paper document.
3. CURRENT VILLAGE CODE
The Village Code will benefit to include specific language regarding mobile food truck.
Currently, the Code provides the followingsection regarding trailers, Sec. -6. — Other uses.
(a) The intermittent or continual placement, parking,, standing r utilization of any trailer,
travel trailer or temporary structure; or vehicle use for storage purposes shaii be prohibited
in all zoningi ri , except where the placement, parking, standing r utilization such
trailer, travel trailer, temporary structure or vehicle used for storage purposes is specifically
allowed by Code.
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Agenda Item #2.
c. 7 -. — Definitions. Indicates the following:
Trailer means a separate vehicle, not driven or propelled y its own power, but drawny
some independent r, to include any portable or movable structure or vehicle including
trailers designed for living quarters, offices, storage, or for moving or hauling freight,
equipment,i ls, or merchandise of any kind, including oats, boat trailers, swamp
buggies, half -trucks and the like.
Community Developmet received inquires from two (2) interested parties to install a food
trailer in the Village: One (1) to be located at Gallery Square North's site; and, the Second (2)
to be located at the site previously known as ludy's Cafe in US Hwy 1.
4. ZONING CONSIDERATIONS FOR REVIEW AND DISCUSSION
A. location of Mobile Food Trucks
Considerations need to be made regarding where at the Village will be suitable to park
food trucks/food trailers. Please see the following considerations based on the type of
food truck as defined in this memorandum:
(a) Class 1—Mobile food trucks.
(1) Residential zoning districts.
a. Individual single-family lots only if there is a written contractual agreement
between a mobile food truck and the property owner for catering services.
A copy of such written agreement shall be maintained in the mobile food
truck at all times during the event. The term "catering services" shall not
include the vending of products from the mobile food truck itself during a
catered event, and does not include events that are open to the public.
b. Properties owned by homeowners associations or property owners
associations.
C. Rental apartment complexes.
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Agenda Item #2.
(2) Nonresidential zoning districts and mixed -use districts. Class I mobile food trucks
shall be permitted on any nonresidential or mixed -use property where retail sales
and restaurants are a permitted use under the applicable zoning regulations.
(3) Public ownership districts. The vending of products from a class I mobile food
truck on properties zoned as public ownership shall be allowed only on designated
grassed parking areas, unless the property owner has obtained a special -event
permit.
(b) Class 11—Canteen trucks. Class II canteen trucks are prohibited in all zoning districts
except to provide catering to employees on -site at locations within clearly
delineated boundaries of the site. Boundaries shall be delineated through the use
of fencing or other materials enclosing a construction site, where there is a
currently valid construction permit.
(c) Class 111—Ice cream trucks.
(1) Residential zoning districts.
a. Individual single-family lots only if there is a written contractual agreement
between a mobile food truck and the property owner for catering services.
The term "catering services"' shall not include the vending of products from
the mobile food truck itself during a catered event, and does not include
events that are open to the public.
d. Properties owned by homeowners associations or property owners
associations.
e. Rental apartment complexes.
(2) Nonresidential zoning districts and mixed -use districts. Class III ice cream trucks
shall be permitted on any nonresidential or mixed -use property where retail sales
and restaurants are a permitted use under the applicable zoning regulations.
(3) Public ownership districts. The vending of products from a class III ice cream truck
on properties zoned as public ownership shall be allowed only on designated
grassed parking areas, unless the property owner has obtained a special -event
permit from the village.
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Agenda Item #2.
(4) Rights -of -way. A class III ice cream truck shall not stop, stand or park for more
than ten (10) minutes, unless there are customers waiting in line to buy products.
B. Number of Operating Days, Hour of Operation and Removal from Property
Since food trucks are mobile; they have a temporary use nature and considerations need to
be made regarding the length of operating such use. For example: A mobile food truck shall
not operate on a given property more than two (2) consecutive days per calendar month, and
further shall not operate on a given property more than ten (10) days in total per calendar
year, unless the property owner has obtained aspecial-event permit from the village.
Based on Village Council recommendation, amobile Food truck ordinance could include
hours of operation. For example, food trucks can operate only between the hours of 7:00 a.m.
to 9:00 p.m., unless the property owner has obtained aspecial-event permit from the village.
Food trucks shall be removed from the property when not in operation.
C. Use of Designated Parking Spaces
On -site parking requirements shall be maintained for the principal use of the property. The
subject site should also provide parking for the customers of the food truck. The mobile food
dispensing vehicle shall not be parked in a required parking space; in a fire lane nor block fire
hydrants; in Americans with Disabilities Act (ADA) accessible parking spaces and/or accessible
ramps; on an unimproved surface (e.g., dirt, sand, vacant lot, etc.); or. in any driveway aisles,
"no parking" zones. or loading -only areas.
D. Conducting Business Near Existing Food Service Establishments
Considerations need to be made regarding the location of the food trucks in terms of brick
and mortar existing food establishment. For example: A mobile food truck shall not be
located within 200 feet of any existing food service establishment during such
establishment's hours of operation without the prior written permission from the food
service establishment.
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Agenda Item #2.
E. Conducting Business in Public Right -of -Way.
A mobile food truck, except for ice cream trucks, shall not conduct business or operate in the
public right-of-way, unless the adjacent property owner has obtained a special -event permit
from the village. Where mobile food trucks are authorized to operate, such trucks may stop,
stand or park in designated parking areas on the property.
F. Conducting Business Near Street Intersections or Pedestrian Crosswalks.
A mobile food truck shall not be located within fifteen (15) feet of any street intersection or
pedestrian crosswalk, unless the property owner has obtained aspecial-event permit from the
village.
G. Interference with Vehicular and Pedestrian Traffic
A mobile food truck shall not impede the flow of vehicular traffic, sidewalks, the ingress or
egress of other businesses, building entrances, or emergency exits, unless the property owner
has obtained a special -event permit from the village.
H. Noise Limitations
In terms of noise, except for class III ice cream trucks, a mobile food truck shall not make
sounds, announcements, or amplify music to call attention to its vending or products either
while traveling on public or private rights -of -way, or when stationary. All mobile food trucks,
including, but not limited to, class III ice cream trucks, shall comply with the village's noise
ordinance. A property owner may apply for a special -event permit with the village to deviate
from these requirements.
I. Restroom Facility
Mobile food trucks operating on a property for a duration of more than three (3) hours shall
have a written agreement with the property owner that confirms the food truck employees
have access to a flushable restroom within 400 feet of the vending location during the hours
of operation.
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Agenda Item #2.
J. Waste Disposal
The following considerations are recommended for discussion in terms of waste disposal:
• Food trucks shall provide for their own waste collection and removal such that no waste
remains on the property.
• Food truck must provide a waste receptacle for public use.
• The area shall be kept neat and orderly at all times and garbage or trash shall be removed
prior to departure of the mobile food truck each day.
• Class I mobile food trucks further shall have a current written agreement, with a state or
local licensed facility, for the proper disposal of grease.
• Under no circumstances shall grease or any waste materials be released into the
stormwater system, tree pits, sidewalks, streets, parking lots, or private/public property.
Mobile food vendors shall be responsible to properly discard any waste material in
accordance with federal, state, county, municipal, or any laws, rules, regulations, orders,
or permits.
• No fluids or toxic pollutants shall be discharged from a food truck at any time.
K. Signage and Advertising
Considerations need to be made regarding signage and advertising as follows:
• Menu signs may be affixed to the food truck.
• Food trucks shall not display its products off of the mobile food dispensing vehicle.
{E.g., tables for displaying food samples.}
• Food trucks shall not post or utilize any advertising, except that the prices, product
descriptions and name of food truck may be posted on the vehicle. Food trucks shall not
post or utilize any freestanding advertisements, flags, balloons, streamers, flashing lights,
banners, or other similar attraction devices or utilize a person(s) to advertise the mobile
food dispensing vehicle.
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Agenda Item #2.
L. Special Events including Food Trucks
Gatherings of two (2) or more class I, class II,and/or class III mobile food trucks on a property
at any given time shall be classified as a food truck special event. In order for such events to
occur, the property owner shall be required to obtain a special event permit from the village
prior to the event taking place. Applications for special event permits shall be made by the
property owner to the village in accordance with the requirements of chapter 16 of village
code.
M. Alcohol Sales
Usually food trucks do not sell alcoholic beverages, unless they obtained a special -event
permit from the local government.
N. Fire Inspections
Currently, prior to operating a food truck within the Village, the Fire Safety department
conducts a safety inspection. The fire inspection is for the safety of the general public
to ensure the mobile food dispensing vehicle complies with all applicable federal, state,
and local fire safety statutes, regulations, ordinances, and codes.
Note: Please see enclosed White Paper prepared by Keith Davis, Esq.
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Agenda Item #2.
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney
City, County and Local Government Law
Email: keith@davisashtonlaw.com
TO: Village Manager Allen
FROM: Village Attorney Davis
DATE: October 31, 2019, with November 30, 2020 updates
RE: Food Truck Regulation
MEMORANDUM
You have asked for my opinion regarding the limits within which the Village of Tequesta may
regulate the use and operation of food trucks within its jurisdictional borders. My office has
reviewed the current state of the law on this matter, as well as current existing "best practices"
and as a result, I offer the following:
Generally
The Florida Department of Business and Professional Regulation (DBPR) is the state agency
responsible for licensing food trucks in terms of sanitation and food safety standards; Municipal
regulations may defer to DBPR licensing as a condition of operating within the jurisdiction.
However, in light of this year's newly -adopted statutory restrictions at § 509.102, F.S, a municipal
government may not require its own license, registration, or permit for food truck operation within
the municipality 7 s jurisdiction. The only license, registration, or permit requirement for food truck
operation shall be the one required by the applicable state agency, currently Florida DBPR.
Otherwise, food truck regulations should be rationally related to the municipality's police powers
(protecting the public health, safety and welfare) as opposed to being adopted for purposes of
"protectionism" of traditional brick and mortar establishments.
Licensing of Food Trucks in Florida
The primary state licensing agency for food trucks, and any mobile vehicle that prepares (cooks)
and sells food, is the DBPR, and specifically the DBPR's Division of Hotels and Restaurants.' The
1 Romy Jurado, Operate a Food Truck in Florida the Legal Way, JURADO & FARSHCHIAN LAW FIRM (Sept. 12,
2017), https://jflawfirm.com/operate-a-food-truck-in-florida-the-legal-way/.
701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 1 p 561-586-7116 1 f 561-586-9611
www.davisashtonlaw.com
♦ LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS
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October 31, 2019, with November 30, 2020 updates
Food Trucks
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Florida Department of Agriculture & Consumer Services regulates mobile food vehicles that sell
only pre -packaged and/or pre-cooked food.2 Finally, the Florida Department of Health regulates
food service located in "institutional settings" (schools, assisted living facilities, etc.), and does not
have regulatory jurisdiction over any type of mobile food vehicle.
The DBPR Division of Hotels and Restaurants licenses food trucks as mobile food dispensing
vehicles ("MFDVs"), and requires all food truck business owners to complete an application, which
requires submission a detailed plan of the vehicle to ensure compliance with minimal health and
safety requirements.' Additionally, all food truck business owners must show that their mobile
food vehicle has the capability for washing dishes and equipment, refrigeration, and storage.'
Some services, such as the acquisition of potable water and the disposal of wastewater, can be
provided for within the mobile food vehicle itself or can be carried out at a separate public food
service establishment, also called a commissary.' An analysis of several Florida jurisdictions
which have adopted local food truck regulations' reveals that local -level permitting requiring proof
of state level DBPR licensing as a condition precedent to operating a food truck in the particular
jurisdiction is common.'
Case and Statutory Law Limiting Local Regulation of Food Trucks
The courts have rendered opinions that serve as limits on a municipality's ability to regulate the
food truck industry. In Diaz v. City of Fort Pierce, the City of Fort Pierce ("City") enacted an
ordinance prohibiting food trucks from operating within 500 feet of any "brick and mortar" business
that sold food.' Two food truck owners sued the city and asked to court to enjoin the enforcement
of the ordinance.' The 500-foot ban in the ordinance essentially prevented the food tucks from
operating anywhere in downtown Fort Pierce.10 The court ruled that the city ordinance was not
rationally related to any interest other than protectionism; was unconstitutionally arbitrary; and
2 Food Safety and Sanitation, FLORIDA DEFT OF HEALTH (last modified Sept. 12, 2019),
http://www.floridahealth.gov/environmental-health/food-safety-and-sanitation/index.html; Phone Interview with
Dep't of Bus. & Professional Regulation Employee (Sept. 18, 2019).
3 FL. DEP'T OF BUS. & PROFESSIONAL REGULATION, MOBILE FOOD DISPENSING VEHICLE PLAN REVIEW
APPLICATION (last visited Sept. 19, 2019),
http://www.myfloridalicense.com/dbpr/hr/forms/documents/application_packet_for mfdv_plan_review.pdf.
4 Id.; Jurado, supra note 1.
5 MOBILE FOOD DISPENSING VEHICLE PLAN REVIEW APPLICATION supra note 3; Jurado, supra note 1; see also Rule
61 C-4.0161, FLA. ADMIN. CODE ("Mobile Food Dispensing Vehicles and Theme Park Food Carts").
6 Palm Beach Gardens, Delray Beach, Gainesville, Miami, St. Petersburg, and Orlando.
Palm Beach Gardens, Muni. Code § 78-196(d)(2)(3); Miami, Muni. Code § 31-51; Delray Beach, Muni. Code §
120.01(C)(1); St. Petersburg, Muni. Code § 16.50.440.4.1; CITY OF ORLANDO, MOBILE VENDING FAQ (Aug. 20,
2015), http://www.cityoforlando.net/city-planning/wp-content/uploads/sites/27/2017/10/MobileVendingFAQ-
2017.pdf.
s 2019 Fla. Cir. LEXIS 74 (19th Cir. Fla. 2019).
9 Id.; see also Erin MacPherson, Fort Pierce food truck ban temporary lifted, CBS CHANNEL 12 NEWS (Mar. 1,
2019), https:Hcbsl2.com/news/local/fort-pierce-food-truck-ban-temporary-lifted.
to Id.
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Agenda Item #2.
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Food Trucks
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was facially unconstitutional under the Florida Constitution's Due Process and Equal Protection
Clauses.11 The court also stated that this type of flat ban is not rationally related to any legitimate
city police power interest, and does not promote matters of public health, safety or welfare,12
specifying that protectionism, by itself, is not a valid exercise of a police power.13 Jurisdictions in
other states have also experienced pushback from the public and from the courts regarding
regulations that are felt to go too far. In 2009, a California court overturned a Los Angeles County
regulation prohibiting food trucks from parking in the same place in a residential neighborhood for
more than a 30-minute period, or in a commercial area for more than a one -hour period."
Based on these court opinions, legally defensible food truck regulations in the Village should have
at least a rational connection of protecting the health, safety, and welfare of the general public.
Food trucks do present potential issues which provide clear reasons for issuing regulations at a
local government level — parking, sanitation, pedestrian access and vehicular traffic."
Additionally, the Diaz court noted, interestingly, that restrictions based on zoning districts16, and
less onerous distance separation limits17 had been upheld in other parts of the country). A well -
reasoned set of local regulations for food trucks should balance all these interests, while also
accounting for the preferences of other stakeholders in the Village, including residents,
neighborhoods, and other public and private entities.
In addition to the above case law, the Florida Legislature in 2020 also adopted new statutory
limitations for local government regulation of food trucks in Florida. House Bill 1193, which was
signed into law on June 30, 2020, creates § 509.102, F.S. to preempt the licensing, registration,
requiring a business tax receipt for the operation of food and permitting of food trucks to the state and also prohibits Florida local governments from In addition, House Bill 1193
prohibits Florida local governments from completely banning the operation of food trucks within
their respective jurisdictions." However, House Bill 1193 also provides that the above limitations
11 Diaz, 2019 Fla. Cir. LEXIS 74.
12 Id. at *2.
13 Id. at *2-*3.
" UCLA law students help taco truck operators overturn L.A. ordinance, L.A. TIMES (June 10, 2009),
http://latimesblogs.latimes.com/lanow/2009/06/ucla-law-students-help-taco-truck-operators-overturn-la-
ordinance.html.
" Jessica Huey, On the Go: Insights into Food Truck Regulation, HARVARD KENNEDY SCHOOL ASH CTR. FOR
DEMOCRATIC GOVERNANCE & INNOVATION (Feb. 20, 2015).
16 Id. at *3 (citing Eskind v. City of Vero Beach, 159 So. 2d 209, 211 (Fla. 1963)).
17 Id. at *3-*4 (citing LMP Services, Inc. v. City of Chicago, 95 N.E.3d 1259 (I11. App. Ct. 2017) (allowing a ban for
food trucks within 200 feet of any restaurant's principal customer entrance, but Florida's 19th Circuit Court noted
that this ordinance made efforts to balance the interests of both food trucks and brick -and -mortar restaurants and
"contained numerous accommodations and exceptions").
18 House Bill 1193, Section 75 (2020).
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Food Trucks
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are exclusive and may not otherwise be construed to 66 affect a. local governmental entity's
11 20
authority to regulate the operation of [food trucks]
within its jurisdiction.
Best Practices
An analysis of a National League of Cities report ("NLC report") 21 and of existing local food truck
regulations from other municipalities in Florida has identified common patterns of `best practices'.
Generally, there are four different types of food truck regulations: (1) economic activity; (2) public
space; (3) public health; and (4) public safety. Adoption of any these best practices should also
be based on the current statutory and case law restricting local government food truck regulations
in Florida.
1. Economic Activity
Economic activity regulations require permitting and the payment of fees. Most
municipalities that regulate food trucks require the issuance of a permit and the collection
of a fee prior to food truck operation22 Of the six examples of local government codes
reviewed for this Memorandum, five require a local permit that is in addition to the MFDV
permit issued by DBPR.21 Three also require applicants to pay a business tax,24 and two
require applicants to show proof of insurance.25As mentioned above, local regulations
may require food truck applicants to furnish their Florida DBPR license as a pre -requisite
for operating within the locality's jurisdiction, and it is advisable to do S0.26 However, it is
noJonger permissible for Florida municipal and county governments to require their own
registration, or permit,
including a business tax receipt requirement, as a pre-
requisite for food trucks operating within a municipal or county government's jurisdiction.
The implementation of a class system to distinguish between different types of food trucks
is not uncommon: Class I food trucks typically cook and prepare food, and Class II food
trucks typically sell pre -packaged foods.27
2a
21 NAT'L LEAGUE OF CITIES, FOOD ON WHEELS: MOBILE VENDING GOES MAINSTREAM (2013),
https://www.nlc.org/sites/default/files/RI_FoodTruckReport2013_final.pdf [hereinafter `NAT'L LEAGUE OF CITIES
REPORT'].
22 Id.
23 See supra note 3.
24 Miami, Muni. Code § 31-51(c)(1); St. Petersburg, Muni. Code § 16.50.440.4.1; CITY OF ORLANDO, MOBILE
VENDING FAQ (Aug. 20, 2015), http://www.cityoforlando.net/city-planning/wp-
content/uploads/sites/27/2017/ 10/MobileVendingFAQ-2017.pdf.
25 Miami, Muni. Code § 31-51(c)(1); St. Petersburg, Muni. Code § 16.50.440.4.2.
26 See supra note.
27 St. Petersburg, Muni. Code § 16.50.440.2.1; Palm Beach Gardens, Muni. Code § 78-196(a)(1); Delray Beach,
Muni. Code § 120.01(A)(1).
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2. Public Space
Public space regulations deal with time limits, proximity limits, geographic restrictions, and
density restrictions. These public space regulations are generally permissible following the
newly -passed state preemption for food truck licensing, permitting, or registration at §
509.1021 .,
so long as there is no local licensing or permitting requirement in
conjunction with the public space regulations.
Time limits - The NLC report recommended a time limit of four hours or longer, if
implementing a time limit at all.28 Only one municipality of the six we reviewed has a time
constraint regulation for food trucks — Delray Beach has a maximum operating time of six
hours in one location.29
Proximity limits - The NLC report recommended a proximity restriction of no more than
200 feet. Additionally, the NLC report noted that a jurisdiction -wide distance ban ignores
context, and overlooks specific areas where larger (or no) ban would be more
appropriate.30 The municipalities we reviewed vary in their proximity restrictions to brick -
and -mortar restaurants from having no restriction,31 to 200 feet,32 or 500 feet.33
Geographic restrictions - One common geographic limitation is a restriction on food
trucks in downtown districts, "where a large number and variety of established businesses
and residences are in close proximity to each other.1134 The NLC report states "[t]he greater
density of the area, the greater the case for more restrictions," but the report advises to
only implement a total ban on all mobile food vending in areas when "the circumstances
are exceptional.7735 All six of the Florida municipalities we reviewed include some zoning
limitations. Three municipalities prohibit food trucks from operating within residential
districts.31 One municipality prohibits food trucks in the downtown center zoning district
but allows for exceptions if the food truck owner first obtains a permit.3
Density restrictions — In order to preserve public space, municipalities may impose
density limits on food trucks in a given area, placing a maximum on the number of food
28 Id. The NLC Report notes that food trucks need at least 1-2 hours to set-up and pack -up, so anything less than
four hours leaves little vending time to food trucks.
29 Delray Beach, Muni. Code § 120.01(G)(2).
" Recall Fort Pierce's ban, supra note 8, where a 500-ft ban essentially barred food trucks from operating in the
entire downtown area of Fort Pierce.
" Palm Beach Gardens; Orlando; St. Petersburg
32 Delray Beach, Muni. Code § 120.01(E)(7).
33 Miami, Muni. Code § 31-51(c)(1).
34 NAT' L LEAGUE OF CITIES REPORT, supra note 21.
35 Id.
36 Delray Beach, Muni. Code § 120.01(D); Palm Beach Gardens, Muni. Code § 78-196(e)(3); CITY OF ORLANDO,
MOBILE VENDING FAQ (food trucks generally allowed in non-residential zoning districts and in Main Street areas).
31 St. Petersburg, Muni. Code § 16.50.440.4.3.A. La. This regulation is likely invalid in light of the recently -passed
state preemption at § 509.102, F.S.
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trucks permissible on a given parcel at any given time.38 Many municipalities have relied
however,on the special event permit process to facilitate events with multiple food trucks;
in light of the newly created state preemption at § 509.102, ., .
t is not likely that the
special event permit process can be used as a pre -requisite for food truck operation in the
39
3. Public Health
Public health regulations are related to sanitation and food safety. The NLC report notes
that municipal public health regulations regarding both sanitation and food safety are
generally "similar" and "do not vary that much from city to city."40 In Florida, as noted
above, these issues are regulated by DBPR.41 Following this years'adoption of § 509.102,
F.S.,
for any agency -created sanitation and food safety standards. However, Florida
municipalities may institute other public health measures that are outside DBPR's
regulatory scope, including local fire safety inspections and fire extinguisher
requirements ) 42 and solid waste / grease disposal requirements this memo strongly recommends any local food truck regulations to defer to DBPR
4. Public Safety
Public safety regulations deal with private property, schools, and pedestrian safety.
Similar to the'Public Space' regulations described in Section 2. above, these Public Safety
regulations are generally permissible following the recently -adopted state preemption for
••• truck licensing, permitting, or , • at § 509.102,• • as there is no
local licensing or permitting requirement is created in conjunction with the Public Safety
regulations. In addition,• - ••• truck regulationadopted by a Florida local
government must be rationally related to the local government's police powers, including
"the promotion of public health, traffic congestion, or safety," and may not be implemented
as part of a protectionist scheme for brick -and -mortar restaurants or any other local
intereSt.44 Therefore, setback and zoning requirements in are generally permissible for
38 Palm Beach Gardens, Muni. Code § 78-196(g)(2); Delray Beach, Muni. Code § 120.0 1 (G)(6); Gainesville Muni.
Code § 30-5.35B.1.; St. Petersburg, Muni. Code § 16.50.440.4.3.B.5.
39 Palm Beach Gardens, Muni. Code § 78-196(g)(2); Delray Beach, Muni. Code § 120.0 1 (G)(6); Gainesville Muni.
Code § 30-5.35C.; St. Petersburg, Muni. Code § 16.50.440.3.1; Miami, Muni. Code § 31-51(e).
40 NAT' L LEAGUE OF CITIES REPORT, supra note 21.
41 An exception is Miami, which requires all food trucks to be inspected and certified by the Miami -Dade
Department of Health twice each year. Miami, Muni. Code § 39-42(1).
42 Palm Beach Gardens, Muni. Code § 78-196(d)(4); Delray Beach, Muni. Code § 120.0 1 (C)(2); Gainesville Muni.
Code § 30-5.35B.7.
43 Palm Beach Gardens, Muni. Code § 78-196(f)(1); Delray Beach, Muni. Code § 120.01(F)(2); Gainesville Muni.
Code § 30-5.35B.6.; St. Petersburg, Muni. Code § 16.50.440.3.2.F.; Miami, Muni. Code § 31-51(c)(7); CITY OF
ORLANDO, MOBILE VENDING FAQ
44 See Diaz v. City ofFort Pierce, supra note.
Page 22 of 23
Agenda Item #2.
October 31, 2019, with November 30, 2020 updates
Food Trucks
Page 17
Furthermore,local food truck regulations, while a minimum distance requirement for food trucks
operating near brick -and -mortar restaurants would not be recommended.
following the state's adoption of § 509.102,
a Florida municipal or county government
.,
may not institute a complete ban of food truck operation within its respective jurisdiction.
Private property - The NLC report recommends adopting regulations in areas where
negative `spillover' effects from food trucks (crowding, noise, etc.) negatively affect
neighboring property. Three of the six municipalities we reviewed require the property
owner to grant advance written permission to the food truck operator.45
Schools - With respect to operating food trucks near schools, the NLC report
recommends greater proximity from schools when compared to restaurants.46 Of the six
municipal codes we reviewed, only Miami includes this regulation.47
Pedestrian safety - These regulations impose setbacks from sidewalks of other
pedestrian ways. The NLC report notes most cities don't include these regulations in their
codes. However, most of the municipal codes we reviewed include setback requirements
or overall prohibitions from operating on public rights-of-way.48
41 Palm Beach Gardens, Muni. Code § 78-196(d)(1); St. Petersburg, Muni. Code § 16.50.440.4.3.B.3.; CITY OF
ORLANDO, MOBILE VENDING FAQ.
46 NAT' L LEAGUE OF CITIES REPORT, supra note 21.
47 Miami, Muni. Code § 39-32(3) (prohibiting vending within 500 feet of any property used for school purposes on
all school days between hours of 7:00 am and 4:30 pm).
48 Palm Beach Gardens, Muni. Code § 78-196(e)(8); Delray Beach, Muni. Code § 120.01(7)(a); Gainesville Muni.
Code § 30-5.35B.4.; St. Petersburg, Muni. Code § 16.50.440.4.3.B.7.; Miami, Muni. Code § 39-32; CITY OF
ORLANDO, MOBILE VENDING FAQ.
Page 23 of 23