81 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 15-63 and creating Section 15-
4 63.1 of the City of South Miami's Code of Ordinances to permit
5 sales of home-grown produce on private property.
6
7 WHEREAS, many city residents grow produce and plants in their yards beyond what
8 they can consume themselves; and
9
10 WHEREAS, South Miami has an old tradition of neighborhood produce sales; and
11
12 WHEREAS, some residents have sought to supplement their limited incomes by selling
13 small quantities of produce and ornamental plants produced on their properties; and
14 WHEREAS, sales of produce and plants from stands on private property is currently
15 prohibited by the City; and
16
17 WHEREAS, the State of Florida recently enacted Chapter 500.80 "Cottage food
18 operations", allowing licensing exemption of small-scale retail operations selling less than
19 $15,000 in home-produced foods annually, subject to certain conditions.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
23
24 Section 1. Section 15-63.1 of the City of South Miami's Code of Ordinances shall be
25 created to read as follows:
26 Section 15-63.1 Homegrown Produce Stands
27 (a) Homegrown Produce Stands are permitted on private propertyin residential zones (RS, RT,
28 and RM) subject to the following regulations:
29 2. Product sales at a Homegrown Produce Stand are limited to produce, plants, and
30 honey grown or produced on the subject property.
31 3. No cooking shall be done at or near the Homegrown Produce Stand, nor shall cooked
32 products be sold at a Homegrown Produce Stand.
33 4. A Homegrown Produce Stand shall not to exceed 10 feet in height, width, or depth,
34 shall not include more than 12 linear feet of display shelving, and no more than one
35 such stand shall be in use on a property.
36 5. All parts of the Homegrown Produce Stand must be situated on private property owned
37 by the operator of the Stand and shall not extend onto a public sidewalk, easement,
38 or the right-of-way.
39 6. Parking for two cars shall be available either on-street, on the swale in front of the
40 property where the stand is located, or provided in an off-street parking facility
41 accessed by an approved driveway as permitted.
42 7. No customer seating is permitted.
43 8. Homegrown Produce Stands must be temporary, and must be dismantled and removed
44 from public view during non-operating hours.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
9. One sign advertising the Homegrown Produce Stand or its products shall conform to
City standards for a "Garage Sale Sign" (2 square feet as per LDC section 20-4.3),
and shall be visible from the street only when the stand is operational.
10. Operating hours for a Homegrown Produce Stand are limited to daylight hours
weekdays and Saturdays.
II. The sales operation shall comply with all aspects of Florida Statutes Chapter 500.80
Cottage food operations, including, the annual limit on gross sales, labeling
requirements, etc. and shall also comply with any applicable health related laws and
requirements of the State and the County Health unit as well as the City Code of
Ordinances.
12. The operator shall allow city staff to inspect the entire site to assure that the operator
is complying with provisions of the ordinance.
13. Only persons residing at the subject property may own, operate, service, or work at a
Homegrown Produce Stand~
14. No business license shall be required to own and operate a Homegrown Produce
Stand which maintains compliance with this ordinance, nor shall a compliant
Homegrown Produce Stand be considered a "home occupation" or require a "home
occupational license" .
Section 2: Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
Passed and adopted this ~_th_ day of _______ , 2015.
ATTEST: APPROVED:
CITY CLERK MAYOR
Page 2 of3
1
2
3
4
5
6
7 READ AND APPROVED AS TO FORM
8 LANGUAGE, LEGALITY AND
9 EXECUTION THEREOF
10
11
12
13 CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Page 3 of3
The 2014 Florida Statutes
Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND
SOLICITATIONS
Chapter 500
FOOD PRODUCTS
500.80 Cottage food operations.-
(1 )(a) A cottage food operation must comply with the applicable requirements
of this chapter but is exempt from the permitting requirements of s. 500.12 if
the cottage food operation complies with this section and has annual gross
sales of cottage food products that do not exceed $15,000.
(b) For purposes of this subsection, a cottage food operation's annual gross
sales include all sales of cottage food products at any location, regardless of
the types of products sold or the number of persons involved in the operation.
A cottage food operation must provide the department, upon request, with
written documentation to verify the operation's annual gross sales.
(2) A cottage food operation may not sell or offer for sale cottage food
products over the Internet, by mail order, or at wholesale.
(3) A cottage food operation may only sell cottage food products which are
prepackaged with a label affixed that contains the following information:
(a) The name and address of the cottage food operation.
(b) The name of the cottage food product.
(c) The ingredients of the cottage food product, in descending order of
predominance by weight.
(d) The net weight or net volume of the cottage food product.
(e) Allergen information as specified by federal labeling requirements.
(f) If any nutritional claim is made, appropriate nutritional information as
specified by federal labeling requirements.
(g) The following statement printed in at least 1 O·point type in a color that
provides a clear contrast to the background of the label: "Made in a cottage
food operation that is not subject to Florida's food safety regulations."
(4) A cottage food operation may only sell cottage food products that it stores
on the premises of the cottage food operation.
(5) This section does not exempt a cottage food operation from any state or
federal tax law, rule, regulation, or certificate that applies to all cottage food
operations.
(6) A cottage food operation must comply with all applicable county and
municipal laws and ordinances regulating the preparation, processing, storage,
and sale of cottage food products by a cottage food operation or from a
person's residence.
(7)(a) The department may investigate any complaint which alleges that a
cottage food operation has violated an applicable provision of this chapter or
rule adopted under this chapter.
(b) Only upon receipt of a complaint, the department's authorized officer or
employee may enter and inspect the premises of a cottage food operation to
determine compliance with this chapter and department rules, as applicable. A
cottage food operation's refusal to permit the department's authorized officer
or employee entry to the premises or to conduct the inspection is grounds for
disciplinary action pursuant to s. 500.121.
(8) This section does not apply to a person operating under a food permit
issued pursuant to s. 500.12.
http://www.leg.state.fl.us/statutes/index.cfm?mode=View%2oStatutes&SubMen
u-l&App mode-Display Statute&Search String-Cottage&URL-0500-
0599/o50o/Sections/o50o.80.html