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HomeMy WebLinkAbout1383-19 Mobile Food Vending Amending Ordinance 1298 Nj misTR# 2019117650 BK 9937 3388 07/12,2010 02:02pm Page 3 of 5 Rcpt: 2071745 Rea: 52.50 OS, 0.00 2 T: 0.00 Nikki Cilvarez—Soules, Esq_ ORDINANCENO_ 1383-19 Paso. Cleric a Compirotler,ad Interim AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA AMENDING THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES, REPEALING AND REPLACING SECT-ICON- 121: ECTION121: MOBILE FOOD VENDING WHICH AMENDS THE REGULATIONS OF MOBILE FOOD OPERATIONS; PROVIDING FOR APPLICABILITY, _ REPEALER, SEVERABILITY, INCLUSION INTO THE CODE OF ,- ORDINANCES,AND AN EFFECTIVE DATE_ WHEREAS, pursuant to Article VIII, Florida Constitution of 1968, and Chapter 166, Florida Statutes (2018), the City of Zephyrhills has the authority to adopt regulations relating to mobile food operations consisting of mobile food services and mobile food sales, commonly referred to as food trucks and"veggie vans;"and WHEREAS, the City Council finds that mobile food services and mobile food sales can provide food resources at multiple convenient locations, during temporary special events throughout the City, and to a diverse customer base; and WHEREAS, the City Council finds that mobile food services and mobile food sales provide an important resource to the community different in nature than non-food retail sales; and WHEREAS, the City Council finds that mobile food services and mobile food sales provide an opportunity to address food deficiencies within the community; and WHEREAS, the City Council recognizes that the Florida Department of Business and Professional Regulations, Division of Hotels and Restaurants, and the Florida Department of i Agriculture and Consumer Services, Division of Food Safety, regulate aspects of mobile food services and mobile food sales; and WHEREAS, the City Council is supportive of the legal, safe and sanitary operation of mobile food services and mobile food sales in the incorporated area of the City of Zephyrhills; and WHEREAS, the City Council has conducted duly noticed public hearings as required by law, at which hearings all parties in interest and citizens were afforded notice and the opportunity to be heard; and WHEREAS, the City Council hereby finds and declares that this Ordinance is in the best interest of the public health, safety, and welfare, and that it advances a valid and important public purpose_ NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyr-hills, Florida, as follows: Section 1_ Recitals_ 1-7 The Whereas Clauses above are true and accurate and are incorporated by reference and made part of this Ordinance_ Section 2_ Section 121: Mobile Food Vending, is hereby repealed and replaced with the following: 121_01 Mobile Food Operations a_ Definitions Record and Return to: City Cleric's Office 5335 8th Street Zep-ayrhills, FL 33542 Mobile Food Service Operations. The preparation/cooking, serving and/or sale of food from a portable stand, vehicle or trailer. Each such stand, vehicle or trailer shall be considered a mobile food service operation. Some forms of Mobile Food Service Operations are commonly referred to as "food trucks." For the purposes of consistency with the Florida State Regulations,the term Mobile Food Service Operations shall encompass both mobile food establishments (MFEs) regulated by the Department of Agriculture and Consumer Services, Division of Food Safety and mobile food dispensing vehicles (MFDVs) regulated by the Department of Business and Professional Regulation, Division of Hotels and Restaurants. Mobile Food Sales Operations. The sale of products limited to live plants and produce that are conducted from a portable stand, vehicle or trailer. Each such stand,vehicle or trailer shall be considered a mobile food sales operation. Mobile food sales operations are often referred to as "veggie vans" or"produce trucks b. Intent and Purpose It is the intent of this Section to establish regulations related to the location and operation of mobile food operations on private and public property within the City of Zephyrhills, Florida. The purpose of this Section is to promote the general health, safety, and welfare of the citizens of the City by establishing reasonable regulations and review procedures to allow for mobile food operations in a safe and sanitary manner. It is not the intent of this Section to regulate food delivery. It is not the intent of this Section to regulate food preparation by individuals for private consumption, such as "tailgating" parties, where food is not offered for public consumption. Mobile non-food operations are not authorized by this Section. c. Applicability Owners of qualifying mobile food operations may avail themselves of the provisions of this Section. Qualifying mobile food operations are those meeting all of the applicable requirements of the Florida Department of Agriculture and Consumer Services, Division of Food Safety or the Department of Business and Professional Regulation, Division of Hotels and Restaurants; and the Florida Department of Health; Florida Statutes; the Florida Administrative Code; the 2009 FDA Food Code, as may be amended from time to time; the National Fire Protection Association Codes and Standards; the Florida Building Code; the Florida Fire Prevention Code; and the City's Code of Ordinances and Land Development Code; and having obtained all required permits and licenses from the State of Florida and the City. Private Property owners may avail themselves of these provisions and host qualifying mobile food operations regularly on their sites, during a permitted temporary event, or to develop non-residential property as a Food Truck Court on those properties zoned OP, TNC, C-1, TVC, C-2, TTC, TCBD, TCBD-H, TMU, TMU-H, or LI, or commercial or industrial zoned portions of an MPUD. d. Permits Required 1. Mobile Food Operations Registration All qualifying mobile food operations seeking to operate in the City shall first register with the City. (a) Registration shall require proof of status as a qualifying mobile food operation; (b) Payment of a registration fee; (c) Posting of a valid registration on site; (d) Registration shall be required annually and is not transferable. L_. (e) The location of the mobile food operation shall comply with the requirements of this Section. 2. Right to Inspect. (a) The City reserves the right to inspect any and all vehicles and other equipment used for mobile food service operations and mobile food sales operations. 121.02 Mobile Food Operations on Private Property a. Non-Residentially Zoned. For purposes of this Section, non- residentially zoned shall mean all properties zoned OP,TNC,C-1,TVC, C-2,TTC,TCBD,TCBD-H,TMU,TMU-H, or LI, and all commercial, industrial, or mixed-use portions of an MPUD. Private property owners/leases may allow mobile food operations on their property subject to the following: (1) Compliance with Section 121.01.c.1 (a)-(e). r (2) Compliance with all local ordinances. (3) General Prohibitions and Supplemental Regulations of this Section shall apply. (4) The location of the mobile food operation may not obstruct or create unsafe ingress and/or egress. (5) The mobile food operation shall be set back a minimum of ten feet from all property lines. (6) Mobile food operators shall be required to immediately comply with any request by law enforcement and/or code enforcement officers, which may include relocation of the mobile food operation if deemed by the officer to be creating an unsafe situation. b. Residential Use/District/Zoning. For purposes of this Section Residential District/Zoning shall mean all properties zoned ER,R-1,R- 2, TNR, R-3, R-4, M-1, M-2, M-3, and M-4, and residential portions of an MPUD. Community Development Districts and Property Owners' Associations shall use the same requirements and procedures listed in Section 121.02 of this Code to allow mobile food operations on their property. c. Property owners of existing venues that function solely for the purpose of hosting special events, such as the Pasco County Fairgrounds, are exempt from the permitting requirements of this subsection. 121.03 Active Construction Sites Mobile food operations shall vend to the personnel lawfully authorized to be an \mu/ appropriate location based on the location of the active construction, as authorized by the general contractor consistent with safe construction site management practices. 121.04 Mobile Food Operations on City Property Various City Departments, including, but not limited to, Parks, Public Works, and the Library intend to identify appropriate locations on City-owned property for use by mobile food operations. Specific requirements for individual properties, including, but not limited to availability, hours of operations, frequency of use, etc., shall be established by each of the Departments, who shall have the authority to administer the mobile food operation program on their property. An indemnification agreement prepared by the City Attorney shall be signed by the owner of the mobile food operation prior to operating on City property. A reservation fee may be required. 121.05 Mobile Food Operations - Food Truck Courts Persons seeking to develop a permanent site on non-residential private property for the location of multiple mobile food operations simultaneously shall apply to construct a "Food Truck Court." Food Truck Courts shall, at a minimum, provide for restroom facilities, drinking fountains, trash and recycling receptacles, shade and seating. A Preliminary Site Plan(PSP)pursuant to LDC Section 403.3 shall be submitted to the City. 121.06 General Prohibitions Applicable to all Mobile Food Operations Mobile food operations are prohibited on public rights-of-way within the City except that mobile food operations are allowed in designating City parking spaces in the following zoning districts: TMU, TMU-H, and TCBO-H as well as in City Parks. Mobile food operations shall not: a. be parked overnight on a site; b. be located at one location within the City more than 90 days per year otherwise the operation will be deemed a permanent use under this Code and will become subject to all other applicable requirements of this Code and the City of Zephyrhills Land Development Code; c. be located at one location within the City more than three (3) days per calendar week. d. be parked within terminal islands; e. be parked within landscape buffers; f. obstruct designated clear sight triangles; g. be within 10 feet of, or otherwise obstruct, a fire hydrant or fire escape; h. impede safe movement of vehicles and pedestrian traffic, parking lot circulation or access to any sidewalk; i. be parked within five feet of any driveway, sidewalk, utility boxes, handicap ramps, building entrances or exits, or emergency call boxes; j. provide amplified music, announcements or other forms of disruptive sound; k. sell or dispense food to customers in a moving vehicle or otherwise engage in drive-up sales; or 1. sell alcohol unless during a permitted temporary event and in accordance with all other State and local requirements. 121.07 Supplemental Regulations Applicable to all Mobile Food Operations a. Hours of operation: (1) Mobile food operations, including any setup and closing operations, shall not occur outside the hours of 6:00am to 10:00pm, unless: (a) There is an onsite business with hours of operation that extend beyond the 6:00am to 10:00pm timeframe;or (b) The mobile food operation is associated with a permitted temporary event. (2) Where a site approved for mobile food operations abuts a residential use/district the mobile food operation may not begin prior to 8:00 am nor extend beyond 8:00 pm(including any setup and closing operations) unless there is a building or other substantial sound and light barrier between the mobile food operation and the abutting residential use. (3) For mobile food operations operating between sunset and sunrise,all lighting must be reasonably contained on site without disruption to residential areas or traffic flow. b. Minimum distance between individual mobile food service operations and between mobile food service operations and any structure constructed of combustible material shall be 20 feet. c. Seating areas, if provided, shall be a minimum of 20 feet from the mobile food service operations and a safe distance from any customer parking and ingress/egress points. d. Maximum number of mobile food operations simultaneously allowed on site shall not exceed 5 unless associated with a permitted temporary event or a permitted Food Truck Court in accordance with Section 121.05. e. In addition to any advertising/signage adhered to the mobile food operation itself, one sandwich sign not to exceed a maximum height of 3 1/2 feet and a sign structure width of 2 feet shall be allowed within five feet of the operation.Advertising and signage adhered to the mobile food operation shall not alter the lines of the mobile food operation. 11 Trash and recyclable receptacles shall be provided and, at a minimum, emptied daily. All trash and recyclables is to be removed from the site daily. Dumpsters of existing businesses shall not be used without permission of that business(es). I 121.08 Revocation or Suspension of Registration If, at any time, a Mobile Food Operation's State of Florida issued license is revoked or suspended,the County's registration shall be deemed to have been simultaneously revoked or suspended. Section 4. Applicability. All provisions of this Ordinance shall apply to the City Limits of the City of Zephyrhills, Florida. V Section 5_ Repealer_ Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict_ Section 6_ Severability_ It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder o£this Ordinance shall be construed as not having contained said section, subsection, ■ sentence, clause, or provisions and shall not be affected by such holding_ Section 7- Inclusion into the Land Development Code It is the intent of the City Council of the City of Zephyrhills, Florida that the provisions of this ordinance shall become and be made part of the City of Zephyrhills Code of Ordinances and that the sections of this ordinance may be renumbered or relettered. Section 8- Scrivener's Error_ The City Attorney may correct scrivener's error found in this Ordinance by filing a corrected copy of this Ordinance with the City Cleric_ Section 9- Effective Date_ This Ordinance shall become effective upon passage on the second reading and signing by the Council President and the Mayor_ I PE ;F-kte.tiOrd�naracg.4.48'3-19 was-read and passed on the first reading in an open and regular meeting of tbe.City Council- City ofZephyrhills, Florida, on 24u'day of June 201 ■�AttesE= '`� i s - 1� . • - ?--- - Lori L_ Flillm ib City Clerk. e _ Burgess r., .midi President O The foiegoirig4Ordinance 1383-19 was read and passed o. a second reading, f•flowing a public hearin*tin.Wit;Rpen and regular meeting of the City Cj cil of the City of Zep hills, Florida, on fi -day-of_T rty x.19- .-', ori L "Hillman, City Clerk .1e M_ Burgess r., ouncil President r o 'sPi�foi-egofng.Or�Tn..i nce 1383-19 was approved by me this 8`t'day of July 2019_ - C�V fA 7 `t-E LiCi1' Ge a Whitfield, May Approved as to legal form and legal content ■ Matthew E. Maggard!Cityij Attorney'