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File ID: #8696
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Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor, Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), 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 ESTABLISH A PILOT PROGRAM FOR APP-
BASED MEAL PRODUCTION ON PRIVATE LAND; CONTAINING A SUNSET
PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami File ID: 8696 (Revision: 8) Printed On: 51412021
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File Number: 8696
City of Miami
Legislation
Ordinance
Enactment Number: 13993
Final Action Date: 4/22/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), 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 ESTABLISH A PILOT PROGRAM FOR APP-
BASED MEAL PRODUCTION ON PRIVATE LAND; CONTAINING A SUNSET
PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Food Trucks and App-Based Meal Production have become common place
in society in recent years; and
WHERAS, the proliferation of electronic commerce ("e-commerce"), the gig economy,
and consumer behaviors accelerated by the Novel Coronavirus ("COVID-19") pandemic
compels the need to find solutions to better deliver goods and services, including food
deliveries, to residents throughout the City of Miami ("City") and provide new opportunities for
businesses to reach patrons; and
WHEREAS, there are currently requirements for Food Truck operations on private
property; however, App-Based Meal Production is not included; and
WHEREAS, the purpose of an App-Based Meal Production vehicle is distinct and
different from that of a Food Truck because the App-Based Meal Production unit only serves
customers who order using online applications and does not take walk-up customers; and
WHEREAS, the proposed App-Based Meal Production Pilot Program ("Pilot Program")
allows restaurants and other types of dining establishments to branch out to local customers by
using a Mobile Operation to prepare meals that are ordered solely through electronic means;
and
WHEREAS, the Pilot Program will allow local restaurants to venture out of their known
neighborhoods to provide services to a larger section of the community; and
WHEREAS, pursuant to Section 2-33(c)(9) of the Code of the City of Miami, Florida, as
amended ("City Code"), the City Commission may create pilot programs within the City for a
limited period of time not to exceed one (1) year with a possible extension for an additional one
(1) year period; and
WHEREAS, Section 31-51 of the City Code currently provides regulations of single -
operator Food Trucks throughout the City but does not provide for App-Based Meal Production
vehicles; and
City of Miami File ID: 8696 (Revision: 8) Printed On: 51412021
WHEREAS, in these uncertain times and with social distancing a part of everyday life as
a result of COVID-19, App-Based Meal Production can provide an easy, effective, and healthy
way for our community to support local businesses; and
WHEREAS, the Pilot Program is in the best interest of the City, its businesses, and
residents;
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 by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 31/Article II of the City Code is hereby amended in the following
particulars:'
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE II
IN GENERAL
Sec. 31-51. — Food trucks operating on private land.
(h). Pilot Program for App-Based Mobile Operations.
Definitions in addition to those provided in Section 31-51(b):
Delivery Food Vehicle means any vehicle used as or in conjunction with a Mobile
Operation Unit operating with App-Based Meal Production for delivery only to be
consumed off -premises.
Mobile Operations mean the operation of Food Trucks and Delivery Food Vehicles and
fulfillment operations Gf GGGked feed performed from a movable stand, cart, vehicle,
truck, van, or trailer.
Mobile Operation Unit means the movable stand, cart, vehicle, truck, van, or trailer
through which Mobile Operations are performed on a parking lot site or on vacant land.
Requirements for Operation
a. The Mobile Operation will be allowed to operate on private property in Districts 1,
2 [excluding the Central Business District ("CBD") as described in herein], and 5
only.
b. No Mobile Operation shall be located within the CBD, generally identified as the
area bound by Biscayne Boulevard to the East, the Miami River to the South,
' 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
City of Miami File ID: 8696 (Revision: 8) Printed On: 51412021
Northeast 91" Street to the North, and Interstate 95 ("1-95") to the West, as
illustrated by the map provided in Exhibit "A", attached and incorporated.
c. Mobile Operations are permissible only on private properties with an active
Certificate of Use within T5, T6, CS, Cl, D1, D2, and D3 Transect Zones where
an^;"ar„ 6 ise for a the use category of food service establishment is allowed.
d. Mobile Operations, Mobile Operation Units, or Food Delivery Vehicles shall not
be located on public nr^T right-of-way, required parking spaces, driveway
aisles, no -parking zones, unpaved areas, loading areas, or parking lanes and
may not impede the on -site circulation of pedestrians or traffic flow.
e. The utilization of an off-street parking space for Mobile Operations shall not
cause the abutting site to become deficient in required off-street parking.
f. Mobile Operations shall not be located on private properties that houses gas
stations, natural gas distributors, or other combustible energy sources.
L. Mobile Operations shall be located a minimum of twenty-five (25) feet from the
property line of an existing residential use, except that Mobile Operations may be
located at a minimum of ten (10) feet from the property line if the residential use
is separated by a six (6) foot high masonry wall but may not abut a T3 Transect
Zone.
h. Electric service connection of Mobile Operations to an on -site electrical outlet is
permitted; however, all approved electrical services, panels, and outlet
connections to a permanent enclosure or outlet box shall require an Electrical
Permit from the Building Department prior to installation. Installation of electrical
wiring and equipment must meet the provisions of the most recently adopted
edition of the National Electrical Code. No wiring or cables may run beyond the
vending area or pose any danger to the patrons or operators, either from being
exposed or not properly installed to avoid a tripping hazard or life safety issues.
For purposes of this requirement, the vending area includes the space taken up
by a Mobile Operation Unit; equipment; products; and any tents, tarpaulins,
canopies, or awnings; and
i. All Mobile Operations must provide to the City their contract for servicing all
grease -traps, as applicable, and said contract must remain valid or the BTR
holder will be in violation of this Section.
L All Mobile Operations shall acquire any and all necessary permits required
by the Building, Planning and Zoning and any other Departments or
regulatory agencies prior to starting any business operations as allowed
by this Section.
Application and Requirements to obtain a Pilot Program Business Tax Receipt
("BTR").
a. All Mobile Operations must comply with Section 31-51(c)(1)-(3);
b. All applications shall be approved by the City Manager or Designee;
c. All applications will be reviewed by the City Manager or Designee and a
determination provided within fifteen (15) days of receipt;
d. All applications shall be required to provide a site map, abutting zoning
designations, the active and valid Certificate of Use of the private property to be
used, and proof of compliance with Section 31-51(h)(2); and
e. A notarized letter from the owner of the private property that the applicant has the
authority to seek a BTR to occupy the property.
Enforcement; Penalties.
Any violation of this Section is punishable by a fine of $250.00 for a first offense
and $500.00 for each offense thereafter or as a Notice of Violation under the
provisions of Chapter 2, Article X of the City Code and any other remedies as
City of Miami File ID: 8696 (Revision: 8) Printed On: 51412021
provided by law, jointly and severally, including, but not limited to, suspension or
revocation of the relevant BTR or any other legal remedy as deemed appropriate
by the City. The use of one remedy shall not preclude the use of another.
Review; Sunsetting Provision.
a. The City Manager shall compile statistics including, but not limited to, number of
participants, sales, number of people employed through the program, and
number of City Code violations at Mobile Operation sites and present the report
to the City Commission no less than ninety (90) days prior to the expiration of
the Pilot Program unless the Pilot Program is repealed earlier.
b. This Section will automatically sunset on March 10, 2022 unless it is earlier
repealed by the City Commission or the City Commission extends the Pilot
Program for an additional period of not more than one (1) year.
*If
Section 5. 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 6. This Ordinance shall become effective immediately after its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
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2 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 File ID: 8696 (Revision: 8) Printed On: 51412021