On September 4, 2018, City Council adopted Ordinance No. 2018-2134 which established guidelines for mobile food vending within the city. Earlier this year, the Florida Legislature passed legislation which created Section 509.102, Florida Statutes, regarding mobile vending. The newly created section pre-empts local governments from requiring vehicles that meet the state definition to be registered and allows for the vehicles to operate in the downtown and commercial areas without approval. In order to comply with the new provisions, an amendment to the City’s current ordinance is needed and provides for the following:
- Mobile food dispensing vehicles shall be exempt from the registration and permit requirement as currently outlined in the Code of Ordinances;
- Mobile food vendors operating from mobile food dispensing vehicles may only operate on public ways in the Downtown Zoning District or other commercial zoning areas of the City, and on such other public properties specifically authorized by approval of the City;
- No mobile food vendor shall operate on public property or public ways in areas of the city zoned for residential use or adjacent to residential dwellings;
- Creates a definition for “mobile food dispensing vehicle.”
A proposed ordinance was presented to City Council for consideration at your meeting on October 6, 2020 but was tabled after discussion regarding compliance with current city restrictions and mixed-use properties. The City Attorney has researched the matter and an updated proposed ordinance is attached for Council's review and approval.