ANNA MARIA – City officials are pumping the brakes on their efforts to create a designated food truck area at the northwest end of Bayfront Park.
With potentially impacted residents and property owners expressing opposition and city commissioners voicing concerns, further commission discussion and decision-making has been delayed until Oct. 13 at the earliest.
The designated food truck area is the city’s response to a state law enacted by the Florida Legislature and Gov. Ron DeSantis in 2020 that gives the state the sole authority to make regulations regarding food trucks and other mobile food dispensing vehicles.
The state law prohibits local governments from enacting or maintaining outright bans on mobile food dispensing vehicles and prohibits local governments from requiring non-state-issued licenses, registrations, permits and fees for food truck operations.
In the past, the city required food truck operators to acquire a special permit from the city, which is no longer allowed by the state.
When first discussing the need for a designated food truck area on July 28, Mayor Dan Murphy said, “We’ve got to do something. The whole city is fair game until we do something.”
The city commission was presented with the first reading of a city ordinance on Aug. 11 that proposed locating the designated food truck area at the far end of Bayfront Park, near the Hibiscus Street and North Shore Drive intersection.
When presenting the ordinance on second reading and anticipated final adoption on Aug. 25, City Attorney Becky Vose also presented an accompanying city resolution that wasn’t discussed on Aug. 11. The location of the designated food truck area will be established by city ordinance and the rules and regulations for food truck operators will be established by a city resolution that can be more easily revised as needed.
The resolution proposes a limit of four food trucks operating on a first-come, first-served basis from 10 a.m. to 6 p.m. on Friday, Saturday and Sunday – including any holidays that fall on those days. The resolution also contained language that stated the food truck operators must comply with all city ordinances, including the noise ordinance.
Public input
Daniel Massey owns the home on North Shore Drive located closest to the proposed food truck area. He asked the commission to include a decibel-specific noise limit on the food truck operations and require the food truck generators to face the park and not his home, which serves as a part-time residence and a part-time vacation rental. He also expressed concerns about rodents being attracted to the food truck area.
Massey said he owns restaurants in Texas and he suggested allowing food truck operations on Monday, Tuesday and Wednesday, when food truck operators may be less inclined to set up shop in Anna Maria.
Representing some potentially-impacted property owners, attorney Christopher Berg said, “The proposed location would allow businesses to operate next to residential properties. The proposed food truck area would be in conflict with the character of the community.”
Greg Raupp owns the home across the street from Massey’s. He said he and others were shocked when they learned of the proposed Bayfront Park location that he opposes for several reasons, including noise, smell, rodents, traffic safety and congestion. Raupp asked the commission to delay its vote so the proposed location and regulations can be further evaluated.
Kerry Kotouc owns a home on North Bay Boulevard and has been visiting Anna Maria since she was a child. She referenced a Joni Mitchell song and equated the proposed Bayfront Park location to paving paradise and putting up a parking lot.
“I cannot comprehend a more inappropriate location to put food trucks,” she said.
She suggested City Pier Park as a better location and noted that the park is already used for the city-sponsored farmers market.
Kotouc mentioned the long wait times experienced at local restaurants on weekends and expressed her belief that food trucks would provide additional dining options without hurting those restaurants.
North Bay Boulevard resident John Cella said he and many others are not thrilled about the proposed Bayfront Park location and he expressed support for the City Pier Park location instead.
City Pier Grill operator Brian Seymour said he’s not opposed to a designated food truck zone, but the regulations contained in the resolution need more work. Seymour said food truck operators rely on generators because there’s usually no electricity provided. He suggested installing electrical outlets to alleviate the need for generators.
Murphy said he liked that idea. Carter asked if the city could charge vendors for the electricity used. Murphy said the cost to recoup those costs might exceed the cost of providing the electricity for free.
Regulatory concerns
Vose has repeatedly said the city’s food truck regulations have to be considered reasonable by the state. She has also said she’s not aware of existing case law that can guide the city in these efforts.
During last week’s meeting, Commissioner Jon Crane said the proposed Bayfront Park location is “the least obnoxious alternative.”
Commissioner Robert Kingan was pleased when Vose said she believes the city can limit food truck operations to three days a week. Commissioner Mark Short questioned the Friday allowance and suggested food trucks only be allowed on Saturdays and Sundays.
Regarding generator noise, Commissioner Carol Carter asked if the city resolution could be used to specify which types of generators food truck operators use. Vose suggested addressing generator noise through the city’s noise ordinance, which Murphy said needs to be revised.
When Short asked if the city could lease the designated spaces to food truck operators, Vose said the state might consider that to be imposing a fee.
Short questioned whether food truck operators would drive out to Anna Maria on a first-come, first-served basis that doesn’t guarantee them a spot and he asked if the city could use a reservation system. Vose said that might be considered registration, which the state prohibits.
“The more innovative we are, the more likely we are to be sued,” Vose said.
