2023-03-16 III. A. Planning Staff Report Exhibit 1 MORRIS 2914 Cleveland Avenue I Fort Myers, Florida 33901
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ENGINEERS • PLANNERS •SURVEYORS
LANDSCAPE ARCHITECTS Workshop Staff Report
To: City of Okeechobee Planning Board
From: Ben Smith, AICP
Date: March 7, 2023
Subject: Mobile Food Dispensing Vehicles
Background
Mobile food dispensing vehicle (MFDV) is a term that is meant to encompasses several types of
mobile food vendors including food trucks, mobile kitchens, canteen trucks, ice cream trucks and
food carts. The City's Planning Board and Council workshopped the issue of mobile food vendors
in 2019 and determined:
1. The City's current code effectively prohibits MFDVs within the City limits.
2. That the City would not pursue any code changes at that time to allow MFDVs within the
City.
In 2020, the Governor signed into law SB474/HB1171, which enacted Florida Statute 509.102.
This section preempts local governments from entirely prohibiting MFDVs within their jurisdiction
and also prohibits local governments from requiring a separate license, registration, permit, or
fee, other than what is required through the Florida Department of Business and Professional
Regulation. As the City may no longer entirely prohibit MFDVs, it is necessary to amend the City's
code in order to comply with state law.
Florida Statute 509.102
1) As used in this section, the term "mobile food dispensing vehicle" means any vehicle that
is a public food service establishment and that is self-propelled or otherwise movable from
place to place and includes self-contained utilities, including, but not limited to, gas, water,
electricity, or liquid waste disposal.
2) Regulation of mobile food dispensing vehicles involving licenses, registrations, permits,
and fees is preempted to the state. A municipality, county, or other local governmental
entity may not require a separate license, registration, or permit other than the license
required under s. 509.241, or require the payment of any license, registration, or permit
fee other than the fee required under s. 509.251, as a condition for the operation of a
mobile food dispensing vehicle within the entity's jurisdiction. A municipality, county, or
other local governmental entity may not prohibit mobile food dispensing vehicles from
operating within the entirety of the entity's jurisdiction.
3) This section may not be construed to affect a municipality, county, or other local
governmental entity's authority to regulate the operation of mobile food dispensing
vehicles other than the regulations described in subsection (2).
4) This section does not apply to any port authority, aviation authority, airport, or seaport.
Fort Myers I Tallahassee I Destin I c >
MORRIS Workshop Staff Report
DEPEW Mobile Food Dispensing Vehicles
Regulatory Options
• Once it has been established where MFDVs may operate without a city permit in certain
areas, there is the option to allow MFDVs in other areas/situations though a temporary
use permit or another process.
• Consider whether brick and mortar businesses should be protected from encroachment
of MFDVs. Potentially prohibit operation of food trucks within proximity to restaurants.
• Consider classification of MFDV types and implementing different standards for each type.
For example, the regulations could differentiate between ice cream trucks and food
vendors which require heating of food.
• Consider limiting operation of MFDVs to certain zoning districts, or different regulations
based on the MFDV type and zoning district.
• Limitations in hours of operation or days of the week.
• Requirements for availability of bathroom facilities in certain situations.
• Consider whether MFDVs should be permitted on vacant property or property without an
active developed use.
• Requirements and/or limitations for parking, seating, and/or canopies.
• Should MFDVs and associated seating/canopy areas be permitted to occupy parking
areas that are required for the permitted existing active use? If so, is there a limit to the
number of parking spaces or percentage of the parking spaces that can be occupied by
the MFDV?
• Signage, lighting, noise, and/or solicitation restrictions.
• Waste disposal requirements.
• Fines for infractions.
• Consider targeting areas in need of additional food options, perhaps in areas in the City
with limited existing availability of prepared food options
2
MORRIS Workshop Staff Report
DEPEVV Mobile Food Dispensing Vehicles
MFDV Ordinances from Other Jurisdictions
Okeechobee County
o Mobile food vendors divided into three classifications that can be generally described as
food trucks,sandwich wagons and ice cream trucks.
• Class I -Mobile Kitchens-Vehicles that may cook, prepare and assemble food
items in the unit and serve a full menu, including hot dog carts.
• Class II -Canteen Trucks-These vehicles sell fruits,vegetables, precooked
foods, prepackaged foods and pre-packaged drinks. No preparation or assembly
of foods or beverages may take place on or in the vehicle, however,the heating
of pre-cooked foods is allowed.
• Class III - Ice Cream Trucks-These vehicles sell only pre-packaged frozen dairy
or frozen water-based food products,soft serve or hand-dipped frozen dairy
products or frozen water-based products and pre-packaged beverages.
o Class I vehicles may operate in commercial, industrial,agriculture and public service
zoning districts only on private property(not public ROW), and must have written
permission from property owner available upon request.
o Class II and Class III vehicles may operate in any zoning district and in the ROW provided
they are not stationary for more than 60 minutes.
o Vendors must have current vehicle registration and tags and provide their sales tax
number on request.
o Hand sanitizer must be visible and available while open.
o Vendors can operate on vacant or abandoned business locations, but cannot operate on
unimproved surfaces or in landscape buffers.
o No limit to the hours of operation and no limit to the number of days per week or
consecutive days that a vendor may remain at any one location.
o Cannot use parking spaces required for other uses on the property.
o Class I vehicles must provide restroom facilities for employees within 150 feet if the
food truck is open for more than four hours, and to properly manage waste disposal
o No more than two MFDVs operating at any location at one time without temporary use
permit approval.
o No canopies or other temporary fixtures permitted in association with MFDV
North Miami
o MFDVs permitted in M-1 zoning district only(subject to additional standards)
o "This use may be accommodated in other zoning districts as a special event through the
temporary use permit process as provided in section 5-1611"
o Administrative site plan approval required
o Hours of operation are determined by the legally operating permanent business located
on the subject property
• What if there is more than one?Such as an office or commercial plaza?
o Debris and other waste to be removed every day
o Does not allow food to be sold, prepared or displayed outside of the MFDVs
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MORRIS kv: Workshop Staff Report
Mobile Food Dispensing Vehicles
DEPEW
o Adequate sanitary facilities required for employees and patrons
o No flashing/blinking/strobe lights or similar effects
o No loud music, amplification devices, bullhorns, crying out, or any other audible
methods to gain attention
• Ice cream trucks?
o A-frame sign located next to customer service area is the only permitted signage
o Dining furniture must be approved through site plan and must be removed daily
o Sale of products other than food and beverages is prohibited
• Exception: branded items consistent with the food or vendor(such as cups and
t-shirts)
o Unless temporary use permit is issued, no more than two (2) MFDVs allowed on-site
o MFDVs may not be located on properties upon which there are unpaid liens or open
code violations
Winter Springs
o Requires temporary accessory outdoor use permit (requires site plan) or special event
permit for all food trucks
o MFDVs are permitted as temporary accessory uses on properties within I-1,C-3 or C-2
o Alternatively,can be located on City property or public road subject to a special event
permit
o Permitted within public or private school property if part of a school-sponsored event if
it is lawfully permitted by the City
o Permitted within private property which has been temporarily set aside for a MFDV to
operate during a special event
• Not allowed to operate on any residential or multi-family residential use unless
within common area for a project with at least 50 units.
• Limited to one event per calendar quarter
o Operation on private property requires notarized affidavit from property owner
o Affidavit must indicate that property owner will comply with solid waste disposal
ordinances
o Property must not have any code violations
o Property must be a developed site
o Only one (1) MFDV shall be in operation at a time unless the City authorizes a special
event.
o Hours of operation are limited between 7 am and 10 pm unless the City authorizes a
special event.
o Property owner must have a site plan approval
o Temporary sales area must be on paved surface not to exceed 600 SF unless the City
Manager determines that more area is required
o Outdoor dining areas are prohibited unless given written permission by the City during
an authorized special event
• Tables
• Chairs
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MORRIS Workshop Staff Report
svartr.0 Mobile Food Dispensing Vehicles
DEPEW
• Booths
• Bar stools
• Benches
• Standup counters
o Overnight parking of mobile food dispensing vehicles is prohibited unless located within
an enclosed garage or on property zoned for an authorized open storage use
o Does not allow for any amplified noise
o No on-site seating permitted unless coordinated with, and permitted by,the City
Deltona
o Site plan is required "...basis for the site plan can be a scaled aerial photo downloaded
from the internet"
• Buildings
• Drive aisles
• Parking places
• Pedestrian facilities
• Property boundaries
• On-site parking
• Driveway cuts
• Other improvements
o Permitted in;
• C-1, C-2, C-3 zoning districts
• IPUD, BPUD
o May set up ancillary tents,chairs,or tables subject to a series of conditions including
that seating and tables must be located on a paved surface
• Must be removed at end of every"business cycle"
o Includes section taken from Florida Fire Prevention Code (may be best to avoid in case
that is updated,would cause inconsistency with externally controlled document)
o Hours of operation limited from 7 am to 10 pm
o Parking determines max allowable number of food trucks at one location
Winter Garden
o Only permitted on private property with a I-1 or I-2industrial zoning
• N/A if part of city approved special event permit or operating in an area
governed by a PUD or other similar development where expressly permitted
o Prohibited in res and com zoning districts
o Min separation of 250 ft from one another
Royal Palm Beach
o Separates mobile food vendors into varying classes
• Class I; Mobile Kitchens -contain mobile kitchens where preparation and
assemblage of food may take place
5
MORRIS Gy Workshop Staff Report
DEPEW Mobile Food Dispensing Vehicles
• Class II; Canteen Trucks -vend fruits,vegetables, hot dogs, pre-cooked foods,
pre-packaged foods and pre-packed drinks.
■ Cooking apparatus/grill top for heating is permitted
• Class III; Ice Cream Trucks-vend only pre-packaged frozen dairy or frozen
water-based food products, soft serve or hand-dipped frozen dairy or frozen
water-based food products and pre-packaged beverages.
o Any gathering of 2 or more Class I, II, or III mobile food trucks on a property at any given
time shall be classified as a food truck special event which will require a special permit
o Patron seating must be stored within the food truck unless the property owner has
obtained a special-event permit from the village.
Not permitted to conduct business within 200 ft of any existing food service
establishment during their hours of operation (unless they have consent)
o Not permitted within 200 ft of Village-sponsored event unless permitted to operate at
the event
o Only ice cream trucks may conduct business in the public ROW
o Prohibited within 15 ft of an intersection or pedestrian crosswalk unless owner obtains
special event permit
o Limitation on number of operating days
• 2 consecutive days max at same location
• 10 days per calendar year at same location
• Unless they have a special event permit
o Truck can take up no more 10%of a parking lot that is 30 spaces or less
o Truck can take up no more than 5%of a parking lot is greater than 30 spaces
o Hours of operation at 7 am to 9 pm unless they have a special event permit
o Noise limitation on all but ice cream trucks
o If stationary for over 3 hours, employees shall have access to bathroom within 400 ft
o Additional regulations by class/zoning district
6
ORDINANCE NO.2022-0001
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF OKEECHOBEE COUNTY,
FLORIDA, CREATING A NEW SECTION 22-169 OF THE
OKEECHOBEE COUNTY CODE OF ORDINANCES TO
PROVIDE PROCEDURES AND CRITERIA APPLICABLE
TO MOBILE FOOD ESTABLISHMENTS; AMENDING
SECTIONS 22-151, 22-152, 22-155, 22-157, 22-158, 22-161, 22-
164, 22-165 AND 22-168 OF THE OKEECHOBEE COUNTY
CODE OF ORDINANCES TO REMOVE REFERENCES TO
MOBILE FOOD VENDORS; AND PROVIDING FOR
FINDINGS, SEVERABILITY, CONFLICTS,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, Ch. 2020-160, Laws of Florida, created Sec. 509.102, Fla. Stat., which
preempted to the state the "[r]egulation of mobile food dispensing vehicles involving licenses,
registrations,permits,and fees",prohibited local governments from"requir[ing]a separate license,
registration, or permit other than the license required under s. 509.241, or requir[ing]the payment
of any license,registration,or permit fee other than the fee required under s.509.251,as a condition
for the operation of a mobile food dispensing vehicle within the entity's jurisdiction", and
prohibited local governments from"prohibit[ing] mobile food dispensing vehicles from operating
within the entirety of the entity's jurisdiction"; and
WHEREAS, however, Sec. 509.102, Fla. Stat. further provided that "[t]his section may
not be construed to affect a municipality, county, or other local governmental entity's authority to
regulate the operation of mobile food dispensing vehicles other than the regulations described" in
the previous recital; and
WHEREAS, as a result, counties retain the authority to regulate the operation of mobile
food dispensing vehicles,except as expressly specified in Sec.509.102,Fla. Stat.,and as otherwise
preempted by certain other state regulations; and
WHEREAS, the Board of County Commissioners of Okeechobee County (the "Board")
recognizes the need for reasonable regulations governing mobile food establishments within
Okeechobee County (the "County"), in the interests of protecting the public health, safety, and
welfare; and
WHEREAS, the Board has determined that it is in the best interest of the health, safety,
and welfare of the residents and visitors of the County that regulations governing mobile food
establishments in the County be revised to conform to the limited prohibitions of Sec. 509.102,
Fla. Stat., and as otherwise set forth herein; and
WHEREAS, for purposes of this Ordinance, underlined type shall constitute additions to
the original text, *** shall constitute ellipses to the original text and strikes shall constitute
deletions to the original text.
Page 1 of 10
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF OKEECHOBEE COUNTY,FLORIDA,that:
Section 1. Recitals. The above recitals and "Whereas" clauses are hereby included as
findings by the Board of County Commissioners of Okeechobee County,Florida,and are otherwise
fully incorporated herein.
Section 2.Adoption of Code Provision. Section 22-169 of the Okeechobee County Code
of Ordinances is hereby adopted to read as follows:
Sec. 22-169. Procedures and criteria for mobile food establishments.
(a) Classifications. Mobile food establishments involving the use of a mobile food
dispensing vehicle shall be classified as follows:
(1) Class I—Mobile kitchens.In addition to the vending of products allowed for
Class II and Class III, these vehicles may cook,prepare and assemble food
items in the unit and serve a full menu. This also includes hot dog carts.
(2) Class II—Canteen trucks.These vehicles vend fruits,vegetables,precooked
foods, pre-packaged foods and pre-packaged drinks. No preparation or
assembly of foods or beverages may take place on or in the vehicle,
however,the heating of pre-cooked foods is allowed.
(3) Class III—Ice cream trucks.These vehicles vend only pre packaged frozen
dairy or frozen water-based food products,soft serve or hand-dipped frozen
dairy products or frozen water-based products and pre-packaged beverages.
(4) Exclusions. As used in this section, the term "mobile food establishments"
does not include minor children operating lemonade or soft drink stands,
owners or operators of fresh fruit and/or vegetable stands or other raw,
uncooked, unprepared or nonedible perishable goods, or owners or
operators of food or beverage self-service vending machines.
(b) Specific requirements. Mobile food establishments conducting business in
conjunction with a County-sanctioned event or activity, or events held on County-
owned public property shall comply with all standards and requirements as
established by the event coordinator and/or Planning and Development
Department, in addition to any applicable state regulatory agency's regulations.All
other mobile food establishments, except those as a part of an approved temporary
use permit on privately-owned property as regulated pursuant to Okeechobee
County Code,or on a commercial site developed and approved for such a use,shall
comply with the following requirements:
Page 2 of 10
S 1) Class I vehicles may operate in commercial, industrial, agriculture and
public service zoning districts only. Class II and Class III vehicles may
operate in any zoning district provided that they are not stationary for
periods exceeding 60 minutes,and must not constitute a hazard to vehicular
or pedestrian traffic.
(2) Class I mobile food establishments shall have the written consent of the
owner(s) of the property on which it is located. Such written permission
shall be available upon request by the representative of any regulating
agency.
(3) Any person engaged in selling1preparing,or dispensing food from a mobile
food dispensing vehicle shall obtain the appropriate approvals and licenses
from the State of Florida Department of Business and Professional
Regulations, (DBPR), Florida Department of Health, and/or the Florida
Department of Agriculture and Consumer Services before operating, and
shall provide copies of all approvals and licenses upon request.
(4) The operator of a mobile food establishment shall provide the County or
other regulatory agencies their Florida State sales tax number upon request
and shall maintain display a current vehicle registration tag.
(5) The mobile food establishment shall make the dispensing vehicle available
for routine inspections by the Okeechobee County Fire Marshal, Building
Inspector, or Code Enforcement Officer at any time requested and at any
frequency deemed appropriate, while at location or in operation, to ensure
compliance with all applicable federal, state, and local fire safety statutes,
regulations and codes, and local regulations of this section.
(6) Mobile food establishments shall comply with all requirements of the most
current edition of the Florida Fire Prevention Code(FFPC)and the National
Fire Protection Association(NFPA). Upon inspection, if the fire marshal or
his designee determines any violations of the FFPC or NFPA exists, the
mobile food establishment can be required to cease operations immediately.
(7) Mobile food establishments shall have hand sanitizer or similar visible and
readily available for customer use at all times during hours of operation.
(c) Prohibitions. Mobile food establishments operating a mobile food dispensing
vehicle are prohibited from the following:
(1) Serving from a free-standing grill.
(2) Operating in a driveway,driveway aisle,loading zone,no parking zone,fire
lane, blocking fire hydrants or any other fire protection devices and
equipment, or American with Disabilities Act (ADA) accessible parking
Page 3 of 10
spaces and/or accessible ramps. Class I establishments are prohibited from
operating within a public right-of-way.
(3) Operating in a location that impedes on-site circulation of motor vehicles.,
the ingress or egress of a building, or emergency exits.
(4) Operating on unimproved surfaces or in any approved landscape buffer or
stormwater retention area.
(5) Use of sound amplification in such manner as to unreasonably disturb the
peace, quiet and comfort of neighbors or nearby individuals.
(6) Using balloons, banners, streamers, snipe signs, large flashing lights,flags,
scantily cladded or costumed work staff, or other similar devices to attract
customers,except in accordance with County sign regulations.
(7) Selling or dispensing food or beverages to customers in a moving vehicle
or otherwise engaging in drive-up sales.
(8) Selling or distributing alcoholic beverages.
(9) Soliciting sales of food or beverages from residence to residence or in any
other place except on or from the mobile food dispensing vehicle.
(10) Soliciting sales of food or beverages by:
a. Stopping passersby.
b. Yelling or making loud noise to attract persons to the mobile food
establishment.
c. Having an attraction which will blockade a street, sidewalk or other
public place.
(11) Sale from any vehicle with more than two axles. This does not preclude use
of a single axle trailer hitched to a motor vehicle.
(d) Operating requirements.
(1) Mobile food dispensing vehicles shall be self-contained when operating,
and shall provide their own required trash and/or recycling receptacles,and
receptacles for public use. Mobile food establishments shall remove all
waste and trash at the end of each day of operation, and prior to vacating
their location,and fully comply with F.A.C. Rule 61 C-4.0161.
(2) Under no circumstances shall grease or any waste materials be released into
any stormwater system, tree landscaping area, sidewalks, streets, parking
lots, or_private/public property. Mobile food establishments shall be
Page 4 of 10
responsible to properly discard any waste material in accordance with
federal, state, county, municipal, or any laws, rules, regulations, orders, or
permits.
(3) No more than two mobile food establishments shall operate at the same
location at any one time,except as may be permitted as part of an approved
temporary use permit on privately-owned property as regulated pursuant to
the Okeechobee County Code or on a commercial site developed and
approved for such a use.
(4) Class I mobile food establishments operating at a site for a duration longer
than four hours shall have an agreement which confirms that employees
have access to a flushable restroom within 150 feet of the establishment's
location during the hours of operation.
(5) Mobile food establishments shall not occupy any parking required by other
uses on the host site.
(6) Class I Mobile food establishments shall notify the County Planning and
Development Department no later than 48 hours prior to moving a mobile
food dispensing vehicle to a new location within the County where the Class
I Mobile food establishment will operate.
(7) Upon request by a County official,mobile food establishments shall provide
to the County a written receipt of legally compliant pump-out of grey water
from the mobile food dispensing vehicle.
(8) No accessory or appurtenant structures or fixtures shall be erected,installed
or constructed, but a temporary awning or canopy may be employed when
the mobile food establishment is open for business.A Class I vehicle itself,
but not other structures, fixtures, appurtenances or canopies, may remain
on-site during periods when the mobile food establishment is not open for
business.
(e) Penalties, enforcement and other legal remedies. Any person violating or failing
to comply with any of the provisions of this section shall be guilty of a misdemeanor
in the second degree and punished as provided for in §§ 775.082 and 775.083,
Florida Statutes. Each violation shall constitute a separate offense. In addition to
or as an alternative to the aforementioned penalty, the Okeechobee Code
Enforcement Special Magistrate may assess a civil penalty for the violation of any
provision of this article by a person.Each day of violation shall constitute a separate
offense. In addition and without limitation,the County may enforce a violation of
this section in the manner specified in section 1-13,or as otherwise provided in the
Code.
Page 5 of 10
Section 3. Code Amendment. The following sections of the Okeechobee County Code of
Ordinances are hereby amended to read as follows:
Sec. 22-151. Created.
There are hereby created regulations concerning peddlers, street vendors, merle
fee vendors, perishable goods vendors and transient merchants.
Sec. 22-152. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meaning ascribed to them in this section, except where the context clearly indicates a
different meaning:
***
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eto e.l able de ate the food be Fe of thi def n t,
111V CVaa�Vv 1alV YUV1V a1V.1VV JCVllll�-Cl lli 1V e . �,
(1) A mobile food vendor that is continually moving, such as a motorized ice
„, tru l rate f;.om a ght of, but shall not bstfuet traf c and shall not
VI VCIIlI CI KVIl, 111K� Vr/VITCCV 11 VIlT 1,
play music o otherw a ake s that„ .,be heard f:. 1 t• F e 4h
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ten minutes.
right of ay, but shall 1 a to . b ade ate rk: «d dr 1 bl
Vol Jl aLCll�[pVULV YYlaVr
without interrupting a afYeeting traffic flew Such mobile food ndor at
Y♦aC11V KL 1111V 11 uNLf ll� V[C111VV-Clllb'-C12CI1"IG e
shall be ected stalle.l „structed but te.. porar be
J1aKli VV VLVVLV 4, 111J LK1lV4 Vl �rV11J11-Q{J LI. ,
ether m able device but..et ether struct..ren f xturen urtenanees e
Vi VC1aVl 111V♦KVLV C1V Y1VV, VKL L1VL VG1lV1 3L1 , , a a,in
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a�.iiuiia via Jaw uualals Yi.�Vu� rY 11V
***
Sec.22-155. Permit required.
No person shall engage in any of the businesses of being a peddler;or street vendor;
or mobile food vendor without obtaining a permit from the Planning and Development
director. To obtain a permit, an application shall be submitted stating:
Page 6 of 10
Nothing in section 2-155 should be read as to diminish the validity of additional
requirements specified in sections 2-161,section 2-163, section 2-165, and Section 2-168
that are necessary in order to engage in particular aspects of peddling,and street vending
***
Sec.22-157. Expiration and renewal of permits.
A permit issued under section 2-155 for a peddler,or street vendor or-nie` le food
venom shall expire on September 30th annually and may be renewed from year to year
upon the filing of a renewal application and a finding by the Planning and Development
director that the applicant has complied with the applicable provisions of this article.
Sec.22-158. Permit suspension and revocation.
(a) Grounds. In addition to any other penalty, the Planning and Development director
may suspend or revoke a permit for:
***
(3) The applicant's conviction for:
a. Fraud or misrepresentations in the sale of merchandise; or
b. Deceptive trade practices; or
c. Violation of any health law or any similar local,state,or federal law,
with respect to transient merchants,street vendors,perishable goods
vendors, or peddlers.
***
Sec.22-161. Hours of business or sale; special hours permit; fee.
(a) No street vendor shall operate or permit the conducting of a
business or the selling of merchandise before 8:00 a.m. or after 9:00 p.m. unless a
special hours permit is obtained from the board. A street vendor ef-mebile-Feed
der seeking a special hours permit shall pay the board a fee for each day that
the street vendor wishes to have the special hours permit in
effect. Fees are as established by resolution by the board.
(b) A peddler may not operate or permit the conducting of a business or the selling of
merchandise before 8:00 a.m. or after 7:00 p.m. and may not seek a special hours
permit.
Page 7 of 10
Sec. 22-164. Certain peddling and street vending prohibited.
No peddler;or street vendor or n obi t e f od vendor shall:
(3) Without having first obtained a valid permit, use or occupy any portion of
any right-of-way of any County maintained road for the purpose of selling
or offering to sell merchandise, including food or beverages. In such cases,
peddlers; or street vendors or mobile food vendors may make sales from
vehicles or mobile stands that are located on the right-of-way,so long as the
sales are restricted to occupants of adjoining or abutting property.
Sec. 22-165.Additional permit requirements.
***
(e) A mobile food vendor shall deposit with the board a sum as established by
resoluti by the bo rd nd hall ,te the •« li t• a th a
Vs f alt tt f « a t
„t be transf rable
(d)(.0 The deposits required in subsections (a); and (b) and-(c) of this section shall be
required only at the time of the initial application for a general peddler; or street
vendor's or mobile food vendor's permit. It shall not be required at the time of
renewal for a peddler; or street vendor's or mobil„ f od vendor's permit. Further,
such deposit shall not be required at the time of application for a special permit.
(e)fd) Whenever a peddler; or street vendor, or mobile f oa vendor shall use a fixed,
portable or movable sign to inform the public of the peddler;or street vendor's
inebile-feed-vendees business, then such an operator shall be required to comply
with all aspects of the Okeechobee County Sign Ordinance, as it may from time to
time be amended.
Sec. 22-168. Altered goods or going-out-of-business sale; separate permit required;
length; restriction; fee.
Any peddler or street vendor proposing to advertise or hold an altered goods sale
or going-out-of-business sale shall obtain a separate permit. Each peddler or street vendor
applying for either permit shall pay the board a fee for each permit as established by
resolution by the board. The length of either special permit shall be 30 days and may be
Page 8 of 10
renewed once for an additional period of 30 days if the board determines it is proper to do
so. A peddler or street vendor conducting either type of sale or both shall refrain from
untrue, deceptive or misleading advertising.
Okeechobee County
Fee Schedule for Peddlers,Transient Merchants, Perishable Goods Vendors and Street
Vendors
(1) Annual permit fees.
1. Peddlers, including Residential Peddling Fee(per year) $300.00
2. Street Vendors (per year)1150.00
(2) Supplemental permit fees.
1. Special Hours Permit(per day) $25.00
2. Altered Goods/Going-out-of-Business Permit(per permit)i25.00
(3) Deposits.
1. Peddlers $500.00
2. Street Vendors 1250.00
Mobile Food V ndo..250
v. .00
All annual permits expire September 30th of each year, and must be renewed to
continue the activity. Occupational licenses also are required for all classifications of
peddler;and street vendor .
***
Section 4.Severability. The provisions of this Ordinance are severable;and if any section,
subsection, sentence,clause,phrase,or portion of this Ordinance,or application hereof, is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or
application shall be deemed a separate,distinct,and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
Section 5. Conflicts. All local laws and ordinances in conflict with any provisions of this
Ordinance are hereby repealed to the extent of such conflict.
Section 6.Codification. The provisions of Sections 2 and 3 of this Ordinance shall become
and be made a part of the Okeechobee County Code of Ordinances, and the sections of this
Ordinance may be re-numbered or re-lettered to accomplish such intention and the word
"Ordinance",or similar words,may be changed to "Section," "Article",or other appropriate word.
The codifier is granted liberal authority to codify the provisions of this Ordinance.
Section 7. Effective Date. This Ordinance shall take effect upon being filed in the office
of the Secretary of the State of Florida in the manner prescribed by law.
Page 9 of 10
APPROVED and ADOPTED by the Board of County Commissioners of Okeechobee
County, Florida, on the 12`h day of May, 2022.
� D
RYW. B RR ME&
OKEECHOBEE COU
BOARD OF COUNTY COMMISSIONERS
ATTEST:
41_4&()Q1A7i
JERALD D. BRYANT, CLERK THE
CIRCUIT COURT AND COMPTROLLER (Seal)
OKEECHOBEE COUNTY, FLORIDA
Approved as to form and legali •
Wade C. Vose, County Attorney
Page 10 of 10
ORDINANCE NO. 1469
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH MIAMI, FLORIDA,AMENDING CHAPTER 29 OF THE CITY
OF NORTH MIAMI CODE OF ORDINANCES ENTITLED "LAND
DEVELOPMENT REGULATIONS", SPECIFICALLY AT SECTION 5-
101, ENTITLED, "ACCESSORY USES AND STRUCTURES",
ESTABLISHING A NEW SECTION 5-1611 TO ALLOW MOBILE FOOD
DISPENSING VEHICLES TO OPERATE IN PARTICULAR AREAS OF
THE CITY, SUBJECT TO CERTAIN STANDARDS, SECTION 5-1903,
AND ARTICLE 7, ENTITLED "DEFINITIONS", IN ACCORDANCE
WITH SECTION 509.102(2), FLORIDA STATUTES (2021), AND
SECTION 3-302, AND SECTIONS 3-1004 THROUGH 3-1007 OF THE
CITY OF NORTH MIAMI CODE OF ORDINANCES, CHAPTER 29,
ENTITLED "LAND DEVELOPMENT REGULATIONS"; PROVIDING
FOR REPEAL, CONFLICTS, SEVERABILITY, CODIFICATION, AND
FOR AN EFFECTIVE DATE.
WHEREAS,the City of North Miami ("City") is granted the authority,under Section 2(b),
Article VIII,of the State Constitution,to exercise any power for municipal purposes,except when
expressly prohibited by law; and
WHEREAS, the Florida Legislature recently enacted Section 509.102, Florida Statutes,
which defines the term"mobile food dispensing vehicle"as any vehicle that is a public food service
establishment and that is self-propelled or otherwise moveable from place to place and includes
self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste
disposal;and
WHEREAS, the City recognizes that effective July I, 2020, Section 509.102, Florida
Statutes provides a limited state preemption regarding"mobile food dispensing vehicle" and, that
a municipality may not require a separate license, registration, or permit other than the license
required by the state, or require the payment of any license, registration, or permit fee other than
the lee required by the state, as a condition for the operation of a mobile food dispensing vehicle
within the municipality; and
WHEREAS, the City also recognizes that Section 509.102, Florida Statutes, provides that
a municipality may not prohibit mobile food dispensing vehicles from operating within the entirely
of a municipal jurisdiction; and
IWO 1121-253(kW) Page 1 of 11
WHEREAS, the City further finds that although Section 509.102, Florida Statutes does
preempt municipalities in certain areas,Section 509.102, Florida Statutes is intended to be a partial
preemption of municipal home rule authority because it expressly states that"this section may not
be construed to affect a municipality, county, or other local governmental entity's authority to
regulate the operation of mobile food dispensing vehicles other than the regulations described in
Section 509.102(2), Florida Statutes;and
WHEREAS, the City hereby finds that despite Section 509.102, Florida Statutes,
municipalities continue to enjoy significant home rule authority to regulate land use and zoning
and operational standards related to mobile food dispensing vehicles; and
WHEREAS, under regulated circumstances, mobile food dispensing vehicles provide a
valuable and convenient service to the community by providing food and beverage options at
special events and other appropriate venues;and
WHEREAS, the City wishes to support convenient food and beverage options at special
events and other appropriate venues and encourage and support local business and
entrepreneurship by adopting uniform regulations to allow the operation of mobile food dispensing
vehicles within the City consistent with the preemption provided in Section 509.102, Florida
Statutes; and
WHEREAS,the City finds that the use and operation of mobile food dispensing vehicles
on real property directly affects the use of land within the City,and therefore,such uses are subject
to the City's legitimate land use and zoning powers under the Florida Municipal 1-lome Rule
Powers Act, Community Planning Act and other applicable law. See also, Village of Euclid, Ohio
vv. Ambler Really Co., 272 U.S. 365 (1926) ("The concept of planning and zoning is a legitimate
exercise of the police power of municipalities.);and
WHEREAS, unless the operation of mobile food dispensing vehicles within the City is
limited to the industrial zoning district, or temporary special events, and subject to some level of
site plan review by the City to ensure that the real property on which they operate is suitable to
accommodate such use, the operation of such vehicles may negatively impact the use of real
property and surrounding properties and create public nuisances; and
WHEREAS, the City desires to avoid such negative impacts and public nuisances; and
WHEREAS, the City also finds that the use and operation of mobile food dispensing
vehicles should be governed by other traditional land use and zoning requirements as more
IWO#21-253(1LW) Page 2 of 11
specifically stated herein in order to avoid adverse negative effects which may be cause by the
operation of such vehicles on real property and safeguard the community; and
WHEREAS,the City further finds that for mobile food dispensing vehicles to successfully
operate their respective businesses for profit within the jurisdictional limits of the City, such
vendors must also rely upon and use City streets;and
WHEREAS, the City additionally finds and recognizes that Florida courts have long held
that municipalities have the historic ability to regulate commercial use of City streets and that the
use of public roads for profit is a privilege,not a right, and can be regulated and controlled by the
government in furtherance of the public health,safety and welfare.See Seaboard Air Line Ry. Co.
v. Wells, 100 Fla. 1027, 1034, 130 So. 587, 591 (Fla. 1930); Pennington v. Quigg, 94 Fla. 1056,
1065, 114 So. 859,862 (Fla. 1927) (The right to use city streets for conducting private business is
not an inherent right and can only be acquired by permission or license from the city); Jarrell v.
Orlando 'Thansi!Co., 123 Fla. 776, 778, 167 So. 664,665 (Fla. 1936) (There is then no such thing
as a natural right to use the public highways for commercial purposes. A city may grant a limited
right to use the streets for private business, but such is, "...a privilege that may be restricted or
withdrawn at the discretion of the granting power. The power to do so is plenary and may extend
to absolute prohibition"); and
WHEREAS, the City deems that it is necessary to regulate mobile food dispensing
vehicles operating upon streets within the City so such vendors operate in areas with sufficient
pedestrian traffic, and in a manner that avoids traffic conflicts and congestion, generally protects
public safety, and does not detract from the aesthetic beauty and attractiveness of the surrounding
streetscape and properties; and
WHEREAS, the Mayor and City Council of the City of North Miami, Florida, hereby
finds this Ordinance to be in the best interests of the public health, safety, and welfare of the
citizens of North Miami.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH MIAM1, FLORIDA,THAT:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of North
Miami.
Section 2. Mobile Food Dispensing Vehicles. The Mayor and City Council of the City of
IWO tt21-253(JLW) Page 3 of 11
North Miami, Florida, hereby amend Chapter 29 of the North Miami Code of Ordinances entitled
"Land Development Regulations", by amending Article 5,entitled"Development Standards", and
Article 7, entitled"Definitions" as follows:
CITY OF NORTH MIAMI CODE OF ORDINANCES
CHAPTER 29. LAND DEVELOPMENT REGULATIONS
* * * * * *
ARTICLE 5.—DEVELOPMENT STANDARDS
DIVISION 1. -ACCESSORY USES AND STRUCTURES
Sec. 5-101. -Accessory uses and structures; Permits required.
A. Except as explicitly provided herein, no use designated as an accessory use in this division shall
be established until after the person proposing such use has applied for and received all required
development permits which may include; a building permit, zoning improvement permit (ZIP),
certificate of use, and a certificate of occupancy all pursuant to the requirements of this division.
No permit shall be issued for an accessory building for any use unless the principal building and
established use exists on the property, or unless a permit is obtained simultaneously for both
buildings and construction progress concurrently.
13. Prohibited uses.Any accessory use not specifically listed as permitted,or listed as a related use,
and which the administrative official cannot categorize as similar to a permitted use or related use,
shall be considered expressly prohibited.
C. Applicability of principal use and building regulations. An accessory use and building or
structure shall be subject to the same regulations that apply to the principal use, building and
structure in each district, except as otherwise provided.
D. Location. All accessory uses, buildings and structures, except for approved off-site parking,
shall be located on the same lot as the principal or main use.
E. The following accessory use table shall be used to determine the required zoning district in
which a use may be established. Unless otherwise stated, setback and spacing regulations shall
adhere to the minimum requirements of this division. Additional standards shall be complied with
for the establishment of the accessory use.
IWO 421-253(1LW) Page 4 of 11
Zoning District/Accessory Use and 12-1 12-2 R-4 12-5 12-6 C-1 C-213E C-211W C-3 M-1 PU 120 11Z 1'1) AOD NRO
Structures
Management office,sales office P P P P P P P 1' P P P P P P P
Mobile food dispensing vehicles 1&2 ps
Mobile medical,professional unit P P P P P P P P P P P P P P P P
Multifamily recyclable material storage P I' P I' P hI'°°
areas
News kiosk------------ --- ---- P P P 1' I' l' P P
Off-street parking structures P P P P
Legend: P indicates permitted
P* indicates permitted through Admin. Site Plan approval
P** indicates permitted through the underlying zoning district
Blank indicates not permitted
Note: See additional standards, requirements, and criteria for specific accessory uses set forth in
this division and the master permitted uses list in section 4-202.
t Subject to the standards in section 5-I61 1.
2 This use may be accommodated in other zoning districts as a special event through the temporary
use permit process as provided in section 5-1903.
*****
DIVISION 16. -STANDARDS FOR SPECIFIC USES
***,'s*
Section. 5-1611.—Mobile food dispensing vehicles.
A. Purpose and intent. The purpose and intent of this section is to establish land use and zoning
regulations for real property upon which a mobile food-dispensing vehicle ("MFDV").e.g.,"food
truck" is authorized to operate within the jurisdictional limits of the city. Unless authorized by
this section.or allowed under a temporary use permit,MFDVs on other real property are prohibited
and unlawful. This section is intended to neither prohibit MFDVs from operating within the
entirety of the city, nor regulate the licensing. registration, permitting and fees of MFDVs,
preempted by the state under section 509.102. Florida Statutes.
B. Authorized locations. Subject to the terms and conditions set forth in this section, long-term
MFDVs shall be allowed to operate within the jurisdictional limits of the city as an accessory use
on property zoned M-I on the city's official zoning map. MFDVs. as part ofa special event, may
be accommodated in other districts through the temporary use permit as outlined in section 5-1903.
IWO ft21-253(1LW) Page 5 of 11
C. Land use conditions for MF VDs. With the exception of MFVDs operating as part of a special
event approved under a temporary use permit, the following shall apply to all MFDVs operating
within the city:
I. The property owner must obtain specific administrative site plan approval from the
community planning and development department.
2. As required for all businesses operating in the City, the properly owner shall assure that
each MFDV obtain, and maintain a business tax license front the city, and a certificate of
use, if determined necessary by the community planning and development department.
3. The subject property shall be developed with a legally operating permanent business.
MFDVs shall operate only during such business' normal hours of operation.
D. Operational standards.The following operational standards shall apply to all MFDVs operating
within the city. whether long-term or as part of a special event approved under a temporary use
permit:
I. Unless otherwise approved under a temporary use permit. no portion of the MFDV shall
extend onto an adjacent property or into any right-of-way.
2. The MFDV shall not interfere with vehicular and pedestrian movement or visibility, block
access to loading/service areas, emergency access and fire lanes, driveways, sidewalks, or
damage landscaped areas.
3. MFDVs must be located on a paved surface.
4. MFDVs that occupy any site parking space(s)shall only utilize those parking space(s)that
are not required for the host business location, or any business-required parking space on
the site. .
5. The food vendor shall provide receptacles,adjacent to the MFDV, for litter associated with
the sales activity, and shall remove all litter, debris and other waste attributable to the
vendor and/or customers on a daily basis.
6. The MFDV must not discharge waste, fat,oil,grease or such other similar substances from
the vehicle. All such substances related to or generated from the vehicle shall be taken
with the vehicle when the vehicle leaves the subject property.
7. No food shall be sold, prepared or displayed outside of the MFDV while in operation on
the subject site.
8. Adequate sanitary facilities must be provided to serve employees and patrons.
IWO 1121-253()LW) Page 6 of 11
9. Vendors shall not use any flashing, blinking, or strobe lights or similar effects to draw
attention to the MFDV.
10. Vendors shall not use loud music,amplification devices,bullhorns,crying out,or any other
audible methods to gain attention.
11. With the exception of one(l) A-frame sign located directly next to the MFDV's customer
service area, there shall be no signage used by vendors except for that is allowed on the
MFDV itself.
12. With the exception of dining furniture approved through the administrative site plan,
vendors are prohibited from locating, placing or putting personal property outside of the
MFDV, including but not limited, to fixtures, and equipment. All allowable dining
furniture shall be removed at the end of daily operations.
13. Vendors shall comply with all applicable city laws,regulations, and ordinances, including
those regulating noise,signage, and loitering.
14. With the exception of ancillary sales of branded items consistent with the food or vendor,
such as a cup or tee shirt that bears the name of the company, restaurant or organization
engaged in MFDV vending, the sale of products other than food and beverages under the
permit authorized in this section is prohibited.
15. Unless otherwise approved as part of a temporary use permit issued under article 5,division
19, no more than two(2) MFDVs are allowed to operate simultaneously per site.
16. No overnight parking of the MFDV allowed on-site.
17. A MFDV shall not be located on private property upon which there are unpaid liens or
open code violations.
18.MFDVs selling or dispensing of food to customers in a moving vehicle or otherwise
engaging in drive-up sales is prohibited.
D. Additional permits and licenses. A copy of the appropriate license(s) issued from the Florida
Department of Business & Professional Regulation (Division of Hotels and Restaurants) shall be
maintained on the MFDV at all times when the vehicles is in operation on real property located
within the city. and shall be made available for inspection upon request by the city's law or code
compliance officers.
E. Penalties and appeals.
IWO 821-253(kW) Page 7 of 11
I. Owners and operators of MFDVs, property owners on which such vehicles operate, and the
temporary use permittee, shall be jointly and severably liable for any violations of this
section. The code compliance department shall revoke the property owners' MFVD site
plan or the temporary use permit if any MFDV vendor ceases to meet any requirement of
this section; or, who violates any other federal, state or local law, ordinance or regulation;
or conducts activity in a manner that is adverse to the protection of the public health,safety,
and welfare.
2. If the MFDV site plan approval is denied or revoked, the property owner may appeal the
decision to the zoning appeals board pursuant to article 2, division 5, "Zoning Appeals
Board".
Y Y Y Y Y
DIVISION 19. -TEMPORARY USES
T:X w w T:
See. 5-1903. - Permit and Standards.
No temporary use shall be established on private or public property without obtaining a temporary
use permit from the city manager or designee, establishing compliance with the following
standards:
A. The temporary use will not create hazardous vehicular or pedestrian traffic conditions.
B.The design and installation of all practicable temporary traffic control devices including signage
to minimize traffic congestion.
C. Adequate sanitary facilities, utility, drainage, refuse management, emergency services
and access, and similar necessary facilities and services will be available to serve employees,
patrons or participants.
D. Where a tent or similar structure is to be used, such structure shall:
1. Comply with the requirements of the lire marshal.
2.Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor.
3. Demonstrate that the tent is flame resistant by providing a certificate of'flame resistance or
other assurance that the structure has been properly treated with flame retarder and has been
maintained as such.
E. Signage, pursuant to 5-1501, related to the temporary use, including signs attached to vehicles
associated with the use, shall not exceed twenty-four(24)square feet of sign face area and no more
than one (1) sign face per street frontage shall be permitted. During the period of a declared
disaster, additional allowances for banners and other removable signage may be considered.
IWO 421-253(kW) Page 8 of 11
F. Mobile food-dispensing vehicles(MFDVs),proposed as part of the temporary usepermit, may
be accommodated in all zoning districts, subject to the requirements herein, and the applicable
standards outlined in section 5-1611.
No temporary use shall be permitted which allows the sale of Christmas trees or fireworks.
K*YK*
ARTICLE 7.—DEFINITIONS
Sec. 7-101.- Definitions.
* * kK *
M
xxMxx
Mixed-use development means a development that encompasses three (3)or more uses.
Mobile fond dispensing vehicle, e.g., "food trucks", shall have the same meaning as that term is
defined in section 509.102(1), Florida Statutes, and upon the effective date of this section, means,
"... a vehicle that is a public food service establishment that is self-propelled or otherwise
moveable from place to place, and includes self-contained utilities, included, but not limited to,
gas, water,electricity,or liquid waste disposal."
Mobile home means a residential living unit,ten(10)feet or more in width, movable and equipped
with a chassis, designed to be transported to and affixed to a site in accordance with Florida
Statutes, where it is to be occupied as a dwelling, containing any of the following mechanical
systems and equipment: plumbing, heating,electrical,cooking and refrigeration.
Section 3. Repeal. All Ordinances and part of Ordinances inconsistent with the
provisions of this Ordinance are hereby repealed.
Section 4. Conflicts. All Ordinances or parts of ordinances in conflict herewith
the provisions of this Ordinance are repealed.
Section 5. Severability. The provisions of this Ordinance are declared to be
severable. If any section, paragraph, sentence, phrase, clause or word of this Ordinance shall,
for any reason, be held to be invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, phrases, clause or words of this Ordinance, but they shall remain in
IWO 421-253(JLW) Page 9 of 11
effect, it being the legislative intent that this Ordinance shall notwithstanding the invalidity
of any part.
Section 6. Scrivener's Errors. The City Attorney may correct scrivener's errors
found in this Ordinance by filing a corrected copy with the City Clerk.
Section 7. Codification. The provisions of' this Ordinance shall become and be
made a part of the Code of Ordinances of the City of North Miami, Florida. The sections of
this Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or any other appropriate word.
Section 8. Effective Date. This Ordinance shall become effective ten(10)days after
adoption on second reading.
PASSED AND ADOPTED by a 5-0 vote of the Mayor and City Council of the
City of North Miami,Florida, on first reading this 24th day of August , 202 I.
PASSED AND ADOPTED by a 5-0 vote of the Mayor and City Council of the
City of North Miami, Florida, on second reading this 28th day of September , 2021.
44
LN2ME
MAYOR
ATTEST:
VANESS SEPH, ESQ.
CITY CLERK
APPROVED AS TO FORM
AND LEG SU FICIENCY:
JE . H.CAZEAU, ESQ.
CITY ATTORNEY
SPONSORED BY: COUNCILMAN GALVIN
CO-SPONSORED BY: COUNCILWOMAN TIMOTHE
IWO 021-253(JLW) Page 10 0111
Moved by: Estime-Irvin
Seconded by: Timothc
Vote:
Mayor Philippe Bien-Aime X (Yes) (No)
Vice Mayor Scott Galvin X (Yes) (No)
Councilwoman Kassandra Timothc, MPA X (Yes) (No)
Councilwoman Mary Estime-Irvin X (Yes) (No)
Councilman Mix Desulme, Ed.D. x (Yes) (No)
IWO U21-253 OM) Page 11 of 11
ORDINANCE 2020-04
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, GENERALLY RELATED TO LAND USE AND
ZONING REQUIREMENTS; AUTHORIZING TIIE
OPERATION OF "MOBILE FOOD DISPENSING
VEHICLES" AS A TEMPORARY ACCESSORY USE IN
CERTAIN LIMITED ZONING DISTRICTS IN
FURTHERANCE OF SECTION 509.102(2), FLORIDA
STATUTES AND AT SPECIAL EVENTS AUTHORIZED BY
THE CITY; PROVIDING GENERAL STANDARDS FOR
OPERATING MOBILE FOOD DISPENSING VEHICLES;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature recently enacted Section 509.102, Florida Statutes,
which defines the term"mobile food dispensing vehicle"as any vehicle that is a public food service
establishment and that is self-propelled or otherwise moveable from place to place and includes
self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste
disposal; and
WHEREAS,the City Commission recognizes that effective July 1,2020,Section 509.102,
Florida Statutes provides a limited state preemption regarding "mobile food dispensing vehicle"
and that a municipality may not require a separate license, registration, or permit other than the
license required by the state,or require the payment of any license,registration,or permit fee other
than the fee required by the state, as a condition for the operation of a mobile food dispensing
vehicle within the municipality; and
WHEREAS,the City Commission also recognizes that Section 509.102, Florida Statutes,
provides that a municipality may not prohibit mobile food dispensing vehicles from operating
within the entirety of a municipal jurisdiction; and
WHEREAS, the City Commission further finds that although Section 509.102, Florida
Statutes does preempt municipalities in certain areas,Section 509.102,Florida Statutes is intended
to be a partial preemption of municipal home rule authority because it expressly states that "this
section may not be construed to affect a municipality,county,or other local governmental entity's
authority to regulate the operation of mobile food dispensing vehicles other than the regulations
described in Section 509.102(2), Florida Statutes; and
City of Winter Springs
Ordinance No.2020-04
Page 1 of 11
WHEREAS, the City Commission hereby finds that despite Section 509.102, Florida
Statutes,municipalities continue to enjoy significant home rule authority to regulate land use and
zoning and operational standards related to mobile food dispensing vehicles; and
WHEREAS, under regulated circumstances, mobile food dispensing vehicles provide a
valuable and convenient service to the community by providing food and beverage options at
special events and other appropriate venues; and
WHEREAS, the City Commission wishes to support convenient food and beverage
options at special events and other appropriate venues and encourage and support local business
and entrepreneurship by adopting uniform regulations to allow the operation of mobile food
dispensing vehicles within the City consistent with the preemption provided in Section 509.102,
Florida Statutes; and
WHEREAS, the City Commission finds that the use and operation of mobile food
dispensing vehicles on real property directly affects the use of land within the City,and therefore,
such uses are subject to the City's legitimate land use and zoning powers under the Florida
Municipal Home Rule Powers Act, Community Planning Act and other applicable law. See also,
Village of Euclid, Ohio v.Ambler Realty Co.,272 U.S. 365 (1926)(The concept of planning and
zoning is a legitimate exercise of the police power of municipalities.); and
WHEREAS, unless the operation of mobile food dispensing vehicles within the City is
limited to certain commercial and industrial zoning districts or temporary special events, and
subject to some level of site plan review by the City to ensure that the real property on which they
operate is suitable to accommodate such use,the operation of such vehicles may negatively impact
the use of real property and surrounding properties and create public nuisances; and
WHEREAS, the City Commission desires to avoid such negative impacts and public
nuisances;and
WHEREAS, the City Commission also finds that the use and operation of mobile food
dispensing vehicles should be governed by other traditional land use and zoning requirements as
more specifically stated herein in order to avoid adverse negative effects which may be cause by
the operation of such vehicles on real property and safeguard the community; and
WHEREAS, the City Commission further finds that for mobile food dispensing vehicles
to successfully operate their respective businesses for profit within the jurisdictional limits of the
City, such vendors must also rely upon and use City streets; and
WHEREAS, the City Commission additionally finds and recognizes that Florida courts
have long held that municipalities have the historic ability to regulate commercial use of City
streets and that the use of public roads for profit is a privilege, not a right, and can be regulated
and controlled by the government in furtherance of the public health, safety and welfare. See
City of Winter Springs
Ordinance No.2020-04
Page 2 of 11
Seaboard Air Line Ry. Co. v. Wells, 100 Fla. 1027, 1034, 130 So. 587,591 (Fla. 1930);Pennington
v. Quigg, 94 Fla. 1056, 1065, 114 So. 859, 862 (Fla. 1927) (The right to use city streets for
conducting private business is not an inherent right and can only be acquired by permission or
license from the city);Jarrell v. Orlando Transit Co., 123 Fla. 776, 778, 167 So. 664, 665 (Fla.
1936) (There is then no such thing as a natural right to use the public highways for commercial
purposes. A city may grant a limited right to use the streets for private business, but such is "a
privilege that may be restricted or withdrawn at the discretion of the granting power. The power
to do so is plenary and may extend to absolute prohibition");and
WHERAS, the City Commission deems that it is necessary to regulate mobile food
dispensing vehicles operating upon streets within the City so such vendors operate in areas with
sufficient pedestrian traffic and in a manner that avoids traffic conflicts and congestion and
otherwise generally protects public safety and does not detract from the aesthetic beauty and
attractiveness of the surrounding streetscape and properties;and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health,safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Commission of the City
of Winter Springs.
Section 2. Mobile Food Dispensing Vehicles. The City of Winter Springs Code of
Ordinances,Chapter 20,Zoning,Article VIII,Mobile Food Dispensing Vehicles and Other Mobile
Vendors is hereby created as set forth below (underlined type indicates additions and strikeout
type indicates deletions):
CHAPTER 20—ZONING
ARTICLE VIII.MOBILE FOOD DISPENSING VEHICLES
Sec.20-650. Mobile Food Dispensing Vehicles.
(a), Purpose and intent. The purpose and intent of this section is to establish land use
and zoning regulations for real property upon which a mobile food dispensing vehicle is authorized
to operate within the jurisdictional limits of the City. Mobile food dispensing vehicles, except for
those operating on real property authorized in this section, are prohibited and unlawful on other
real property not so authorized. This section is neither intended to prohibit mobile food dispensing
vehicles from operating within the entirety of the City nor regulate the licensing, registration,
permitting and fees of mobile food dispensing vehicles preempted by the state under section
City of Winter Springs
Ordinance No.2020-04
Page 3 of 11
509.102,Florida Statutes.
(b) Definitions. As used in this section,the following words and phrases shall have the
following meanings, unless the context clearly indicates that a difference meaning is intended:
Accessory shall mean clearly incidental or subordinate to and customary in
connection with the principal building or use on a developed site and which is
located on the same lot or parcel with such principal building or use.
City Manager shall mean the City Manager or designee thereof.
Developed site shall mean real property upon which a building and otherpermanent
improvements have been legally constructed and which is currently in compliance
with all land development regulations and the City Code.
Food shall mean all substances commonly used for human consumption as food,
beverage. confectionery or condiments,whether simple. mixed or compound, and
all substances or ingredients used in preparation thereof.
Mobile Food Dispensing Vehicle shall have the same meaning as that term is
defined in Section 509.102(1).Florida Statutes, and upon the effective date of this
Section means any vehicle that is a public food service establishment and that is
self-propelled or otherwise moveable from place to place and includes self-
contained utilities, including, but not limited to, gas, water, electricity. or liquid
waste disposal.
Public road shall mean any public right-of-way for cars and trucks in the city.
Special event shall mean any organized,temporary public or private celebration or
gathering of people which requires a City special event permit including by way of
example events relating to athletic contests, carnivals, fairs, cook-offs,
entertainment, dancing, music concert, dramatic productions, art exhibitions,
parades, fundraisers (such as religious, charitable. patriotic or philanthropic
events), or the sale of merchandise, food or alcohol, or any combination of the
foregoing.
Lel Authorized Locations. Subject to the terms and conditions set forth in subsection
(d►,mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of
the City in the following authorized areas:
(1) As a temporary accessory use on property which is designated I-1, C-3 or
C-2 on the City's official zoning map.
(2) Within a clearly delineated area on City property or a public road which has
City of Winter Springs
Ordinance No.2020-04
Page 4 of 11
been specifically and temporarily set aside for a mobile food dispensing
vehicle to operate during a special event which is open to the general public,
provided the event has been lawfully permitted by the City and any mobile
food dispensing vehicle has been contractually arranged by the event
organizer to be part of the event.
(3), Within a clearly delineated area on public or private school property which
has been specifically and temporarily set aside for a mobile food dispensing
vehicle to operate during a school sponsored event held entirely on school
property which is open to the faculty and student body,provided the event
has been lawfully permitted by the City and any mobile food dispensing
vehicle has been contractually arranged by the school to be part of the event.
Within a clearly delineated area on private property which has been
specifically and temporarily set aside for a mobile food dispensing vehicle
to operate during a special event held entirely on private property which is
private or open to the general public, provided the event has been lawfully
permitted by the City and any mobile food dispensing vehicle has been
contractually arranged by the event organizer to be part of the event.
However, a mobile food dispensing vehicle shall not be allowed to operate
on any existing single or multi-family residential use property unless the
area being used is common area of a residential project with at least filly
(50) dwelling units. Additionally, a special event allowed on private
property under this subsection shall be limited to no more than one event
per calendar quarter.
Conditions oJ Land Use and Operational Standards. The following land use and
operational standards shall apply to all mobile food dispensing vehicles operating within the City:
(1) When the mobile food dispensing vehicle will be operating on private
property, a notarized affidavit signed by the property owner indicating that
the vehicle has permission to operate and vend on the property.The affidavit
must also indicate that the property owner acknowledges the following
requirements:
• a. The property owner shall comply with all ordinances regarding solid
waste disposal and must provide the vehicle access to solid waste collection
on the subject property
b. The property owner shall require that the vehicle meet all applicable
federal, state and local statutes, regulations, laws, ordinances, rules and
codes including, but not limited to, applicable land use and zoning
requirements re gag_rding the subject property including, site plan
requirements:
c. The property owner shall acknowledge that the property owner
City of Winter Springs
Ordinance No.2020-04
Page 5 of 11
understands the regulations governing mobile food dispensing vehicles and
will be held responsible, along with the vehicle owner, for any code
violations; and
d. The property owner shall ensure that the property will be continuously
maintained in a neat, clean, and orderly manner, and that the mobile food
dispensing vehicle shall be limited to operating as a temporary accessory
use on the subject property.
(2) The subject property must be a developed site. The subject property must
not be vacant or unimproved.
(3) No more than one(1) mobile food dispensing vehicle shall be parked or in
operation on a single property at any given time_except multiple mobile
food dispensing vehicles may be allowed with express written permission
of the City during an authorized special event.
(4) A mobile food dispensing vehicle may operate at a single location up to a
maximum of four(4)days per week but no more than three(3)consecutive
days or if operation is allowed as part of a special event permit, said
vehicles may operate in accordance with the duration of the special event
permit.
(5) Except with the express written permission of the City during an authorized
special event,hours of operation shall be limited between 7a.m.and 10p.m.
The person in charge of the mobile food dispensing vehicle when in
operation on the developed site must be present at all times during hours of
operation.
(6) When the mobile food dispensing vehicle will be operating on private
property, the vehicle must be parked when in operation within an area on
the property specifically authorized for accessory temporary outdoor sales
on the property owner's master site plan previously approved by the City
Commission. If the property owner does not have specific site plan
approval for accessory temporary outdoor sales on the master site plan. the
property owner shall be required to obtain supplemental site plan approval
by the City Manager before the mobile food dispensing vehicle may operate
as an accessory use on the subject property. For purposes of obtaining
supplemental site plan approval,the property owner shall submit a site plan
or detailed sketch depicting the proposed location of temporary mobile food
dispensing vehicle operations:all parking spaces,entrances and exits to and
from the site: and distances from any buildings or structures, sidewalks,
rights-of-way,fire hydrants,fire lanes and landscaped areas,and such other
information or documentation deemed by the City Manager to be
reasonably necessary to authorize outdoor accessory temporary sales on the
City of Winter Springs
Ordinance No.2020-04
Page 6 of 11
subject property in a manner that is compatible with the existing uses on the
subject property and the surrounding area and protects the public health,
safety and welfare of the citizens of the City. The mobile food dispensing
vehicle temporary sales area must be on a paved surface and not exceed an
area of 600 square feet unless the City Manager determines more area is
required and the subject property clearly has ample space to support a larger
sales area. The approved area must not adversely affect existing uses on the
subject property or the flow of pedestrian and vehicular traffic on the
developed site. There must be an adequate number of parking spaces
available for the general public visiting the developed site. Supplemental
site plan approval granted by the City Manager under this subsection is
subject to being suspended or revoked pursuant to subsection(e)or at such
time the master site plan is revoked or modified by the City Commission.
11) Outdoor dining areas are prohibited including, but not limited to, tables,
chairs, booths, bar stools, benches, and standup counters, except if dining
areas are allowed with express written permission of the City during an
authorized special event.
Lai Mobile food dispensing vehicles selling or dispensing of food to customers
in a moving vehicle or otherwise engaging in drive-up sales is prohibited.
(9) A mobile food dispensing vehicle shall not be located on private property
upon which uncorrected code violations exist,or which is under citation for
code violations.
(10) Mobile food dispensing vehicles and all materials associated with such
vehicles must physically be moved at least daily and cannot remain on the
subject property outside the approved hours of operation unless otherwise
allowed by the City for special events. Overnight parking of mobile food
dispensing vehicles is prohibited unless located within an enclosed garage
or on property zoned for an authorized open storage use and said storage
complies with the requirements set forth in section 20-256 of the City Code.
(1 1) Mobile food dispensing vehicles shall not sell alcohol unless specifically
approved as part of a special event or other permit approved by the City.
The alcohol-related restrictions of Chapter 3 of the City Code are applicable
unless otherwise authorized by the City Code or expressl waived by the
City.
(12) The operation of a mobile food dispensing vehicles must not obstruct or
interfere with vehicular or pedestrian traffic, building access, fire lanes,
crosswalks, driveways, fire hydrants, loading areas, storrnwater drainage
systems,or landscape buffers associated with the principal use.
City of Winter Springs
Ordinance No.2020-04
Page 7 of 11
(13) Mobile food dispensing vehicles must not enter or park upon playgrounds,
playing fields and courts, sidewalks,footpaths or bicycle paths.
(14) Mobile food dispensing vehicles must not enter or park upon any "no
parking" area, loading zone driveway handicapped parking space, or
designated public safety lane(e.g., fire lanes) or within twenty (20) feet of
a crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage
structure.
(15) No additional signage shall be permitted on the developed site related to the
mobile food dispensing vehicle except as to signage permanently affixed
and displayed on the vehicle.
(16) Amplified music or other sounds from any mobile food dispensing vehicle
or from audio equipment installed on the developed site by the property
owner or person in charge of the vehicle for purposes of vending,attracting
or encouraging the congregation of customers shall be prohibited.
17 Mobile food dispensing vehicles shall maintain an appropriate number and
( )
size of operable fire extinguishers.
(18) The operation of a mobile food dispensing vehicles shall not create or cause
nuisance conditions to include, but not be limited to, displaying flags or
unauthorized signage,loud noises,visual glare. flashing or animated lights,
shouting or amplified music or sound excessive fumes or smoke,
environmental hazards,and any vehicular or pedestrian hazard.
(19) The grounds around the mobile food dispensing vehicle and within the
vending space shall be kept free of litter,trash, paper and waste at all tunes.
Waste containers shall be provided and all trash shall be taken with the
vehicle when the vendor leaves or with the permission of the property
owner, placed inside a commercial dumpster in use and located on the
developed site.
(20) Mobile food dispensing vehicles must not discharge waste, fat, oil, grease
or such other similar substances from the vehicle. All such substances
related to or generated from the vehicle shall be taken with the vehicle when
vehicle leaves the subject property.
(21) Mobile food dispensing vehicles must comply, as applicable, with the
standards specified by Chapter 5K-4.002,Florida Administrative Code,and
the-U.S.Food and Drug Administrative 2001 Food Code,as such codes may
be amended from time to time. It is also prohibited and unlawful for a
City of Winter Springs
Ordinance No.2020-04
Page 8 of 11
mobile food dispensing vehicle to fail to comply with all state and City
traffic and parking,and stopping and standing laws,codes,ordinances,rules
and regulations.
(22) A copy of the appropriate license(s)issued from the Florida Department of
Business & Professional Regulation (Division of Hotels and Restaurants)
shall be maintained on the mobile food dispensing vehicle at all times when
the vehicle is in operation on real property located within the City,and shall
be made available for inspection upon request by the City's law or code
enforcement officers.
(e) Penalties.
al Owners and operators of mobile food dispensing vehicles, and property
owners on which such vehicles operate, shall be joint and severally liable
for any violations of this section. The penalty provisions set forth in section
1-15 of the City Code shall apply to violations of this section.
(2) In addition to the penalties authorized by subsection(11,the City Manager
may also suspend or revoke the property owner's site plan approval for
accessory temporary outdoor sales and/or special event permit, as may be
applicable, upon a finding that a mobile food dispensing vehicle was
operating on the subject property in violation of this section. Prior to
suspending or revoking the applicable site plan approval and/or special
event permit,the City Manager shall:
Afford the property owner notice of the violationis) and a
reasonable, informal opportunity to be heard regarding the
violation(s);
fin Consider the property owner's past record of compliance with this
section and related laws; and
(iii) Consider the degree of risk to public health, safety, and welfare
arising from the alleged violation(s)in evidence.
al The City Manager's decision under subsection (2) shall be rendered in
writing and shall be deemed final.
4i Any site plan approval or special event permit suspended or revoked
pursuant to this subsection shall immediately be void and of no further use
and effect to any person. If revoked,the property owner shall be prohibited
from seeking subsequent site plan approval for accessory temporary
outdoor sales or a special event permit for the subject property for a period
City of Winter Springs
Ordinance No.2020-04
Page 9 of 11
of one(I) year from the date of the revocation.
al The operation of a mobile food dispensing vehicle without a valid site plan
approval for accessory temporary outdoor sales or special event permit
(including if operated durinu,a period of license suspensions or revocation)
shall subject the owner of the property and the owner of the vehicle and
operator thereof to code enforcement action, civil action. or action as
otherwise allowed by state law or the City Code.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph,number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence,clause,phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section b. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs,Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, this )(.)"1
day of_ &,,)yc-1 , 2020.
C A , ,S LA ;Y, , +,
ATTEST: tZ..;,�,..•: ''• }: •.
CHRISTIAN COWAN,Interim City Clerk 4:('"g� f3 �,
i • C..)••;
City of Winter Springs
Ordinance No.2020-04
Page 10 of 11
APPROyl iD S TO LEGAL FORM AND SUFFICIENCY
FOR TOE C-1- y OF WINTER SPRINGS ONLY.
--- ---------
ANTHONY A.GARGANESE
City Attorney
First Reading_ liui\L S'1' t_ :)-( J )
Second Reading: IT
Effective Date: ___1_11 )-'1_12:j. 1.0-f•il -:,(1).p...,
City of Winter Springs
Ordinance No.2020-04
Page 11 of 11
CITY OF WINTER SPRINGS NOTICE OF CRY
COMMISSION PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSES TO CONSIDER:
ORDINANCE NO,2020-04
AN ORDINANCE OF THE
CITY OF WINTER SPRINGS,
FLORIDA, GENERALLY
RELATED TO LAND USE AND
ZONING REQUIREMENTS;
AUTHORIZING THE OPERATION
OF "MOBILE FOOD DISPENSING
VEHICLES" AS A TEMPORARY
ACCESSORY USE IN CERTAIN
LIMITED ZONING DISTRICTS
IN FURTHERANCE OF
SECTION 509.102(2), FLORIDA
STATUTES AND AT SPECIAL
EVENTS AUTHORIZED BY THE
CITY; PROVIDING GENERAL
STANDARDS FOR OPERATING
MOBILE FOOD DISPENSING
VEHICLES; PROVIDING FOR
THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES
AND RESOLUTIONS;
INCORPORATION INTO THE
CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
PUBLIC HEARING
FOR SECOND READING
WILL BE HELD ON
MONDAY,AUGUST 10.2020 AT 6:30
P.M. OR SOON THEREAFTER IN
THE COMMISSION CHAMBERS
LOCATED AT THE WINTER
SPRINGS CITY HALL, 1126 EAST
STATE ROAD 434, WINTER
SPRINGS, FLORIDA. THE
CITY COMMISSION RESERVES
THE RIGHT TO POSTPONE
OR CONTINUE THE PUBLIC
HEARING ON THIS ORDINANCE
AT THIS MEETING WITHOUT
FURTHER NOTICE.
The proposed ordinance may be
Inspected by interested parties
between 8 a.m.and S p.m.,Monday
through Friday,at the City's Clerk's
Office. located at 1126 East Stale
Road 434, Winter Springs, Florida.
For more Information call (4D7)
327.1800, Extension 253. Interested
Parties may appear of the meeting
and be heard with respect to the
proposed ordinance. Persons with
disabilities needing assistance
to participate In any of these
proceedings should contact the
Employee Relations Department
Coordinator. 48 hours In advance
of the meeting al (407) 327-1800,
Extension 236. This Is a Public
hearing. If you decide to OPPcal
any recommendation/ decision
made by the City Commission with
respect to any matter considered
at this meeting, you will need a
record al the proceedings, and for
such purposes, you moy need to
ensure Ihat a verbatim record of the
proceedings Is made upon which the
appeal is based. Interested ponies
are advised Ihot they may appear
at the meeting and be heard with
respect to the proposed ordinance.
OS6774517 7/2MIOM
ORDINANCE NO. 03-2022
AN ORDINANCE OF THE CITY OF DELTONA,
FLORIDA, AMENDING CHAPTER 22 - BUSINESSES,
ARTICLE VI - STREET VENDORS, SECTION 22-186-
DEFINITIONS BY ADDING A NEW DEFINITION FOR
MOBILE FOOD DISPENSING VEHICLE AND ADDING A
NEW SECTION 22-191 REGULATING THE OPERATION
OF MOBILE FOOD DISPENSING VEHICLES WITHIN
CITY LIMITS; DELETING SECTION 2-190 AS TO FOOD
SALES AT HOUSES OF WORSHIP SAME WILL BE
PROVIDED FOR UNDER SPECIAL EVENTS AND NEW
SECTION 22-191; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Governor of the State of Florida signed into law the
Occupational Freedom and Opportunity Act (SB474/HB 1171) ("Act"), which
became effective on July 1, 2020; and
WHEREAS,the Act created Florida Statutes Section 509.102—mobile food
dispensing vehicle ("MFDV") preemption in which a municipality, county or
other local governmental entity may not require a separate license, registration,
permit or fee from MFDVs and may not prohibit MFDVs from operating within
the entirety of the jurisdiction; and
WHEREAS,the City only allows mobile food dispensing vehicles (MFDV)
licensed by the Department of Business & Professional Regulation (DBPR),
which include mobile hot dog carts and food trucks to operate on established,
occupied commercially zoned and developed properties, established/occupied
church/house of worship property meeting the requirements of Section 22-191,
but excluding vacant property, or commercial zoned properties primarily used for
residential; and (See Sec. 22-187) •
City of Deltona
Ordinance No. 03-2022
Page 2 of 10
WHEREAS, Mobile Food Dispensing Vehicles can provide opportunities
for entrepreneurs and small businesses to startup and operate at relatively low
cost. They may add interest, vibrancy, and activity to the city. However, without
proper regulation they can have potentially negative effects by posing a threat to
brick-and-mortar restaurants, blocking of public right-of-ways, creating traffic,
negatively impacting the function and flow of parking facilities, posing a fire and
life safety risk, etc.; and
WHEREAS the Planning & Zoning Board held a public hearing on
December 15, 2021, to provide recommendations regarding the regulation of
MFDVs to the City Commission for approval; and
WHEREAS the City Commission finds it is in the best interest of the health,
safety, and welfare of the pubic to adopt standards for the location and operation of
MFDVs within the City to address and mitigate the potential negative effects as
recited above; and
WHEREAS,the City of Deltona finds and determines that these amendments
to the City's Code are consistent with all applicable policies including the Land
Development Code and the City's adopted Comprehensive Plan and not in conflict
with the public interest.
NOW THEREFORE, BE IT ENCTED BY THE CITY COMMISSION
OF THE CITY OF DELTONA, FLORIDA:
SECTION 1. The foregoing whereas clauses are incorporated herein as
legislative findings by this reference and made a part hereof for all intents and
purposes.
SECTION 2. Underlining denotes additions and strike t rourrh denote
deletions.
City of Deltona
Ordinance No. 03-2022
Page 3 of 10
SECTION 3. Chapter 22 - Businesses, Article VI — Street Vendors, Section
22-186 — Definitions is hereby amended by adding a new definition for "Mobile
Food Dispensing Vehicles" and inserted in alphabetical order as follows:
Mobile Food Dispensing Vehicles. Is a vehicle that is a public food service
establishment and is self-propelled or otherwise moveable from place to place
and includes self-contained utilities, including, but not limited to gas, water,
electricity, or liquid waste disposal, sometimes referred to as a food truck or
trailer or food cart, and otherwise regulated by the Department of Business and
Professional Regulation (DBPR) requiring a mobile food vendor license subject
to F.S. Section 509.102 and in compliance with Section 22-191 of the City Code.
Mobile Food Dispensing Vehicles are stationary for periods greater than 10
minutes while foodstuffs are prepared, served and/or sold. A Mobile Food
Dispensing Vehicle does not include roving vehicles, like an ice cream truck,that
periodically travel through residential neighborhoods selling pre-prepared or
prepackaged food items, or a street peddler of unprepared foodstuffs, makeshift,
standalone restaurants or buffets such as a food tent, or a mobile vendor selling
anything other than food/foodstuffs.
SECTION 3. Section 22-191 —Supplementary regulations, is added as a new
section to Chapter 22 — Businesses, Article VI— Street Vendors, to regulate mobile
food dispensing vehicles within the City limits as follows:
A. Section 22-191. - Mobile Food Dispensing Vehicles. This section applies
to vendors operating Mobile Food Dispensing Vehicles as defined in
Florida Statute and herein can operate in compliance with the following
requirements:
1. Provide a copy of the following documents to the Planning &
Development Services Department:
City of Deltona
Ordinance No. 03-2022
Page 4 of 10
a. The Department of Business and Professional Regulation
kDBPR) mobile food dispensing vehicle license.
b. A completed fire safety inspection report performed by a fire
department within Volusia County. A fire inspection shall be
conducted every six months.
c. A notarized authorization of owner permitting the operations of
a food truck on an eligible private property. The authorization
shall include a phone number contact for the property owner and
an acknowledgment the owner shall he responsible for any
infractions associated with the food truck operator/owner
including a fine of no less than $200.00 per infraction/day.
d. Licenses associated with alcohol sales if applicable.
2. A site plan at least a scale of 1" = 100' depicting the location of the
mobile food dispensing vehicle and associated seating (if any) in
relation to all on-site improvements including buildings, drive
aisles, parking places, pedestrian facilities, etc. The site plan shall
depict all property boundaries, parking on site, driveway cuts,
buildings and improvements and related dimensions as applicable.
The basis for the site plan can be a scaled aerial photo downloaded
from the internet.
3. Location standards.
a. Mobile food dispensing vehicles may operate on a property
developed with an existing, active commercial use in the C-1, C-
2, or C-3 zoning districts. In addition,unless explicitly prohibited
by an associated Development Agreement, mobile food
dispensing vehicles may operate on property developed with
existing and active uses zoned IPUD or BPUD. Vacant,
undeveloped lots/parcels or non-active commercial use areas are
not eligible for MFDV operation.
City of Deltona
Ordinance No. 03-2022
Page 5 of 10
b. Commercially zoned properties used principally for residential
are not eligible.
c. Actively used and developed house of worship properties,
regardless of zoning classification, may be used for mobile food
dispensing vehicles consistent with the requirements set forth in
this section unless there are specific conditions prohibiting or
regulating mobile food dispensing activities under an approved
Conditional Use.
d. Mobile food dispensing vehicles must be placed on a paved
surface only.
e. Mobile food dispensing vehicles shall not be located within any
public right-of-way or otherwise obstruct any drive aisle,
driveway throat, or cross access area associated with any parking
facility or obstruct any sight triangle or otherwise be situated in
an unsafe manner.
f. Mobile food dispensing vehicles may not be located at eligible
facilities where parking is not adequate to serve the business
facility as per the Land Development Code.
g. Mobile food dispensing vehicles may not occupy,
obstruct/impede access to any handicapped parking stalls.
h. Mobile food dispensing vehicles may set up ancillary tents,
chairs or tables subject to the following:
Seating and tables must be located on a paved surface;
Seating and tables must be located outside of drive aisles and cannot
obstruct any loading area, cross access, driveway throat, etc.;
Seating and tables must be limited to 342 square feet or two parking
spaces per Mobile Food Dispensing Vehicle. However, all seating
and table areas must be clearly demarcated and otherwise physically
City of Deltona
Ordinance No. 03-2022
Page 6 of 10
cordoned off from drive aisles and/or parking stalls. Demarcation
includes the use of clearly visible tape or rope to allow motorist
and/or patrons to distinguish the seating area from a parking stall or
drive aisle;
Any canopy must be secured in a way that will not allow the canopy
to blown down by the wind;
All tables, seating and canopies can only be set up during the
operation of the MFDV and must be removed at the end of every
business cycle; and
Tables, seating and canopies shall not obstruct fire lanes and adhere
to all fire clear zones/widths as applicable.
i. Mobile food dispensing vehicles and related operations shall be
consistent with Florida Fire Prevention Code to include, but not
limited to, the following:
i. Mobile food dispensing vehicles shall be not less than 10
feet from all buildings;
ii. Mobile food dispensing vehicles shall be not less than 10
feet from all other vehicles.
iii. Mobile Food dispensing vehicles shall be not less than 10
feet from combustible materials;
iv. Access to fire lanes and/or fire prevention devices shall be
maintained;
v. L/P gas and generator storage and use shall be consistent
with the Florida Fire Prevention Code.
vi. The location and/or operation of a mobile food dispensing
vehicles inconsistent with any of the above provisions
shall be enforced as per City Code.
City of Deltona
Ordinance No. 03-2022
Page 7 of 10
j. Mobile Food Dispensing Vehicles shall be equipped with at least
one trash receptacle per MFDV and at least one trash receptacle
per ancillary seating area. Each trash can shall be no less than 32
gallons. Trash cans must be emptied and removed from the site
when the MFDV is not on the site. In addition, trash can(s) shall
be secure and stabile so as not to be toppled during a wind or
other event. Venders shall be responsible for all trash generated
from the use.
k. No Mobile Food Dispensing Vehicle shall discharge or cause to
discharge any water,grease or other liquid waste on site of which
they do business or within any stormwater system or within any
public utility infrastructure.
4. Mobile Food Dispensing Vehicles shall not be associated with any
hazardous or unsafe condition and shall not produce excess noise,
vibration, electronic interference, excess heat or glare, electronic
interference, etc. Noise levels from any generator must not exceed
manufacture specifications.
5. Duration: Hours of operation are limited to 7:00 am to 10:00 pm.
6. The number of mobile food dispensing vehicles allowed on a site
will be controlled by the separation terms of this ordinance and by
the number of parking spaces available to support the existing
developed use on the property. Parking calculations will be based
on parking standards outlined as per Sec. 110-828 of the City Land
Development Code. In addition, consistent with Sec. 110-828, uses
with non overlapping hours of operation may be a factor with regard
to the allowance of the number of mobile food dispensing vehicles.
For example, a house of worship parking facility that may not be in
use during non-worship times may be eligible for a greater number
of mobile food dispensing vehicles based on the parking being not
actively used.
City of Deltona
Ordinance No. 03-2022
Page 8 of 10
7. Notwithstanding subsections 5 and 6 above, businesses with 100 or
more full time equivalent (FTE) employees per eight (8) hour shift,
at a single, developed commercial or industrially used/zoned parcel.,
may have multiple food dispensing vehicles. However, all other
provisions of this section apply including but not limited to site plan
submittal.
8. Advertising will be limited to identifying copy depicted on a single
vehicle or trailer engaged in the mobile vending activity. No signs.,
banners, flags, sandwich boards, or similar will be allowed in any
City right-of-way or on private property - including all prohibited
signs under Article 1, Chapter 102, Section 102-10. In no cases shall
people hold signs, merchandise or attempt to advertise for a mobile
food dispensing vehicle within the public right of way. In addition,
no other attention getting devices such as lighting beyond normal
illumination, music, noise or scintillating lights or material shall be
used in conjunction with any mobile food dispensing vehicle.
B. Exemptions
1. Mobile Food Dispensing Vehicles operating under an approved special
event permit shall operate under the terms of the special event permit
including date, hours of operation, location, and compliance with all
codes as applicable.
C. Enforcement
1. City Code Compliance shall be responsible for the enforcement of the
provisions within Section 22-191. Mobile food dispensing vehicles
operating in non-compliance of any of the provisions of this section will
have the option to immediately cease all operations and leave the
location. If there is refusal leave the site, a citation in the amount of no
less than$200.00 per infraction/per day will be issued to the landowner
and the City will bring forward a code compliance case against the
City of Deltona
Ordinance No. 03-2022
Page 9 of 10
underlying landowner with the intent of collecting the fine in
accordance with City Code Compliance enforcement procedure.
SECTION 5. Section 22-190 -Food sales on house of worship property. This
section is deleted.
SECTION 6. That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 7. That this Ordinance shall take effect immediately upon its
final adoption by the City Commission of Deltona, Florida.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF DELTONA,FLORIDA,THIS DAY OF
2021.
FIRST READING:
ADVERTISED:
SECOND READING:
BY:
Heidi K. Herzberg, MAYOR
ATTEST:
Joyce Raftery, CMC, MMC, CITY CLERK
Approved as to form and legality for use
and reliance of the City of Deltona, Florida
City of Deltona
Ordinance No. 03-2022
Page 10 of 10
CITY ATTORNEY
ORDINANCE 21-37
AN ORDINANCE OF THE CITY OF WINTER GARDEN,
FLORIDA, AMENDING ARTICLE II OF CHAPTER 22 OF
THE WINTER GARDEN CITY CODE RELATING TO
PEDDLERS,SOLICITORS AND ININERANT VENDORS'TO
BE CONSISTENT WITH THE RECENTLY ADOPTED
STATE PREEMPTION OF LICENSING OF MOBILE FOOD
DISPENSING VEHICLES AND TO CHANGE THE
REGULATIONS FOR SUCH TYPE OF BUSINESSES;
AMENDING SECTION 74-38, CITY CODE TO PROHIBIT
MOBILE FOOD DISPENSING VEHICLES FROM
CONDUCTING BUSINESS WITHIN PUBLIC RIGHTS-OF-
WAY; PROVIDING FOR CONFLICTS, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE+CTIVE DATE.
WHEREAS, pursuant to Section 509.102, Florida Statutes, the licensing of mobile food
dispensing vehicles is preempted to the state and are regulated as public food service
establishments; and
WHEREAS, the City desires to amend Article II of Chapter 22 to make the City's
regulation,of mobile food dispensing vehicles consistent with Section 509.102, Florida Statutes
and to amend Section 74-38, City Code to clarify that mobile food dispensing vehicles are not
allowed to conduct business within public rights-of-way.
NOW THEREFORE,BE IT ENACTED BY THE CITY OF WINTER GARDEN,FLORIDA:
SECTION I: ADOPTION. Article II of Chapter 22 of the City of Winter Garden Code is hereby
amended as set forth below (underlined language are additions; stricken-thetigh language are
deletions;provisions not included are not being amended):
CHAPTER 22- BUSINESSES
ARTICLE II. -PEDDLERS,SOLICITORS, ITINERANT VENDORS
Sec. 22-26.-Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section,except where the context clearly indicates a different meaning:
Agent means a person engaged in a house-to-house canvass for the purpose of demonstrating or
taking orders for any goods,wares or merchandise or taking orders from samples where goods are to be
delivered later in the same manner, not in interstate commerce.
Chief of police shall mean the Chief of the Winter Garden Police Department or his/her designee.
City manager shall mean the City Manager of Winter Garden or his/her designee.
Event sponsor shall mean the person or entity that sponsors an open air event and has the legal
authority to enter into contractual arrangements regarding such.
Goods, wares or merchandise, in addition to those items encompassed by the ordinary meaning of
such terms, such term also may encompass and include photographs, food, beverages, and coupons or
tickets good in whole or in part for a photograph or other merchandise.
Mobile food dispensing vehicle means any vehicle that is a licensed public food service establishment
and that is self-propelled or otherwise movable from place to place and includes self-contained utilities,
including, but not li united to gas water electricity or li uid waste disposal or as may be from time to time
defined in section 509.102, Florida Statutes.
Mobile food vendor means an open air vendor who sells prepared food or beveragesr or-an-upon air
vender-who-is-othemise-operatfng•except such does not Include a mobile food dispensing vehicle as
described in section 509.102, Florida Statutes Rule 61C 1.002(5)(a}2.;1.A-G:All mobile food vendors
shall be subject to the same requirements as open air vendors unless otherwise noted. Mobile food
vending operations shall be further classified as either itinerant or stationary in the following manner:
(a) lntinerant operations shall mean and refer to the conduct of business operations at one or more
locations or properties throughout the day provided that the mobile food vendor does not remain
or linger at any particular property or location for longer than 30 minutes.
(b) Stationary operations shall mean and refer to the conduct of mobile business operations at or on
a single location or property for longer than 30 minutes.
Open air vendor means any person who offers, for sale or lease, goods,wares or merchandise from
a stand, trailer,vehicle,tent, table or other area that is not completely enclosed by a permanent structure,
on real property owned, controlled, or leased by another person or entity.The following types of
businesses shall not be considered open air vendors for the purposes of this article:
(a) A person or entity whose business is principally located within a permanent structure and lawfully
operates and controls an outdoor dining or sales area as part of its primary business, which
outdoor dining or sales area islocated adjacent to such permanent structure. .
(b) A person or entity who, upon the request and consent of the business entity in possession and
control of real property, lawfully delivers and conveys ownership of pre-ordered goods,wares and
merchandise via'a motor vehicle to the requesting business entity, its agents, or employees.
(c) Licensed caterers, restaurants, or permanent nonseating restaurants as defined in Rule 61C-
1.002(5)(a)1. and 3., F.A.C., who prepare food or drink prior to delivering such to a contracted
service location for consumption.
(d) A person or entity operating under a valid permit issued pursuant to the requirements of article
VII, chapter 62 of the City Code.
(e) A person or entity operating at a city approved event when such person or entity has been hired
or otherwise authorized by the city commission or city manager to operate at such event.
(f) Children under the age of 16 engaged in de minimis outdoor sales activities in residential
neighborhoods,provided that such children are conducting such activities of their own accord and
not at the behest of any other person or entity.
(g) A state licensed mobile food dispensing vehicle.
Open alr event means an outdoor or partially outdoor festival,carnival,celebration, or other special
event of a temporary nature,which includes or will otherwise be serviced by open air vendors.
Peddler means a person who brings goods,wares or merchandise from outside the city , or where
the goods,wares, or merchandise Is manufactured in the city for sale at retail and is in this state at the
time that all negotiations prior to and at the sale thereof are had, and the goods,wares or merchandise is
not sold in original packages in interstate commerce but at retail, in small quantities, by means of house-
to-house, or place-to-place canvass. Goods ordered or in transit that were so ordered without reference
to particular sales shall be deemed to be in the state.
Ordinance 21-37
Page 2
Seasonal vendor means any open air vendor,whose goods,wares or merchandise held for sale are
seasonally themed or related to seasonal celebrations and occurrences, including but not limited to
Christmas, Valentine's Day, Halloween, Thanksgiving, New Years, or the Fourth of July.Such goods,
wares, or merchandise may include but shall not be limited to fireworks,Christmas trees and wreaths,
flowers, roses,costumes,and other holiday-themed decor. .
Solicitor means any agent or peddler who is otherwise permitted to do business in the city,whether
or not such agent or peddler is engaged in interstate commerce; and shall include all servicemen or
repairmen who engage in any activity as an agent or peddler, as defined in this section.
(Ord.No.09-25, §2, 9-21-09)
Sec.22-27.-Prohibitions.
It is unlawful for any individual solicitor, agent or peddler to:
(1) Enter the premises of a private residence, gated community or business establishment for the
purpose of selling or soliciting orders for goods, wares or merchandise, personal services or
information when a sign stating "no solicitors"is posted.
(2) Remain upon any premises after the owner or occupant requests the solicitor to depart.
(3) Conduct business before 9:00 a.m. and after 9:00 p.m. and on Sundays at any time.
(4) Approach back or rear doors or the sides or rear of residential premises.
(Ord. No. 09-25, § 2, 9-21-09)
Sec.22-28.-Open air vendor permit.
(a) An open air vendor must pay applicable local business taxes as required In section 66-104.
Furthermore, it shall be unlawful for any open air vendor to operate without a valid open air vendor
permit granted by the city manager, and any such infraction shall be punished as set forth In chapter
2,article Il of this Code. Permits for open air vendors may only be granted for business operations on
commercially zoned properties or properties specifically zoned for open air vending operations.
(b) To apply for an open air vendor permit, a vendor must submit a completed application to the city
manager or his/her designee accompanied by the applicable permit processing fee and provide the
city manager with the following information:
(1) The vendor's contact information, including the address and telephone number at which the
vendor may be reached;
(2) The location(s) at which the vendor will be offering his/her goods, wares, or merchandise for
sale;
(3) The name of the owner(s) of each real property upon which the vendor will offer his/her goods,
wares or merchandise for sate;
(4) Proof of each real property owner's or lessee's permission for the vendor to use the property for
the purpose of selling or leasing such vendor's goods,wares,or merchandise;
(5) A description of the goods, wares or merchandise the vendor will be offering for sale or lease;
• (6) The number of days and the daily hours the vendor will be selling or leasing his/her goods,wares
or merchandise at each location listed;
(7) If the applicant has previously held an open air vendor permit that was revoked, the facts and
circumstances surrounding such revocation and any reasons or changes in circumstances as to
why such permit should be reissued;
Ordinance 21-37
Page 3
(8) If the applicant intends to conduct stationary mobile food vending operations,a description of the
access the vendor and its customers will have to onsite restroom and sanitation facilities;
(9) If the applicant intends to conduct itinerant mobile food vending operations, a description of the
applicant's proposed routes, areas of operation, and method of service; and
(10) Any other appropriate information as requested by the city manager.
(c) The city manager shall evaluate a completed application for an open air vendor permit and determine
whether such applicant should be granted a permit based on whether the applicant has demonstrated
compliance with the following criteria:
(1) The vendor has the consent of the real property owner(s)or lessee(s)to conduct his/her business
on the properties identified in the permit;
(2) The vendor's sales operations are unlikely to cause traffic or parking hazards;
(3) The vendor's proposed hours of business are reasonable when evaluated in light of all other city
ordinances and applicable zoning criteria;
(4) The operation of the vendor's proposed business does not detract aesthetically from the
surrounding area and is otherwise consistent with the character of the surrounding area and
applicable law;
(5) The operation of the vendor's proposed business meets the requirements of this article and all
other applicable code provisions;
(6) If the applicant has previously held an open air vendor permit that was revoked,the city manager
or his/her designee must determine whether the applicant has presented sufficient reason and
evidence of changed facts and circumstances that warrant reissuance of a permit;
(7) If the applicant intends to conduct stationary mobile food vending operations, the city manager
or his/her designee must determine that the applicant will have suitable access to onsite restroom
and sanitation facilities; and
(8) If the applicant intends to conduct itinerant mobile food vending operations, the city manager or
his/her designee must determine that the applicant's proposed routes, areas of operation, and
method of service are compatible with the character of the proposed areas of operation and
applicable law.
(d) Mobile food vendors. Mobile food vendors shall be subject to the same application and permitting
requirements as all open air vendors, but, in addition to such requirements,shall be further subject to
the following regulations:
(1) Regardless of whether a mobile food vendor holds a valid open air vendor permit,no mobile food
vendor shall simultaneously conduct business operations within 1,000 feet of another open air
vendor. This restriction shall not apply to a mobile food vendor operating pursuant to an open air
event permit or to a mobile food vendor engaged in bona fide itinerant mobile food vending
operations pursuant to the conditions of such vendor's permit.
(2) Mobile food vendors may operate only in the following areas:
I. Areas Private property with a C-2 arterial commercial zoning designation and having frontage
on State Road 50;
Properties-located-along-the-frontage-of-DillardStreet-betweon the-Intersections--of Story
Road-and-torida-State-Road-5O
ilk Itinerant mobile food vendors may service active construction areas in residential
developments If properly permitted for such activity.
(3) The zoning restrictions specified in subsection(2)shall not apply to a mobile food vendor if such
vendor is:
Ordinance 21-37
Page 4
I. Operating pursuant to the terms of a valid open air event permit, authorized by a city-
sponsored event, events approved by city staff, or a city approved special event allowing
such operations;
ii. Operating in an area governed by a duly enacted planned unit development or other similar
development where mobile food vending operations are expressly authorized.
(e) Seasonal vendors. Seasonal vendors shall be subject to the same application and permitting
requirements as all open air vendors, but, In addition to such requirements, shall be further subject to
the following regulations:
(1) Seasonal vendors shall be required to acquire a seasonal vending permit,which permit shall be
obtained in the same manner as an open air vendor permit.
(2) A seasonal vendor permit,once granted,shall be valid for only 30 days from the date appearing
on the face of the permit. A seasonal vendor may apply for a specified start date for such permit
if the vendor submits his or her application sufficiently in advance of such date. Otherwise, the
date of issuance shall be the date appearing on the face of the permit.
(3) A seasonal vendor may only receive a maximum of three seasonal vending permits within a 12-
month period.
(4) No more than three seasonal vending permits may be issued for a single parcel of land within a
12-month period.
(5) Seasonal vendors may operate only in areas with the following zoning designations:
I. C-2 arterial commercial;
II. I-1 light industrial and warehousing district;
iii. 1-2 general industrial district.
(6) The zoning restrictions specified in subsection (5) shall not apply to a seasonal vendor if such
vendor is:
i. Operating pursuant to the terms of a valid open air event permit;
ii. Operating in an area governed by a duly enacted planned unit development or other similar
development where seasonal vending operations are expressly authorized.
(f) Attire, In addition to being grounds for revocation of an open air vendor permit,failure to comply with
the following rules during open air vending operations shall be punishable as a class Ili penalty
pursuant to section 2-92 of the Winter Garden Code:
(1) No open air vendor or any employee, contractee, or agent thereof, shall expose to public view
his or her genitals, pubic area,vulva, anus, anal cleft or cleavage, or buttocks or any simulation
thereof.
(2) No female open air vendor or any female employee,contractee,or agent thereof shall expose to
public view any portion of her breasts below the top of the areola or any simulation thereof.
(3) No male open air vendor or any male employee, contractee, or agent thereof shall expose to
public view his covered male genitals In a discernably turgid state.
(4) Attire which is insufficient to comply with these requirements includes those items and
applications commonly known as body paint, pasties, G-strings, T-backs, dental floss, and
thongs.
(g) An open air vendor permit shall be effective for a period of six months following Its date of issuance,
after which time, such permit shall expire. Such permit shall be valid only as to those locations and
conditions listed In the vendor's permit application,and it shall be unlawful for the vendor to operate in
contravention thereof.
Ordinance 21-37
Page 5
(h) Permit conditions. The city may impose reasonable restrictions and conditions on the granting of open
air vendor permits, including but not limited to restrictions and conditions pertaining to the hours and
days of operation, display of goods and merchandise, and positioning of the vendor's sales area. In
the absence of any more specific restrictions contained in the permit,the following shall apply:
(1) No open air vendor shall open or otherwise commence vending operations prior to 9:00 a.m.,
and each open air vendor shall close and conclude vending operations prior to 9:00 p.m.
(2) When not open for business, open air vendors shalt secure and enclose all portable displays or
signs, goods,wares,or merchandise in a location out of the sight of passers-by.
(i) Enforcement.
(1) Suspension or revocation: The approval of a permit under this section is conditional and grant
thereof permissive at all times. Such permit may be suspended or revoked upon the occurrence
of any of the following events in which the permittee or business owner has: •
(i) Provided false information or fraudulently misrepresented information in the permit
application;
(ii) Violated this Code, any local, state, federal law or any regulations of the county health
department or other applicable regulatory agency;
(iii) Failed to comply with the requirements of this section, the terms under which the permit is
issued, or an order of the code enforcement board relating to the use of the public way;
(iv) Operated under the permit in such a manner as to create a public nuisance, constitute any
hazard to the public health, safety or welfare, or destroy or otherwise damage public
property;
(v) Failed to post conspicuously the permit at all times at the location where the activity is
permitted; or
(vi) Had any necessary business or health permit suspended, revoked or cancelled.
(2) Notice to permit holder: If the city has knowledge that an open air vendor has engaged or is
engaged in conduct warranting the suspension or revocation of his/her open air vendor permit,
the city shall serve the permittee by certified mail or hand delivery at his/her business address as
disclosed in the application for the permit or at the permitted premises a written statement of
violation or a civil citation which affords reasonable notice of facts or conduct warranting the
intended action.The statement of violation or civil citation shall state the action required to remedy
the violation, if any. An adequate opportunity to request a hearing or appeal of the decision by
the planning and zoning board shall be afforded to the permittee.A first time violation may result
in a fine of up to$250.00 per day.A second violation within 12 months may result in an additional
fine as well as the revocation of the vendor's open air permit.
(3) Emergency suspension or revocation: If the city manager or his/her designee determines, in
writing, that a permittee's operation of his/her open air vendor business poses an immediate and
substantial risk to the health, safety, and welfare of the public, the city manager (or his/her
designee) shall issue an emergency suspension or revocation of such vendor's open air vendor
permit. In the case of such emergency suspension or revocation, the permittee shall immediately
be advised of the city's actions and afforded a prompt post-suspension or revocation hearing in
accordance with the procedures set forth in this Code. From the time such vendor is notified of
the emergency suspension or revocation of his/her permit and continuing until a final decision is
made as to whether such permit shall be reinstated,the vendor's continued operation of an open
air vending business shall be deemed a violation of section 22-28(a)and shall be punishable as
set forth in chapter 2, article li of this Code.
(4) Appeals:Any permittee whose open air vendor permit is suspended or revoked, or any applicant
whose application for an open air vendor permit is denied pursuant to this section shall receive a
statement, in writing, outlining the reasons for such suspension, revocation, or denial of the
permit. An applicant may appeal such suspension, revocation or denial of the permit to the city
Ordinance 21-37
Page 6
commission by filing a written request for appeal with the city clerk, accompanied by the
administrative appellate fee as periodically determined by the clerk's office, within ten days after
the date of the written suspension, revocation or denial. Appeals from decisions of the city
manager's office, including decisions of revocation or suspension, made pursuant to this article
shall be addressed by the city commission. When timely filed, an appeal shall be heard at the
next regularly scheduled city commission meeting, which meeting is scheduled at least 14 days
after the filing of such appeal. Appeals from the decisions of the city commission shall be as
provided in section 98-32 of this Code.
(j) Mobile food dispensing vehicle. Pursuant to section 509.102, Florida Statutes,mobile food dispensing
vehicles are not subject to the same application and permitting requirements as open air vendors.
However, mobile food dispensing vehicles are subject to and must comply with the following
regulations:
(1) Mobile food dispensing vehicles may only conduct business on privately owned property having
an I-1 or 1-2 industrial zoning designation. Mobile food dispensing vehicles may not conduct
business upon any property zoned with any residential or commercial zoning designation. A
mobile food dispensing vehicle conducting business must be separated by a distance of at least
250 feet from another mobile food dispensing vehicle conducting business.
(2) The zoning restrictions specified in subsection (1) shall not apply to a mobile food dispensing
vehicles if:
i. Operating pursuant to the terms of a valid open air event permit, an authorized by a city-
sponsored event,or a city approved special event allowing such operations: or
ii. Operating in an area governed by a duly enacted planned unit development or other similar
development where mobile food dispensing vehicles operations are expressly authorized.
(3) Mobile food dispensing vehicles must have and maintain a valid state license as a public food
establishment and shall at all times operate and conduct business in compliance with state law
and regulations.
(4) Mobile food dispensing vehicles must have a local business tax receipt from the city.
(5) Mobile food dispensing vehicle may not conduct business on any city owned or controlled
• property or public right-of-way, unless expressly authorized in writing by the city.
(6) Mobile food dispensing vehicles may not operate on any private property without the prior written
consent of the property owner.
SECTION II: ADOPTION. Section 74-38 in Chapter 74,Article II of the City of Winter Garden
Code is hereby amended as set forth below (underlined language are additions; st-rieken-theugh
language are deletions;provisions not included are not being amended):
Chapter 74—Traffic and vehicles.
Art. II - STOPPING, STANDING, PARKING
Sec. 74-38. -Certain purposes prohibited.
No person shall stand or park a vehicle upon a public or private street, unpaved portion of public right-of-
way, public parking lot or any other public property for the purpose of:
(1)And intent of displaying such vehicle thereon for sale, hire or rental.
Ordinance 21-37
Page 7
(2) Painting, greasing or repairing such vehicle, except repairs necessitated by an emergency.
(3)Washing or polishing such vehicle or any part thereof.
•
(4) Displaying advertising.
(5)Selling merchandise from the motor vehicle, except in a duly established marketplace or when so .
authorized or licensed under the laws of the city.
j6)Conducting business from a mobile food dispensing vehicle.except as duly authorized for a city
sponsored or approved special event.
•
SECTION III. CONFLICTS. If any ordinances or parts of ordinances are in conflict herewith,
this Ordinance shall control to the extent of the conflict. .
SECTION IV. SEVERABILITY. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
SECTION V. CODIFICATION. That Section I and Section II of this Ordinance shall be codified
and made a part of the City of Winter Garden Code of Ordinances; that the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention; the word"Ordinance"
may be changed to "Section", "Article'; or other appropriate word. The City Clerk is given liberal
authority to correct typographical errors and to renumber the sections and subsections.
Grammatical, typographical and similar like errors may be corrected, and additions, alterations,
and omissions not affecting the construction or meaning of this Ordinance or the City Charter may
be freely made.
SECTION VI.EFFECTIVE DATE. This Ordinance shall become effective upon adoption by the
City Commission at its second reading.
FIRST READING: ° 1'Otea1/00J 1 2021
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SECOND READING: ,2021
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Ordinance 21-37
Page 8
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Ordinance 21-37
Page 9
ORDINANCE NO. 1010
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
ROYAL PALM BEACH, FLORIDA, AMENDING CHAPTER 16. BUSINESS
TAX AND REGISTRATION; OTHER BUSINESS REGULATIONS. OF THE
CODE OF ORDINANCES OF THE VILLAGE OF ROYAL PALM BEACH,TO
ADD AN ENTIRELY NEW ARTICLE IV. MOBILE FOOD VENDORS. IN
ORDER TO IMPOSE REQUIREMENTS ON SUCH VENDORS IN
ACCORDANCE WITH CHAPTER 509, FLORIDA STATUTES; FURTHER
PROVIDING THAT SECTIONS 16-65 THROUGH 16-70 SHALL BE
RESERVED FOR FUTURE VILLAGE PURPOSES;PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 16.
BUSINESS TAX AND REGISTRATION;OTHER BUSINESS REGULATIONS.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Royal Palm Beach, Florida (the "Village") is a duly constituted
municipality having such power and authority conferred upon it by the Florida Constitution and
Chapter 166,Florida Statutes; and
WHEREAS, mobile food vendors have existed in various forms over several centuries,
distinguished as much by their physical characteristics, as their operational requirements; and
WHEREAS, the Florida Legislature recently passed Senate Bill 1193 — Deregulation of
Professions and Occupations, which was signed into law by the Governor on June 30, 2020, which
became effective on July 1,2020,and which amends Section 509.102,Florida Statutes, as it relates to
mobile food dispensing vehicles; and
WHEREAS,pursuant to Section 509.102,Florida Statutes,the Village cannot require"mobile
food dispensing vehicles" to obtain a separate license, registration, or permit, or pay related fees for
such licenses,registrations, or permits beyond those established by the State Department of Business
and Professional Regulation ("DBPR") as a condition for the mobile food dispensing vehicle's
operation within the Village; and
WEREAS, pursuant to Section 509.102, Florida Statutes, the Village further cannot prohibit
mobile food dispensing vehicles from operating within the entirety of the Village's jurisdiction; and
WHEREAS, Section 509.102, Florida Statutes, does not prohibit the Village from enforcing
its other regulations against mobile food dispensing vehicles,including, but not limited to, its zoning
regulations, except as stated above; and
- t -
WHEREAS, the Village Council desires to recognize this specialized mobile food vendor
market segment;classify the types ofpermitted mobile food trucks;and establish appropriate standards
allowing for the typical range of activities while mitigating any associated, detrimental impacts to the
community at large; and
WHEREAS, the Village of Royal Palm Beach has held all required public hearings and has
provided public notice in accordance with applicable State statutes and Village ordinances; and
WHEREAS,the Village Council of the Village of Royal Palm Beach has determined that the
proposed revisions to Chapter 16. are in the best interests of the general welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF ROYAL PALM BEACH,FLORIDA,THAT:
Section 1: Chapter 16. Business Tax and Registration;Other Business Regulations. of
the Code of Ordinances of the Village of Royal Palm Beach is hereby amended to add an entirely
new Article IV. Mobile Food Vendors. in order to impose requirements on such vendors in
accordance with Chapter 509,Florida Statutes; further providing that sections 16-65 through 16-
70 shall be reserved for future Village purposes; providing that new Article IV. Mobile Food
Vendors. shall hereafter read as follows:
ARTICLE IV.—MOBILE FOOD VENDORS.
•
Sec. 16-61. -Definitions.
As used in this article, the following terms shall be defined as follows:
Mobile food truck shall mean any vehicle that is self-propelled or otherwise movable from
place to place, and is used to vend food and beverage products. Mobile food trucks shall be
classified as one of the following:
Glass I—Mobile kitchens._In addition to the vending of products allowed for class IT
and class III mobile food trucks, these vehicles may cook,prepare and assemble food items on
or in the unit, and serve a full menu. Customers may be notified of the vehicle's location by
social media or other forms of advertising. These vehicles may be classified as "mobile food
dispensing vehicles," as defined by section 509,102, F,S., if they include self-contained
utilities,including,but not limited to, gas,water, electricity,or liquid waste disposal.
Class II—Canteen trucks, These vehicles vend fruits,vegetables,hot dogs,pre-cooked
foods,_pre-packaged foods and pre-packaged drinks No preparation or assembly of foods or
beverages may take place on or in the vehicle However, the heating of pre-cooked foods is
allowed. A cooking apparatus or grill top for the heating of pre-cooked foods is permitted so
lone as it complies with state regulations These vehicles are limited to urovidine cater
services to employees at a specific location. These vehicles may be classified as "mobile food
-2-
dis ep nsin vehicles' as defined, dy section 509.102, F.S.. if they_include self-contained
utilities, including,but not limited to_gas water, electricity or li•uid waste disposal.
Class III—Ice cream trucks. These vehicles vend only pre-packaged fiozen dairy or
frozen water-based food products,soft serve or hand-dipped frozen dairy or frozen water-based
food )roducts and pre-packaged beverages. These vehicles may be classified as "mobile food
ddiis_pensing vehicles," as defined by section 509,12, F.S., if they include self-contained
utilities, including, but not limited to, gas,water,electricity,or liquid waste disposi,
Mobile service base shall mean a place for food storage, the cleaning of the equipment, the
filling of water tanks and properdisposal of waste water and g ei ase, and shall not include the ttse
of a private home as a mobile service base. •
Pro ert o1wswner shall mean the owner of real property on which the mobile food truck o errates.
Vehicle shall mean a motorized vehicle,including a.trailer or other portable unit attached to a
motorized vehicle,that is intended for use in vending.
Vend shall mean to sell or offer to sell products from a mobile food truck.
Village-issued special-event permit shall mean a permit issued by the village for special events
per the requirements of chapter 16 of village code.
Sec. 16-62.—Requirements applicable to all mobile food trucks.
The following requirements shall apply to all mobile food truck operations within the village:
(a) Food truck special event requirements. Gatherings of two (2) or more class I, class II,
and/or class III mobile food trucks on a property at a y given time shall be classified as a
food truck special event. In order for such events to occur, the property owner shall he
required to obtain a_special event permit from the village prior to the event taking place
Applications for special event permits shall be made by the proper owner to the village
in accordance with the requirements of chapter 16 of village code.
(b)_ Health and safety regulations; display of state license. A mobile food truck shall comply
with all federal, state, and local health and safety regulat'o at d requirement , and shall
obtain and maintain any and all licenses required by any other health organization or
governmental organization having_jurisdiction over the same. The license under which the
mobile food truck is operati g shall be firmly attached and visible on the mobile food truck
at all times,and shall be produced to a law enforcement officer,or village code enforcement
officer upon demand.
(c) Business tax receipt requirements. A mobile food truck shall comply with all state and
local business tax requirements A copy of such business tax receipt shall be maintained in
the mobile food truck at all times, and shall be produced to a law enforcement officer, or
illage code enforcement officer upon demand,
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(ci) Written consent of vro er owner. A mobile food truck shall not o eta tale on any_ rim
property without the written consent of the_property owner. A copy of such written
permission shall be maintained in the mobile food truck at all times and shall be ,roduced
to a law enforcement officer, or village code enforcement officer upon demand.
(e) Stock-its-trade,• outsides stot•age• and patron seating. All materials,equipment, and s c-
in-trade, including, but not limited to, tables, chairs, or other furniture for patron seating,
shall be stored entirely within the mobile food truck, unless the property owner has
obtained a special-event permit from the village.
Food vending. Food vending shall only be conducted from the mobile food truck, unless
the property owner has obtained a special-event permit from the village.
(g) Alcohol sales. A mobile food stuck shall not sell alcoholic beverages. unless the 1perty
owner has obtained a special-event permit from the village,.
(h) Conducting business near existing food service establishments. A mobile food truck shall
not be located within 200 feet of a y existing food service establishment during such
establishment's hours of operation without the prior written permission from the food
service establishment.A copy of suchwritten permission shall be maintained in tare mobile
food truck at all times, and shall be produced to a law enforcement officer,or village code
enforcement officer upon demand.
0) Conducting business near villa e-sponsored or village-sanctioned special event,A mobile
food truck shall not be located within 200 feet of any village-sponsored or village-
sanctioned special event,unless the mobile food truck is permitted by the village to operate
at such event.
(j) Conducting business in public right-of-wc y. A mobile food truck, except for ice cream
trucks,shall not conduct business or o erate in the public right-of--way,unless the ad-jacent
property owner has obtained a special-event permit from the village. Where mobile food
trucks are authorized to operate,such trucks may stop,stand or par in de i Hated _arking
areas on the property.
(k) Conducting business near street intersections or pedestrian crosswalks, A mobile food
truck shall not be located within fifteen (15) feet of any street intersection or pedestrian
crosswalk,unless the property owner has obtained a special-eveptper-mit from the village.
(1) Interference with vehicular and pedestrian trgc. A mobile food truck shall not impede
the flow of vehicular traffic, sidewalks, the ingress or egress of other businesses, building
entrances, or emergency exits, unless the property owner has obtained a special-event
permit from the village.
(m) Limit dons on number of perating days.A mobile food truck shall not operate on a given
uronerty more than two (2) consecutive days Her calendar month. and further shall not
operate on a given property more than ten (10) days in total per calendar year,unless the
property owner has obtained a special-event permit from the village.
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rn kin_ paces. A t s i e nobile food trucks are authorized
to operate, such food truck shall stop, stand or park only in designated parking_spaces on
said proper . A mobile food true shall not occupy more than,ten (10) percent of the
designated parking spaces on a given property if there are thirty 30_parkingipaces or less
timimy_d_f_ther_e_areauore_than_tkixati id r e ter
mobile food truck shall not occupy more than five (5) percent of the designated al b;
paces on-said p petty. A uroueity owner may apply for a s eci I event vermit witl �e •
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village to deviate from these requirements.
(ol Hours of operation.A mobile food thick shall operate on between the hours of 7:00 a.m.
to 9:00 p.m., unless the property owner has obtained a special-event permit from the
village.
(pl Stora e ofrr2Qbile food trucks Mobile food trucks,when not in active operation,may only
be parked/stored in a location where onsite storage of vehicles is a permitted use and shall
be parked/stored to the rear of the onsite building(s) in areas not visible from a. y public
rights-of:way,
(ql Noise limitations. Except for class III ice cream trucks,a mobile food truck shall not make
so unds,announcements, or amplify music to call attention to its vending or products either
Mile traveling on public or private rights-of way, or when stationary. All mobile food
trucks, includi g, but not limited to., class III ice cream truck ,. shall comely with the
village's noise ordinance contained in section 26 101 of village code. A uperty owner
may apply for a special-event permit with the village to deviax to from these reauirements.
(r1 Restr•oom facili Mobile food trucks o ep rating on_a property for a duration of more tin
three U hours shall have a written agreement with the rho ep_rty owner that confirms the
food truck employees have access to a flushable restroom within 400 feet of the vending •
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location during the hours of operan. A copy of such written permission shall be •
maintained in the mobile food truck at all times,and shall be produced to a law enforcement •
officer,or village code enfarcement officer upon demand.
(s) Waste disposal. Mobile food truck shall provide a waste receptacle for public use. The
area shall be kept neat and orderly at all times and garbage or trash shall be removed prior
to departure of the mobile food truck each day. Class I mobile food trucks further shall •
have a current written agreement, with a state or local licensed facility, for the proper
disposal of grease. A copy of such written agreement shall be maintained in the mobile
food truck at all times,and shall be produced to a law enforcement officer, or village code
enforcement officer upon demand_
(t) Sig-nage. No more than two (2) A-frame signs shall be permitted during approved special
events so long as all requirements of section 20-75 of village code are r et.During all other
times, menu boards shall be affixed to the mobile food truck. When in operation, section
20-41(11) of the village code shall not apply to mobile food trucks.
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Sec. 16-63.—Vending locations by zoning district.
A. mobile food truck shall be permitted to operate only on the ro erties desi: ated below
unless the property owner has obtained a special-event permit from the village allowing for a
deviation f om these requirements.
Class I—Mobile food trucks,
(l) Residential zoning districts.
a. Individual single-family lots only if there is a written contractual agreement
between a mobile food truck and the property owner for catering services.
A copy of such written agreement shall be maintained in the mobile food
truck at all times during the event, and shall be produced to a law
enforcement officer,or village code enforcement officer upon demand.The
term"catering services"shall not include the vending of products from the
mobile food truck itself during a catered event,and does not include events
that are open to the public.
b. Properties owned by homeowners associations or property owners
associations.
c. RentAapartment complexes,
(2) Nonresidential zoning districts and mixed-use districts. Class I mobile food trucks
shall be permitted on any nonresidential or mixed-use property where retail sales •
and restaurants are a permitted use under the applicable zoning regulations.
13) Public ownership districts. The vending of products from a class I mobile food
truck on uronerties zoned as public ownership shall be allowed only on desi ate
grassed parking areas, unless the property owner has obtained a special-event
permit from the village,
(b) Class II— Canteen trucks. Class II canteen trucks are prohibited in all zoning districts
except to provide catering to employees on-site at locations within clearly delineated
boundaries of the site. Boundaries shall be delineated through the use of fencing or other
materials enclosing a construction site,where there is a currently valid construction permit.
(c) Class III—Ice cream trucks.
(1) Residential zoning districts.
a. Individual single-family lots only if there is a written contractual agreement
between a mobile food truck and the property owner for catering services.
A copy of such written agreement shall be maintained in the mobile food
truck at all times during the event, and shall be produced to a law
enforcement officer,or village code enforcement officer upon demand.The
term"catering services" shall not include the vending of products from the
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mobile food truck itself during a catered event, and does not include events
that are open to the public.
d. Properties owned by homeowners associations or__property owners
associations,
e. Rental apartment comp xes•
(2) Nonresidential zoning districts and mixed-use districts. Class III ice cream trucks
shall be permitted on any nonresidential or mixed-use property where retail sales
and restaurants are a permitted use under the applicable zoni g regulations.
(3) Public ownership districts.The vendi g of products from a class III ice cream truck
on properties zoned as public ownership shall be allowed only on designated
grassed parking areas, unless the pro er owner has obtained a specia -event
. permit from the village.
C4_1_ Rig its-of-way.A class III ice cream truck shall notstop,stand orpark for more than
ten(10)minutes,unless there are customers waiting in line to buy products.
Sec. 16-64.—Penalties for violations,
It shall be unlawful for any person to violate anv of the provisions of this section. This section
m. be enforced by any means allowed by law, including,but not limited to, code enforcement
citation under F.S. ch. 162, and chapter 2 of village code, or legal action. If the citation method
is used to punish violators, the violation shall be treated as a civil infraction, and fines shall be
set forth in the schedule of fees and charges adopted by resolution of the village council and such
fines may then be revised from time to time by resolution of the village council; however. any
fine amount set forth in such resolution of the village council shall not to exceed five hundred
dollars ($500.00)per offense.Each day a violation occurs shall constitute a separate offense and
shall be punishable hereunder as a separate offense.
Secs. 16-61 -16-70. -Reserved.
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Section 2: Each and every other Section and Sub-section of Chapter 16. Business Tax
and Registration; Other Business Regulations. shall remain in full force and effect as previously
enacted.
Section 3: All Ordinances or parts of Ordinances in conflict be and the same are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
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Section 6: This Ordinance shall take effect immediately upon passage.
FIRST READING this 21 st day of January,2021.
SECOND AND FINAL READING this 18th day of February, 2021.
VILLAGE OF ROYAL PALM BEACH
MAYOR FRED PINTO
ATTEST: (Seal)
DIANE DISANTO,VILLAGE CLERK
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