(A) Purpose and intent. The purpose and intent of this section are to establish land use and zoning regulations for real property upon which a mobile vendor is authorized to operate within the jurisdictional limits of the City. This section is neither intended to prohibit mobile food dispensing vehicles from operating within the entirety of the city nor regulate the licensing, registration, permitting, and fees of mobile food dispensing vehicles preempted by the state under F.S. § 509.102.
(B) Definitions. As used in this section, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended.
ACCESSORY. Clearly incidental or subordinate to and customary in connection with the principal building or use on a developed site and which is located on the same lot or parcel with such principal building or use.
FOOD. All substances commonly used for human consumption as food, beverage, confectionery, or condiments, whether simple, mixed, or compound, and all substances or ingredients used in preparation thereof.
MOBILE FOOD DISPENSING VEHICLE. A mobile vending unit defined by F.S. § 509.102(1), and upon the effective date of this Section means any vehicle that is a public food service establishment and that is self-propelled or otherwise moveable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.
MOBILE VENDING UNIT.
(a) A motorized vehicle from which a mobile vendor offers for sale or sells goods or services to the public, such as a "food truck defined in § 185.006";
(b) A mobile food dispensing vehicle;
(c) A "vending cart" is defined as a pushcart-type vehicle propelled by human power which has been specifically designed or used for purposes of offering for sale or selling goods or services to the public, but not including, by way of example, racks, wheelbarrows, dollies, grocery carts, baby carriages, tables., chairs, benches, cabinets, or other furniture and boxes, buckets, tubs, or other containers or devices which normally rest on the ground, whether or not wheels have been attached such as "hot dog cart";
(d) A trailer that is pulled by a motorized vehicle and has no power to move on its own from which a mobile vendor offers for sale or sells goods or services to the public such as a "mobile catering kitchen" or a "food truck"; or
(e) Any other mobile device approved by the City Manager from which a mobile vendor offers for sale or sells goods or services to the public.
MOBILE VENDOR (i.e., mobile food vendors defined in § 185.006). Any person that sells or offers for sale services or goods from a mobile vending unit (not limited to mobile food dispensing vehicle as defined per F.S. § 509.102) within the City. References in this section to mobile vendors shall include operators of mobile food dispensing vehicles unless expressly stated otherwise.
SPECIAL EVENT. Any sale, grand opening, photo shoot, party, holiday celebration, bazaar, concert or other performance, fair, carnival, tent revival, fundraising event, art festival, race, tour, rally, parade, bicycle run, demonstration, contest, exhibition, block party, outdoor display or similar event or occurrence, including the use of tents, or other devices or structures to conduct, advertise or promote any such event occurring on the city or non-city-owned lands or in a public right-of-way such as a public or non-public street, shared-use path, or other public place or building, parking lot, vacant lot, where the event would substantially inhibit the usual flow of pedestrian or vehicular travel or which occupies any public area or building so as to preempt use of the said area by the general public for its intended use or which deviates from the established use of said area or building, but such term does not include the following:
(a) An event or function held within or on the grounds of a private residence or on the common areas of multifamily residential development, and which event or function is of private and nonprofit nature; or
(b) Any use or activity specifically approved by a development permit issued by the city or specifically permitted by the Land Development Code.
(C) Specific requirements. Mobile vendors not in compliance with the requirements of this section are prohibited and unlawful in the city. Mobile vendors shall be permitted under the following conditions:
(1) The mobile vendor, especially mobile food vendors, such as food trucks, shall provide copies of all applicable approvals and licenses and mobile food establishment permit for their mobile food dispensing vehicle from the State of Florida Department of Business and Professional Regulations (DBPR), Florida Department of Health, and Florida Department of Agriculture and Consumer Services.
(a) Food permits aren't necessary for other mobile vending, not regulated by DBPR, such as pet grooming, and selling vegetables and fruits.
(2) All mobile vendors shall obtain a City of Palm Bay Business Tax Receipt for operating within the city limits.
(a) State-licensed mobile food dispensing vehicles are exempted from the local Business Tax Receipt (see F.S. § 509.102).
(3) Mobile vendors providing services via a mobile vending unit by appointment at a customer's place of business or residence shall be permitted in the City, which shall include:
(a) Mobile pet grooming, car detailing, and similar services; and
(b) Mobile caterers who are hired for private catering purposes to serve guests of a catered event, so long as:
1. The mobile caterer is parked entirely on private property;
2. Service is limited to the guests of the catered event only; and
3. No payment transaction shall occur for individual orders taken by the mobile caterer.
(4) Mobile vendors providing services or selling goods via a mobile vending unit at a public special event shall be authorized to operate in the City pursuant to the issued special event permit.
(5) Mobile vendors providing services or selling goods via a mobile vending unit on private property shall not be permitted unless the property owner obtains a site plan authorizing accessory mobile vending sales on the property. In no case shall a mobile vendor be permitted to operate on the same parcel of real property for more than sixty (60) total consecutive or nonconsecutive days per calendar year.
(6) The mobile vendor (i.e., food trucks and food vending vehicles) shall contact your local fire safety authority to ensure your establishment meets the fire safety requirements as prescribed by the National Fire Prevention Association Standards (NFPA). The Local Fire Department shall ensure compliance with all applicable federal, state, and local fire safety statutes, regulations, ordinances, and codes. Mobile vendors shall make their vehicles available for inspection by the City of Palm Bay Fire Department at a location determined by the Fire Department.
(D) Mobile vendors operating a mobile vending unit including food trucks are prohibited under the following conditions:
(1) Municipally owned property, sidewalks, rights-of-way, easements, and in alleys, loading zone, or no parking zone. Except during city-organized events or as authorized by a public special event permit.
(2) Operating in a fire lane or blocking fire hydrants or any other fire protection devices and equipment, or Americans with Disabilities Act (ADA) accessible parking spaces and/or accessible ramps.
(3) To remove the wheels of a mobile vending unit.
(4) To operate on unimproved surfaces and abandoned or vacant business locations.
(5) No more than one (1) mobile vending unit shall be parked or in operation on a single property at any given time, except during public or private special events and city-organized events, or on approved site plans.
(6) To locate within fifty (50) feet of any flammable combustible liquid or gas storage and dispensing structure.
(7) To be located within fifty (50) feet of a single-family, multifamily residential lot unless separated and screened by a minimum six (6) foot high opaque wall.
(8) To be located within ten (10) feet of any building, or structure.
(9) The operation of a mobile vending unit must not obstruct or interfere with vehicular or pedestrian traffic, building access, fire lanes, crosswalks, driveways, fire hydrants, loading areas, stormwater drainage systems, or landscape buffers associated with the principal use. Specifically, mobile vending units must not enter or park upon any " no parking" area, loading zone, driveway, handicapped parking space, or designated public safety lane (e. g., fire lanes) or within twenty (20) feet of a crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage structure.
(10) In addition to the location of the mobile vendor (especially for food trucks):
(a) Mobile vendors are prohibited from serving food from a free-standing barbeque grill or fryer.
(b) Selling or distributing alcoholic beverages.
(c) Size. No food truck shall exceed a length of eighteen and one-half (18.5) feet or a width of ten feet, and shall not occupy required parking but can be used in excess parking areas of a business.
(d) For outdoor dining, one (1) ten (10) foot by ten (10) foot area, covered or uncovered, may be permitted to accommodate seating and tables per mobile food truck.
1. Outdoor dining areas including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters shall only be permitted if expressly authorized in a site plan or a special event permit.
2. No tables, chairs or other furniture or equipment intended to provide accommodations for the patrons of mobile food vendors may be placed in the public right of way.
3. Any canopies, awnings, or any other attachments must be supported entirely by the mobile vending unit and may not touch the ground.
(E) General requirements.
(1) The mobile vending unit must be self-contained and may not connect to city water or power during operation while located on public right-of-way.
(2) Mobile vendors may not operate in a stationary manner for more than twelve (12) consecutive hours.
(3) Mobile vendors shall be permitted to operate between the hours of 6:00 a.m. and 2:00 a.m., except as permitted by a city-sanctioned event or activity.
(4) All mobile vendors must ensure that individuals with disabilities have comparable access to mobile vending units. If existing designs cannot be modified to be accessible to people with disabilities, the method of providing service must be modified to become accessible. No object shall block any pedestrian pathway or ADA access.
(5) Selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive-up sales is prohibited from a mobile food dispensing vehicle.
(6) Mobile food vendors shall remove all waste and trash prior to vacating their location. Under no circumstances mobile food dispensing vehicles must not discharge waste, fat, oil, grease, or other similar substances from the vehicle. All such substances related to or generated from the vehicle shall be taken with the vehicle when hen vehicle leaves the subject property.
(7) The grounds around the mobile vending unit and within the vending space shall be kept free of litter, trash, paper, and waste at all time. Waste containers shall be provided, and all trash shall be taken with the vehicle when the vendor leaves or, with the permission of the property owner, placed inside a commercial dumpster in use and located on the site. Waste containers shall be weighted or otherwise secured in an upright position. The mobile vendor is responsible for containing and properly disposing of all solid waste and wastewater pursuant to local and state rules, regulations, and laws.
(8) No signs or signage, other than that which can be contained on the mobile vending unit and one sandwich board sign, of no more than twelve (12) square feet in area, shall be permitted, which may not be placed in such a manner as to interfere with pedestrian facilities or the right-of-way. Signs may not extend above the mobile vending unit.
(9) Amplified music or other sounds from any mobile vending unit or from audio equipment installed on the developed site by the property owner or person in charge of the mobile vending unit for purposes of vending, attracting, or encouraging the congregation of customers shall be prohibited.
(10) The mobile vendor must comply with the noise provision of the City Code. Portable generators must be securely affixed to the unit during operation. Generators may not exceed a rating of sixty (60) dBA pursuant to industry standard measurements. Idling of a mobile vending unit is prohibited while preparing or serving food. Exhaust from a generator and all mobile vending operations, including food preparation, must be directed away from the service window and adjacent sidewalk.
(11) The mobile vendor may not use any flashing or blinking lights or strobe lights. The mobile vendor may provide localized lighting on or in the mobile vending unit for the purpose of illuminating the customer ordering area to ensure customer safety, for the purpose of food preparation, and for the purpose of menu illumination.
(F) Penalties.
(1) Owners and operators of mobile vending units, and property owners on which such units operate, shall be joint and severally liable for any violations.
(2) If at any time the Florida Department of Business and Professional Regulation or Florida Department of Health revokes or suspends the mobile vendor's license, the city's mobile food truck permit shall be deemed to have been simultaneously revoked or suspended.
(3) In addition to the penalties authorized by (F)(1) and (F)(2), the City Manager may also suspend or revoke the property owner's site plan approval for accessory mobile vending use and/or special event permit, as may be applicable, upon a finding that a mobile vending unit was operating on the subject property in violation of this section. If revoked, the property owner shall be prohibited from seeking subsequent site plan approval for accessory outdoor sales or a special event permit for the subject property for a period of one (1) year from the date of the revocation.
(Ord. 2018-44, passed 10-4-18; Am. Ord. 2019-29, passed 5-2-19; Am. Ord. 2022-103, passed 10-20- 22)