HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #13645
Date: 03/09/2023
Commission Meeting Date: 01/11/2024
Type: Ordinance
Subject: Amend Code - Chapter 31 -
App-Based Mobile Operation Pilot to
Permanent
Requesting Department: City Manager's
Office
Sponsored By: Sabina Covo
District Impacted: District 1, District 2,
District 5
PURPOSE OF ITEM:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS
REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON
PRIVATE LAND," TO PROVIDE FOR PERMANENT FOOD TRUCK ORDINANCE;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
BACKGROUND INFORMATION:
Food Trucks on private land are regulated through Section 31-51 of the Code of the City
of Miami, Florida, as amended ("City Code").
App Based Meal Productions areas were adopted into the City Code as part of a pilot
program under Ordinance 13993, adding Section 31-51(h), which passed April 22, 2021
and was extended via Resolution R-22-0118 on March 24, 2022.
Pursuant to the Charter, a pilot program may only run for one initial year and then only
for one further subsequent year with City Commission approval.
The App Based Meal Production services have provided an avenue for local area brick
and mortar business to expand their footprint throughout the City and reach more
customers.
These services do not provide on -site food sales but rather operate as an extra kitchen
to already existent restaurants and create a hub for delivery services to bring the food to
residents, visitors and businesses in our community.
The City and it residents, visitors and business have already benefited greatly from this
modern day restaurant expansion option and making it permanent would be in the best
interests of the City of Miami.
Budget Impact Analysis
City of Miami File ID: 13645 (Revision: B) Printed On: 1/29/2024
Item is NOT Related to Revenue
Item is NOT funded by Bonds
City Commission
City Manager's Office
Office of Management and Budget
Office of Management and Budget
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Nicole Ewan
Arthur Noriega V
Aniska Elliott
Marie Gouin
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
Nicole Ewan
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
Nicole Ewan
Nicole Ewan
Todd B. Hannon
Valentin J Alvarez
Rachel Dooley
Victoria Mendez
Nicole Ewan
Nicole Ewan
Mayor's Office
City Clerk's Office
City Clerk's Office
Reviewed B
Meeting Completed 03/23/2023 9:00 AM
Department Head Review Completed 04/03/2023 3:57 PM
Budget Analyst Review Completed 04/04/2023 7:06 AM
Budget Review Completed 04/04/2023 11:38 AM
Legislative Division Review Completed 04/04/2023 11:43 AM
ACA Review Completed 04/04/2023 4:17 PM
Approved Form and Correctness Completed 04/04/2023 5:56 PM
Meeting Completed 04/13/2023 9:00 AM
Legislative Division Review Completed 08/29/2023 3:38 PM
ACA Review Completed 09/01/2023 10:09 AM
Approved Form and Correctness Completed 09/05/2023 3:28 PM
Meeting Completed 09/14/2023 9:00 AM
Meeting Completed 10/12/2023 9:00 AM
Meeting Completed 11/16/2023 9:00 AM
Legislative Division Review Completed 12/01/2023 8:20 AM
ACA Review Completed 12/05/2023 3:44 PM
Approved Form and Correctness Completed 12/05/2023 6:16 PM
Meeting Completed 12/14/2023 9:00 AM
Meeting Completed 01/11/2024 9:00 AM
Unsigned by the Mayor Completed 01/17/2024 9:26 AM
Signed and Attested by the City Clerk Completed 01/17/2024 9:31 AM
Rendered Completed 01/22/2024 9:51 AM
City of Miami File ID: 13645 (Revision: B) Printed On: 1/29/2024
City of Miami
Legislation
Ordinance
Enactment Number:14249
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13645 Final Action Date: 1/11/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX
AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS
TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO
PROVIDE FOR A PERMANENT FOOD TRUCK ORDINANCE;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, Food Trucks on private land are regulated through Section 31-51 of the
Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, App Based Meal Productions areas were adopted into the City Code as part
of a pilot program under Ordinance 13993, adding Section 31-51(h), which passed April 22,
2021 and was extended via Resolution R-22-0118 on March 24, 2022; and
WHEREAS, pursuant to the Charter, a pilot program may only run for one initial year and
then only for one further subsequent year with City Commission approval; and
WHEREAS, the App Based Meal Production services have provided an avenue for local
area brick and mortar business to expand their footprint throughout the City and reach more
customers; and
WHEREAS, these services do not provide on -site food sales but rather operate as an
extra kitchen to already existent restaurants and creates a hub for delivery services to bring the
food to residents, visitors and businesses in our community; and
WHEREAS, the use of shipping containers requires certain protections due to the local
building code to insure the health, safety and welfare of the surrounding area as they are not
axle -mounted, self-propelled or quickly removed by hitch and go; and
WHEREAS, all App Based Meal Production services shall maintain compliance with
Section 509.102, Florida Statutes, as amended, and all other applicable state laws and
regulations; and
WHEREAS, the regulation of App Based Meal Production services, which are temporary
kitchens pursuant to Florida Statutes, are preempted to the State and a municipality, county, or
other local government entity may not require a separate license, registration, or permit beyond
those established by the DBPR as a condition for their operation within the jurisdiction, require a
separate fee beyond those established by the DBPR as a condition for the their operation within
the jurisdiction, or prohibit them from operating within the entirety of the entity's jurisdiction; and
WHEREAS, due to the size of the kitchens and the traffic congestion created by the
delivery services, there are certain necessary restrictions as their locations; and
City of Miami File ID: 13645 (Revision: B) Printed On: 1/29/2024
WHEREAS, the City and it residents, visitors and business have already benefited
greatly from this modern day restaurant expansion option and making it permanent would be in
the best interests of the City of Miami;
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 amended in the following
particulars:'
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE II. LOCAL BUSINESS TAX (BTR)
* * *
Sec. 31-51. - Food trucks operating on private land.
*
*
(h) Pilot Program for aApp-based mobile operations.
(1) Definitions in addition to those provided in subsection 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 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.
Shipping containers do not qualify as a Mobile Operations Unit and require necessary
Building Permits in order to be securely left in any space.
Mobile operations mean the operation of food trucks and delivery food vehicles
and fulfillment operations performed from a movable stand, cart, vehicle, truck, van, or
trailer.
(2) 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,
Northeast 9th Street to the North, and Interstate 95 ("1-95") to the West, as
illustrated by the map provided in Exhibit "A", attached and incorporated.
1 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 File ID: 13645 (Revision: B) Printed On: 1/29/2024
(3)
c. Mobile operations are permissible only on private properties with an activc
certificate of ucc within T5, T6, CS, CI, D1, D2, and D3 transect zones where 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 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.
Mobile operations shall be located a minimum of 25 feet from the property line of
an existing residential use, except that mobile operations may be located at a
minimum of ten feet from the property line if the residential use is separated by a
six 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.
g.
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 subsections 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 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 subsection 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.
(4) Enforcement; penalties.
(a) 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 provided by law,
jointly and severally, including, but not limited to, suspension or revocation of the
City of Miami File ID: 13645 (Revision: B) Printed On: 1/29/2024
{5)
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.
(b) If the App-Based Mobile Operations site converts from a Mobile Operation Unit(s)
to a permanent structure(s), compliance with the Florida Building Code and local
amendments as well as Miami 21, including but not limited to, issuance of a Certificate
of Use, shall be required.
Review; sunsetting provision.
a. The city managcr shall compile statistics including, but not limited to, number of
number of City Code violatie s at mobile operation sites and present the report to
the city commission no less than 90 days prior to the expiration of the pilot
program unless the pilot program is repealed earlier.
a. 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 year
Section 3. If any section, part of 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 adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
"ndez, ity (tor
ndez, City Attor ey 12/5/2023
ndez, ity Attor ey 9/5/2023
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: 13645 (Revision: B) Printed On: 1/29/2024