Introduced by Councilmember Reggie Brown:
AN ORDINANCE RELATING TO MISCELLANEOUS BUSINESS REGULATIONS; AMENDING CHAPTER 250 ORDINANCE CODE; AMENDING SECTION 250.101 (DEFINITIONS) TO ADD A NEW DEFINITION FOR “FOOD TRUCK/TRAILER VENDORS”; AMENDING SECTION 250.117 (EXCLUDED AREAS) TO ADD A NEW SUBSECTION “E” TO PROHIBIT UNLAWFUL VENDING, PEDDLING, COMMERCIAL SOLICATIONS OR THE LIKE WITHIN 500 FEET OF A SINGLE-FAMILY RESIDENTIAL DWELLING, A RESIDENTIAL ZONING NEIGHBORHOOD OR A COMMERCIALLY ZONED NEIGHBORHOOD (CN); CREATING A NEW PART 12 (FOOD TRUCK/TRAILER VENDORS); CREATING A NEW SUBSECTION 250.1201 (LICENSES AND PERMITS;FOOD TRUCK/TRAILER VENDING AREAS); CREATING A NEW SUBSECTION 250.1202 (FOOD TRUCK/TRAILER VENDORS; IMMEDIATE CONSUMPTION OF FOOD; DISPLAY OF PERMITS; HOURS OF OPERATION; SELF-CONTAINMENT) CREATING A NEW SUBSECTION 250.1203 (WASTE MANAGEMENT); CREATING A NEW SUBSECTION 250.1204 (INSURANCE);CREATING A NEW SUBSECTION 250.1205 (VIOLATIONS); PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1. Chapter 250 (Miscellaneous Business Regulations), Ordinance Code, amended. Chapter 250 (Miscellaneous Business Regulations), Ordinance Code, is hereby amended to read as follows:
Chapter 250 - MISCELLANEOUS BUSINESS REGULATIONS
PART 1. – IN GENERAL
Sec. 250.101 – Definitions.
As used in this Chapter:
(a) Auctioneer means a person who manages or engages in the business of selling or offering for sale at public auction or public outcry tangible personal property for his own gain or for a fee for services rendered.
(b) Authority means the Downtown Development Authority.
(c) Department means the Neighborhoods Department.
(d) Director means Director of the Neighborhoods Department.
(e) Distribute means to give, offer, provide or offer to give, offer or provide, at a significantly reduced or no cost, any food, beverages, merchandise or services on private property or public sidewalks or property.
(f) Distributor means any person who distributes or offers to distribute to the public, at a significantly reduced cost or at no cost, any food, beverages, merchandise or services on private property or public sidewalks or property; provided however, that this definition excepts and excludes (1) any person on real property owned by a religious organization and motivated by bona fide religious beliefs as protected by the First Amendment to the United States Constitution, the Florida Constitution, and any Religious Freedom Restoration Act of the state or federal government and who is otherwise compliant with the Duval County Health Department requirements or, (2) any person on real property owned by such person who is otherwise compliant with the Duval County Health Department requirements.
(g) For the purposes of this Part, Duval County Health Department requirements include, but are not limited to, the requirement that a person shall not distribute food or beverage to any person unless a trash receptacle is located within 50 feet of the location of such distribution of any food or beverage, and shall not distribute any food or beverage to any person unless a restroom facility is available for the use by such person and unless the restroom facility is located within 100 feet of the location where the distribution of such food or beverage shall occur. The foregoing requirement regarding proximity to restroom facilities shall not apply to the feeding of the homeless pursuant to HYPERLINK "http://library.municode.com/HTML/12174/level3/TITVIBUTROC_CH250MIBURE_PT1INGE.html" \"TITVIBUTROC_CH250MIBURE_PT1INGE_S250.123FEHOBOFIREMO"
Section 250.123, Ordinance Code.
(h) Downtown sidewalk vendor means any person who distributes or offers to distribute, or sells or offers to sell food, beverages, merchandise or services on the public sidewalks in the downtown area, in accordance with Part 5.
(i) Food Truck/Trailer Vendor means a licensed, motorized truck or trailer, which is temporarily parked on a premise, to vend, sell, offer for sale, solicit orders, display or otherwise peddle food for human consumption to the public from a public place as authorized or prohibited in this Part.
(j)(i) Peddler means a person who sells or offers for sale merchandise or services or both by carrying any such merchandise if selling or offering to sell same, without operation from a fixed business location for the exhibition and sale of such merchandise or services or both.
(k)(j) Sidewalk vendor means any person who distributes or offers to distribute, or sells or offers to sell food, beverages, merchandise or services on or near public sidewalks.
(l)(k) Solicitor means a person engaged in soliciting as that term is defined in HYPERLINK "http://library.municode.com/HTML/12174/level/TITVIBUTROC_CH250MIBURE_PT7RESOPE.html" \l "TITVIBUTROC_CH250MIBURE_PT7RESOPE_S250.701DE"
(m)(l) Street vendor means a person engaged in the activities defined in Part 6.
(n)(m) Transient merchant means a person who sells or offers for sale merchandise at any place in the City temporarily and who does not intend to become and does not become a permanent merchant at such place and who, for the purpose of carrying on such business, hires, leases or occupies, either in whole or in part, a business location for the exhibition and sale of merchandise. The activities of a transient merchant take place on private property.
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Sec. 250.117. – Excluded areas.
(a) Unless a permit is granted pursuant to Part 5 of this Chapter, nothing in this Chapter shall grant the right to anyone to engage in vending, peddling or solicitation or like activities in City parks or within 500 feet of City parks without obtaining a permit required under "http://library.municode.com/HTML/12174/level2/TITXVIIILIRE_CH667PAVE.html" \ "TITXVIIILIRE_CH667PAVE"
(b) Nothing in this Chapter shall grant the right of anyone to engage in vending, peddling, commercial solicitation or the like in any area regulated by Part 5 of this Chapter without fully complying with the requirements of Part 5.
(c) Nothing in this Chapter shall grant the right to anyone to engage in vending, peddling, commercial solicitation, or the like in that area bounded by Florida Avenue, Talleyrand Avenue, the expressway and the St. Johns River.
(d) Nothing in this Chapter shall grant the right to anyone to engage in vending, peddling, commercial solicitation or the like on the premises of the convention center or on the sidewalk immediately adjacent to the convention center property or within 500 feet of the convention center.
(e) Nothing in this Chapter shall grant the right to anyone to engage in vending, peddling, commercial solicitation or the like within 500 feet of a single-family residential dwelling, a residentially zoned neighborhood, a commercially zoned neighborhood (CN) or a residential subdivision.
(f)(e) In the case of a special event sponsored by the City and at other times as directed by the Mayor for special occasions, the provisions and requirements of this Chapter shall not be applicable to persons who are participating in such special event or occasion, even if they would otherwise be required to be permitted under this Part, for as long as and with respect to the place where the special event or occasion is held. Nothing in this Chapter shall grant the right to anyone to engage in vending, peddling, commercial solicitation, or the like at a special event sponsored by the City without obtaining the necessary permits to engage in such activity at such special event.|
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PART 12. – FOOD TRUCK/TRAILER VENDORS
Sec. 250.1201. – Licenses and permits; Food Truck/Trailer vending areas.
(a) Licenses and permits. Food Truck/Trailer vendors shall apply for, obtain and clearly display all required State of Florida, and City of Jacksonville permits, licenses and business tax receipts for an assigned location for the temporary location of a food truck/trailer vending area. This location shall meet the standards set forth in this Part. This location shall not be assigned to any other food truck/trailer vendor as long as the permit is valid. The food truck/trailer vendor must provide a site plan of the location with application. Any such application shall be reviewed by the Department to assure compliance with this Part before being submitted to the Tax Collector for payment.
(b) Vending areas. Food Truck/Trailer vendors shall only vend food or nonalcoholic beverages from a food truck/trailer near a curb space, and only where the zoning is commercial or industrial.
(c) The Food Truck/Trailer Vendor shall not impair, impede, endanger or interfere with pedestrian or vehicle traffic.
(d) A Food Truck/Trailer is not allowed to locate:
(1) Along any divided road which does not have curbs and sidewalks alongside such road; on or in any median in any road; within any area which would block the view of traffic or traffic signals or traffic signs
(2) Within 10 feet of any driveway or curb cut;
(3) Within 15 feet of any crosswalk; any building entrance or exit or any walk which leads directly from a building entrance or exit;
(4) Within 20 feet of any bus stop;
(5) Within 3 feet of any parking space parallel to the road;
(6) Within 25 feet of any intersection of a public street, right-of-way, driveway or alleyway;
(7) Within 75 feet of any vendor who has been granted an assigned location permit pursuant to HYPERLINK "http://library.municode.com/HTML/12174/level3/TITVIBUTROC_CH250MIBURE_PT3SIVE.html" \l "TITVIBUTROC_CH250MIBURE_PT3SIVE_S250.301VEAR" Section 250.301(a);
(8) Within 10 feet in all directions of any fire hydrant;
(9) Within 300 feet of the property line of a single-family residential dwelling, and any property on which is located any established permanent business which sells the same types of products or services as requested to be sold by the Food Truck/Trailer Vendor.
Section 250.1202. Food Truck/Trailer Vendors; Immediate Consumption of Food; Display of Permits; Hours of Operation; Self-containment.
(a) If propane or a combustible fuel is used, the food truck/trailer vendor shall comply with all Duval County Health Department regulations and Jacksonville Fire Department regulations.
(b) The Food Truck/Trailer vendor shall only sell food and beverages that are capable of immediate consumption.
(d) The Food Truck/Trailer Vendor shall maintain and display all required state and local permits and business licenses.
(e) The hours of operation for a Food Truck/Trailer Vendor shall cease at 12:00 midnight eastern time, and shall resume its hours of operation no earlier than 6:00 a.m. eastern time.
(f) All Food Trucks/Trailers Vendors shall be limited to a self-contained Truck/Trailer.
(1) Self-contained shall mean that the truck/trailer is not connected or attached to any building or other structure, and does not receive electrical power or water from any building by means of wires, hoses or other connections.
(2) Each Food Truck/Trailer shall be accompanied by a maximum of two ice chests, coolers or other ice maker, provided that a proper trash receptacle as required by the Duval County Health Department may also accompany the Food Truck/Trailer.
(3) Any cooking, heating, warming, freezing or cooling unit must be an integral part of the Food Truck/Trailer.
Section 250.1203. Waste Management.
The Food Truck/Trailer vendor is responsible for the proper disposal of all waste and trash associated with the permitted operation. Vendors must maintain all areas within 15 feet of the food truck/trailer at any time. The Food Truck/Trailer vendor shall properly remove any waste or trash within the distances set forth at the end of each day or as needed to maintain the health and safety of the public whether or not caused by the vendor or any customer.
Sec. 250.1204. Insurance.
Each Food Truck/Trailer vendor shall obtain a general liability insurance policy in the amount of $200,000 with the City as an additional named insured, and shall present acceptable proof of such insurance to the appropriate permitting agency before any vending activity begins.
Sec. 250.1205 Violation.
It shall be unlawful and a class C offense against the City to sell, or offer for sale, any food or beverage, from a Food Truck/Trailer within the City of Jacksonville without first obtaining the required state license, and local permit therefor from the Tax Collector as provided in Part 1 of this Chapter.
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Effective Date. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.