AGENDA SUMMARYThe City of Daytona Beach

DEPARTMENT/DIVISION:Development and Administrative Services, Planning Division

STAFF CONTACT:James Morris, Deputy City Manager, Development Services

ITEM TITLE:Code of Ordinances Text Amentment - Mobile Food Vendors

Meeting Date:

First Agenda Action:

Second Agenda Action:

06-03-20

06-03-20

06-17-20

ACTION (check one): Presentation II Discussion II Resolution || Ordinance ^Resolution - PUBLIC HEARING U Ordinance on first reading - PUBLIC HEARING

IS ITEM BUDGETED: YES D NO ̂ BUDGET $.TOTAL COST $ 0

VISION PLAN/STRATEGIC PLANNING INITIATIVE: 2008 Economic Development Vision Strategies:No. 1 - Encourage the City to use its resources to provide friendly and expeditious business processes. Make iteconomically attractive to do business in Daytona Beach;

BACKGROUND: Ordinance - amending Ordinance 19-37, Section 3. Code of Ordinance, Chapter 103-2fn)f3)and 103-3, to remove the sunset provision for every mobile vendor license to expire on June 19, 2020.

STAFF/BOARD RECOMMENDATION: Planning Director recommends approval.REVIEWED BY AS REQUIRED:

DEPT./DIVISION HEAD

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DATE:

PURCHASING

DATE:

LEGAL

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CITY MANAGER

DATE:

Updated 01/11

The ClTi' OF DAYTONA BEACH"THE WORLD'S MOST FAMOUS BEACH" -

MEMORANDUM

DATE: June 2, 2020

TO: James V. Chisholm, City Manager

FROM: James Morris, Deputy City Manager, Development St

SUBJECT: Amendment to Ordinance 1 9-37 and Code of Ordinance, Shapter 103

The City's Legal Department recently informed Planning staff that Ordinance 19-37, creatingChapter 103 in the Code of Ordinance (COO), to allow mobile food vending as a temporary usein the City would sunset on June 19, 2020. Chapter 102 and 103 implemented regulatory andlicensing requirements for Mobile Food Vendors to work in conjunction with the Use Tables inthe Land Development Code allowing mobile food vending as a temporary use in all zoningdistricts. Since the adoption of the regulations to allow temporary mobile food vending in theCity, staff has not received any complaints or issues regarding the use.

There are currently eight active mobile food vending licenses in the City and two additionallicenses are pending. If the City Commission wishes for mobile food vending to continue as atemporary use the Commission should amend Ordinance 19-37 and COO, Chapter 103-2(n)(3)and 103-3 to remove the provision that requires mobile food vending licenses to sunset on June19, 2020. A copy of the proposed amendment is attached.

Planning Departmen+ » P.O, Box 2451. Daytona Beach, Florida 32115-2451 ® 386/671-8020www. codb. us

ORDINANCE NO. 2020-

AN ORDINANCE AMENDING CITY CODE SECTION 103-2TO REVISE MOBILE FOOD VENDOR LICENSECONDITIONS; REPEAL CITY CODE SECTION 103-3, WHICHPROVIDED FOR AN AUTOMATIC REPEAL OF CITY CODECHAPTER 103 EFFECTIVE JUNE 19, 2020; REPEALING ALLORDINANCES IN CONFLICT HEREWITH; AND PROVIDINGAN EFFECTIVE DATE.

WHEREAS, City Code Chapter 103 sets forth regulations applicable to mobile

food vending, which apply in conjunction with zoning district-based restrictions on mobile food

vending as a temporary use in the City Land Development Code; and

WHEREAS, Section 103-3 of Chapter 103 of the City Code is a sunset provision,

pursuant to which Chapter 103 will automatically repeal on June 19, 2020;and

WHEREAS, the City Manager recommends the repeal of the sunset provision, and

in conjunction therewith the revision of provisions of Section 103-2 establishing license duration

and other license conditions.

NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF

DAYTONA BEACH, FLORIDA:

SECTION 1. Section 103-2 of Chapter 103 of the City Code is hereby amended to

read as follow [underline indicates added text; strike through indicates deleted text]:

Sec. 103-2. Mobile Food Vending.

*** [Omitted text remains unchanged.]

(n) Mobile Food Vendor License Required.

*** [Omitted text remains unchanged.]

(2) A mobile food vendor license fee in the amount of $100. 00 for each mobilefood vendor vehicle or food trailer to be operated by a mobile food vendor shallbe paid prior to the issuance or renewal of a license. The fee may be modifiedfrom time-to-time by resolution adopted by the city commission.

(3) Every mobile food vendor license and license renewal shall expire onSeptember 30( of the fiscal year jn which it was issued, issued under theprovisions of this article -expire on -June 19, 2020 pursuant to the sunsetprovision in section 3 below.

*** [Omitted text remains unchanged.]

(p) Licensing Requirements. Applications for mobile food vendor licenses andlicense renewals shall be made on fonns furnished by the city3_which and which

application when completed shall-; at a minimum include:, contain:

(1) The applicant's full name and residential address;

(2) The business name under which the applicant will be operating and the businessaddress, if applicable;

(3) If the applicant is a corporation or other business entity, whether the applicant isregistered to do business in Florida;

(4) A brief description of the type of mobile food vendor vehicle or food trailer to beutilized;

(5) The license or registration number of each mobile food vender vehicle or foodtrailer from which sales will be made (if licensed to travel on public roads);

(6) The applicant must provide Documented proof that all other appropriate state andlocal licenses and permits have been acquired at the time of issuance of themobile food vendor license; andT

(7) The applicant must provide Documented_proofthat all appropriate taxes (such asthe local business tax) have been paid at the time of issuance of the mobile foodvendor license. The business tax receipt issued by the city must be displayed bythe permittee when conducting mobile food service operations.

SECTION 2. Section 103-3 of Chapter 103 of the City Code, which provided for

the automatic repeal of Chapter 103 effective on June 19, 2020, is hereby deleted in its entirety.

Section 103-3 fonnerly read as follows [strike through indicates deleted text:

See. 103 3. Sunset Provision.

This chapter shall be automatically repealed on June 19, 2020, unless further extendedby the City Commission.

repealed.

SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby

SECTION 4. This Ordinance shall take effect immediately upon its adoption.