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Home My WebLink AboutO-139010FCity of Miami G�TY 'LJ 1 Legislation * IA61RR uuu �F l ° R I° Ordinance: 13901 File Number: 7068 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/14/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR);" MORE PARTICULARLY BY AMENDING SECTION 31-51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO MODIFY THE REGULATIONS FOR FOOD TRUCKS OPERATING ON PRIVATE LAND, INCLUDING BUT NOT LIMITED TO REQUIRING SITE PLAN APPROVAL FOR FOOD TRUCKS THAT PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3) DAYS A WEEK ON PRIVATE PROPERTY; CREATING STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING FOR AN EXEMPTION OF FOOD TRUCK REQUIREMENTS FOR PROPERTIES USED BY RELIGIOUS OR EDUCATIONAL INSTITUTIONS; AND DEFINING APPLICATION -BASED MEAL PRODUCTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell WHEREAS, the City of Miami ("City") currently allows the gathering of food trucks on certain private properties with certain conditions; and WHEREAS, the City Commission wishes to require site plan approval for private properties that host food trucks more than three (3) days a week or have food trucks parked overnight; and WHEREAS, the City Commission wishes to exempt religious and educational institutions from these strict requirements in order to avoid any additional burdens created thereby; and WHEREAS, the City Commission also wishes to define application -based meal production at to specifically exclude application -based meal production from the the definition of food trucks; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 31 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:' ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 1 of 4 File ID: 7068 (Revision: C) Printed On: 71612020 File ID: 7068 "CHAPTER 31 Enactment Number: 13901 LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE II. LOCAL BUSINESS TAX (BTR) Sec. 31-51. Food trucks operating on private land. (b) Definitions. App -Based Meal Production means the preparation of food ordered electronically (via a smartphone or other web -based application) in advance for pick-up or delivery solely for consumption off -premises. Food truck means the preparing, cooking, serving, or selling of food performed from a movable stand, cart, vehicle, truck, van, or trailer. Each movable stand, cart, vehicle, truck, van, or trailer shall be considered a food truck for purposes of this section. It does not include movable stands, carts, vehicles, trucks, vans, or trailers that are engaged in App -Based Meal Prndurtinn (c) Requirements for food trucks. (1) In addition to all other city, county, and state requirements, food trucks shall receive a business tax receipt ("BTR") as listed in Chapter 31 of the City Code upon the showing of: a. A certificate of inspection by the Miami -Dade County Department of Health; b. A certificate of inspection by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants; c. Proof of valid insurance; d. Vehicle identification number; and e. A valid Peddler's BTR from Miami -Dade County. (2) Food Trucks that are present in the same location more than three (3) times per week and/or park on site overnight shall, prior to receiving a BTR, also provide a: a. Notarized letter and/or affidavit from the property owner authorizing the Food Truck to be located on the property; and b. Site plan approved by the Office of Zoning indicating the proposed location. (23) Food trucks must have a peddler's type BTR pursuant to chapter 31 of the City Code approved by the city manager or designee and must comply with the requirements of that BTR. City of Miami Page 2 of 4 File ID: 7068 (Revision: C) Printed on: 7/6/2020 File ID: 7068 Enactment Number: 13901 (34) Food trucks are not permitted to operate within a 500 -foot radius of a food service, gasoline, natural gas, or other combustible energy source establishment, nor in T3 and T4 -R transect zones. (45) The property in which a food truck is parked must have an active certificate of use ("CU"). If there are no more than two food trucks present, such activities will be considered ancillary to the current CU if the food truck use is allowed in the transect zone as long as the food-. tr--.-Q-ks are not present more th;an thrAQ torngs p9r W9Qk ;;nd do nn4 park OR Site GVeFRigh4 (6) Food Trucks shall not: a. Be located in any driveway aisles, no parking zones, landscaped areas, loading areas, or parking lanes; b. Impede the on-site circulation of motor vehicles; or c. Be located on the public right-of-way. (7) Food Trucks that are present in the same location more than three (3) times per week and/or Dark on site overniaht shall: a. Not be located in parking spaces required by the other uses on the property unless the number of spaces exceeds the minimum amount required for other uses on the property. The utilization of an off-street parking space for the operation of a food truck must not cause the site to become deficient in required off-street parking; and b. Have a public restroom available on site if food or beverages are being served for consumption on site. (58) If parked on property that is vacant, the property owner must follow the temporary use of vacant land process and obtain a temporary use permit ("TUP") as delineated in chapter 62 of the City Code, if a TUP is allowed in the district. (69) A site map for location and/or placement of food truck(s), occupied or vacant, showing the property is outside the 500 -foot radius as required by subsection (c)(34) of this Code. (�10) All food trucks must provide waste disposal for patrons and must keep the area surrounding the food truck(s) clear of waste and debris resulting from their services. (#11) All food trucks must display, at all times, a copy of their city affidavit attesting to the operating requirements issued by the regulating department of the city as approved by the city manager or designee. (f) Exemptions; waivers; prohibitions. (1) Exemptions. Private property with over 250,000 square feet of usable land shall be exempt from subsection (c)(34) of this section. (2) Waivers. Sity properNProperty owned and operated by a religious institution, educational institution, or the City shall not be subject to this section; however, food truck gatherings on city property shall be limited to one ULtime per month unless waived by the city commission at a duly noticed public meeting. City of Miami Page 3 of 4 File ID: 7068 (Revision: C) Printed on: 7/6/2020 File ID: 7068 Enactment Number: 13901 (3) Prohibitions. Food truck usage is prohibited in district 3. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption.2 APPROVED AS TO FORM AND CORRECTNESS: i ria ndez, City Attor iey 5/28/2020 z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 7068 (Revision: C) Printed on: 7/6/2020