HomeMy WebLinkAboutOrdinance_16-23_12/14/2023 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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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#a-4 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 is used te vend food and beveFage pFGdUGts. Mobile food
trucks or mobile food dispensing vehicles shall 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 F.S. § 509.102 , if they include self-
contained utilities, including, but not limited to, gas, water, electricity, or liquid waste
disposal.
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 F.S. § 509.102 ,
if they include self-contained utilities, including, but not limited to, gas, water, electricity,
or liquid waste disposal.
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 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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Mobile service base s#aµ 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 owners#afl 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 shaft 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 shaft 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) deed-trek Special event requirements. Gatherings of two or more class I,
class II, and/or class II I 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 maintain
any and all licenses required by any other health organization or governmental
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organization having jurisdiction over the same. Proof of such licensure The
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-he 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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(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 bv, 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 Pet
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 tF Gk 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 15
feet of any street intersection or pedestrian crosswalk unless the adjacent
property owner has obtained a village-issued special event permit.
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(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
permanent food service establishment: however, the state may grant
extensions of time for good cause shown pursuant to Sec. 509.102(3)(a)2.
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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 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
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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;
(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,
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(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 , anA.-m-bile feed tFUGks shall net
display y 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#Yek 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 Mebile feed
ems. 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 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
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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 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.
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.
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(2) Nonresidential zoning districts and mixed-use districts. Class I II 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.
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.
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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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Y�G
ORDINANCE Date
16-23 12-14-2023
Upon Second Reading
Motion Council Member Thomas Bradford Second Council Member Rick Sartory
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young Q Q Q
Vice-Mayor Laurie Brandon Council Q Q
Member Patrick Painter Council Q
Member Rick Sartory Council Q Q Q
Member Thomas G. Bradford Qx ® Q
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Young
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Lori McWilliams, MMC .,y'' /1/E4
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