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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-013 Temp. Ord. No. 2460 February 18, 2021 Page 1 of 9 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 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 2 of 9 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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 3 of 9 • 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 CODING: Words in stri' ugh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 4 of 9 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; • CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 5 of 9 • (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 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 6 of 9 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 CODING: Words in strike-through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 7 of 9 • (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 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 8 of 9 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. i [THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.] • CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2460 February 18, 2021 Page 9 of 9 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 CODING: Words in strike throu„h type are deletions from the existing law; Words in underscore type are additions.