BRADENTON BEACH – Commissioners are in the process of enacting a temporary citywide moratorium on food truck operations.
On Feb. 2, the city commission, minus absent Commissioner Marilyn Maro, voted 4-0 in support of the moratorium ordinance drafted by City Attorney Ricinda Perry and presented on first reading. The moratorium will take effect if it is adopted on second and final reading at the commission’s Feb. 16 meeting.
The ordinance will impose a temporary 90-day moratorium on the use, operation or storage of mobile food dispensing vehicles within the city. The moratorium is being enacted to provide the commission, the city attorney and city staff time to develop permanent food truck regulations and operating standards to be adopted in a new and separate ordinance.
During Thursday’s meeting, Mayor John Chappie said he’d like to have the new food truck regulations in place during the first quarter of 2023.
Perry said she and Building Official Steve Gilbert have been working on proposed food truck regulations and locations to present to Planning and Zoning Board members for their preliminary review. Commissioner Jan Vosburgh said when she lived in Utah, food trucks gathered in a city park on Friday nights and she has fond memories of those gatherings.
“It was so enjoyable. It was very family-oriented,” she said. “We’re not saying we’re not ever going to have food trucks, right?”
“It’s not a prohibition. It’s identifying areas in the city that make good sense,” Perry said, noting that one goal is to prevent food truck operations in residential areas.
The city is responding to a state law that took effect in 2020 that prohibits city and county governments from prohibiting food truck operations citywide or countywide. The state law also prohibits local governments from imposing additional licensing and permitting requirements and fees on food truck operators.
The Anna Maria Commission recently adopted a food truck ordinance that limits food truck operations to privately-owned properties located in C-1 commercial zone districts. Exceptions can be made for food truck operations during city commission-approved special events. The finer details of Anna Maria’s food truck regulations will be established in an accompanying city resolution to be presented on Thursday, Feb. 9.
Bradenton Beach ordinance
The Bradenton Beach food truck moratorium ordinance notes that Florida Statutes define the term “mobile food dispensing vehicle” as any vehicle that is a public food service establishment and that is self-propelled or otherwise moveable from place to place and includes self-contained utilities, including but not limited to gas, water, electricity or liquid waste disposal.
“The city hereby finds that despite Section 509.102, Florida Statutes, municipalities continue to enjoy significant home rule authority to regulate land use and zoning and operational standards related to mobile food dispensing vehicles,” the moratorium ordinance says.
“Through regulated circumstances, mobile food dispensing vehicles provide a valuable and convenient service to the community by providing food and beverage options at special events and other appropriate venues. The city wishes to support convenient food and beverage options at special events and other appropriate venues and encourage and support local business and entrepreneurship by adopting uniform regulations to allow the operation of mobile food dispensing vehicles within the city consistent with the preemption provided in Florida Statutes,” according to the moratorium ordinance.
