4545 Mobile Food Vendors/TrucksOrdinance No. 2020-4545
An Ordinance of the City of Sanford, Florida relating to mobile food
vendors; amending Article V, of Chapter 22, of the Code of
Ordinances of the City of Sanford; providing for legislative findings
and intent; providing for a savings provision; providing for
codification and scrivener's errors; providing for severability;
providing for conflicts and an effective date.
Be it Enacted by the People of the City Of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the
City staff report and City Commission agenda memorandum relating to the matters as
set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. City Boards; Training. Article V, of Chapter 22, of the Code of
Ordinances of the City of Sanford, Florida is amended to read as follows:
ARTICLE V. - MOBILE FOOD VENDORS
Sec. 22-161. - Short title.
This Article may be known and cited as the "City of Sanford Mobile Food
Vendors Ordinance".
Sec. 22-162. - Purpose/prohibition of other mobile vendors.
(a) The purpose of this Article is to establish licensing procedures and
governing regulations for mobile food vending businesses operating within the
City.
(b) It is also the purpose of this Article, by limiting the number of approved
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mobile vendors to mobile food vendors who meet certain requirements that
protected the public in an array of manners, to reduce the proliferation of mobile
vendors within the City, to reduce traffic by providing more local and transient
food establishments accessible to the public and the workforce without necessity
of travel by means of a motor vehicle while providing for an ambience of a vibrant
downtown with pedestrian mobility and activity. It is also the purpose of this
Article to address the provision of food items to the public during the course of
various special events which occur from time -to -time within the City of Sanford.
(c) All mobile vendors except for those mobile food vendors provided for in this
Article are prohibited and unlawful unless otherwise specifically permitted in the
City Code.
Sec. 22-163. - Definitions.
For the purpose of this Article, the following terms shall apply:
Developed site. A parcel of real property on which permanent improvements
have been legally constructed and is currently the land development regulations.
Such site may not be one upon which uncorrected code violations exist or which
is under citation for code violations or is subiect to a proceeding before the City's
special magistrate.
Food. All substance used for human consumption as food, drink, confectionery or
condiments, whether simple, mixed or compound, and all substances or
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike +i:h-oughs shall constitute deletions to current text of the
City Code.
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ingredients used in preparation thereof.
Mobile food unit. A vehicle mounted food service establishment, which is self-
propelled, or otherwise designed to be movable from place -to -place including,
but not limited to, carts, mobile kitchens, hot dog carts, mobile trailers and lunch
trucks. Mobile food units must comply with the standards specified by Chapter
5K-4:892, Florida Administrative Code, and the 2017 Food Code, published by
the U.S. Public Health Service, Food and Drug Administration of the U.S.
Department of Health and Human Services
2001 dCede as such codes may be amended from time -to -time.
Mobile food vendor. The owner or operator of a food service establishment from
a mobile food unit. Persons selling fresh fruits, fresh vegetables from trucks,
trailers or similar conveyances shall not be considered mobile food vendors. The
term also may also apply to a food service establishment that operates at a fixed
location for a period of time in conjunction with a single special event for which
an appropriate permit or permits have been issued including, but not limited to,
special events such as fairs, shows, circuses, exhibitions, municipal celebrations,
festivals and other similar events within a specifically defined area of the City for
a specified period of time.
Public ways. All areas legally open to public use and used for or intended for use
for vehicular or pedestrian traffic said term including public streets, alleys,
Underlined words shall constitute additions to the current text of the City Code, *** shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike tiffeughs shall constitute deletions to current text of the
City Code.
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sidewalks and roadways, but excluding any public property of the City, county,
state or federal governments.
Public property. All property, real and personal, belonging to the City, county,
state or federal governments, but excluding that property which is used for or
intended for use for vehicular or pedestrian traffic and defined herein as a public
way.
Sec. 22-164. - Requirement for a license.
(a) It is prohibited and unlawful for a person to engage in the sale of food as a
mobile food vendor without first obtaining a license as a mobile food vendor from
the City.
(b) A license fee in the amount of $100.00 for each mobile food unit to be
operated by a mobile food vendor shall be paid prior to the issuance of a license.
The fee may be modified from time -to -time by resolution adopted by the City
Commission.
Sec. 22-165. - License applications.
(a) Applications for mobile food vendor licenses shall be made on forms
furnished by the City which form
shall, at a minimum, contain the applicant's full name and residential address, the
business name under which the applicant will be operating and the business
address, if applicable, a brief description of the food to be sold, the license or
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and stFike fl:L-^ughs shall constitute deletions to current text of the
City Code.
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registration number of each vehicle or mobile food unit from which sales will be
made (if licensed to travel on public roads).
(b) The application form shall require such information and documentation as
the City Manager, or designee, may determine to be reasonably necessary to
accomplish the purposes of this Article and to protect the public health, safety
and welfare. Such information shall include a site plan depicting the proposed
location of mobile food operations; the type of mobile food unit to be utilized, 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.
(c) The applicant must provide proof that all other appropriate licenses and
permits (such as right-of-way use permits) have been acquired at the time of
issuance of the mobile food vendor license.
(d) The applicant must provide a copy of the appropriate State licenses that
may be required at the time of issuance of the mobile food vendor license.
(e) The applicant must provide proof that all appropriate taxes (such as the
local business tax) have been paid at the time of issuance of the mobile food
vendor license. The local business tax receipt must be displayed by the permittee
when conducting mobile food service operations.
Sec. 22-166. - Public ways; indemnification of the City; insurance.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike *r,,.^ughs shall constitute deletions to current text of the
City Code.
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(a) Prior to the issuance of a mobile food vendor license, the applicant shall
furnish the City with a signed statement on a form provided by the City that the
licensee shall hold harmless the City, its officers, officials, employees and agents
and shall indemnify the City, its officers, officials, employees and agents for, from
and against any and all claims for damages to property or injury to persons which
may be occasioned by any activity carried on under the terms of the mobile food
vendor license.
(b) The mobile food vendor licensee shall furnish to the City and maintain such
public liability, food products liability, and property damage liability from all claims
and damage to property or bodily injury including, but not limited to, death, which
may arise from operations under the mobile food vendor permit or in connection
therewith. Such insurance shall provide coverage of not less than $1,000,000.00
for bodily injury, property damage, or any claims or injuries respectively per
occurrence. Such insurance shall be without prejudice to coverage otherwise
existing therein and shall name as additional insured the City, its officers,
officials, employees and agents, and shall further provide that the policy shall not
terminate or be cancelled prior to the completion of the mobile food vendor
license period without 45 days' written notice to the City at the address shown in
the permit. The applicant shall provide proof of necessary insurance prior to
receiving the mobile food vendor license.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thr-o, ghs shall constitute deletions to current text of the
City Code.
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Sec. 22-167. - Standard for issuance.
(a) Mobile food vendors shall be allowed to operate on private property with
the written permission of the owner set forth on a form provided by the City or on
public ways when approved by the City.
(b) If operating on private property, all activities of a mobile food vendor must
be on real property assigned a commercial or industrial zoning or non-residential
Planned Development zoning district/classification which real property is a
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residential use or property that is assigned a residential zoning
district/classification which buffer shall be measured from the closest point on the
perimeter of the applicant's mobile food vehicle to the property line of the
Property that is used for a residential use or assigned a residential zoning
district/classification.
(c) Issuance of a mobile food vendor license shall not entitle the mobile food
vendor licensee to conduct business exclusively at any specific location on any
street or sidewalk.
(d) Mobile food units shall be registered as required by State law and it is
prohibited and unlawful for a mobile food vendor to operate, move, park, stop or
stand any mobile food unit on a public way unless the vehicle is equipped as
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and s rik:e t -^• ghs shall constitute deletions to current text of the
City Code.
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required by State law.
(e) It is prohibited and unlawful for a mobile food vendor, operating on City
sidewalks or other public ways, to impede normal pedestrian traffic as
conclusively determined b rV any City law enforcement officer or code enforcement
officer.
(f). It is prohibited and unlawful for a mobile food vendor to create or
contribute to a potential safety or hazardous situation or condition on public or
private property. It is prohibited and unlawful for a mobile food truck to obstruct or
interfere with the free flow of aedestrian or vehicular traffic includina, but not
limited to. access to or from anv business. buildina. nor shall it restrict siaht
distance at driveways as conclusively determined by any City law enforcement
officer or code enforcement officer.
(g) It is prohibited and unlawful for a mobile food vendor to fail to comply with
all State and City traffic and parking, stopping and standing laws, codes,
ordinances, rules and regulations or any one of them.
(h) Mobile food units shall be equipped with a suitable trash container readily
accessible to the public, in which the mobile food vendor's customers may
deposit any litter, trash or waste related to the vendor's sales. Prior to moving a
mobile food unit from a sales location, a mobile food vendor shall pick up and
remove all litter, trash and waste related to the mobile vendor's sales and within
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike t roughs shall constitute deletions to current text of the
City Code.
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an area encompassing a radius of 100' feet from the sales area.
(i) Mobile food trucks may park only on paved surfaces and it is prohibited and
unlawful to fail to do so. The mobile food vendor sales area shall not exceed
an area of a standard parking space (twwe hundred -4200) square feet). A
minimum of 2 parking spaces shall be provided adjacent to the vending area for
the exclusive use of the mobile food truck and shall not occupy the minimum
required parking spaces for any other use on site and it is prohibited and unlawful
to fail to provide the required parking spaces.
Q) It is prohibited and unlawful for a mobile food vendor to create a nuisance
condition to include, but not be limited to, displaying flags, signage not located
within the operational area of a mobile food unit, loud noises, shouting or
amplified music or sound.
(k) It is prohibited and unlawful for a mobile food vendor to set up its sales area
or conduct sales from dusk to dawn or such other hours as may be permitted on
a license unless otherwise authorized in accordance with other provisions of the
City Code.
(1) It is prohibited and unlawful for a mobile food vendor to fail to remove a
mobile food unit or related items at the close of each business day or to fail to
appropriately dispose of litter that resulted from the operations of the mobile food
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and st-Fi e throughs shall constitute deletions to current text of the
City Code.
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(m). Mobile food trucks conducting any form of a cooking operation must obtain a
fire inspection from the City's Fire Marshal or designee prior to operating its
business.
(n4n). It is prohibited and unlawful for a mobile food vendor to set up its sales
area at any of the following locations:
(1) On or within 250') of First Street and Second
Street between French Avenue and Sanford Avenue
(2) On or within two huRdred and fifty feet4250') of Sanford Avenue between
Commercial Street and Thirteenth Street.
(3) Within twe hU RdFed and fifty foot (250') from of any other mobile food
vendor unless specifically permitted to do so bV the City. The distance of the
seaaration reauirement shall be measured from the closest point of one mobile
food truck to the closest point of the other mobile food truck.
(4) Within five hundFed feet (500') of any licensed restaurant located in a
permanent structure during the hours said restaurant is open for business. The
distance of the separation requirement shall be measured from the closest point
of the mobile food truck to the closest building corner of the restaurant.
Sec. 22-168. - Display of license.
The mobile vendor must attach the license issued pursuant to this Article
Ordinarrse to the mobile food unit, at a location conspicuous to the public at all
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thr-o ghs shall constitute deletions to current text of the
City Code.
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times.
Sec. 22-169. - Grounds for revocation of license.
(a) The City Commission may revoke a mobile food vendor's license (with no
refund of fees) for any of the following reasons:
(1) The mobile food vendor or any of the mobile food vendor's agents or
employees engages in any fraudulent, deceptive or unlawful business practice in
connection with the mobile food vendor's business.
(2) False statements were made on the mobile food vendor license application.
(3) Failure to comply with any state health or food vending regulations.
(4) The mobile food vendor or any of the mobile food vendor's agents or
employees violates any provision of this Article.
(5) Revocation by any jurisdiction of any other related license or permit held by
mobile food vendor.
(6) The mobile food vendor is convicted in any jurisdiction of any felony or
crime of moral turpitude or pleads nolo contendere to such felony or crime.
(7) The mobile food vendor operates the mobile food unit in a manner that
violates state or City traffic, parking, stopping and standing laws, code,
ordinances, rules or regulations or otherwise creates or contributes to a potential
safety or hazardous situation or condition on public or private property.
(b) The designee of the City Manager shall, in conjunction with the City
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike through -s shall constitute deletions to current text of the
City Code.
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Attorney, shall submit a proposed revocation action to the City's special
magistrate shall be final and subject only to a timely appeal to a Court of
competent jurisdiction.
Sec. 22-170. - License expiration; renewals.
(a) The mobile vendor license issued pursuant to this Article Ordinance will be
valid for a period of one year from the date of issuance.
(b) A renewal of a mobile vendor license may be issued using the procedures
provided for in this Article for the granting of a new license.
Sec. 22-171. - Violations, penalties and code enforcement.
(a) It is prohibited and unlawful to violate the provisions of this Article.
(b) The City may enforce the provisions of this Article by any means of code
enforcement as may be permitted under controlling law.
(c) The City shall not seek incarceration as a penalty for the violation of the
provisions of this Article.
Sec. 22-172. - Implementing administrative actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Article and to take any and all necessary administrative
actions to include, but not be limited to, the adoption of administrative rules and
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and stfike tk-aughs shall constitute deletions to current text of the
City Code.
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the promulgation of forms.
Section 3. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
hereby repealed.
Section 4. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Ordinance not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to
any and all actions and activities of the City pertaining to mobile food vendors, or
any related or associated matters, are hereby ratified and affirmed.
Section 6. Codification; Scrivener's Errors.
(a). Section 2 of this Ordinance shall be codified, and all other sections
shall not be codified; provided, however, that all necessary codification actions
shall be implemented by the Code codifier.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and str-i e +h,.,,ughs shall constitute deletions to current text of the
City Code.
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Attorney, may be corrected with the endorsement of the City Manager, or
designee, without the need for a public hearing.
Section 7. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 18th day of May, 2020.
Attest:
Traci Houchin, City Clerk, WC, FCRM Triplett, M
011?
.0
""'I b I I eel V6
City Commission of th
Sanford, Florida
M
Approved as to form and legal sufficien
William L. Colbert City Attorney
ity of
CITY COMMISSION MEMORANDUM 20.077
MAY 18, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP —Development Ser �s ktTn-- g
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager--*'
SUBJECT: Amendments to the City Code Relating to
Ordinance Number 2020-4545
STRATEGIC PRIORITIES: /
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. 'Tr
ood Vendors/Food Trucks;
Amendments to the City Code relating to Mobile Food Vendors are being proposed.
FISSCALISTAFFING STATEMENT:
The administrative costs of the subject City Code provisions should remain unaltered and constant.
BACKGROUND:
Article V, of Chapter 22, of the City Code relates to mobile food vendors and regulates food trucks.
The City receives several complaints/concerns/inquires each month regarding the operation of a mobile
food truck on private property, but is unable to address the matter from a code enforcement perspective
due to the strict reading of the current City Code provisions which were enacted in 2009.
Mobile food vending is being recognized as a community economic development tool. Food trucks,
trailers, and carts provide opportunities for entrepreneurs and small businesses; add interest, vibrancy,
and activity to streetscapes and sites; and expand food access in areas underserved by traditional
restaurants. Balanced regulations and permitting procedures can help ensure that food trucks have
ample vending opportunities within a jurisdiction without posing a threat to brick -and -mortar
restaurants blocking the right-of-way, or creating a nuisance.
The proposed modifications to the City Code to address safety, traffic and neighborhood compatibility
issues are proposed as follows:
(1). Add non-residential Planned Development properties as permitted locations.
(2). Delete text relative to abutting real property which is single family, 2 -family
or multi -family use or zoning classification and add buffer requirement distance
from residential use or residential zone.
(3). Add language that mobile food trucks shall not obstruct or interfere with
pedestrian or vehicular traffic, access to buildings and sight lines.
(4). Add language that mobile food trucks shall be parked on paved surface and
mobile trucks shall provide a minimum of 2 parking spaces and shall not occupy
the minimum required parking spaces for any other use on site.
(5). Add language to require fire inspection prior to operating.
(6). Revise and define distance requirements.
The City Commission approved the first reading of Ordinance No. 4545 on April 27, 2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 5, 2020.
LEGAL REVIEW:
Ordinance No. 4545 was drafted by the City Attorney who added amendments relative to
administrative and code enforcement matters.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4545.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4545."
Attachment: Ordinance No. 4545