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AGENDA ITEM COVER PAGE
File ID: #4618
Ordinance
Second Reading
Sponsored by: Wifredo Gort, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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)," TO ESTABLISH A NEW SECTION 31-51 OF THE CITY CODE,
TITLED "FOOD TRUCKS," REGULATING FOOD TRUCKS AND FOOD TRUCK GATHERINGS
WITHIN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Miami File ID: 4618 (Revision: 8) Printed On: 12/11/2018
G1Y OFA
Cit of Miami
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Ordinance
Enactment Number: 13796
File Number: 4618 Final Action Date: 10/11/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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)," TO ESTABLISH A NEW SECTION
31-51 OF THE CITY CODE, TITLED "FOOD TRUCKS," REGULATING FOOD
TRUCKS AND FOOD TRUCK GATHERINGS WITHIN THE CITY OF MIAMI;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Food Trucks, as defined herein, are not a new method of food distribution,
but are a new method of food preparation, sale, and delivery that is gaining widespread
popularity within the nation and in Miami -Dade County; and
WHEREAS, it is the City of Miami's ("City") intent to regulate the conduct and the use of
Food Trucks and gatherings of the same throughout the City in order to ensure the health,
safety, and welfare of Food Truck operators and their Patrons, as defined herein; and
WHEREAS, the City aims to create an atmosphere conducive to making the Food Truck
industry and the brick and mortar restaurant industry work together more seamlessly; and
WHEREAS, the proposed amendment of Chapter 31, Article II of the Code of the City of
Miami, Florida, as amended ("City Code"), is in the best interest of local businesses, residents,
and visitors of the City; and
WHEREAS, in City Commission District 3, this amendment to the City Code would
interfere with the economic resurgence in the commercial areas of the established as well as up
and coming brick and mortar restaurants;
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 by adding Section
31-51 in the following particulars:'
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
' 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
unchanaed material.
City of Miami File ID: 4618 (Revision: 8) Printed On: 12/11/2018
ARTICLE II
IN GENERAL
Sec. 31-51. Food Trucks. Operating on Private Land.
(1) Intent: It is the intent of this Ordinance 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."
Definitions:
Food Truck: 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 Ordinance.
Food Truck Gatherings: Events consisting of a gathering of three (3) or more Food Trucks.
Patron: Person purchasing food from a Food Truck.
Truck: 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.
Van: 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.
(3) Requirements for Food Trucks.
a. 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:
i. a certificate of inspection by the Miami -Dade County Department of Health,
ii. a certificate of inspection by the Florida Department of Business and
Professional Regulation, Division of Hotels and Restaurants,
iii. proof of valid insurance,
iv. Vehicle Identification Number, and
V. a valid Peddler's BTR from Miami -Dade County.
b. 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.
c. Food Trucks are not permitted to operate within a five hundred (500) foot radius of a
food service, gasoline, natural gas, or other combustible energy source establishment, no
in T3 and T4 -R Transect Zones.
d. The property in which a Food Truck is parked must have an active Certificate of Use
("CU"). If there are no more than two (2) 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 (3) times per week and do not
park on-site overnight.
e. 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.
City of Miami File ID: 4618 (Revision: 8) Printed On: 12/11/2018
f. A site map for location and/or placement of Food Truck(s), occupied or vacant, showing
the property is outside the five hundred (500) foot radius as required by Section 31-51(3)(c)
of the City Code.
q. 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.
h. 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.
(4) 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
Dursuant to Chanter 62. Article XIII. Division 1 of the Citv Code. provided the Food Truck
Gatherinas shall:
a. be limited to one (1) Food Truck Gathering at the same location only once per
calendar month, for a maximum of three (3) consecutive days;
b. be strictly prohibited in T3 and T4 -R Transect Zones;
C. not permit the sale of alcoholic beverages from any Food Truck; and
d. 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.
5) A Temr)orary Event Permit for Food Truck Gatherinas shall be obtained for each temr)orar
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:
a. 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.
b. A schedule of events for the Food Truck Gathering.
C. Notification and sign -off from the Miami Police Department and Solid Waste
Department.
d. A traffic safety and security plan.
e. 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.
f. Copies of all State and County licenses of each of the individual Food Trucks
participating.
g. 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.
h. 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:
eneral placement of the individual Food Trucks (i.e. a mar) drawina of
Food Trucks as they would be situated on the site).
ii. Location of refuse and recycling facilities or receptacles.
iii. Location of sanitation facilities.
iv. Handling and disposal plans for fats, oils, and grease ("FOG").
V. Location of on-site and off-site r)arkina areas.
vi. Location of any lighting fixtures, if applicable.
City of Miami File ID: 4618 (Revision: 8) Printed On: 12/11/2018
vii. Location of rights-of-way, internal circulation of vehicles and people, and
of ingress and egress areas.
(6). Exemptions; waivers; prohibitions.
a. Exemptions: Private Property with over 250,000 square feet of usable land shall be
exempt from Section 31-51(3)(c) of the City Code.
b. Waivers: City property shall not be subject to this Section; however, Food Truck
Gatherings on City property shall be limited to one (1) time per month unless
waived by the City Commission at a duly noticed public meeting.
c. Prohibitions: Food Truck usage is prohibited in District 3.
(7). Enforcement.
Any violation of this Section is punishable by a fine of two hundred fifty dollars ($250.00) for a
first offense and five hundred dollars ($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.
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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 thirty (30) days after its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i ria i "ndez, Gity Attor ey 9/4/2018 i ria i "ndez, City Attor ey 10!112018
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: 4618 (Revision: 8) Printed On: 12/11/2018