§ 21-98. Mobile food vending.

(a)

Findings and intent. It has been found by the city commission that certain time, place, and manner regulation(s) of and/or for mobile food vendors is necessary to protect the health, safety, and welfare of the citizens, residents, and members of the general public. It is therefore the intent of the city commission and this section to recognize this specialized market segment; classify the types of permitted mobile food vending units; and establish appropriate standards allowing for the typical range of activities while mitigating any associated, undesirable impacts, which the city commission finds may be injurious to surrounding land uses and to the general public if not so regulated.

(b)

Applicability.

(1)

The provisions of this section shall not apply to restaurants, caterers, or temporary food service events as defined and governed by any State of Florida licensing and permitting requirements.

(2)

Where conformance to the hours of operation, set forth in subsection (d) of this section, would cause unnecessary hardship, the Development Special Magistrate may issue a variance, in accordance with the procedures outlined in section 21-422 of the ULDC, provided however that, in order to issue such a variance, the Development Special Magistrate must find the existence of all of the facts and conditions identified in subsections 21-422(a), 21-422(c), 21-422(d), 21-422(e) and 21-422(f) of the ULDC, and must find that the variance, if granted, will not cause a substantial adverse impact to the certain uses in question.

(3)

It shall be unlawful for any person or business to engage in mobile food vending within the municipal limits of the city unless the person or business possesses a valid mobile food vending permit issued pursuant to this section and pays applicable business tax as required by Chapter 9 of this Code.

(c)

Definitions. The definitions in Chapter 61C-1 of the Florida Administrative Code as it may now exist or be hereafter amended from time to time are hereby adopted. To the extent of any inconsistencies between the definitions in Chapter 61C-1 and in this ULDC, the definitions in this ULDC shall control.

(d)

Hours of operation and frequency.

(1)

Mobile food vendors located more than one hundred fifty (150) feet from property zoned AG1, RE, R-1, R-2 or RM zoning districts, or within a shopping center, shall be allowed to operate within the appropriate zoning district(s) within the City without restrictions to hours of operation.

(2)

Mobile food vendors located within one hundred fifty (150) feet from property zoned AG1, RE, R-1, R-2 or RM zoning districts, or not within a shopping center, shall be allowed to operate within the appropriate zoning district(s) within the City during the following hours.

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Monday 7:00 a.m. until 9:00 p.m.

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Tuesday 7:00 a.m. until 9:00 p.m.

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Wednesday 7:00 a.m. until 9:00 p.m.

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Thursday 7:00 a.m. until 9:00 p.m.

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Friday 7:00 a.m. until 9:00 p.m.

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Saturday 7:00 a.m. until 9:00 p.m.

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Sunday 7:00 a.m. until 9:00 p.m.

(3)

This distance shall be measured from location of the mobile food vendor to the property line of the property zoned AG1, RE, R-1, R-2, or RM zoning districts.

(e)

Mobile food vendor permit. All mobile food vendors shall obtain a mobile food vendor permit from the City in accordance with the following requirements and procedures:

(1)

Application for a permit required by this section shall be made to the city's Planning Division upon forms provided by the city. Such application shall contain or have attached thereto the following:

a.

The name, home address, business address, and business telephone number of the applicant.

b.

A description of the type of food or beverage to be sold.

c.

A license or set of licenses issued by the appropriate state agencies for operation as a mobile food vendor.

d.

A description of each proposed mobile food vending site.

e.

A sketch site plan for each proposed mobile food vending site to include, but not be limited to, the principal use, placement of the mobile food vendor, access points, driveway cutouts, and parking spaces.

f.

Authorization form(s) from the legal owner(s) of each proposed mobile food vending site. Each authorization form must also include the property owner's name, mailing address, and phone number.

g.

Proof of business insurance, issued by an insurance company licensed to do business in Florida, protecting the applicant from all claims for damage to property and bodily injury, including death, which may arise from operations under or in connection with mobile food vending.

1.

Mobile food vendors operating on City-owned property or within the public right-of-way as may be permitted by this section shall on the above referenced insurance name the City as an additional insured and shall be in at least the amount of three hundred thousand dollars ($300,000.00) each occurrence for injury and two hundred thousand dollars ($200,000.00) per person and with insurers that are acceptable to the City.

2.

If an event organizer of a special event approved by the City's Special Event Review Committee (SERC) names the City as an additional insured in at least the amount of three hundred thousand dollars ($300,000.00) each occurrence for injury and two hundred thousand dollars ($200,000.00) per person, then mobile food vendors approved as a part of the approved special event are exempt from the requirement of (e)(1)g.1.

(2)

Not later than ten (10) business days after the filing of a completed application for a mobile food vendor permit, the applicant shall be notified by the City's Planning Division of the decision on the issuance or denial of the permit. If the issuance of the permit is approved, the permit shall be issued. If the permit is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application. A permit issued pursuant to this section is valid for a period of one (1) year from October 1 to September 30.

The following may constitute grounds for denial of a permit to operate or renewal of an application:

a.

The proposed mobile vending activity does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire safety and health regulations;

b.

The applicant has knowingly made a material misstatement in the application of a license;

c.

The applicant does not possess clearance to operate from the appropriate state agencies.

d.

For any other good cause as may be determined by the City's Planning Division.

In the event the applicant does not receive notice within ten (10) business days of filing a completed application for a mobile food vendor permit, the application will be deemed denied.

(3)

Each mobile food vendor shall pay the corresponding fee for each service performed by city staff pursuant to this section:

a.

Permit, initial issuance/renewal: Forty dollars ($40.00)

b.

Site registration, per site: Ten dollars ($10.00)

(4)

Revocation. The City may revoke a mobile food vendor permit or site registration if the mobile food vendor has been convicted of, or has allowed, or caused or permitted to exist, one (1) or more of the grounds for revocation. However, the existence of one (1) or more of the grounds for revocation does not require revocation.

a.

Grounds for revocation: The activities described herein must be sufficiently traceable and/or relating to the particular mobile food vendor against whom action is being taken and also must be verified by law enforcement or code enforcement officers, depending on the activity.

1.

The mobile food vendor receives notice of City of Winter Haven Code Enforcement case(s) attributed to the mobile food vendor in any twelve-month period as result of the violation of any provisions of the City's Code of Ordinances or condition(s) of approval;

2.

Complaints verified by law enforcement, arising from adverse effects of the mobile food vendor's operation upon neighboring properties, including, but not limited to, excessive noise, parking, vandalism, or loitering by patrons;

3.

Failure to comply with any of the provisions of the fire prevention code after having received reasonable notice to eliminate or correct any condition existing on the property upon which a mobile food vendor is operating and determined by the City's law enforcement and/or code enforcement officers to be directly related to the mobile food vending operation;

4.

Failure to comply with any of the provisions of the health and sanitation ordinances of the City or laws of the state after having received reasonable notice to eliminate or correct any condition existing on the property upon which a mobile food vendor is operating and determined by the City's law enforcement and/or code enforcement officers to be directly related to the mobile food vending operation; and

5.

Failure to maintain appropriate licensing.

(f)

Locations.

(1)

Private property or non City-owned property.

a.

Mobile food vending shall be permitted on private property or non City-owned property within the C-1, C-3, C-4, I-1, I-2, PI, and PR zoning districts.

b.

Mobile food vending shall be reviewed by the Planning Commission as a special use approval on private property or non City-owned property within the C-2 and MX zoning districts.

c.

Mobile food vending is prohibited on unimproved property. The property shall be deemed improved, if at a minimum, the property has improved and safe ingress and egress and an area surfaced with asphalt, concrete, pervious all-weather hard surface, including pervious pavement, paver bricks, open-joint pavers or another durable material approved by the City engineer, sufficient to accommodate the mobile food vendor and three (3) parking spaces. In the C-1 zoning district, mobile food vendors are exempt from the three (3) parking spaces requirement.

d.

Mobile food dispensing vehicles shall have a clearance of at least ten (10) feet from all buildings, structures, vehicles, mobile food vendors, and any combustible materials.

e.

Mobile food vendors shall not be placed in any location that impedes the ingress or egress of other businesses or building entrances or emergency exits or within any visibility triangles in accordance with the City's ULDC.

f.

No more than two (2) mobile food vendors shall operate on each property at any one (1) time, except as may be approved by SERC as a mobile food vending rally. Applications for a mobile food vending rally permit shall be made to SERC. SERC shall impose reasonable conditions to ensure any impacts are mitigated to a reasonable degree.

(2)

City-owned property or public rights-of-way.

a.

Mobile food vending on City-owned property, excluding public rights-of-way, within the C-1, C-3, C-4, I-1, I-2, PI, and PR zoning districts as part of a special event only must be reviewed and approved by SERC. Any mobile food vending not approved by SERC is not permitted.

b.

Mobile food vending on public rights-of-way immediately adjacent to the C-1, PR, and PI zoning districts shall be reviewed and approved by SERC. Any mobile food vending not approved by SERC is not permitted.

c.

Mobile food dispensing vehicles shall have a clearance of at least ten (10) feet from all buildings, structures, vehicles, mobile food vendors, and any combustible materials.

(g)

Signage.

(1)

Mobile food dispensing vehicles are limited to signs mounted on the exterior of the MFDV with no dimension limitations and one (1) sandwich board sign with dimensions no larger than six (6) square feet. All signs mounted on the MFDV shall be secured and mounted flat against the MFDV and shall not project more than six (6) inches from the exterior of the MFDV. Sandwich board signs shall not obstruct or impede pedestrian or vehicular traffic.

(2)

Mobile food establishments are limited to one (1) sandwich board sign with dimensions no larger than six (6) square feet. Sandwich board signs shall not obstruct or impede pedestrian or vehicular traffic.

(h)

Prohibited conduct. No mobile food vendor shall:

(1)

Vend alcoholic beverages.

(2)

Leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from mobile food vending activities.

(3)

Allow any fluids to be discharged from a mobile food dispensing vehicle.

(4)

Sell anything other than that which the vendor is licensed to vend.

(5)

Vend without required insurance coverage.

(6)

Vend without appropriate licensure from all state, county, and local agencies or vend without appropriate payment of state and local business taxes.

(7)

Set up tables and chairs to be utilized by patrons as part of the vending operation.

(8)

Dump waste or wastewater on site, into the City's stormwater system, or at any other place in the City other than where licensed to do so.

(9)

Conduct mobile food vending without first registering and obtaining a permit and site approval.

(10)

Connect to permanent water and wastewater utilities.

(11)

Connect to permanent electric utilities via an extension cord greater than ten (10) feet in length. The extension cord shall not travel through pedestrian or vehicular traffic areas.

(12)

Vend on a public right-of-way or sidewalk unless as otherwise permitted by this section.

(13)

Vend on unimproved property unless as otherwise permitted by this section.

(14)

Fail to comply with any requirements imposed by this section.

(Ord. No. O-18-61 , § 3(Exh. B), 10-22-18)