HomeMy Public PortalAboutOrdinance 1674 - Solicitors and Mobile Vendors4
ORDINANCE NO. 1674
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR AUTHORITY; PROVIDING FOR THE
AMENDMENT OF CHAPTER 102 OF THE CODE OF
ORDINANCES, CITY OF CRESTVIEW, FLORIDA, BY ADDING
ARTICLE XXIV, ITINERANT VENDORS, MOBILE FOOD
VENDORS, PEDDLERS & SOLICITORS; PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS
FOLLOWS:
WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of
Crestview to exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Sections 163.3202, 166.021 Florida Statutes, provides that the City of Crestview
shall adopt and enforce land development regulations for the purposes of implementing its comprehensive
plan and protecting the public's health, safety, and general welfare; and
WHEREAS, the City Council of the City of Crestview finds it is in the best interest and welfare
of the citizens of the City to enact this ordinance; and
WHEREAS, the City of Crestview has complied with all requirements and procedures of
166.041 Florida Statutes and Florida law in processing and advertising this Ordinance; and
WHEREAS, the City of Crestview seeks to encourage business development, for small-business
owners and entrepreneurs; and
WHEREAS, it is necessary to avoid the creation of adverse traffic, pedestrian and public health
and safety conditions, particularly on routes where the dominant function is the safe movement of
vehicular traffic; and
WHEREAS, it is necessary to regulate the level and intensity of Vendor activities on roads and
other public places to ensure that the site is retained for its primary purpose; and
WHEREAS, the City of Crestview seeks to accommodate appropriate Vendor activities in order
to provide services that enhance the visitor/resident experience.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA:
SECTION 1. AUTHORITY. The authority for enactment of this ordinance is contained in Chapter
166.021, F.S. and Section 1.01, City Charter.
SECTION 2. That Chapter 102 of the Code of Ordinances, City of Crestview, Florida, is hereby
amended by adding Article XXIV, Itinerant Vendors, Mobile Food Vendors, Peddlers & Solicitors, which
said Article shall read as follows:
January 14, 2019 - Adoption Reading Page 1
ARTICLE XXIV.
ITINERANT VENDORS, MOBILE FOOD VENDORS, PEDDLERS &
SOLICITORS
Sec. 102-600. Purpose and Intent.
(a) The purpose of this Article is to establish regulations for the location, approval and permitting of
Itinerant Vendors, Mobile Food Vendors, Peddlers & Solicitors. These administrative regulations
are intended to provide orderly and effective management of temporary land use.
(b) The Intent of this Article is multifaceted and seeks to address the many concerns associated with
Itinerant Vending. The following objectives apply:
(1) To aid and encourage small business development and entrepreneurialism, while
protecting the interests of established "brick and mortar" businesses.
(2) To ensure that itinerant Vending locations are appropriate and will not create any unsafe
or unsanitary condition nor put undue strain on nearby "brick and mortar" establishments.
(3) To ensure that the parking of Vending vehicles or the placement of equipment,
merchandise and any wares, will not adversely affect the public amenity and/or the
aesthetics and functionality of the streetscape area.
(4) To protect the health, safety, and welfare of all citizens of and visitors to Crestview.
Sec. 102-601. Definitions.
The following words, terms and phrases when used in this Article, shall have the meanings ascribed to
them in this Article, except where the context clearly indicates a different meaning:
Commissary — A public food service establishment licensed by the division or a food establishment
permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food
dispensing vehicle for the purpose of providing all required support services, including potable water and
wastewater disposal that are not available on the mobile food dispensing vehicle. (61-C-0001 FAC).
Division — refers to the Division of Hotels and Restaurants of the Florida Department of Business and
Professional Regulations.
Food Code — This term as used in Chapters 61C-1, 61C-3 and 61C-4, F.A.C., means paragraph
1-201.10(B), Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, and Sections 8-103.11 and
8-103.12 of the Food Code, 2009 Recommendations of the United States Public Health Service/Food and
Drug Administration including Annex 3: Public Health Reasons/Administrative Guidelines; Annex 5:
Conducting Risk -based Inspections), herein adopted by reference. A copy of the Food Code, as adopted
by the division, is available on the division's Internet website www.MvFloridaLicense.com/dbpr/hr. A
copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website.
Printed copies of the entire Food Code are available through the National Technical Information Service,
5301 Shawnee Road, Alexandria, VA 22312.
Food establishment — As utilized in the Food Code, this term shall apply to public lodging establishments
and food service establishments as defined in Chapter 509, F.S., according to the context of the applicable
rule language.
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Itinerant Vendor means any and all persons, firms and corporations, as well as their agents and
employees, who engage in the temporary and/or transient business which offers services, merchandise,
wares, goods, and/or other articles for purchase from one or more stationary or mobile locations and who,
for the purpose of carrying on such business may rent, lease, hire, or otherwise occupy a space in any
building, structure or occupy any area on a lot or parcel of land or who occupies a vehicle, self-propelled
or otherwise, through which any services, merchandise, wares, goods, and/or other articles, may be
traded, bartered, sold, offered for sale, or exhibited for sale within the City.
Itinerant Vending Operations — is a term used in this Article that generally refers to the Itinerant
Vending categories as a whole with respect to certain site requirements or components of an Itinerant
Vending use.
Mobile Food Vendor means any Itinerant Vendor, which travels by self-propelled or non -self-propelled
vehicle, trailer, wagon, or any other conveyance, from place to place, or from street to street, carrying,
conveying or transporting edible goods, such as meats, fish, vegetables, fruit, or other, which are sold,
offered for sale, and/or exhibited for sale. The term Mobile Food Vendor includes but is not limited to
the terms lunch wagon, cart, ice cream truck, mobile food truck and others.
Peddler means any person who carries from place to place any goods wares or merchandise which may
be sold, is exhibited for sale, and may or may not be immediately delivered, or bartered the same, shall be
deemed to be a Peddler. All persons who do not keep a regular place of business, open at all times during
regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall
be deemed Peddlers under this Article. All persons who keep a regular place of business, open at all times
in regular business hours and at the same place, who shall, elsewhere than at such regular place of
business, personally or through their agents, offer for sale or sell and, at the time of such offering for sale,
deliver goods, wares and merchandise, shall also be deemed Peddlers as above.
Premises — The public food service or lodging establishment and the contiguous land or property under
the control of the operator. The property may include all yards, alleys, driveways, sidewalks, and other
exterior portions of the licensed premises.
Public food service establishments, as defined in Section 509.013(5), F.S., are licensed in accordance
with the following classifications and requirements:
Non- seating -
a) Permanent — Permanent non -seating establishments are classified as those fixed public
food service establishments for which the sole service provided is intended as take-out or
delivery, or which do not otherwise provide accommodations for consumption of food by
guests on the premises, or premises under the control of the operator. For the purposes of
this section, establishments located at food courts and malls are classified in this manner
as long as seating is not provided within the premises of the establishment itself.
b) Mobile food dispensing vehicle — Mobile food dispensing vehicles are classified as any
vehicle mounted public food service establishments which are self-propelled or otherwise
movable from place to place and include self-contained utilities, such as gas, water,
electricity and liquid waste disposal.
c) Caterer — Caterers are classified as any public food service establishments where food or
drink is prepared for service elsewhere in response to an agreed upon contract for a
function or event. The term includes catering kitchens. For the purpose of this rule, the
term "caterer" does not include those establishments licensed pursuant to chapter 500 or
381, F.S., or any other location where food is provided or displayed for sale by the
individual meal. A licensed public food service establishment that also provides catering
services is not required to hold a separate catering license from the division. Caterers
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must meet all applicable standards of a public food service establishment as provided in
rules 61C-1.004, 61C-4.010 and 61C-4.023, F.A.C. Separate independent caterers
utilizing the equipment or premises of a licensed public food service establishment are
deemed operators as defined by section 509.013(2), F.S., of such public food service
establishment and subject to all applicable requirements of law and rule.
Temporary public food service establishments and vendors.
a) Temporary public food service establishments are classified as those establishments
operated at temporary food service events as defined in section 509.013(8), F.S. If upon
inspection the temporary public food service establishment does not meet minimum
sanitation standards as provided in chapters 61C-1 and 61C-4, F.A.C., food service
operations shall be discontinued until corrections are complete and verified by the
Division of Hotels and Restaurants of the Department of Business and Professional
Regulation.
b) Public food service establishments that have a current license may operate one facility at
a temporary event as part of the existing license. Each additional facility operated by the
same licensee must acquire a separate temporary food service event license.
Self-sufficient mobile food dispensing vehicle — A public food service establishment classified as a
mobile food dispensing vehicle that contains, as part of the vehicle, a three compartment sink for
washing, rinsing, and sanitizing equipment and utensils; a separate hand wash sink; adequate refrigeration
and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power
generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with
Subparts 5-3 and 5-4 of the Food Code.
Solicitation means a request, directly or indirectly, for money, property, financial assistance, or any other
thing of value on the plea or representation that such money, property, financial assistance, or other thing
of value or a portion of it will be used for a charitable or sponsor purpose or will benefit a charitable
organization or sponsor. The term includes, but is not limited to, the following methods of requesting or
securing the promise, pledge, or grant of money, property, financial assistance, or any other thing of
value:
a) Making any oral or written request;
b) Making any announcement to the press, on radio or television, by telephone or telegraph, or by
any other communication device concerning an appeal or campaign by or for any charitable
organization or sponsor or for any charitable or sponsor purpose;
c) Distributing, circulating, posting, or publishing any handbill, written advertisement, or other
publication that directly or by implication seeks to obtain any contribution; or
d) Selling or offering or attempting to sell any advertisement, advertising space, book, card, coupon,
chance, device, magazine, membership, merchandise, subscription, sponsorship, flower,
admission, ticket, food, or other service or tangible good, item, or thing of value, or any right of
any description in connection with which any appeal is made for any charitable organization or
sponsor or charitable or sponsor purpose, or when the name of any charitable organization or
sponsor is used or referred to in any such appeal as an inducement or reason for making the sale
or when, in connection with the sale or offer or attempt to sell, any statement is made that all or
part of the proceeds from the sale will be used for any charitable or sponsor purpose or will
benefit any charitable organization or sponsor.
A solicitation is considered as having taken place regardless of whether the person making the solicitation
receives any contribution. A solicitation does not occur when a person applies for a grant or an award to
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the government or to an organization that is exempt from federal income taxation under s. 501(a) of the
Internal Revenue Code and described in s. 501(c) of the Internal Revenue Code and is duly registered
with the department.
Solicitor means any person, firm, or corporation as well as their agents and employees, who engage in
any means of request, directly or indirectly, for money, property, financial assistance, or any other thing
of value on the plea or representation that such money, property, financial assistance, or other thing of
value or a portion of it will be used for a charitable purpose or will benefit a charitable organization or
sponsor. The term shall also include, but is not limited to, taking or attempting to take orders for the sale
of goods, wares or merchandise, subscriptions or personal property of any nature whatsoever for future
delivery, or for services to be furnished or performed in the future, whether or not such individual has,
carries or exposes for sale a sample of such sale or whether he is collecting advance payments on such
sale or not; distributing, circulating, posting, or publishing any handbill, written advertisement, or other
publication that directly or by implication seeks to obtain any contribution shall also be included in this
term.
Temporary food service event — Any event of 30 or fewer consecutive days in duration, advertised and
recognized in the community, where food is prepared, served, or sold to the general public.
Sec. 102-602. Itinerant Vendor, Peddler, Solicitor Compliance Certificate — Required.
(a) It shall be unlawful for any person, firm, or corporation, to engage in the business activities of
Itinerant and/or Mobile Vending, Peddling or Solicitation, within the City of Crestview, without
first registering with the City by obtaining an Itinerant Vendor, Peddler, and Solicitor Compliance
Certificate.
(1) Any Itinerant Vendor, Peddler, a Solicitor wishing to engage in the business activities of
itinerant and/or Mobile Vending, Peddling or Solicitation, within the City of Crestview,
shall make application to the Growth Management Department on forms provided by the
department.
(2) The Growth Management Department of the City of Crestview shall issue to any itinerant
Vendor, Peddler, or Solicitor, a Compliance Certificate authorizing such Itinerant
Vendor, Peddler, or Solicitor, to sell, exhibit for sale or offer for sale, in the City of
Crestview, any goods, wares and merchandise only after such itinerant Vendor, Peddler,
or Solicitor shall have fully complied with the provisions of this Article.
(b) The Itinerant Vendor, Peddler, and Solicitors Compliance Certificate shall be valid from October
1st to September 30th of the following year and shall be based on the type of Vending, Peddling,
and/or soliciting each applicant is proposing and the time of year in which application is made. A
base annual registration fee shall be established with regards to the following categories:
(1) Itinerant Vending Categories.
a. Itinerant Auto Oriented Sales/Events — This category includes the itinerant sales
of self-propelled vehicles and non -self-propelled vehicle trailers, to include but
not be limited to cars, trucks, fifth -wheel trailers, trailers, campers, off -road
vehicles, motorcycles, dirt bikes, boats, ski -dos, jet -skis, and others. This
category includes temporary auto consignment lots. This category does not
include the one-time sale of a single vehicle by a resident of the City.
b. Tent Sales — This category includes itinerant sales of both seasonal and non-
seasonal items which involve semi -mobile or stationary, temporary sales and
sales events to include but not be limited to Christmas tree lots, firework stands,
January 14, 2019 - Adoption Reading Page 5
1
home mercantile product sales, used merchandise, garage type sales (offsite of a
parcel land on which the primary use is residential in nature), farmer's markets,
and others. This does not include those temporary sales events conducted on the
premises, including the parking lot, of established commercial enterprises,
performed exclusively by the owner and/or operator of the commercial enterprise
or with the expressed permission from said owner or operator by a commercial
Vendor of new products which are sold within the commercial enterprise on the
premises, within 15 feet of the primary structure.
c. Mobile Vending Truck/Trailer — This category specifically refers to those
Itinerant Vendors that travel by either self-propelled vehicle or are otherwise
pulled or moved by a self-propelled vehicle. This category also includes Mobile
Food Dispensing Vehicles (MFDV's) including trucks and trailers which utilize
either a water and sewer connections or a commissary at another location and ice
cream trucks.
d. Mobile Food Cart — is synonymous with push cart, hand cart, hand -drawn cart,
and hot dog stand/cart and are a class of MFDV. Push carts are any variety of
small, light, non -motorized, self-propelled units, which are moved by hand and
are used exclusively for the retail sales of flowers, plant, fruits, vegetables,
beverages, pre -packaged food stuffs, hot dogs, sausages, and ice cream.
(c) Back Ground Investigation.
(1) Each applicant for an Itinerant Vendor, Peddler, and Solicitor Compliance Certificate
shall agree, when making application, to submit to a limited background investigation.
Upon receipt of such application, a copy shall be transmitted to the Chief of Police who
shall make the following type investigations:
a. Commercial activities. The Chief of Police or designee shall cause an
investigation of the applicant's business and moral character to be made as he
deems necessary for the protection of the public health, safety, and welfare. The
applicant shall include any and all employee information as deemed necessary by
the Chief of Police.
b. A copy of all Vendor's, Solicitor's or Peddler's application must be submitted to
the Chief of Police for approval.
(d) Applicants for a Compliance Certificate under this Article must file with the Growth
Management Department a signed application which shall give the following information:
(1) Name of the applicant and of each person who owns 10 percent or more of the
outstanding stock or equity interest in the licensed activity.
(2) A valid driver's license.
(3) The applicants' vehicles' make, model, color and tag number if applicable.
(4) Permanent home address, valid telephone number and email address of the applicant.
(5) The applicant shall provide their federal employer identification number and sales tax
identification number.
(6) The address or parcel identification number of the planned Vending site, including the
property owner's name and telephone number.
(7) A notarized statement from the property owner(s) that the temporary use is allowed on
the property. The statement must include the temporary use dates (including setup and
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_0'"N
take -down), location, description type and the name of the business and representative
designated by the property owner.
(8) A brief description of the nature of the business and the goods, food or beverages to be
sold.
(9) The address of the commissary, if applicable.
Sec. 102-603. Temporary Vending Permit — Required.
It shall be unlawful for any person, firm, or corporation, to engage in the business activities of Itinerant
and/or Mobile Vending, Peddling or Solicitation, within the City of Crestview, without first obtaining a
Temporary Vending Permit.
(a) A Temporary Vending Permit shall be issued upon such conditions as the Growth Management
Department may reasonably require, assuring compliance with the City of Crestview's Code of
Ordinances.
(1) All applications received for a particular location will be processed on a first come first
serve basis. Any subsequent applications received may be issued once the prior applicant
has vacated the premises.
(2) A Compliance Certificate shall have been obtained prior to issuance of a Temporary
Vending Permit.
(3) All Vendors must adhere to all applicable State and Local laws.
(b) Applicants for permit under this Article must file a signed application with the Growth
Management Department. The application shall provide sufficient information to determine if the
proposed site and temporary activity comply with this Article and other provisions of the Code of
Ordinances.
(c) In addition to the application, all applicants shall submit:
(1) Copies of all applicable State licenses.
(2) Insurance.
a. Proof of general liability insurance, such proof in a form acceptable to the City,
issued by an insurance company that is licensed to do business in the State of
Florida, protecting the applicant from all claims for damages to property or
bodily injury, which may arise from operations under or in connection with the
Vendor's activity.
b. For all motorized Mobile Vending units, proof of auto liability insurance, such
proof in a form acceptable to the City, issued by an insurance company that is
licensed to do business in the State of Florida, protecting the applicant from all
claims for damages to property or bodily injury, which may arise from the use of
a motor vehicle in connection with Mobile Vending and shall be in an amount no
less than $1,000,000 per occurrence.
c. A signed and notarized hold -harmless agreement (form to be provided by City)
(3) A Site plan, accurate drawing or pictorial representation of the property to be used,
rented, or leased for the temporary Vending use, which shall include the following:
a. All existing and proposed structures on -site,
b. The structural dimensions and locations in relation to property lines,
January 14, 2019 - Adoption Reading page 7
c. The zoning district setback lines,
d. Locations of temporary sanitary facilities (Port-o-lets) and waste disposal,
e. Parking areas,
f. Signage, and
g. The means of ingress and egress for vehicular and pedestrian traffic;
h. Any additional information necessary to accurately portray the property and to
identify the area to be utilized for the event; and
i. A description of the proposed use.
j. Mobile Food Carts are exempt from this requirement.
(d) Door to Door Solicitors and Peddlers, in addition to Items 102-602(a) through 102-602(c) above,
must provide:
(1) If employed, the name and address of the employer, together with credentials establishing
the exact relationship.
(2) A valid driver's licenses for all drivers and related proof of insurance.
(3) The length of time and location for which the Solicitation or Peddling shall occur.
(4) A signed and notarized hold -harmless agreement (form to be provided by City).
(e) Itinerant Vending Permit Time -Frames.
(1) All applicable licensure, certificates and permits must be obtained prior to the installation
of any temporary structures, lighting, signage, etc.
(2) The application for a Temporary Vending Permit for all uses shall be filed no less than
twenty-one (2 1) days prior to the date on which the permit is to take effect.
(3) Duration of Temporary Vending Permit (TVP) by Itinerant Vendor Category.
a. Itinerant Auto Oriented Sales/Events - A TVP issued to an Itinerant Auto
Oriented Sales/Event use, shall be valid for a maximum of fifteen (15)
consecutive days, two (2) times per calendar year. Each 15-day period shall be
separated by at least 30 days within the same calendar year. Dates of operation
will include dates to assemble and dismantle equipment and/or structures.
b. Tent Sales - A TVP issued to an Itinerant Tent Sales use, shall be valid for a
period not to exceed fifteen (15) consecutive days, three (3) times per calendar
year. Dates of operation will include dates to assemble and dismantle equipment
and/or structures.
c. Mobile Vending Truck/Trailer — A TVP issued to an Itinerant Mobile Vendor
Truck/Trailer use, shall be valid for period of time not to exceed one year (365
days) from the date of issuance.
d. Mobile Food Cart — A TVP issued to an Itinerant Mobile Food Cart use, shall be
valid for a period of time not to exceed one year (365 days) from the date of
issuance.
e. Solicitors — A TVP issued to a Solicitor shall be valid for a period of time not to
exceed one year (365 days) from the date of issuance.
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Sec. 102-604. Regulations, Requirements, Site Restrictions.
(a) Use Restrictions.
(1) Temporary Vending operations and events shall only occur within Commercial (C-1 and
C-2), Industrial (M-1) and Downtown Mixed Use (DMU) Zoning Districts.
(2) At no time shall any temporary Vending operations disrupt the flow of vehicular or
pedestrian traffic on or off -site.
(3) Itinerant Auto Oriented Sales shall not be located on vacant and/or unimproved lands.
(4) Itinerant Auto Oriented Sales/Events and Tent Sales shall be limited to one temporary
Vending permit per parcel of land at any given time.
(5) Itinerant Auto Oriented Sales/Events and Tent Sales, when located on any parcel of land
or lot of record, with an existing primary use building or structure, shall be limited to one
temporary Vending permit at any given time.
(6) Mobile Vending Trucks and trailers shall not be located on vacant and/or unimproved
lands.
(7) There shall not be more than three Mobile Vending trucks and/or trailers on one parcel of
land at any given time.
(8) Mobile Food Carts shall not be required to maintain the applicable zoning district yard
regulations but at no time shall any Mobile Food Cart become stationary within any
public right-of-way, obstruct any vision triangle, and/or obstruct or detract from any
vehicular or pedestrian traffic flow.
(b) Site Requirements.
(1) At no time shall a Mobile Vending truck or trailer be closer than 10 feet to one another
Mobile Vending truck or trailer on the same parcel of land.
(2) All Itinerant Vending operations shall maintain the applicable Zoning District setback
standards, for the zoning district in which they are located.
(3) At no time shall any component of an itinerant Vending operation be located within 10
feet of any permanent structure onsite.
(c) Parking.
(1) At no time shall any temporary Vending operations restrict the number of parking spaces
to a level below what is required by this Land Development Code for the permanent
primary use onsite.
(2) Adequate parking areas, consistent with current zoning requirements for similar uses
shall be maintained during such temporary Vending uses.
a. Parking spaces required to fulfill the minimum requirements of a principal use,
on site or adjacent to the itinerant Vending use, as per section 102-151 of this
Code may not be used by any Itinerant Vendor operation.
b. Parking shall only be allowed on designated parking areas identified on the
approved site plan.
(3) No parking will be allowed on any public right-of-way.
(d) Traffic.
(1) Traffic generation shall not adversely impact the flow of traffic on an adjacent roadway.
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(2) The use of any existing access drives on or connected to the property, parcel, or lot on
which the itinerant Vending use is located is required.
(e) Temporary Structures.
(1) Only one temporary structure is allowed per permitted Itinerant Vending operation.
a. Itinerant Auto Oriented Sales/Events and Tent Sales shall be limited by the
following:
1. The temporary structure may be a tent or a trailer that has been built as
an office trailer.
i. Temporary structures do not include motor homes, camp trailers
or the like.
2. The temporary structure may require a building permit to be obtained
and subsequently require an inspection by the building and the fire
department prior to operation.
(f) Sanitation.
(1) The Site shall be kept clean of all debris, trash, waste, or other unsightly condition.
(2) Temporary sanitary facilities (Port-o-lets), shall be kept in a clean and working order.
(g) Signage.
(1) Any Temporary signage shall be installed and maintained in compliance with Chapter
102 - Land Use Regulations, Article XVI Signs.
(h) Utilities.
(1) New temporary electrical poles shall not be provided. If one exists onsite it may be
utilized for the temporary Vending operation, provided it meets the following
requirements:
a. Any use of power from the main structure onsite shall be in accordance with the
Florida Building and Life Safety Codes and
b. The use of electrical cords is prohibited.
(i) Additional Mobile Food Cart Requirements.
(1) Location.
a. Mobile Food Carts shall be permitted to operate in Commercial or Downtown
Mixed .Use zoning districts in the Downtown area, bounded by Bowers Avenue
West to the south, by Ferdon Blvd. to the east, by James Lee Blvd. West to the
north, and by Wilson Street to the west.
b. Mobile Food Carts shall only be located on properties where there is an existing
use that is non-residential in nature.
c. Mobile Food Carts shall not be placed on an unimproved surface during the
course of business.
d. Mobile Food Carts selling food and/or beverages shall not stop and conduct
business within 100 feet of any indoor and/or outdoor eating establishment
including another food cart.
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e. No more than two (2) Mobile Food Carts shall be located on any block face at
any given time except during organized and permitted events.
f. At no time, shall placement of a Mobile Food Cart impede pedestrian or
vehicular traffic.
g. At no time, shall placement of a Mobile Food Cart deteriorate any pedestrian or
vehicular site triangle.
h. At no time, shall Mobile Food Carts placement be in front of a buildings
entrance, a fire hydrant, or emergency exit.
i. All applicable permits must be obtained prior to the installation of any temporary
structure, lighting, signage, etc.
Sec. 102-605. Administration.
(a) Application shall be made to the Growth Management Department, on forms provided by the
department, for a Compliance Certificate and a Temporary Vender Permit prior to any Itinerant
Vending operation setup within the City limits.
(b) Upon approval of the Compliance Certificate application for operating as an Itinerant Vendor
within the City limits, the applicant may submit a temporary use permit application for the
specific location and timeframes for said operation.
(c) The Growth Management Department shall review the application the duration of the permit and
specifying such conditions as to, location, parking, traffic, access and any other conditions of the
activity that may be required for permit issuance.
Sec. 102-606. Denial or Revocation of Itinerant Vendor Compliance Certificate and/or
Temporary Vending Permit.
(a) The Growth Management Department may revoke, suspend, or deny the issuance of any Itinerant
Vending Compliance Certificate or Temporary Vending Permit if it is determined that an
applicant has:
(1) Been convicted of or entered a plea of guilty or nolo contendere to, a crime against the
laws of this state or any other state of the United States, involving moral turpitude,
fraudulent or dishonest dealing, or the illegal use or sale of a controlled substance.
(2) Has obtained a permit by fraud, false statement, misrepresentation, or failure to truthfully
answer any question in the required permit application.
(3) Has failed to obtain required approvals from the state or obtain any applicable permits or
licenses.
(4) Upon finding imminent and hazardous threats to public health and safety caused by any
use, the Growth Management Department may take reasonable steps to prevent public
access thereto and to eliminate such hazard and may revoke or suspend a certificate
permit.
(5) Not later than 10 days after the filing of a completed application for a Vendor's
certificate, the applicant shall be notified by the Growth Management Department of the
decision on the issuance or denial of the license. If the issuance of the license is
approved, the Growth Management Department may issue a temporary use permit upon
review of an application for said permit.
January 14, 2019 - Adoption Reading Page 11
(6) If the temporary use permit is denied, the applicant shall be provided with a statement of
the reasons therefor, which reasons shall be entered in writing on the application.
Sec. 102-607. Prohibitions.
(a) No Temporary Vending Permit shall be issued for any Itinerant Vendor operation in a Residential
Zoning District.
(b) No Solicitor; Peddler or Vendor shall enter into any house, building or other structure or upon any
land, parcel, lot, or property, without the prior consent of the owner or occupant thereof where
there is placed or posted on the premises in a conspicuous position at or near the usual means of
ingress or visible from such location, a sign or other form of notice stating or indicating that the
owner or occupant thereof forbids or otherwise does not desire persons engaged in such or similar
activity to enter upon the premises.
(c) No Solicitor or Vendor shall conduct themselves or their business in an unlawful manner or in
such manner as to constitute a breach of peace, is offensive to public decency or can be
considered menacing to the health, safety or general welfare of the public.
(d) It shall be unlawful for any person to sell or attempt to sell any commodity by means of Vending
such commodity upon any street, sidewalk, public area, public right of way or private property in
the City, without first obtaining a Compliance Certificate with the City and securing the required
temporary Vending permit(s).
Sec. 102-608. Exemptions.
(b) The following activities are exempt from the provisions of the Article:
(1) Salesmen representing wholesale houses or distributors who sell to local retail merchants
from catalogues or samples.
(2) Sales of goods, wares, food, or merchandise at festivals, carnivals, celebrations or other
special events sponsored and/or permitted by the appropriate governing body or
authority.
(3) The sale of privately owned and used merchandise, at garage or yard sales conducted on
the privately owned or rented premises used as a residence by the seller of such goods.
(4) The sale of farm, aqua cultural, grove, horticultural, floricultural, tropical porciculture, or
tropical fish farm products, or other products manufactured there from, except
intoxicating liquors, wine, or beer.
(5) Sales of goods or merchandise purchased with donated funds or donated by the owners
thereof, the proceeds whereof are to be applied to any charitable, not -for -profit, or
philanthropic purpose.
(6) Minors conducting home Solicitation sales under the supervision of an adult, or
Solicitors, salespersons, or agents making calls or soliciting orders on behalf of a
religious, charitable, scientific, educational, or veterans' institution or other not -for -profit
organization are exempt from this Article.
(7) Any public or nonprofit school which operates a carnival, fair, or other celebration, by
whatever name known, which is in operation for 3 days or less and which includes the
sale and preparation of food and beverages must notify the local county health
department of the proposed event and is exempt from any temporary food service
regulations with respect to the requirements for having hot and cold running water; floors
which are constructed of tight wood, asphalt, concrete, or other cleanable material;
January 14, 2019 - Adoption Reading Page 12
enclosed walls and ceilings with screening; and certain size counter service. A school
may not use this notification process to circumvent the license requirements of this
chapter.
Sec.102-609 Appeals.
Appeals may be filed as provided elsewhere within the land development code. A permit may be
reinstated provided that the applicant has met all conditions and requirements.
Sec. 102-610. Compliance Certificate and/or Permit Nontransferable.
Neither the certificate nor the permit provided for in this Article shall be transferable, nor give authority
to more than one location, unless provided for by this Article, by any person to sell or exhibit goods or
merchandise.
Sec. 102-611. Display of Certificate and Permit.
Both the Itinerant Vending Compliance Certificate and the Temporary Vending Permit shall be displayed
in a conspicuous place on the premises where the sale or exhibit is being conducted and shall remain
displayed so long as any goods or merchandise are being sold or exhibited.
Sec. 102-612. Prerequisite for issuance of municipal or county occupational license. —
A municipality or county may not issue an occupational license to any business coming under the
provisions of this chapter until a license has been procured for such business from the division.
Sec. 102-613. Penalties.
(a) Any person or business violating any provision of this Article or any rule, order, or regulation
made pursuant to this Article shall be subject to a civil penalty in an amount not to exceed five
hundred dollars ($500.00). Each day the violation exists shall be considered a separate violation.
The penalty provided for herein is cumulative to other remedies or enforcement processes the
City may have, including those available under F.S. Ch. 162, and Section 1-I I — General penalty;
continuing violations, of the City of Crestview Code of Ordinances.
(b) For the purposes of this Article, a separate offense shall be deemed committed for each day a
violation of this Article exists, such time commencing on the day the offender is notified of the
violation.
(c) No person or business shall be in violation of this Article for catering activity, temporary sales of
food, or vending machine activity in accordance with F.S. Ch. 509, and Rule 61C-1.002(5) (a),
Florida Administrative Code, so long as such person or business is not required to procure a
license from the Florida Department of Business and Professional Regulation and/or the
Department of Agriculture, for service of food to the public as a Mobile Food Dispensing
Vehicle.
Sec. 102-614. Reference
Florida Statutes: Chapters 500 Food- Products and 509 Lodging and Food Service Establishments;
Department of Business and Professional Regulations, Division of Hotels and Restaurants, Public
Lodging and Food Service Establishments, Administrative Rules (Sept. 2018) Chapter 61C-1 Florida
Administrative Code and Chapter 61C-4 Public Food Service Establishments; US Department of Health
and Human Services, FDA US Food and Drug Administration, Food Code 2017.
Secs. 102-615.-102-630. Reserved.
January 14, 2019 - Adoption Reading Page 13
41
SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4. SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such
finding shall not affect the other provisions or applications of this ordinance which can be given effect
without the invalid or unconstitutional provision or application, and to this end the provisions of this
ordinance are declared severable.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW,
FLORIDA ON THE 14'h DAY OF JANUARY, 2019.
ATTEST:
ELIZABETH M. ROY
City Clerk
APPROVED BY ME THIS
kw?
oAip,
DAVID CADLE
Mayor
J B WRITTEN
/ ' T DAY OF
-9"Z& 01V-
, 2019.
January 14, 2019 - Adoption Reading Page 14