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.

Food truck gatherings means events consisting of a gathering of three or more food trucks.

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.

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 may only be operated with a clear space distance of no fewer than ten 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.

(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;

c.

Be located in a T3 or T4-R transect zone; or

d.

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.

(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 special event permit for food truck gatherings issued by the city manager or designee pursuant to chapter 52 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 special event permit for food truck gatherings shall be obtained for each special event site on an annual basis. A special 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 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 special 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:

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.

(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 five adjoined spaces to be used by food trucks.

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 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 7:00 a.m. to 10:00 p.m. 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 subsection 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.

(h)

App-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 ("I-95") to the West, as illustrated by the map provided in Exhibit "A", attached and incorporated.

c.

Mobile operations are permissible only on private properties 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.

g.

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.

j.

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.

(3)

Application and requirements to obtain a 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 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.

(Ord. No. 13796, § 2, 10-11-18; Ord. No. 13901, § 2, 5-14-20; Ord. No. 13993, § 2, 4-22-21; Ord. No. 14115, § 2, 10-13-22; Ord. No. 14249, § 2, 1-11-24; Ord. No. 14402, § 2, 10-9-25)

Secs. 31-52—31-75. - Reserved.

ARTICLE III. - CONVENIENCE STORE SECURITY[3]

Footnotes: --- (3) ---

State Law reference— Convenience store security, F.S. § 812.171 et seq.