HomeMy WebLinkAboutDocumentation_Regular_Tab 16_12/14/2023 Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - Dec 14 2023
Staff Contact: Jeremy Hubsch Department: Community Development
ORDINANCE 16-23, SECOND READING, 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 11. MOBILE
FOOD VENDORS. TO CONFORM THIS SECTION TO RECENT CHANGES IN STATE LAW
REGARDING PERMITTING AND OPERATION OF MOBILE FOOD VENDORS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION 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.
Following the 2023 legislative session, Laws of Florida 23-48 was enacted, which amended Sections
509.101 and 509.102 of the Florida Statues. The amendment created certain statutory preemptions to
local regulation of food trucks and temporary commercial kitchens. Ordinance 16-23 will update the
Village's food truck and temporary commercial kitchen operating regulations to conform to the
changes of state law.
The new regulations enable the operation of temporary commercial kitchens on a short-term basis,
when paired with an existing permanent food service establishment. The intent of this is to allow
restaurant operators to be more flexible during or after natural disasters or pandemics like Covid-19.
The Local Planning Agency voted 5-0 to recommend approval of Ordinance 16-23 at the October 19,
2023, meeting, with no changes to the Ordinance.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
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Agenda Item #16.
COMMENTS/EXPLANATION ON SELECTIONn/a
Ordinance 16-23
Ordinance 16-23-LPA Memo
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Agenda Item #16.
ORDINANCE NO. 16-23
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 11. MOBILE FOOD
VENDORS. TO CONFORM THIS SECTION TO RECENT CHANGES IN
STATE LAW REGARDING PERMITTING AND OPERATION OF
MOBILE FOOD VENDORS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION 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, following the 2023 legislative session, Laws of Florida 2023-48 was
enacted which created certain statutory preemptions to local regulation of food trucks;
and
WHEREAS, the Village Council desires to updates the Village's food truck
operating regulations to conform to these changes to state law; and
WHEREAS, Village Staff recommends adoption of the regulations proposed by
this ordinance as being in conformance with said changes to state law; and
WHEREAS, the Village Council desires to adopt this ordinance, and has
determined that such adoption will best serve the public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental regulations, Division 11.
Mobile food vendors to conform this section to recent changes to state law regarding
the regulation of mobile food vendors and newly enacted state preemptions; providing
that Chapter 78, Article IX, Division 11 shall hereafter read as follows:
DIVISION 11. - MOBILE FOOD VENDORS.
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Agenda Item #16.
Sec. 78-641. - Definitions.
As used in this article, the following terms shall be defined as follows:
Mobile food truck or mobile food dispensing vehicle s#a4 means any vehicle that is a
public food service establishment and that is self-propelled or otherwise movable from
place to place, and includes self-contained utilities such as gas, water, electricity or
liquid waste disposal and iis uised te vend feed and -beverage pred +s. Mobile food
trucks or mobile food dispensing vehicles shall be classified as one of the following:
Class / - 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 F.S. § 509.102 , if they
include self-contained utilities, including, but not limited to, gas, water, electricity, or
liquid waste disposal.
Class I/ - 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
F.S. § 509.102 , if they include self-contained utilities, including, but not limited to, gas,
water, electricity, or liquid waste disposal.
Class /// - 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 F.S. § 509.102 , 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 shaf means 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.
Property owner&haf4 means the owner of real property on which the mobile food truck
operates.
Temporary commercial kitchen means any kitchen that is a public food service
establishment, used for the preparation of takeout or delivery-only meals housed in
portable structures that are movable from place to place by tow or are self-propelled or
otherwise axle-mounted, that include self-contained utilities such as gas, water,
electricity, or liquid waste disposal. The term does not include a tent.
Vehicle s#a# means 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.
Village-issued special event permit&ha4 means 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. - Requirements applicable to all mobile food trucks and temporary
commercial kitchens.
The following requirements shall apply to all mobile food truck and temporary
commercial kitchen operations within the village:
(a) F^^r ved true- Special event requirements. Gatherings of two or more class I,
class II, and/or class III mobile food trucks or temporary commercial kitchens
on a property at any given time shall be classified as a food truck or temporary
commercial kitchen special event. In order for such events to occur, the
property owner shall be required to obtain a village-issued special event permit
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 78, article IX, division 8 of Village Code.
(b) Health and safety regulations; display of state license. A Mobile food trucks
and temporary commercial kitchens shall comply with all federal, state, and
local health and safety regulations and requirements, and shall obtain and
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Agenda Item #16.
maintain any and all licenses required by any other health organization or
governmental organization having jurisdiction over the same. Proof of such
icensure The-I+EeRGe UnFeFwhiGh the mobile tFaG: is eperatiRg shall be
firmly attached and visible on the mobile food truck or temporary commercial
kitchen at all times, and shall be produced to a law enforcement officer, or
village code enforcement officer upon demand. All mobile food trucks and
temporary commercial kitchens shall be maintained in good repair and in a
clean sanitary condition. Routine inspections may be conducted by code
enforcement officers, building code inspectors, fire inspectors, or police officers
on each mobile food truck to ensure compliance with these provisions.
(c) Initial and annual fire safety inspections. T#e Mobile food trucks and
temporary commercial kitchens 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.
(d) Written consent of property owner. A Mobile food trucks and temporary
commercial kitchens 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 or temporary commercial kitchen at all
times, and shall be produced to a law enforcement officer, or village code
enforcement officer upon demand.
(e) Stock-in-trade; storage. All materials, equipment, and stock-in-trade shall be
stored entirely within the mobile food truck or temporary commercial kitchen
unless the property owner has obtained a village-issued special event permit.
(f) Outside patron seating. No tables, chairs, umbrellas, or other furniture for
patron seating may be placed outside the mobile food truck or temporary
commercial kitchen unless the property owner has obtained a village-issued
special event permit.
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Agenda Item #16.
(g) Food vending. Food vending shall only be conducted from the mobile food
truck or temporary commercial kitchen unless the property owner has obtained
a village-issued special event permit.
(h) Alcohol sales. A mobile food truck or temporary commercial kitchen shall not
sell alcoholic beverages unless the property owner has obtained a village-
issued special event permit.
(i) Conducting business near existing retail food establishments. A mobile food
truck or temporary commercial kitchen shall not be located within 200 feet of
any existing retail food establishment during 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. However. any mobile food truck or
temporary commercial kitchen that is operated on the same premises as, and
by, a separately licensed retail food establishment may operate during the
same hours of operation as the separately licensed retail food establishment.
0) Conducting business near village-sponsored or village-sanctioned special
event. A mobile food truck or temporary commercial kitchen shall not be located
within 200 feet of any village-sponsored or village-sanctioned special event
unless the mobile food truck or temporary commercial kitchen is permitted by
the village to operate at such event.
(k) Conducting business in public right-of-way. Neither a temporary commercial
kitchen, nor a A mobile food truck, except for Class III ice cream trucks, shall
P,Gt conduct business or operate in the public rights-of-way, unless the adjacent
property owner has obtained a village-issued special event permit. Where
mobile food trucks or temporary commercial kitchens are authorized to so
operate, they S, Gh tFUGks may stop, stand or park in designated parking areas
on the property.
(1) Conducting business near street intersections or pedestrian crosswalks. A
mobile food truck or temporary commercial kitchen shall not be located within
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Agenda Item #16.
15 feet of any street intersection or pedestrian crosswalk unless the adjacent
property owner has obtained a village-issued special event permit.
(m) Interference with vehicular and pedestrian traffic. A mobile food truck or
temporary commercial kitchen 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
(n) Limitations on number of mobile food trucks per property. No more than one
mobile food truck or temporary commercial kitchen shall operate on a given
property at any one time unless the property owner has obtained a village-
issued special event permit.
(o) Limitations on number of operating days.
1. A mobile food truck shall not operate on a given property more
than two consecutive days per calendar month, and further shall not
operate on a given property more than ten days in total per calendar
year, unless the property owner has obtained a village-issued special
event permit.
2. A temporary commercial kitchen shall not operate on a given
property for more than 30 consecutive days, except that a temporary
commercial kitchen may be used in conjunction with a state licensed
permanent food service establishment for the purpose of supplementing
the operations of the state licensed permanent food service
establishment kitchen as follows:
i. for a total of 60 consecutive days if located on the same
premises as the state licensed permanent food service establishment:
however. the state may grant one extension of up to 60 additional
consecutive days: or
ii. for a total of 120 consecutive days during a period of
renovation, repair, or rebuilding, on the premises of the state licensed
permanent food service establishment, or off said premises but within the
line of sight and no further away than 1,320 feet from the state licensed
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Agenda Item #16.
permanent food service establishment: however, the state may grant
extensions of time for good cause shown pursuant to Sec.
509.102(31(a12,
3. If a permanent food service establishment licensed under this
chapter, or the land upon which that establishment is sited, is rendered
uninhabitable due to a natural disaster that is the subject of a declared
state of emergency, a temporary commercial kitchen may operate on the
premises of, or as near as reasonably practicable to. the location of the
licensed permanent food service establishment. A temporary commercial
kitchen may operate in this capacity only during the period of repair and
rebuilding of the permanent establishment with which it is associated.
(p) 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 or temporary commercial
kitchen. The mobile food truck or temporary commercial kitchen shall not be
parked:
(1) In a required parking 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;
(4) On an unimproved surface (including but not limited to dirt, sand,
grass, gravel, or vacant lot); or
(5) In any driveway aisles, "no parking" zones, or loading-only areas.
(q) Hours of operation. Except as permitted under Sec. 78-642(i). a A mobile
food truck or temporary commercial kitchen shall operate only between the
hours of 7:00 a.m. to 9:00 p.m., unless the property owner has obtained a
village-issued special event permit.
(r) Parking and storage of inactive mobile food trucks. The parking or storage of
mobile food trucks or temporary commercial kitchens 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
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Agenda Item #16.
residential zoning districts pursuant to chapter 46, article III, division 2 of Village
Code. If otherwise allowed by Village Code, any parking or storage of an
inactive mobile food truck or temporary commercial kitchen shall conform with
all applicable location and screening requirements.
(s) Noise limitations. Except for class III ice cream trucks, a mobile food truck or
temporary commercial kitchen 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 and
temporary commercial kitchens, 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.
(t) Restroom facility. Mobile food trucks and temporary commercial kitchens
operating on a property for a duration of more than three 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 or temporary commercial kitchen at all
times, and shall be produced to a law enforcement officer, or Village Code
enforcement officer upon demand.
(u) Waste disposal. Mobile food trucks and temporary commercial kitchens
shall:
(1) Provide for their own waste collection and removal such that no
waste remains on the property;
(2) 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;
(5) Properly discard any waste material in accordance with any
applicable federal, state, county, and municipal laws, rules, regulations,
orders, or permits;
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Agenda Item #16.
(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 and temporary commercial kitchens 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 or temporary
commercial kitchen at all times, and shall be produced to a law
enforcement officer, or Village Code enforcement officer upon demand.
(v) Signage. Menu signs shall be affixed to the mobile food truck or temporary
commercial kitchen at all times. The display of , and m„hile food tFUGks shall
„Gt display any products or samples off of the vehicle is prohibited. Mobile food
trucks and temporary commercial kitchens shall not post or utilize any
advertising, except that the prices, product descriptions and vehicle feed Eck
name may be posted on the vehicle. No freestanding signs or advertisements,
sandwich board signs, flags, balloons, streamers, flashing lights, banners, or
other similar attraction devices or person(s) shall be posted or utilized to
advertise m^hi'p- fr,nrl +r„^Ug. When in operation, subsection 78-745(e) of the
Village Code shall not apply to mobile food trucks or temporary commercial
kitchens.
Sec. 78-643. - Vending locations by zoning district.
A mobile food truck or temporary commercial kitchen shall be permitted to operate
only on the properties designated below, unless the property owner has obtained a
village-issued special event permit allowing for a deviation from these requirements.
(a) Class I - 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
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Agenda Item #16.
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.
(2) Nonresidential zoning districts and mixed-use districts. Class I mobile food
trucks or temporary commercial kitchens 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 or temporary commercial kitchen on properties zoned as
recreation/open space shall be allowed only on designated parking areas or
pursuant to an approved special event permit from the village.
(b) Class II - 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. 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.
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Agenda Item #16.
b. Properties owned by homeowners associations or property owners
associations.
c. 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) 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 designated parking areas or pursuant to an approved special event
permit from the village.
(4) Rights-of-way. A class III ice cream truck shall not stop, stand or park for more
than ten minutes, unless there are customers waiting in line to buy products.
Sec. 78-644. - Penalties for violations.
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 $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.
Section 2: Each and every other Section and Subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
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Agenda Item #16.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #16.
Local Planning Agency
STAFF MEMO
Meeting: Local Planning Agency - Oct 19 2023
Staff Contact: Jeremy Hubsch Department: Community Development
ITOMM
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 11. MOBILE FOOD VENDORS. TO CONFORM THIS
SECTION TO RECENT CHANGES IN STATE LAW REGARDING PERMITTING AND OPERATION
OF MOBILE FOOD VENDORS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION 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.
Following the 2023 legislative session, Laws of Florida 23-48 was enacted which created certain
statutory preemptions to local regulation of food trucks. Ordinance 16-23 will update the Village's food
truck operating regulations to conform to the changes of state law.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
Ordinance 16-23
Page 290 of 593