TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: December 1, 2020
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ORDINANCE NO. 56-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 120, “OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS,” SECTION 120.01, “OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS,” TO UPDATE THE DEFINITIONS, MODIFY THE REQUIREMENTS TO OPERATE MOBILE FOOD TRUCKS WITHIN THE CITY, MODIFY THE LIMITATIONS AND PROHIBITIONS FOR THE OPERATION OF FOOD TRUCKS WITHIN THE CITY, AND ELIMINATE AND REPLACE CIVIL CITATIONS WITH GENERAL PENALTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING)
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Recommended Action:
Recommendation
Review and consider a City-initiated request for amend Chapter 120 of the Code of Ordinances - “Operation and sale of Food from Mobile Food Trucks” to bring the adopted regulations into compliance with State of Florida regulatory changes.
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Background:
The State Legislature adopted CS/HB 1193: Deregulation of Professions and Occupations, which became effective July 1, 2020. This legislation limits the ability of local governments to regulate food trucks. Specifically, municipalities are not allowed to require any additional permitting beyond the state requirements. Prior to the submittal of the subject request,
Mobile food trucks, which presently refers to mobile kitchens and canteen trucks, are regulated solely by the Code of Ordinances. There are no additional regulations or limitations provided in the Land Development Regulations. The operation of a mobile food truck is limited to commercial and industrial zoning districts.
The update to the Code of Ordinances brings the adopted regulations into compliance with State law, along with restructuring to improve clarity. Major changes include th...
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