HomeMy WebLinkAboutDocumentation_Regular_Tab 16_5/13/2021Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 13 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
M� 11
ORDINANCE NO. 07-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78.
ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 10. OCCUPANCY OR USE OF
TEMPORARY STRUCTURES, TRAILERS OR VEHICLES. SECTION 78-612. OTHER USES. TO
PERMIT THE PARKING OF FOOD TRUCK TRAILERS WITHIN VILLAGE JURISDICTION UNDER
CERTAIN CONDITIONS; ALSO AMENDING CHAPTER 78. ZONING. ARTICLE IX. TO CREATE AN
ENTIRELY NEW DIVISION 11. ENTITLED "MOBILE FOOD VENDORS" IN ORDER TO ESTABLISH
LOCAL REGULATIONS FOR MOBILE FOOD VENDORS IN ACCORDANCE WITH CHAPTER 509,
FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
The proposed ordinance would codify regulations for food truck operations in the Village. This
ordinance was previously work -shopped by the Village Council and has been reviewed by the LPA
which recommends approval.
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POTENTIAL MOTION / DIRECTION REQUESTED:
Ord No 07-21 - Food Truck Regulations First Reading
Page 419 of 496
Agenda Item #16.
ORDINANCE NO. 07-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 10. OCCUPANCY OR
USE OF TEMPORARY STRUCTURES, TRAILERS OR VEHICLES.
SECTION 78-612. OTHER USES. TO PERMIT THE PARKING OF FOOD
TRUCK TRAILERS WITHIN VILLAGE JURISDICTION UNDER
CERTAIN CONDITIONS; ALSO AMENDING CHAPTER 78. ZONING.
ARTICLE IX. TO CREATE AN ENTIRELY NEW DIVISION 11.
ENTITLED "MOBILE FOOD VENDORS" IN ORDER TO ESTABLISH
LOCAL REGULATIONS FOR MOBILE FOOD VENDORS IN
ACCORDANCE WITH CHAPTER 509, FLORIDA STATUTES;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village of Tequesta, Florida (the "Village") is a duly constituted
municipality having zoning and land use regulatory authority as conferred upon it by the Florida
Constitution and Chapters 163 and 166, Florida Statutes; and
WHEREAS, mobile food vendors are becoming a popular use and activity state-wide,
including in the Village; and
WHEREAS, the Florida Legislature recently passed Senate Bill 1193 — Deregulation of
Professions and Occupations, which was signed into law on June 30, 2020, and which became
effective on July 1, 2020, amending Section 509.102, Florida Statutes, as it relates to mobile food
dispensing vehicles; and
WHEREAS, pursuant to Section 509.102, Florida Statutes, the Village cannot require
"mobile food dispensing vehicles" to obtain a separate license, registration, or permit, or pay related
fees for such licenses, registrations, or permits beyond those established by the State Department of
Business and Professional Regulation ("DBPR") as a condition for the mobile food dispensing
vehicle's operation within the Village; and
WHEREAS, in accordance with Section 509.102, Florida Statutes as well as Chapter 500,
Florida Statutes and Chapter 5K-4, Florida Administrative Code, the Village will also not require
those "mobile food establishments," which exclusively sell pre -packaged or pre-cooked foods, to
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Agenda Item #16.
obtain a separate license, registration, or permit, or pay related fees for such licenses, registrations,
or permits beyond those established by the State Department of Agriculture & Consumer Services as
a condition for the mobile food establishment's operation within the Village; and
WHEREAS, pursuant to Section 509.102, Florida Statutes, the Village further cannot
prohibit mobile food dispensing vehicles from operating within the entirety of the Village's
jurisdiction; and
WHEREAS, Section 509.102, Florida Statutes, does not prohibit the Village from enforcing
its other regulations against mobile food dispensing vehicles, including, but not limited to, its zoning
regulations, except as stated above; and
WHEREAS, the Village Council desires to recognize this specialized mobile food vendor
market segment; classify the types of permitted mobile food trucks; and establish appropriate
standards allowing for the typical range of activities while mitigating any associated, detrimental
impacts to the community at large; and
WHEREAS, the Village of Tequesta has held all required public hearings and has provided
public notice in accordance with applicable State statutes and Village ordinances; and
WHEREAS, the Village Council of the Village of Tequesta has determined that the
proposed revisions to Chapter 78, Village Code are in the best interests of the general welfare of the
Village, and in conformance with the state law preemptions contained in Sec. 509.102, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 10. Occupancy or Use of
Temporary Structures, Trailers or Vehicles. at Section 78-612. Other uses. to permit the parking
of food truck trailers within Village jurisdiction under certain conditions; providing that Section
78-612 shall hereafter read as follows:
See. 78-612. - Other uses.
(a) The intermittent or continual placement, parking, standing or utilization of any trailer,
travel
trailer or temporary structure; or vehicle used for storage purposes shall be prohibited in
all zoning districts, except where the placement, parking, standing or utilization of such
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Agenda Item #16.
trailer, travel trailer, temporary structure or vehicle used for storage purposes is
specifically allowed by Code.
Lb) The placement, parking or utilization of any trailer, travel trailer or temporary structure
that
is also classified as a mobile food truck, as defined in Section 78-641 of village code, shall
be allowed in all zoning districts, so long as the following conditions are met:
W Any such trailer, travel trailer, or temporary structure must comply with all
applicable operation and location requirements for mobile food trucks found in
chapter 78, article IX, division 11 of village code, including but not limited to:
limitations on operating days, use of designated parking spaces, daily hours of
operation, and storage requirements when not in active operation.
2 Overnight parking or storage of any such trailer, travel trailer or temporary structure
that is also a mobile food truck is expressly prohibited, except when otherwise
allowed by village code. Violators of this section shall be subject to the penalties
listed in chapter 78. article IX, division 11 of village code as well as any other legal
action available to the village.
(g)(b) Portable storage units (PSUs) shall be allowed in all residential zoning districts and in
residential areas in mixed use zoning districts so long as the following conditions are met:
(1) PSUs must be placed on driveways or approved parking areas; and
(2) PSUs are allowed at a location for no more than 14 calendar days per placement
with
no more than two placements per year.
LdJ(O PSUs shall be allowed in nonresidential zoning districts so long as the following
conditions
are met:
(1) PSUs are only allowed in conjunction with and during the duration of a valid
building
permit; and must be removed prior to the issuance of a certificate of occupancy; and
(2) PSUs shall be placed in an area approved by the building official but are not allowed
to be located in a right-of-way, easement, landscape buffer or drainage area; and
(3) PSUs shall be located in such a manner so as not to create a pedestrian or vehicular
traffic hazard.
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Agenda Item #16.
Le)(4) A permit must be secured prior to the placement of a PSU. The permit fee shall be in the
amount of the minimum permit fee as set forth in appendix C of the Village Code of
Ordinances, as may be amended from time to time.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. to create an entirely new Division
11. entitled "Mobile Food Vendors" in order to impose requirements on such vendors in
accordance with Chapter 509, Florida Statutes; providing that Chapter 78, Article IX, Division
11. shall hereafter read as follows:
DIVISION I L — MOBILE FOOD VENDORS.
Sec. 78-641. - Definitions.
As used in this article, the following terms shall be defined as follows:
Mobile food truck shall mean any vehicle that is self-propelled or otherwise movable from
place to place, and is used to vend food and beverage products. Mobile food trucks shall be
classified as one of the following:
Class I — 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.
Class II — Canteen Mucks. These vehicles vend fruits, vegetables, hot dogs, Dre-
cooked foods, pre-packa-ged 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 heatingpre-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 509.102, F.S., if they
include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid
waste disposal.
Class III — 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 #16.
Mobile service base shall mean a place for food storage, the cleaning of the equipment, the
filling of water tanks and proper disposal of waste water and grease, and shall not include the use
of a private home as a mobile service base.
Propertv owner shall mean the owner of real property on which the mobile food truck
operates.
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.
Vend shall mean to sell or offer to sell products from a mobile food truck.
Vide -issued special event permit shall mean a permit issued by the village for special
events per the requirements of chapter 78, article IX, division 8 of village code.
Sec. 78-642. — Rea uirements aunlicable to all mobile food trucks.
The following requirements shall apply to all mobile food truck operations within the village:
La)Food truck special event requirements. 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 village -issued special event iDennit prior to the event taking place.
Applications for special event permits shall be made by the proper owner to the village
in accordance with the requirements of chapter 78, article IX, division 8 of village code.
b Health and safety regulations: display of state license. A mobile food truck shall comly
with all federal, state, and local health and safety regulations and requirements, and shall
obtain and maintain any and all licenses required by any other health organization or
governmental organization having jurisdiction over the same. The license under which
the mobile food truck is operating shall be firmly attached and visible on the mobile food
truck at all times, and shall be produced to a law enforcement officer, or village code
enforcement officer upon demand.
Lc)Initial and annual fire safety inspections. The mobile food truck shall be made available
for inspection by the Village of Tequesta Fire Department at a location determined by the
Fire Department. The Fire Department shall ensure compliance with all applicable
federal, state, and local fire safety statutes, regulations, ordinances, and codes.
Subsequently, every Class I mobile food truck shall undergo an annual inspection by the
Village of Tequesta Fire Department.
Ldj Written consent of property owner. A mobile food truck shall not operate on any private
property without the written consent of the property owner. A copy of such written
permission shall be maintained in the mobile food truck at all times, and shall be
produced to a law enforcement officer, or village code enforcement officer upon demand.
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Agenda Item #16.
e Stock -in -Made: storage. All materials, equipment, and stock -in -trade shall be stored
entirely within the mobile food truck unless the property owner has obtained a village -
issued special event permit.
fD Outside patron seating. No tables, chairs, umbrellas, or other furniture for patron seating
may be placed outside the mobile food truck unless the property owner has obtained a
village -issued special event permit.
Food vending. Food vending shall only be conducted from the mobile food truck, unless
the property owner has obtained a village -issued special event permit.
Alcohol sales. A mobile food truck shall not sell alcoholic beverages, unless the property
owner has obtained a village -issued special event permit.
0i Conducting business near existing retail food establishments. A mobile food truck shall
not be located within 200 feet of any existing retail food establishment durinv, such
establishment's hours of operation without the prior written permission from the retail
food establishment. A copy of such written permission shall be maintained in the mobile
food truck at all times, and shall be produced to a law enforcement officer, or village
code enforcement officer upon demand.
Conducting business near village -sponsored or village -sanctioned special event. A
mobile food truck shall not be located within 200 feet of any village -sponsored or villa e-
sanctioned special event, unless the mobile food truck is permitted by the village to
operate at such event.
Uk 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 village -issued special event permit. Where mobile
food trucks are authorized to operate, such trucks may stop, stand or park in designated
parking areas on the property.
LI) Conducting business near sheet 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 a village -issued special event permit.
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 village -issued
special event permit
Lnj Limitations on number of mobile food trucks per property. No more than one (1) mobile
food truck shall operate on a given property at any one time, unless the property owner
has obtained a village -issued special event permit.
Uo Limitations on number of operating days. A mobile food truck shall not operate on a
given property more than two (2) consecutive days per calendar month, and further shall
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Agenda Item #16.
not operate on a given property more than ten (10) days in total per calendar year, unless
the property owner has obtained a village -issued special event permit.
� Use of designated parking spaces. On -site parking requirements shall be maintained for
the principal use of the property. The subiect site should also provide parking for the
customers of the food truck. The mobile food truck shall not be barked:
W in a required parkin space;
2� in a fire lane or in an area blocking a fire hydrant;
3� in Americans with Disabilities (ADA) accessible parking spaces or
accessible ramps;
on an unimproved surface (including but not limited to dirt, sand, grass, gavel,
or vacant lot); or
in any driveway aisles, "no parking" zones, or loading -only areas.
Hours of operation. A mobile food truck shall operate only between the hours of 7:00
a.m. to 9:00 p.m., unless the property owner has obtained a villa e-issued special event
ermit.
LO Parkinz and storaZe of inactive mobile ,food trucks. The parking or storage of mobile
food trucks that are not in active operation is expressly prohibited, except when otherwise
allowed by village code such as the parking of commercial vehicles, trucks, or trailers
within residential zoning districts pursuant to chapter 46, article III, division 2 of village
code. If otherwise allowed by village code, any barking or storage of an inactive mobile
food truck shall conform with all applicable location and screening requirements.
Ls)Noise limitations. 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 contained in chapter 30, article X of village code. A
property owner may apply for a special event permit with the village to deviate from
these requirements.
Lt)Restroom facility. Mobile food trucks operating on a prop 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. A copy of such written permission shall be
maintained in the mobile food truck at all times, and shall be produced to a law
enforcement officer, or village code enforcement officer upon demand.
Luj Waste disposal. Mobile food trucks shall:
W Provide for their own waste collection and removal such that no waste remains on
the proper
Provide a waste receptable for public use;
3 Keep the surrounding area neat and orderly at all times;
4 Remove all garbage or trash prior to departure of the mobile food truck each day;
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Agenda Item #16.
5 Properly discard any waste material in accordance with any applicable federal,
state, county, and municipal laws, rules, regulations, orders, or permits;
6 Not, under any circumstances, release grease or any waste materials into the
stormwater system, tree pits, sidewalks, streets, parking lots, or onto any private or
public property;
7 Not, at any time, discharge any fluids or toxic pollutants.
8 Class I mobile food trucks shall also have a current written agreement, with a state
or local licensed facility, for the proper disposal of grease. A copy of such written
agreement shall be maintained in the mobile food truck at all times, and shall be
produced to a law enforcement officer. or village code enforcement officer upon
demand.
Uv Signaze. Menu suns shall be affixed to the mobile food truck at all times, and mobile
food trucks shall not display any products or samples off of the vehicle. Mobile food
trucks shall not post or utilize any advertising, except that the prices, product descriptions
and food truck name may be posted on the vehicle. No freestanding signs or
advertisements, sandwich board suns, flags, balloons, streamers, flashing lights, banners,
or other similar attraction devices or person(s) shall be posted or utilized to advertise
mobile food trucks. When in operation, subsection 78-745(e) of the village code shall not
apply to mobile food trucks.
Sec. 78-643. — Vending locations by zoning district.
A mobile food truck shall be permitted to operate only on the fro ernes designated nated below,
unless the property owner has obtained a village -issued special event permit allowing for a
deviation from these requirements.
La)Class I —Mobile food trucks.
W Residential zoning districts.
a. Individual sinizle-family lots onlv 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, and shall be produced
to a law enforcement officer, or village code enforcement officer upon
demand. 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.
Page 427 of 496
Agenda Item #16.
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� Recreation/open space district. The vending of products from a Class I mobile
food truck on properties zoned as recreation/open space shall be allowed only on
designatedparking areas or pursuant to an approved special event permit from the
viler
b Class H — 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
ermit.
Lc) Class III —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. A copy of such written agreement shall be maintained in
the mobile food truck at all times during the event, and shall be produced
to a law enforcement officer, or village code enforcement officer upon
demand. The term "catering services" shall not include the vendingf
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.
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 proper where retail sales
and restaurants are a permitted use under the applicable zoning regulations.
3� Recreation/open space district. The vending of products from a class III ice cream
truck on properties zoned as recreation open space shall be allowed only on
designatedparking areas or pursuant to an approved special event permit from the
viler
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.
Sec. 78-644. — Penalties for violations.
Page 428 of 496
Agenda Item #16.
It shall be unlawful for any person to violate any of the provisions of this division. This
division may be enforced by any means allowed by law, including, but not limited to, code
enforcement citation under F.S. ch. 162, and chapter 2 of village code, or legal action. If the
citation method is used to punish violators, the violation shall be treated as a civil infraction,
and fines shall be set forth in the schedule of fees and charges adopted by resolution of the
village council and such fines may then be revised from time to time by resolution of the
village council; however, any fine amount set forth in such resolution of the village council
shall not to exceed five hundred dollars ($500.00) per offense. Each day a violation occurs
shall constitute a separate offense and shall be punishable hereunder as a separate offense.
Secs. 78-645 78-650. - Reserved. cover. 78_6-, 78_69)n. - uoroF1Toda0
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. to create an entirely new Division
12. to reserve Sections 78-651 through 78-690 for future village purposes; providing that Chapter
78, Article IX, Division 12. shall hereafter read as follows:
DIVISION 12. — RESERVED
Secs. 78-651 78-690. - Reserved.
Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 5: All Ordinances or parts of Ordinances in conflict be and the same are
hereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon passage.
FIRST READING this day of May 2021.
SECOND AND FINAL READING this day of June 2021.
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Agenda Item #16.
ATTEST:
LORI MC`1VILLIAMS, MMC
VILLAGE CLERK
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VILLAGE OF TEQUESTA
MAYOR ABIGAIL BRENNAN
(Seal)
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