HomeMy WebLinkAbout1298-16 Mobile Food Vending 111111 111111 11111 11111 11111 11111 11111 11111 11111 11111 l l l l I II I
2016103148
ORDINANCE NO.: 1298-16
AN ORDINANCE AMENDING SECTIONS 120.01 THROUGH
120.08,"STREET VENDORS," OF THE CODE OF ORDINANCES
OF THE CITY OF ZEPHYRHILLS, BY REPLACING WITH
120.01, "MOBILE FOOD VENDING;" 120.02, "GENERAL
VENDING;" 120.03, "ENFORCEMENT;" 120.04, "SPECIAL
EVENTS;" PROVIDING FOR REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the food service industry is perhaps the world's most widespread industry,
including restaurants and food trucks; and
WHEREAS, recently, mobile food unit have become extremely popular and profitable
across the country; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ZEPHYRHILLS, FLORIDA:
SECTION 1. Creating Section 121.01, Mobile Food Vending, which shall read as follows:
Sec. 121.01. Mobile Food Vending.
(1) Definitions.
(a) Commissary means an approved facility that provides support services for specific
required functions of a mobile food vendor. Any food establishment permitted or licenses by a
regulatory agency,such as a catering operation,restaurant,grocery store,or similar establishment,
or any other approved facility where food, containers, or sup pies are kept, handled, prepared,
packaged, or stored can be considered for approval as a commissary. A private residence may not
be used as a commissary.
(b) Mobile food vending vehicle means a vehicle-mounted public food service
establishment that is either self-propel or otherwise movable from place to place. A mobile food
vending vehicle is further defined as having, as part of the vehicle, a three-compartment sink for
washing, rinsing and sanitizing equipment and utensils; a separate hand wash sink; adequate
refrigeration and storage capacity; full provision of power utilities including electric, LP-gas, or a
portable power generation unit; a potable water holding tank; and a means for liquid waste
containment and disposal.
(c) Mobile food vendor means any person selling or business selling food from a
mobile food vending vehicle from which food items are sold to the general public.
(2) Location, permit, and separation requirements.
(a) Mobile food vendors shall be permitted only on property where there is another
principal use, and located within the following zoning districts:
1. TCBD Rcpt : 1783226 Rec: 6100
ii. TCBD-H DS: 0.00 I T: 0.00
iii. TMU 07/01/2016 J. R , Dpty Clerk
iv. TMU-H
v. RC
(b) Mobile food vending permits, unless sooner suspended or revoked, shall be valid
for a one-year period from the date of issuance.
(c) Approved permits must be attached to the mobile food vending vehicle where they
are readily visible and shall include the name, mailing address, and valid phone number of the
mobile food vending vehicle owner and shall list the addresses and parcel identification numbers
f ` where the permit is valid.
Record and Return to: PAULA S.O'NEIL,Ph D.PRSCO CLERK & COMPTROLLER
City Clerk's Office 07/01/2016 11:53am 1 of 7 1
5335 8th Street OR BK 9391 PG 1250
Zephyrhills, FL 33542
OR BK 9391 PG 1251 r ,
2 of 7
(d) Routine inspections may be conducted by code enforcement officers,building code
inspectors, fire inspectors, police officers, or other city representatives on each mobile food
vending vehicle at any time and at any frequency deemed appropriate by the City.
(e) Mobile food vending vehicles must be located at least fifty (50)feet from the main
entrance to any eating establishment or similar food service business. This separation requirement
shall apply only during the normal hours of operation of the eating establishment or similar food
service business.
(f) Mobile food vending vehicles shall not be located within a required sight visibility
triangle at the intersection of a driveway, alleyway, or public street with another public street; or
within five (5) feet of utility box or vault, handicapped ramp, building entrance, or exit or
emergency access/exit way;and must not locate within any area of the lot that impedes,endangers,
or interferes with pedestrian or vehicular traffic. Mobile food vending vehicles must be located a
minimum distance of fifteen(15) feet in all directions away from a fire hydrant.
(g) Mobile food vending vehicles may not occupy or prevent access to any handicap
accessible parking space.
(h) Food products and supplies must be stored only at approved commissaries and
permitted warehouses and not in private homes.
(3) Signage and noise. One (1) free-standing sandwich board or A-frame sign is permitted on
private property for each mobile food vendor. No audio amplification is permitted as part of a
mobile food vending operation.
(4) Hours of operation.
(a) Hours of operation are limited to the hours between 7:00 a.m. and 10:00 p.m.
(b) The mobile food vending permit operator or his or her designee shall be present at
all times.
(c) The mobile food vending vehicle shall be removed from its permitted location(s)
during impermissible hours of operation; and shall not be stored, parked, or left overnight on any
public street or sidewalk.
(5) Waste management.
(a) The mobile food vendor is responsible for the proper disposal of waste and trash
associated with the permitted operation. City trash receptacles shall not be used for this purpose.
At a minimum, vendors shall remove all waste and trash from their approved location at the end
of each day or as needed to maintain the health and safety of the public. Vendors must keep all
areas within twenty-five (25) feet of the vehicle clean of grease, trash, paper, cups or cans
associated with the vending operation.
(b) Liquid waste or grease shall be disposed of in an approved location (for example,
an approved commissary)and shall not be placed in tree pits,storm drains,or on the any sidewalk,
street, or any other public space. Under no circumstances shall grease be released or disposed on
in the City's sanitary or storm water systems. If at any time evidence of the improper disposal of
liquid waste or grease is discovered,the responsible mobile food vending business will be required
to case operation immediately, clean up the improperly disposed material to the satisfaction of the
City, and shall not resume operation until an alternate method of disposal have been approved by
the Public Works Department.
(c) All equipment required for the operation must be contained within, attached to or
within three (3) feet of the mobile food vending vehicle; and all food preparation, storage, and
sales/distribution shall be in compliance with all applicable sanitary regulations.
(6) Licenses and permits required.
For each location, a City of Zephyrhills business tax receipt for the mobile food vending
business shall be obtained;and all required State of Florida,Pasco County,and City of Zephyrhills
permits,licenses,and business tax receipts must clearly displayed on the mobile food vending unit.
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OR BK 9391 PG 1252
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Prior to the issuance of a City of Zephyrhills mobile food vending business tax receipt,the vendor
shall provide evidence of having obtained all applicable State of Florida and Pasco County licenses
and permits, and obtained approval from the City of Zephyrhills Public Works Department for the
method for the disposal of grease within an approved grease disposal facility. A mobile food
vending business tax receipt shall be renewed annually.
All vendors shall comply with all requirements contained in Chapter 500, Florida Statutes,
Chapter 5K-4, Florida Administrative Code, and all applicable Pasco County and City Codes.
(7) Application submittal requirements. Applications for mobile food vendor permits must
include the following information and submitted to the Planning Department for Site Plan Review.
(a) Name,address,telephone number,and email address of the applicant and the owner
of the vehicle if not the same as the applicant.
(b) Description of the type of food and/or beverages to be sold.
(c) Color photograph of the mobile food vending vehicle depicting the current
condition of the unit.
(d) Address of proposes vending site(s), including the property address, property
owner's name and telephone number, and the name of the principal business located on the
property where applicable.
(e) Site plan for each proposed vending site, drawn to scale, depicting the following
information:
i. Total square footage of the property;
ii. Location and square footage of the existing principal and accessory use(s), where
applicable;
iii. Proposed location for the mobile food vending vehicle; and
iv. Location of ingress/egress to the site.
(f) Address of proposed location to store the mobile food vending vehicle when not in
use.
(g) Copies of all permits and business licenses required by the State of Florida and
Pasco County.
(h) Notarized commissary agreement confirming the mobile food vendor is operating
in conjunction with a licenses commissary in accordance with Florida Statutes, where applicable.
All commissaries must be pre-approved by the City prior to issuance of a mobile food vendor
permit.
(i) Notarized affidavit signed by each property owner indicating that the vendor has
person to vend on his or her property. The affidavit shall also indicate that the property owner
acknowledges the following requirements:
a. The property owner shall comply with all ordinances regarding solid
waste disposal,and shall provide the vendor access to solid waste collection
on the subject property.
b. The property owner shall require that the vendors meet all
applicable federal, state and local statutes, regulations, laws,
ordinances, rules and codes; including but not limited to
permitting requirements regarding his or her specific
business.
c. The property owner shall acknowledge that he/she
understands the regulations governing mobile food vendors
and shall be held responsible, along with the vendor, for any
code violations; and
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OR BK 9391 PG 1253
4 of 7
d. The property owner shall ensure that the property is
continuously maintained in a neat, clean, and orderly
manner.
(j) Proof of an insurance policy, issued by an insurance company licensed to do
business in the state,protecting the applicant and city from all claims for damages to property and
bodily injury, including death, which may arise from operations under or in connection with the
owner, shall be filed with the City prior to beginning vending operations. Such policy or policies
shall be a general liability policy naming the vendor as insured and the City of Zephyrhills as
certificate holders and additional insureds in the amounts not less than $1,000,000.00 per
occurrence and $1,000,000.00 aggregate combined single limit for bodily injury, personal injury
and property damage. A valid certificate of insurance will be provided to the City for as long as a
business license is held. Any changes, terminations or cancellations of the insurance will be
provided to the City at least 30 days prior to such change,termination or cancellation.
(k) Application fee of$150.00.
(1) Monthly vending fees shall be established by Resolution.
SECTION 2. Creating Section 121.02, General Vending, which shall read as follows:
121.02 General Vending.
(1) Definitions.
(a) General Vendor means any person or business engaged in a performance, or sale,
exhibition,or distribution of products, services,or information,or in collecting demographic data.
(2) Location,permit, and separation requirements.
(a) General vendors shall be permitted only on property where there is another
principal use, and located within the following zoning districts:
i. TCBD
ii. TCBD-H
iii. TMU
iv. TMU-H
v. RC
(b) General vending permits, unless sooner suspended or revoked, shall be valid for a
one-year period from the date of issuance.
(c) Approved permits must be readily visible and shall include the name, mailing
address, and valid phone number of the mobile food vending vehicle owner and shall list the
addresses and parcel identification numbers where the permit is valid.
(d) Routine inspections may be conducted by code enforcement officers,building code
inspectors,fire inspectors,police officers,or other city representatives on each vendor at any time
and at any frequency deemed appropriate by the City.
(e) Vendors shall not be located within a required sight visibility triangle at the
intersection of a driveway, alleyway, or public street with another public street; or within five (5)
feet of utility box or vault,handicapped ramp, building entrance, or exit or emergency access/exit
way; and must not locate within any area of the lot that impedes, endangers, or interferes with
pedestrian or vehicular traffic. Vendors must be looted a minimum distance of fifteen(15)feet in
all directions away from a fire hydrant.
(f) Vendors may not occupy or prevent access to any handicap accessible parking
space.
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OR BK 9391 PG 1254
5 of 7
(3) Signage and noise. One(1) free-standing sandwich board or A-frame sign is permitted on
private property for each vendor. No audio amplification is permitted as part of a vending
operation.
(4) Hours of operation.
(a) Hours of operation are limited to the hours between 7:00 a.m. and 10:00 p.m.
(b) The vendor permit operator or his or her designee shall be present at all times.
(c) All property of the vendor shall be removed from its permitted location(s) during
impermissible hours of operation; and shall not be stored, parked, or left overnight on any public
street or sidewalk.
(5) Waste management.
(a) The vendor is responsible for the proper disposal of waste and trash associated with
the permitted operation. City trash receptacles shall not be used for this purpose. At a minimum,
vendors shall remove all waste and trash from their approved location at the end of each day or as
needed to maintain the health and safety of the public. Vendors must keep all areas within twenty-
five(25) feet of the vehicle clean of grease,trash,paper, cups or cans associated with the vending
operation.
(b) All equipment required for the operation must be contained within, attached to or
within three(3) feet of the vendor.
(6) Licenses and permits required.
For each location,a City of Zephyrhills business tax receipt for the vendor's business shall
be obtained; and all required State of Florida, Pasco County, and City of Zephyrhills permits,
licenses, and business tax receipts must be clearly displayed by the vendor. Prior to the issuance
of a City of Zephyrhills business tax receipt,the vendor shall provide evidence of having obtained
all applicable State of Florida and Pasco County licenses and permits. A vendor's business tax
receipt shall be renewed annually.
(7) Application submittal requirements. Applications for mobile food vendor permits must
include the following information and submitted to the Planning Department for Site Plan Review.
(a) Name,address,telephone number,and email address of the applicant and the owner
of the vehicle if not the same as the applicant.
(b) Description of the goods,products, services, information to be exhibited.
(c) Address of proposes vending site(s), including the property address, property
owner's name and telephone number, and the name of the principal business located on the
property where applicable.
(d) Site plan for each proposed vending site, drawn to scale, depicting the following
information:
i. Total square footage of the property;
ii. Location and square footage of the existing principal and accessory use(s), where
applicable;
iii. Proposed location for the vendor; and
iv. Location of ingress/egress to the site.
(e) Copies of all permits and business licenses required by the State of Florida and
Pasco County.
(f) Notarized affidavit signed by each property owner indicating that the vendor has
person to vend on his or her property. The affidavit shall also indicate that the property owner
acknowledges the following requirements:
a. The property owner shall require that the vendors meet all
applicable federal, state and local statutes,regulations, laws,
ordinances,rules and codes; including but not limited to
5
OR BK 9391 PG 1255
6 of 7
permitting requirements regarding his or her specific
business.
b. The property owner shall acknowledge that he/she
understands the regulations governing vendors
and shall be held responsible, along with the vendor, for any
code violations; and
c. The property owner shall ensure that the property is
continuously maintained in a neat, clean, and orderly
manner.
(j) Proof of an insurance policy, issued by an insurance company licensed to do
business in the state,protecting the applicant and city from all claims for damages to property and
bodily injury, including death, which may arise from operations under or in connection with the
owner, shall be filed with the City prior to beginning vending operations. Such policy or policies
shall be a general liability policy naming the vendor as insured and the City of Zephyrhills as
certificate holders and additional insureds in the amounts not less than$300,000.00 per occurrence
and $300,000.00 aggregate combined single limit for bodily injury, personal injury and property
damage. A valid certificate of insurance will be provided to the City for as long as a business
license is held. Any changes, terminations or cancellations of the insurance will be provided to
the City at least 30 days prior to such change,termination or cancellation.
k) Application fee of$150.00.
(1) Monthly vending fees shall be established by Resolution.
SECTION 3. Creating Section 120.03, Enforcement,which shall read as follows:
120.03 Enforcement.
a. Revocation. If at any time, the State of Florida or Pasco County revokes or
suspends the issued vending permit, the City of Zephyrhills business tax receipt for the vending
business will be simultaneously revoked or suspended. A vendor who has his or her permit
declared null and void or revoked for any of the reasons set forth in this section shall not be
permitted to reapply for a vending permit for a period of ninety(90) days after the effective date
of such action.
b. Other violations. If at any time evidence is provided that a vending business is
being operated in any way that does not comply with these regulations, a notice of violation shall
be issued. A violation of this Ordinance shall be a Class V violation.
SECTION 4. Creating Section 1201.04, Special Events,which shall read as follows:
120.04. Special Events.
a. In the event of a special event permit granted by the City,said permit may supersede
this section only with regards to hours of operation or location.
SECTION 5. If any provision of this Ordinance or the particular application of this Ordinance
shall be held invalid by an y Court, administrative agency or other body with appropriate
jurisdiction,the remaining section,subsection,sentences,clauses or phrases shall remain in effect.
SECTION 6. That all other ordinances or parts of ordinances in conflict with this ordinance are,
to the extent the same may be in conflict,repealed.
SECTION 7. Codification of this ordinance in the Code of Ordinances of the City of Zephyrhills
is hereby authorized and directed.
SECTION 8. This ordinance shall take effect upon its adoption in accordance with the law.
6
0R BI( 9391 PG 1256
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The foregoing Ordinance No. 1298-16 was read and passed on the first reading in an open and
regular meeting of the City Council of the City of Zephyrhills, Florida, on this 13th day of June,
2016.
Attest: _____________ ____________________' �--
Lori L. Hillman, City Clerk Kenneth V. Compton, Council President
The foregoing Ordinance No. 1298-16 was read and passed on the second reading,
following a public hearing, in an open and regular meeting of the City Council of the City of
Zephyrhills, Florida, on this 27th day of June, 2016.
Attest: ` _y> _____ �0—
Lori L. Hillman, City Clerk Kenneth V. Compton, Council President
The foregoing Ordinance No. 1298-16 was ap oved by me this 27th day of June, 2016.
Gen 9 , '
M r
Approved as to legal form and legal content
for the reliance of the Cit of Zephyrhills only:
oseph A. Poblick, City Attorney
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