Miami-Dade Legislative Item
File Number: 030953
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File Number: 030953 File Type: Ordinance Status: In Draft
Version: 0 Reference: Control: Governmental Operations and Environment Committee
File Name: MOBILE FOOD VENDING STANDS Introduced: 4/1/2003
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 6
Notes: Title: ORDINANCE PERTAINING TO ZONING; CREATING SECTION 33-14.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO MOBILE FOOD VENDING STANDS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Governmental Operations and Environment Committee 5/13/2003 2D Tabled P
REPORT: Commissioner Sosa initiated the discussion regarding this proposed ordinance by questioning the financial impact and other implications of this proposal and by emphasizing the need to establish uniform standards to protect small food vendors who may be affected. Mr. Al Torres, Assistant Director for Zoning, Department of Planning and Zoning responded to questions from Commissioner Martinez regarding the existing ordinance. It was moved by Commissioner Diaz that the foregoing ordinance be laid on the table. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 5-0. Commissioner Diaz noted, for the record, that this proposed ordinance was laid on the table, with an understanding that it could be remanded for committee review once concerns shared by committee members regarding the lack of uniform criteria and standards to protect small food vendors were addressed.

Board of County Commissioners 4/10/2003 13AA Adopted on first reading 4/15/2003 P
REPORT: The public hearing for the foregoing proposed ordinance was scheduled for the Governmental Operations and Environment Committee meeting of April 15, 2003.

Board of County Commissioners 4/8/2003 13AA Carried over 4/10/2003
REPORT: (NOTE: See Legistar Meeting Key #1292.)

County Attorney 4/1/2003 Assigned Governmental Operations and Environment Committee

County Attorney 4/1/2003 Assigned Joni Coffey

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; CREATING SECTION 33-14.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO MOBILE FOOD VENDING STANDS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-14.1 of the Code of Miami-Dade County, Florida is hereby created as follows:
>>Sec. 33-14.1. Mobile food-vending stands.

Notwithstanding anything contained within this chapter and in this code to the contrary, mobile food-vending stands located outside the principal building shall be permitted in conjunction with free-standing buildings which exceed 25,000 square feet gross floor area in the BU-1A, BU-2, BU-3 and GP districts subject to the following limitations:

(a) The owner of the mobile food-vending stand shall obtain an occupational license as well as a Certificate of Use, both of which shall be affixed to the food stand. The Application for a Certificate of Use shall be accompanied by a written lease, contract, resolution or other similar document which evidences the authorization for the vendor to operate the mobile food-vending stand.
(b) The owner of the mobile food-vending stand shall operate the food stand within 60 feet of the main entrance of the building being served.
(c) The mobile food-vending stand shall include a waste receptacle and shall be designed and operated so as to prevent and eliminate the scattering of food, beverage containers, paper products, etc.
(d) The mobile food-vending stand shall be removed daily from outside the premises and shall be stored within an enclosed building during the hours that the use of the principal building is closed, or physically removed from the premises.
(e) The mobile food-vending stand shall not be placed within a public right-of-way, or in a parking space, in a driveway or on a sidewalk.
(f) The mobile food-vending stand shall not block accessibility for individuals with disabilities.
(g) No more than two mobile food-vending stands shall be authorized for any one free-standing building.

Failure to comply with the terms and conditions stated in this section shall be cause to revoke the Certificate of Use for the mobile food-vending stand.

For purposes of this section the term "mobile food-vending stand" shall be defined as a portable, non-motorized structure which stores, prepares and serves food and/or beverages to the public.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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