16Agenda Item No:16.
City Commission Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Section 15-63, “Mobile vendors” of the City of South Miami Code of Ordinances, to
create trial period for a permitting process that allows a property owner or lessee in commercial districts to host
a food truck under a restricted set of conditions that minimize competition with existing restaurants. 3/5 (Mayor
Stoddard)
Suggested Action:
Attachments:
Ord Sec.15.63_Food_Truck_Permits_v1CArev.docx
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ORDINANCE NO. _________________1
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An Ordinance amending Section 15-63, “Mobile vendors” of the City of South 3
Miami Code of Ordinances, to create trial period for a permitting process that 4
allows a property owner or lessee in commercial districts to host a food truck 5
under a restricted set of conditions that minimize competition with existing 6
restaurants.7
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WHEREAS, the City Code of Ordinances currently prohibits operation of food 9
trucks except at construction sites and Special Events; and10
WHEREAS, certain hospitality-related businesses have requested permission to 11
host a food truck on their property in the late evening hours when nearby restaurants are 12
winding down service; and13
WHEREAS, the City recognizes the critical importance of supporting businesses in 14
our commercial areas while avoiding harmto existing brick-and-mortar restaurantsin which15
the owners have invested considerable time and money; and16
WHEREAS, food trucks are increasingly chef-driven "test kitchen" concepts that 17
have the long-term goal of launching a brick and mortar business; and18
WHEREAS, innovative food trucks may contribute to the vitality of our 19
commercial district; and20
WHEREAS, the City Commission wishes to amend Section 15-63 Mobile vendors21
of the City Code of Ordinances to create a one year trial period that allows the operation of 22
food trucks in the commercial district under a limited set of conditions to promote the23
vitality of our downtown while preventing harm to existing businesses.24
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:26
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Section 1. The foregoing recitals are hereby ratified and incorporated by reference 28
as if fully set forth herein and as the legislative intent of this Ordinance. 29
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Section 2. The City’s Code, Section 15-63, Mobile vendors, is hereby amended to 31
read as follows:32
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Sec. 15-63. - Mobile vendors. 34
(a) It shall be unlawful to sell, offer to sell, or exhibit for sale any goods or 35
merchandise, including, but not limited to, fruits, nuts, popcorn, ice cream or 36
sandwiches from any parked vehicle or stand set upon any street or sidewalk in the city, 37
or from the exteriors of buildings licensed for sales, unless otherwise provided in the 38
land development code. 39
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(b) A mobile vendor is any person, firm, corporation or other entity which travels from 1
place to place selling any and all goods, wares, and merchandise, including, 2
specifically, food, food products and beverages. 3
(c) All mobile vendors are prohibited from operating or doing business in the city, 4
except as hereinafter provided. 5
(d) Mobile vendors selling food, food products and beverages may operate and do 6
business in "I" zoned districts, upon construction sites where work is actively in 7
progress, and in any zoning district where a permitted special event, exhibition, 8
exposition, art show and/or festival is taking place upon the following terms and 9
conditions: 10
(1) No mobile vendor shall station itself upon any public street or right-of-way. 11
Neither shall any mobile vendor station itself upon any private property except 12
with the express permission of the owner thereof and in a manner which does not 13
impede the flow of traffic in public streets or rights-of-way, nor block pedestrian 14
access to public streets or rights-of-way. 15
(2) All mobile vendors must provided for their own trash and garbage removal such 16
that no trash or garbage remains on the premises upon which the vending was 17
conducted. 18
(3) No mobile vendor shall remain in any one site longer than thirty (30) minutes, 19
except in the case of a special event,exhibition, exposition, art show and/or festival 20
in which case it shall not exceed the time allowed by the special event permit, or 21
when further specifically permitted by a majority affirmative vote of the city 22
commission by resolution. 23
(4) Mobile vendors must operate from four-wheel motorized vehicles registered in 24
the state, except in the cases of fairs, exhibitions and expositions not exceeding 25
five (5) days. 26
(e)For a trial period from [start date] to [end date], a mobile vendor selling food, food 27
products, and/or beverages (hereafter “Food Truck”) may operate and do business in 28
GR, SR, TODD, or PI zoned districts upon receipt of a “Food Truck Permit” subject to 29
the following terms and conditions and revocable in the event of noncompliance: 30
(1) No food truck shall be stationed for business upon any public street or right-of-31
way.32
(2) No food truck shall be stationed upon any property (Hosting Property) except with 33
a Food Truck Permit issued to the property owner or lessee thereof and in a manner 34
that does not impede the flow of traffic in public streets or rights-of-way, nor block 35
pedestrian access to public streets or rights-of-way. 36
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(3) All owners and operators of food trucks or the owner of the Hosting Property must 1
provide for their own trash and garbage removal such that all service-related refuse2
must be removed each night from the premises upon which the vending was 3
conducted.4
(4) Food trucks must operate from four-wheel motorized vehicles that is operational at 5
all times and registered in the State of Florida, must have all approvals for mobile 6
food service required by the Florida Department of Health. Neither the food truck 7
nor any food truck with the same owner/operator shall have been cited or 8
sanctioned for food safety violations within the past two years.9
(5) A food truck may not play music or other electronically amplified sound audible 10
outside the truck.11
(6) A Food Truck Permit may be issued and shall be subject to the following 12
conditions:13
(i) The applicant shall be the operator of a business on the property where the food 14
truck will be situated and operate, or the City in the case of an application for a 15
food truck in a City park.16
(ii) Only one food truck may operate per permit at any given time, although multiple 17
food trucks may be operated on different days or at different times under one 18
permit.19
(iii) At the least, the application shall indicate the precise location, days and hours 20
of operation, and cuisine or type of food to be sold, whether non-biodegradable 21
single use plastics will be provided to customers, the name and operator of the 22
food truck, and full contact information for the applicant who will be responsible 23
for compliance of the food truck’s operation under the permit.24
(iv) As part of the application, the applicant will create a list containing (1) the name 25
and representative for every restaurant the front door of which is within 500 feet 26
(as the crow flies) of the spot where the food truck will be situated, and which is 27
open to serve new customers during the same hours as the food truck is proposed 28
to operate, and (2) written approval of the food truck proposal by an authorized 29
representative of that restaurant. 30
(v) A permit may be issued by City staff upon thoughtful review and consideration 31
of the proposal.32
(vi) Any Food Truck Permit issued shall enumerate and be restricted to the same 33
operating conditions as stipulated in the application.34
(vii) In the event the food truck is found by City staff to violate the conditions of 35
the permit, following one written warning and a chance to correct the non-36
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compliant condition within one week of receipt of written notice, a Food Truck 1
Permit may be temporarily suspended or permanently revoked by the City for 2
violation of any of term or provision stipulated in section (e) or in the permit. A 3
second violation within one year does not require a written warning prior to 4
permit suspension or revocation. An appeal of the revocation may be filed 5
pursuant to the procedures set forth in Sec. 13-27.6
(7)Food Truck Permit Fee7
(i) The duration of the Food Truck Permit shall be one year. A new or renewed 8
Food Truck Permit must be obtained to continue operation after an existing 9
permit expires or if, during the course of operations under the existing permit, 10
there is a material change in the operating conditions as stipulated in the 11
application under which the existing permit was issued. The City Manager shall 12
be the sole and absolute judge of whether the change is material.13
(iii) The permit fee shall be $500.00 or as amended from time to time in the City’s 14
Schedule of Fees and Fines.15
(iv) As long as single use plastics are allowed to be provided to customers in 16
hospitality-related establishments within the City of South Miami, the applicant 17
will receive a 25% discount on the Food Truck Permit fee provided the applicant 18
certifies in the application that the food truck will issue to customers no single 19
use plastics unless of a biodegradable type. If the food truck is issued a discount 20
and fails to comply with this restriction, the operator or the Host Property owner 21
shall be required to pay the full permit fee, even if the violation occurs at the 22
very end of the term of the permit.23
Section 3. Corrections. Conforming language or technical scrivener-type 24
corrections may be made bythe City Attorney for any conforming amendments to be 25
incorporated in the final product for signature.26
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Section 4: Codification. The provisions of this ordinance shall become and be 28
made part of the Code of Ordinances of the City of South Miami as amended; that the 29
sections of this ordinance may be renumbered or re-lettered to accomplish such intention; 30
and that the word "ordinance" may be changed to "section" or other appropriate word.31
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Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 33
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 34
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Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance 36
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 37
holding shall not affect the validity of the remaining portions of this ordinance.38
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Section 7. Effective Date. This ordinance shall become effective upon enactment.40
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PASSED AND ENACTED this day of , 2019.1
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ATTEST:APPROVED:3
_________________________________________________4
CITY CLERK MAYOR5
1st Reading6
2n Reading7
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READ AND APPROVED AS TO FORM,COMMISSION VOTE9
LANGUAGE, LEGALITY,Mayor Stoddard:10
AND EXECUTION THEREOF:Vice Mayor Harris:11
Commissioner Gil:12
____________________________Commissioner Liebman:13
CITY ATTORNEY Commissioner Welsh:14
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