HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #12281
Ordinance
Second Reading
Sponsored by: Christine King, Commissioner
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," BY PROVIDING FOR AN EXEMPTION TO ALLOW FOOD TRUCK
OPERATIONS IN A LIMITED CAPACITY AT DEFINED INTERMODAL
TRANSPORTATION AREAS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 12281 (Revision: B) Printed On: 6/23/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14115
File Number: 12281 Final Action Date: 10/13/2022
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," BY PROVIDING FOR AN EXEMPTION TO ALLOW FOOD TRUCK
OPERATIONS IN A LIMITED CAPACITY AT DEFINED INTERMODAL
TRANSPORTATION AREAS; 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, the City Code provides for certain Food Truck activity to occur on private
land in use and on vacant land as well; and
WHEREAS, there is no allowance for Food Trucks to operate on the public right-of-way
for any time period longer than it would be to process an order from a customer; and
WHEREAS, the City has several Intermodal Transportation hubs that would greatly
benefit from the allowance of Food Trucks to serve their customers; and
WHEREAS, these Intermodal Transportation Areas combine train and/or bus and/or
Metrorail lines for our daily commuters into and out of the City; and
WHEREAS, both the Intermodal Transportation operators, daily commuters and Food
Truck operator would see a great benefit from being allowed to operate; and
WHEREAS, these intermodal sites are not meant to replace brick and mortar food
operations but rather supplement the needs of daily commuters and operate at a maximum of
five (5) per sites that meet the criteria; and
WHEREAS, the City and it residents and business would benefit from Food Truck
operations at Intermodal Transportation Areas;
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.
City of Miami File ID: 12281 (Revision: B) Printed On: 6/23/2025
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.
(a) Intent. It is the intent of this section to regulate the use of food trucks and their gatherings
throughout the city as it pertains to private land. This section does not supplant or replace the
requirements of Chapter 39, article II, titled, "Sidewalk and Street Vendors."
(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
production.
Intermodal Transportation Area ("I.T.A.") shall be defined as the area generally located from
NW 6 Street to the North and NW 3 Street to the South and NW 1 Avenue to the East and the
overhead Metrorail lines to the West.
I.T.A. Operator means the operator of the passenger rail train or the private property owner
immediately adjacent to the public right-of-way located within an Intermodal Transportation
Area.
Patron means a person purchasing food from a food truck.
Rail Station or Station means any structure or transportation facility that is part of a rail system
designed to accommodate the movement of passengers from one mode of transportation to
another at which passengers board or disembark from transportation conveyances and transfer
from one mode of transportation to another.
Truck means any of the various forms of vehicles used for carrying goods and materials,
usually consisting of a single self-propelled unit, but also often composed of a trailer vehicle
hauled by a tractor unit. A vehicle much larger than a cart or a car.
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: 12281 (Revision: B) Printed On: 6/23/2025
Van means a boxlike vehicle that resembles a panel truck, often has double doors both at the
rear and along the curb side, and that can be used as a truck.
(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 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.
(3) 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.
(4) 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.
(5) 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.
(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 times per week
and/or park on site overnight shall:
City of Miami File ID: 12281 (Revision: B) Printed On: 6/23/2025
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.
(8) 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.
(9) 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)(4) 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.
(d) Requirements for food truck gatherings. Food truck gatherings shall be
permitted without the need for a public hearing and by a temporary event permit
for food truck gatherings issued by the city manager or designee pursuant
to Chapter 62, article XIII, division 1 of the City Code, provided the food truck
gatherings shall:
(1) Be limited to one food truck gathering at the same location only once
per calendar month, for a maximum of three consecutive days;
(2) Be strictly prohibited in T3 and T4-R Transect Zones;
(3) Not permit the sale of alcoholic beverages from any food truck; and
(4) Acquire a building permit from the building department in the event
of the erection of temporary structures or stages. All fire safety code
requirements must be similarly met.
(e) A temporary event permit for food truck gatherings shall be obtained for each temporary
event site on an annual basis. A temporary event permit for food truck gatherings application
shall be obtained, completed, and submitted to the city manager or designee prior to
operating a food truck gathering. The completed package shall include all documents
pursuant to Chapter 62, article XII, division 1 of the City Code and in addition, all of the
following:
(1) A notarized letter from the property owner of record authorizing the food truck
gathering indicating the amount of food trucks and the date and time(s) of the food
truck gathering as described in the application package.
(2) A schedule of events for the food truck gathering.
City of Miami File ID: 12281 (Revision: B) Printed On: 6/23/2025
(3) Notification and sign -off from the Miami Police Department and solid waste
department.
(4) A traffic safety and security plan.
(5) A narrative from the applicant describing the hours of operation, estimated public
attendance, amount of food trucks, and a description of any other amenities or
services provided.
(6) Copies of all state and county licenses of each of the individual food trucks
participating.
(7) The maximum number of individual food trucks which may be present at the food
truck gathering at any one time. This maximum number shall be indicated on the
temporary permit if granted by the city.
(8) A site plan or survey indicating the following information, which shall consider the
food truck gathering's estimated public attendees and the maximum number of
individual food trucks on the site:
a. General placement of the individual food trucks (Le. a map drawing of food
trucks as they would be situated on the site).
b. Location of refuse and recycling facilities or receptacles.
c. Location of sanitation facilities.
d. Handling and disposal plans for fats, oils, and grease ("FOG").
e. Location of on -site and off -site parking areas.
f. Location of any lighting fixtures, if applicable.
g. Location of rights -of -way, internal circulation of vehicles and people, and of
ingress and egress areas.
(f) Exemptions; waivers; prohibitions.
(1) Exemptions.
a. Private property with over 250,000 square feet of usable land shall be
exempt from subsection (c)(4) of this section.
b. Intermodal Transportation Area ("I.T.A."): Notwithstanding any other Section
of the City Code, the I.T.A. Operator may operate or cause to be operated Food
Trucks at an Intermodal Transportation Area if the following requirements are met:
i. The I.T.A. Operator is required to set apart, create, and maintain the
Food Truck area to be used in accordance with this Subsection.
ii. A maximum of (5) adjoined spaces to be used by Food Trucks.
City of Miami File ID: 12281 (Revision: B) Printed On: 6/23/2025
iii. Food Truck space must be operated in such a manner as to provide a
clear and unobstructed pedestrian path that is a minimum of five feet
(5') wide and must not create any impediment to pedestrian or vehicular
occupation or use of a street, sidewalk, or roadway;
iv. Food Trucks can only be operated during the hours of 7 am to 10 pm
and may only be occupied as directed by the I.T.A. Operator (with hours
of operation allowed to be extended for certain special events upon
approval of the City Manager).
v. No Food Truck operation may occur unless there is a public
bathroom facility within 500 feet of the designated parking area in
compliance with Section 403.3.3 of the Florida Building Code and all
other requirements for sanitation, disposal of oil, recycling and lighting in
Section 31-51(e)(8) are required to be met and it cannot be located
within a 500 foot radius of a gasoline or natural gas or other combustible
energy source establishment;
vi. Any required Building Permits shall have to be submitted and
finalized prior to any operation of the Food Trucks.
vii. 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.
viii. No alcohol sales are allowed.
(2) Waivers. Property 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 time per month unless waived by the
city commission at a duly noticed public meeting.
(3) Prohibitions. Food truck usage is prohibited in district 3.
(g) Enforcement. Any violation of this section is punishable by a fine of $250.00 for a first
offense and $500.00 for each offense thereafter 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 a CU, BTR, permit, or any other legal remedy as
deemed appropriate by the city. The use of one remedy shall not preclude the use of another.
City of Miami File ID: 12281 (Revision: B) Printed On: 6/23/2025
*„
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:
9/13/2022 ria i dez, sty Attar
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: 12281 (Revision: B) Printed On: 6/23/2025