HomeMy WebLinkAboutOrdinanceCity of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6900 Final Action Date: 2/13/2020
MAY BE WITHDRAWN
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;" MORE PARTICULARLY BY AMENDING
SECTION 31-51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO
REQUIRE SITE PLAN APPROVAL FOR FOOD TRUCKS ON PRIVATE PROPERTY
THAT PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3) DAYS A
WEEK; CREATING STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING
FOR AN EXEMPTION OF SUCH REQUIREMENTS FOR PROPERTIES USED BY
RELIGIOUS INSTITUTIONS; 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
private property 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 institutions from these strict
requirements in order to avoid any additional burden created thereby;
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:1
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
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 Page 1 of 3 File ID: 6900 (Revision:) Printed On: 4/29/2025
File ID: 6900 Enactment Number:
ARTICLE II. LOCAL BUSINESS TAX (BTR)
Sec. 31-51. Food trucks operating on private land.
* * *
(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. A 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.
(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 trucks are not present more than three times per week and do
not park on site overnight.
(6) Food Trucks shall not:
a. Be located in any driveway aisles, no parking zones, landscaped area, loading
areas, or parking lanes; or
b. Impede the on -site circulation of motor vehicles.
Food Trucks that are present in the same location more than three (3) times per week
and/or park on site overnight 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
(7)
City of Miami Page 2 of 3 File ID: 6900 (Revision:) Printed on: 4/29/2025
File ID: 6900 Enactment Number:
(f)
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.
(48) 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.
(49) 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)(3) 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.
(811) 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.
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. City property and property owned and operated by a religious institution shall
not be subject to this section; however, food truck gatherings on city property shall be
limited to one time per month unless waived by the city commission at a duly noticed
public meeting.
Prohibitions. Food truck usage is prohibited in district 3.
(3)
*11
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:
ndez, ity (tor ey 12/16/2019
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
Page 3 of 3 File ID: 6900 (Revision:) Printed on: 4/29/2025