(A) Local business tax receipt required.
(1) Mobile food vendors shall comply with all applicable state and local laws relating to the dispensing of food products.
(2) A mobile food vendor shall be required to obtain a local business tax receipt as provided for herein.
(3) Local business tax receipts are non- transferable. A local business tax receipt is valid at three locations the mobile food vendor plans to operate. If the mobile food vendor is operating on private nonresidential property, the mobile food vendor must submit proof of property owner permission, and comply with zoning requirements as required in this division, to the City of Pembroke Pines.
(4) A local business tax receipt, unless sooner suspended or revoked, shall expire on September 30 of each year. No local business tax receipt shall be issued for more than one year.
(5) Local business tax receipts shall be attached to the mobile food vendor unit where they are readily visible and shall include the name, mailing address, and valid phone number of the mobile food vendor unit owner and shall list the addresses and parcel identification numbers where the permit is valid.
(6) Pembroke Pines Fire Rescue/Fire Prevention Bureau shall inspect all mobile food vendor units and ensure compliance with all applicable federal, state and local fire safety statutes, regulations, ordinances, and codes as required and permitted by law. All mobile food vendor units obtaining a local business tax receipt pursuant to this section shall obtain a Fire Department fire and life safety inspection prior to issuance of said receipt. A Fire Department inspection shall be conducted annually thereafter in accordance with § 150.32, commencing one year after the initial date of the fire inspection. The fee schedule set forth in § 150.32, as amended from time to time, shall apply.
(7) Any mobile food vendor unit that has been issued a notice of health violation by the State of Florida, and on a subsequent inspection, a State of Florida inspector determines that the mobile food vendor has not corrected the violation(s), shall have its city issued local business tax receipt revoked and food service shall cease in the City of Pembroke Pines.
(B) Products permitted to be sold. No products other than foods may be sold, offered for sale, or dispensed in any fashion from a mobile food vendor unit within the city. Alcoholic beverages may not be sold from a mobile food vendor unit. This section is not intended to sanction the sale of products from vehicles in any fashion. Except as permitted herein, no sales of products, goods, or merchandise from vehicles is permitted within the city.
(C) Restrictions. Mobile food vendors are allowed on private property that is designated and used for commercial, industrial, recreational, or nonresidential purposes, subject to the following conditions:
(1) No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity, shall encroach onto any public street/right-of-way or easement, or onto any adjacent private property without express permission from that property owner.
(2) The mobile food vendor shall set up and locate the vehicle, wares, and/or any associated displays in accordance with the principal structure setbacks of the underlying property's land use designation.
(3) The mobile food vendor sales area shall not exceed more than three parking spaces or 600 square feet in area, whichever is greater. The mobile food vendor shall designate a portion of the sales area as a waiting area for patrons. Such designated area shall not conflict with traffic. In addition, one space/100 square feet of mobile vendor unit area shall be required for customer parking. However, at no time may the required number of parking spaces for the principal use of the property be rendered nonconforming due to vendor use.
(4) Mobile food vendor units shall not remain on the property overnight or when they are not in use by the mobile food vendor.
(5) All mobile food vendors shall operate in compliance with the city's noise ordinance, Chapter 96 of the City of Pembroke Pines Code of Ordinances.
(6) Mobile food vendors shall be prohibited from discharging fat, oil, grease, or wastewater into the sanitary sewer system. Waste shall be properly stored and disposed of at a properly designated location.
(7) All menus and signage shall be fully affixed to the mobile food vendor unit. Detached signs shall not be permitted.
(8) Mobile food vendors shall be permitted to conduct their operations between 7:00 a.m. and 9:00 p.m., provided that the approved restroom facilities are available to the patrons.
(D) Required submissions.
(1) A mobile food vendor proposing to sell food shall submit a copy of all permits and licenses required by the State of Florida, Broward County and the City of Pembroke Pines at the time of submission of a local business tax receipt application.
(2) The mobile food vendor shall provide a statement signed by each property owner indicating that the vendor has permission to vend on that site, along with the following:
(a) The property owner shall allow the vendor and vendor's patrons access to bathroom facilities, where available;
(b) The property owner shall comply with Chapter 94 of the City of Pembroke Pines Code of Ordinances regarding solid waste disposal and shall allow the vendor access to solid waste collection on the subject property, where available. If solid waste collection facilities are not available to the mobile food vendor, the mobile food vendor must remove solid waste from the subject property location daily;
(c) The property owner shall require that the vendors meet all applicable federal, state and local statutes, regulations, laws, ordinances, rules and codes; including but not limited to permitting requirements regarding specific business;
(d) The property owner shall acknowledge that she/he understands the regulations governing mobile food vendors and may be held responsible, along with the vendor, for any code violations;
(e) The property owner shall ensure that the property will be continuously maintained in a neat, clean, and orderly manner; and
(f) The property owner shall acknowledge that locating a mobile food vendor on private property may impact parking requirements, and that all approvals shall be subject to the city's parking code.
(3) The falsification of property owner's permission shall be subject to a civil fine of up to $250 for each occurrence.
(E) Standards. The following standards shall apply to all mobile food vendors and their respective mobile food vending units:
(1) The mobile food vendor unit shall not interfere with required parking, loading and unloading spaces, or the vehicular access to those spaces for the principal use.
(2) The mobile food vendor unit shall not block, damage, or interfere with required landscaping, buffers, or stormwater drainage systems on the subject property.
(3) The mobile food vendor unit shall not interfere with or block fire lanes on the subject property.
(4) Only one mobile food vendor shall be allowed on any one parcel less than one-half acre in size. No more than two mobile food vendors shall be allowed on any one parcel exceeding one-half acre in size. The Zoning Official may authorize and approve more than two mobile food vendors to operate on a single parcel on a case by case basis after review of the site plan.
(F) Ice cream trucks.
(1) Manner of stops. Ice cream trucks shall pull as far as practicable to the side of the right-of-way when stopping for the purpose of making sales and shall operate four-way flashers when so stopped. An ice cream truck shall vend only when the ice cream truck is lawfully stopped. An ice cream truck shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or side of the street. An ice cream truck shall not vend to a person standing in the roadway.
(2) In no event shall an ice cream truck stopped for the purpose of making sales prevent the passage of other motor vehicles on the right-of-way.
(3) Trash receptacle required. Each ice cream truck shall provide a trash receptacle for use of its customers. Prior to leaving each stop, the operator of the ice cream truck shall remove any litter left at the stop by customers.
(4) Hours of operation. Ice cream trucks may stop for the purpose of making sales only between the hours of 11:00 a.m. and 8:00 p.m.
(5) Ice cream trucks operating on private property in the same manner as mobile food vendors shall be subject to the mobile food vendor regulations as set forth in this subchapter.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)