HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-013 Temp. Ord. No. 2460
February 18, 2021
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2021 - '
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 10 OF THE CITY OF
TAMARAC CODE OF ORDINANCES, ENTITLED "LAND
DEVELOPMENT CODE" BY AMENDING ARTICLE 3, ENTITLED
"USE REGULATIONS", AMENDING SECTION 10-3.5, ENTITLED
TEMPORARY USES AND STRUCTURES", BY SPECIFICALLY
AMENDING SUBSECTION 10-3.5(G)(3) ENTITLED "FOOD
TRUCK" OF THE CITY OF TAMARAC CODE OF ORDINANCES,
TO PROVIDE DEFINITIONS, TERMS AND REGULATIONS FOR
FOOD TRUCKS OPERATING WITHIN THE CITY OF TAMARAC,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, mobile food truck businesses are a part of an emerging industry
centered on providing innovative on the go cuisine often in a synergistic, social pedestrian
environment; and
WHEREAS, mobile food trucks have increased in popularity and have become
more prominent in cities and communities around the world; and
WHEREAS, mobile trucks have relatively low startup costs and can reduce the
financial barrier to entrepreneurship providing economic opportunity for individuals with
little capital; and
WHEREAS, the ongoing COVID-19 Pandemic has significantly impacted the
traditional brick and mortar restaurant industry; and
WHEREAS, these indoor dining facilities are facing challenges in providing
services while adhering to social distancing guidelines; and
WHEREAS, restaurant owners are looking for creative avenues from which to pivot
• their existing business model; and
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Temp. Ord. No. 2460
February 18, 2021
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WHEREAS, mobile food trucks present an opportunity for these businesses to 111
maintain service and sales while adhering to social distancing guidelines often
burdensome to indoor dining facilities; and
WHEREAS, this emerging trend further warrants the need to create policies that
effectively regulate mobile food truck operations within the City's municipal boundaries
while facilitating economic opportunities for new and existing local businesses; and
WHEREAS, the Economic Development Element of the City's Comprehensive
Plan, states that the City shall foster economic resiliency by proactively adopting business
friendly, pro-growth policies; and
WHEREAS, the proposed amendment is alignment with the "Tamarac is
Economically Resilient" strategic goal by creating policy that is responsive to the evolving
economic climate; and •
WHEREAS, policy planning plays an integral role in economic development, and
it is in the City's interest to examine how best to implement regulation that will diversify
its economic base; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance amendment; and
WHEREAS, the City Commission of the City of Tamarac wishes to continue to be
responsive to the impacts of the ongoing COVID-19 Pandemic and its effect on local
businesses and has deemed it to be in the best interest of the citizens, residents, and
visitors to the City of Tamarac to amend the Land Development Code to allow for the use
of mobile food trucks within its municipal boundaries subject to the provisions outlined in
the proposed amendment to the City's Land Development Code.
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February 18, 2021
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• NOW, THEREFORE, be it ORDAINED by the City Commission of the City of
TAMARAC, Florida, as follows:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Commission hereby amends Chapter 10, Section 10-3.5
entitled "Temporary Uses and Structures" of the City Code, by specifically amending
Section 10-3.5(G)(3) entitled "Food Truck" as written so that the Code shall read as
follows:
Section 10-3.5(G)(3) Food Truck
• (19)-Feed-truGks-shall-be-assosiated-with-a-speGial-event,
A) Definitions.
(1) Mobile food truck means a vehicle which is used to vend food and beverage
products and is classified as one of the following:
(a) Class I—Mobile Kitchens. These vehicles may cook, prepare and assemble
food items on or in the unit and serve a full menu. These vehicles may also
vend the products permitted for Class II Mobile Food Trucks.
(b) Class II—Canteen Trucks. These vehicles vend pre-cooked foods, pre-
packaged foods, pre-packaged drinks and incidental sales of pre-packaged
• frozen dairy or frozen water-based food products, fruits and vegetables. No
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preparation or assembly of food or beverage may take place on or in the
vehicle; however, the heating of pre-cooked food is permitted. •
(2) Mobile food vendor means a person who prepares, dispenses or otherwise sells
food from a mobile food truck.
(B) Administrative Rules, Regulations and Application Requirements. The City Manager
or his designee shall adopt, enact and amend Administrative Rules and Regulations,
and Application Requirements for Mobile Food Trucks. These Administrative Rules
and Regulations and Application Requirements shall cover the mobile food vendor
permit application requirements, and the permit renewal procedure.
fC) Permit Requirements.
(1) Any person engaged in the selling, preparation or dispensing of food from a
mobile food truck must apply for a mobile food vendor permit in accordance with
this Chapter and the Application Requirements promulgated by the City Manager
or his designee.
f2) A separate business tax receipt will be required for each mobile food truck.
(3) An applicant for a Class I Mobile Food Vendor permit shall make their mobile
food truck available for inspection by the City of Tamarac Fire Department at a
location determined by the Fire Department. The City of Tamarac 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 must undergo an inspection by the City of Tamarac
Fire Department every six (6) months.
(4) All mobile food vendors must display the mobile food vendor permit issued by the
City in a prominent and visible manner.
(D) Permitted Zoning Districts for Operation of a Mobile Food Truck. Mobile food trucks
shall be permitted to operate as a temporary use in the zoning districts outlined in
Section 10-3.2. Notwithstanding and in addition to the provisions of this article an
Application for Food Truck Permit use shall be subject to city approval of all
application materials.
(E) Prohibitions. Mobile food vendors are prohibited from the following:
(1) Selling or distributing alcoholic beverages;
(2) Operating in a City_park or City parking lots, municipal swales, municipal, state,
and county roadways and public rights-of-way, municipal lots or residentially
zoned neighborhoods unless pursuant to a separate agreement with the City; •
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• (3) Operating outside of the permitted zoning districts listed in Section 10-3.2 unless
pursuant to a separate agreement with the City or this Chapter;
(4) Operating on unimproved surfaces, vacant lots and abandoned business locations
unless pursuant to a separate agreement with the City;
(5) Providing or allowing a dining area, including but not limited to tables, chairs,
booths, bar stools, benches and standup counters;
(6) Selling or dispensing food to customers in a moving vehicle or otherwise engaging
in drive-up sales;
(7) Parking a mobile food truck:
(a) Within twenty-five (25) feet of a crosswalk;
(b) Within any fire lane or any area dedicated to the parking of law enforcement
and/or emergency vehicles.
(c) Within twenty-five (25) feet of any fire hydrant or storm drainage structure
(d) Within any off-street parking or loading space required by the City's Code for
existing land uses located on the same property or plot.
(e) Within any area identified as a sight visibility triangle as defined by Section
10-6.3.
II/ (F) Food Truck General Regulations.
(1) Mobile food vendors shall remove all waste and trash at the end of each day.
(2) Under no circumstances shall grease be released into the City's sanitary sewer
system. No liquid waste or grease is to be disposed in tree pits or onto the
sidewalks, streets or other public spaces.
(3) In accordance with the Florida Department of Business and Professional
Regulation guidelines, all necessary control measures shall be used to effectively
minimize, or eliminate when possible, the presence of rodents, roaches and other
vermin and insects on the premises of all mobile food Trucks. Each Mobile Food
Vendor shall maintain a log containing a written record of the control measures
performed by exterminators or other pest control businesses on the mobile food
truck. This log shall be open to inspection by City Code Enforcement Officers.
(4) Mobile food vendors must not engage in food preparation if the vehicle does not
provide water and waste systems as required by the Florida Department of
Business and Professional Regulation or otherwise fails to meet sanitation and
safety requirements.
(5) All food service equipment utilized by the mobile food vendor shall be maintained
in good repair and a clean condition.
(6) A mobile food vendor shall use only single-service food utensils.All single-service
• food utensils such as cups, straws, knives, forks, spoons and stirrers shall be
individually wrapped, kept in a clean place, properly handled and shall be used
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only once. All cups and containers for bulk drinks shall be stored in closed .
cartons and served from dispensers which protect their rims from contamination
by customers, dust, dirt or flies.
(7) All pre-packaged food must be individually wrapped and must comply with the
labeling requirements as required by state and federal law. No person shall keep
or offer for sale individual portions of perishable food products which have been
rewrapped or repackaged or portions of which the identifying date on the wrapper
has been altered, disfigured or changed in any manner.
(G) Operating Requirements.
(1) Mobile food vendors shall have the written consent of the property owner to
conduct the activity.
(2) Mobile food trucks shall be permitted to operate Tuesday through Sunday
between 9:00 a.m. and 10:00 p.m. each days however no mobile food truck shall
be parked at one location for longer than six (6) hours.
(3) Mobile food trucks shall not exceed ten f 10) feet in width, including any side
extensions of awnings, twenty-four (24) feet in length, including the length of any
trailer hitch, the trailer or other extensions.
(4) Mobile food trucks must be self-contained when operating, except for the required
trash and/or recycling receptacles, which must be attached to the mobile food
truck, and shall not impede free movement of automobiles or pedestrians. The
mobile food vendor shall keep all areas within five (5) feet of the mobile food truck
clean of grease, trash, paper cups or cans associated with the vending
operation.
(5) No more than one mobile food truck shall operate on any property at any one
time, except as permitted by a special event or authorized permit issued by the
City.
(6) No more than ten (10) mobile food truck permits shall be issued annually for
operation of a food truck within the City limits, except as permitted by special
event or authorized permit issued by the City.
(7) Mobile food trucks operators shall have a written agreement, available upon
request, which confirms that employees have access to a flushable restroom
within one hundred fifty (150) feet of the vending location during the hours of
operation.
(8) Mobile food trucks shall adhere to the off-street parking standards as identified in
Section 10-4.3.
(9) Mobile food trucks shall be operated only by the mobile food vendor permittee or
by an authorized employee of such permittee.
(H) Adherence to local state,_and federal regulations for food and beverage service
S
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• (1) All mobile food trucks shall comply with local, state, and federal regulations
governing the storage, preparation, handling, serving and discard of food and
beverage items consumed by the public. have adequate mechanical refrigeration
equipment that is capable of maintaining food or drink at a temperature of forty
(40) degrees Fahrenheit or less, if any food or drink is required to be kept cold.
(I) Food Service Provided to Persons Engaged in Construction. Class II Mobile Food
Trucks that are being used to provide food and drink to persons engaged in
construction in the City of Tamarac are exempt from the provisions of Section
10-3.5(G)(3) above, provided such vehicles are only parked for a maximum of
one hour on the active site of construction with the property owner's consent.
(J) Enforcement and Penalties.
(1) A Code Enforcement Officer or a Law Enforcement Officer may issue a civil
citation for a violation of this Chapter pursuant to the standards and procedures
outlined in Chapter 9 of the City's Code of Ordinances. Each offense or violation
shall constitute a separate instance for which a separate penalty may be
imposed.
(2) For the purposes of this section, "offense" shall mean a finding of violation by the
Code Enforcement Magistrate. An offense shall be deemed to have occurred on
the date the violation occurred. An offense occurring twelve (12) months after the
last offense shall be treated as a first offense for purposes of incurring new
citations and penalties.
(3) If, at any time, the Florida Department of Business and Professional Regulation
revokes or suspends the mobile food vendor's license, the City's Mobile Food
Vendor permit shall be deemed to have been simultaneously revoked or
suspended.
SECTION 3. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may
be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article"
or such other word or phrase in order to accomplish such intention.
SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
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conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective upon adoption.
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PASSED, FIRST READING this 1O day of MA-RC-f" , 2021.
•
PASSED, SECOND READING this o r day of , 2021.
MICHELLE J.YOMEZ,
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1:COMM BOLTON (�
DIST 2: COMM. GELIN UeS
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO :JL
RECORD OF COMMISSION VOTE:2ND Reading
MAYOR GOMEZ
DIST 1: COMM.BOLTON ff,A
DIST 2: COMM.GELIN J
DIST 3: VIM VILLALOBOS deS
DIST 4: COMM.PLACKO 9'S'
ATTEST:
JE !FER J ,FINS , C C
CITY CLERK
I HEREBY CERTIFY that
have approved this
ORDINANCE as to form.
• A SOI IN T,
CITY ATTORNEY
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