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File ID: #18113
Ordinance
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," TO AMEND DISTANCE SEPARATION REQUIREMENTS FOR
FOOD TRUCK ACTIVITY AND TO UPDATE THIS SECTION TO COMPLY WITH NEW
CITY CODE CHAPTER 52 FOR SPECIAL EVENTS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 18113 (Revision:) Printed On: 11/6/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14402
File Number: 18113 Final Action Date: 10/9/2025
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 AMEND DISTANCE SEPARATION REQUIREMENTS FOR
FOOD TRUCK ACTIVITY AND TO UPDATE THIS SECTION TO COMPLY WITH NEW
CITY CODE CHAPTER 52 FOR SPECIAL EVENTS; 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, this Section 31-51of the City Code was adopted to address the new found
use of food trucks operating as food and other service providers pursuant to Ordinance 13796,
adopted October 11, 2018; and
WHEREAS, as the business sector has grown, Section 31-51 has been amended from
time to time; and
WHEREAS, Food Trucks and Food Truck Gatherings have offered a repurpose use for
many vacant lots and areas in the City of Miami ("City") that have otherwise remained dormant;
and
WHEREAS, since the time of enactment of Section 31-51, there have been no studies to
correlate any loss of business by a food service establishment based upon nearness to a Food
Truck operation but there are studies showing no interference; and
WHEREAS, in our mobile and changing society, Food Trucks have created a source of
income for small families and entrepreneurs as well as some being run by brick -and -mortar food
service establishments as a secondary part of the business; and
WHEREAS, both the Florida Fire Prevention Code and Miami -Dade County require a
minimum of 10 unobstructed feet between any Food Truck activity and a combustible energy
source; and
WHEREAS, on March 13, 2025, the City Commission enacted Ordinance 14357 which
removed Temporary Events from Chapter 62 and created Chapter 52 solely for Special Events
and therefore updates are needed in Section 31-51 in order to comply with the new Chapter;
and
WHEREAS, the City and it residents, visitors and business have already benefited
greatly from the booming Food Truck options in the City and removing the distance separation
currently in place will further assist in re -purposing unused land into productive parts of the
community;
City of Miami File ID: 18113 (Revision:) Printed On: 11/6/2025
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.
* * *
(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.
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: 18113 (Revision:) Printed On: 11/6/2025
(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 aye may only not be permitted to operated within a 500 foot radius
of a food service, with a clear space distance of no fewer than ten (10) feet
from a gasoline, natural gas, or other combustible energy source or similar type
establishment pursuant to Section 50.8.2, Florida Fire Prevention Code, as
amended nor in T3 and T'I 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; Gr
c. Be located in a T3 or T4-R Transect Zone; or
Gd. 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:
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.
City of Miami File ID: 18113 (Revision:) Printed On: 11/6/2025
(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 Special event permit for food
truck gatherings issued by the city manager or designee pursuant to chapter 52, articic
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 temporarySpecial event permit for food truck gatherings shall be obtained for each
temporarySpecial event site on an annual basis. A temporarySpecial 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 52, 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.
(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 temporarySpecial Event 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:
City of Miami File ID: 18113 (Revision:) Printed On: 11/6/2025
a. General placement of the individual food trucks (i.e. 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.
*„
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:
rge = . Wyy ng III, C y ttor -y 9/2/2025
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 canon the effective date stated herein whichever is later
City of Miami File ID: 18113 (Revision:) Printed On: 11/6/2025