AGENDA MEMORANDUM

 

 

MEETING DATE:   January 12, 2009        

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance amending the Code of Ordinances - Chapter 25 Land Development Code, Article IV. Land Development Code, Section 25-292 Supplemental District Requirements (15) Vending private property

 

 

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the referenced amendment to the Code of Ordinances for Chapter 25 Land Development Code, Article IV. Land Development Code, Section 25-292 Supplemental District Requirements.

 

Analysis:

On November 13, 2008, the Planning Commission held a public hearing on the amendment requested by staff, and, by a vote of 6 to 0, recommended approval of the amendment.

 

This amendment provides standards for vendors operating on private property in the City of Leesburg under the Land Development Code. The recommended standards are a result of numerous requests for this activity from the private sector and the review of similar regulations of other communities. The proposed amendment would provide for minimum standards for this activity on private property with in the City that would protect the health, safety, and welfare of our citizens.

 

Options:        

1.   Approve the recommended amendment to the Code of Ordinances Chapter 25 Land Development Code.

2.   Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is a minimal positive fiscal impact to the City.

 


 

Submission Date and Time:    1/21/2009 4:23 PM____

 

Department: Community  Development

Prepared by:  Bill Wiley, AICP                     

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X__  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW______

 

Finance  Dept. ____________JB_____                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ORDINANCE NO. _____      

 

AN ORDINANCE AMENDING THE CITY OF LEESBURG LAND DEVELOPMENT CODE CHAPTER 25, ARTICLE IV. LAND DEVELOPMENT CODE, SECTION 25-292 SUPPLEMENTAL DISTRICT REQUIREMENTS BY ADDING (15) VENDING PRIVATE PROPERTY; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

            BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

Chapter 25, Article IV. Land Development Code, Section 25-292 Supplemental District Requirements of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended as follows:

 

ARTICLE IV.

Sec. 25-292 Supplemental District Requirements

(15)         Vending Private Property. The City Commission expressly finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on private property may pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Leesburg. It is the purpose and intent of the City Commission, in enacting these requirements, to provide those persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.

a.      Definitions

1.      “Business owner” means any person, firm, or corporation, which owns or controls any interest in any business engaged in vending as defined in Subsection 8. of this section.

2.      “Commissary” means a food establishment in which food, containers, equipment, or supplies are stored or handled for use in a motorized food wagon or conveyance.

3.      “Conveyance,” as used in this chapter, means any vehicle approved for the referenced use (except motorized food wagons, as defined below), trailer, cart, or wagon, with wheels, which may be moved from one place to another under its own power or by other means.

4.      “Linear frontage” is the method used to determine distances as used in this chapter.

5.      “Mobile food vendor” means any person as defined in this chapter, who owns, controls, manages, and/or leases a motorized food wagon or conveyance; and/or contracts with a person(s) to drive, operate, prepare foods, and/or vend from a motorized food wagon or conveyance.

6.      “Motorized food wagon” means any vehicle as defined in Section of 324.021(1) of the Florida Statutes, which is equipped and used for retail sales of prepared, pre-packaged, or unprepared, unpackaged food or foodstuffs of any kind on property within the City of Leesburg. “Persons” means any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of motorized food wagons and conveyances.

7.      “Vend” or “vending” means the sale of any goods, wares, merchandise, prepared, pre-packaged, or unprepared, unpackaged food or foodstuffs of any kind from private property. Vending from an approved motorized food wagon generally has the following characteristics:

i.       Food is ordered and served from a take-out counter that is integral to the motorized food wagon and there is typically a space for customer queuing;

ii.      Food is paid for prior to consumption;

iii.     Food and beverages are served in disposable wrappers, plates, or containers; and

iv.     Food and beverages are prepared and sold for off-site consumption.

                           9.   “Vendor”/”operator” means any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any goods, wares, or merchandise, or drives, operates, vends, and/or prepares food on or from an approved motorized food wagon or conveyance.

 

b.      Regulation of sales.

 

1.   It is unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle, motorized food wagon, or conveyance parked, stopped, or standing upon any private property within the City of Leesburg except in accordance with all applicable provisions of this code.

2.   The sale or distribution of alcoholic beverages is prohibited.

 

c.      Permit to operate.

 

1.   A person desiring to engage in a vendor operation, as defined by this chapter, shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the City of Leesburg. Such application shall be accompanied by a non-refundable, non-transferable application fee in an amount as may be established by resolution of the City Commission. Any such permit shall be required to be renewed annually and a separate non-refundable, non-transferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. There must be a valid permit present whenever vending is taking place.

                                                                                      i.      Every vendor shall obtain a City of Leesburg Business Tax receipt.

                                                                                    ii.      As part of the permit to operate application, the vendor or business owner shall provide the following:

1)            Proof of current vehicle registration and a copy of an applicable vehicle insurance policy for any vehicles used in the vending activity.

2)            The vehicle to be used for the vending meets fire safety requirements of code for cooking etc..

3)            Approval by the City of the design of the vehicle to be used for the vending in order to assure fire safety requirements of codes.

4)            Four photographs (showing different exterior views) of each motorized food wagon or conveyance. , complete with any awnings or shade structures in the open position.

5)            A copy of a current county and state permit for any food service vending operation as required.

6)            A copy of the vendor or business owner’s current business tax receipt.

7)      Vendor’s must show proof of a current payment to a commissary as required as per the Florida Division of Hotels and Restaurants.

8)      An affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site;

9)      A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, sidewalks, driveways, parking spaces, traffic controls, and improvements, and the location or areas where the proposed vending activity, structures, and improvements related to the vending activity will be located upon the site; and

10)    An affidavit from the business or location providing the required restroom facilities for food service workers, stating the hours that those facilities are being made available to the mobile food vendor.

iii.  The following may constitute grounds for denial of a permit to operate:

1)      The vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations under State law and this code;

2)      The applicant has, within three years immediately preceding the date of filing of the application, had a permit to operate, vendor’s license, or related permit, which was issued within the state of Florida, suspended or revoked;

3)      The applicant has knowingly made a material misstatement in the application for a permit to operate;

4)      There have been excessive calls for service to the Leesburg Police Department within the twelve months preceding the application with inadequate response by the vendor or business owners or operators, involving the commission of crimes, disturbances, public nuisances, or applicable City Ordinance violation investigations, which are located, committed, or generated on the premises of the vending operation.

6)      Failure to obtain clearance from county and state permit for any food service vending operation as required.

iv. The applicant may appeal the decision to deny the permit to the   Board of Appeals with in thirty days of denial.           

d.      Location.

 

1.     A vendor may locate on private property subject to the following conditions:

            i.    Sales shall be allowed on any developed lot adjacent to collector or arterial street located in an office, commercial or industrial zoning district that is outside of the Central Business District and the Historic District;

            ii.   The vendor shall be setback within the rear ten feet of the required fifty foot front setback or the existing front setback established by the principal use on the site whichever is greater;

iii.   The vendor shall be prohibited from selling or distributing any type of glass container;

 vi.   Signs shall not exceed a maximum ten (10) square feet for all total signs used in conjunction with the vending operation electronic message center signs shall be prohibited where visible from a public roadway;

   vii.   The vendor shall provide a sworn statement from the property owner and the vendor on a form provided by the city indicating that the vendor has permission to vend on that site, along with the following:

                     a)        The property owner shall be required to allow the vendor's patrons access to all bathroom facilities;

                     b)       The property owner shall state that the vendor shall meet all local, state, and federal regulations, ordinance, statutes and laws in regards to their specific business;

                     c)        The property owner shall state that they understand the regulations governing vendors and will be held responsible, along with the vendor, for any code violations;

   viii.   Only one (1) vendor shall be allowed on any individual zoning lot;

 ix.   The vending is incidental to a primary retail use of the property which must has a valid City of Leesburg business tax receipt for retail sales;

x.   A vendor shall not be the primary use of a parcel unless that parcel is developed in accordance with the standards of the City’s Land Development Code for that use and the zoning designation for that parcel.

 xi. A vendor shall not be permitted as an accessory use to a   stand-alone parking lot.

 xii. A vendor cannot utilize, or be located on, parking spaces required for the primary use at that property.

xiii.   A vendor cannot be located on a vacant, undeveloped parcel or lot.

 xiv. A vendor must be located on a paved concrete or asphalt   parking surface.

xv. A vendor cannot interfere with access, aisles, circulation, driveways, or fire lanes and hydrants.

xvi.  A vendor cannot interfere with pedestrian movement or create a pedestrian hazard.

 xvii. All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period.

 

e.        Exemptions. The following are exemptions from the requirements of this ordinance:

 

1.     Any person engaged in vending conducted in connection with the operations of a state-certified open-air market or an authorized street fair or event under a special event permit, (wherein such vending is authorized),  lease, license, agreement, or other written authorizations issued by the City of Leesburg.

2.     Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.

             

              f.        Condition/appearance of site.

 

1.     The site shall be maintained in a safe and clean manner at all times.

2.     No tables, chairs, fences, free standing shade structures except as provided in g.8 below, or other site furniture, (permanent or otherwise) or freestanding signs shall be permitted in conjunction with the vendor.

3.     Should any other site improvements be needed for on-going vending operations, the vendor shall be required to apply for appropriate permits to ensure public safety and consistency with applicable building and zoning regulations.

4.     Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.

 

g.        Condition/appearance of motorized food wagon and conveyance.

 

1.     The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.

2.     The required motorized food wagon or conveyance used in the course of vending, where possible, shall be entirely self-sufficient in regards to gas, water, and telecommunications. Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.

3.     The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.

4.     Any shade covering (awning) shall not exceed the size of the cart by more than three (3) feet and shall be required to be attached to the cart.

5.     Concealment of the trailer hitch is required for safety and appearance.

6.     If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) or electronic changeable copy and they must be concealed.

7.     Maximum cart size: W=10' × H = 8' × L = 20'

8.     Any umbrella with seating shall not exceed the size of the cart and shall be limited to one on site which must be within five feet of the cart.

       

 

 

Diagram Typical Vendor Wagon-Closed Trailer 

 

 

FVendor3.jpg (9775 bytes)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.         Lighting

The vendor shall install adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

 

j.         Sanitation.

 

1.  All motorized food wagons or conveyances shall operate out of a commissary pursuant to county and state health and safety codes.

2.     All motorized food wagons or conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the vendor of the motorized food wagon or conveyance shall pick up all refuse generated by such operation within a twenty-five foot radius of the vehicle daily. No vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.

3.     A motorized food wagon or conveyance shall comply with county and state health and safety code regarding the availability of adequate toilet facilities for use by food service personnel.

 

k.        Safety and security.

 

1.     No vending shall be permitted except after the motorized food wagon or conveyance has been brought to a complete stop and parked in accordance with the requirements of d. Location of this code.

2.     The vendor shall install signage in a visible location indicating that loitering is not permitted and customers may only remain on the lot for up to fifteen minutes after receiving their food.

3.     The vendor shall enforce the no loitering provisions of this code.

 

l.         Applicability of regulations to existing business.

                  The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law.

 

        m.       Penalties.

                  Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is subject to the following penalties:

                  1.    Fines.

i.   Violations are subject to the administrative enforcement provisions of this code and the fines established in this section of this code;

2.    Suspension/revocation of permit to operate.

i.    Procedure.

In the event of a violation of the regulations of this chapter, the City Manager or his/her designee shall issue a notice of intent to suspend or revoke the permit to operate. The vendor shall have the right to request a hearing, as provided by code, within ten days of service of the notice of intent. If no hearing is requested, the permit to operate shall be revoked or suspended upon the expiration of the appeal period set forth in code.

ii.   Basis for Suspension/Revocation of Permit to Operate.

1)  Any permit to operate may be suspended and/or revoked by the City Manager or his/her designee after a review, where it is determined that:

      a)   The vendor has violated the provisions of this chapter; or

      b)   The vendor has committed any act or engaged in action, which would constitute grounds for denial of a permit to operate pursuant to this chapter; or

d)  The vendor has engaged in fraud, misrepresentation, or false statements in applying for a permit under this ordinance or in conducting the vending operation or activity; or

e)   The vendor has failed to correct a violation under this chapter within the time period ordered by the city; or

f)  The vendor has operated or continued to operate without a permit to operate or after a permit to operate has been suspended or revoked.

n.        Enforcement.

           The provisions of this chapter may be enforced by any police or code enforcement officer, or the City Manager or his/her designee.

            

 

SECTION II.

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

 

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

This ordinance shall become effective upon its passage and adoption according to law.

 

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                    day of                                    , 2009.

 

 

THE CITY OF LEESBURG, FLORIDA

 

 

BY:                                                                 

Mayor

 

 

Attest:                                                                        

City Clerk