HomeMy Public PortalAbout14-15 Adding and Deletions to Remove Peddlers and Replace with Street Vendors1st Reading:
2nd Reading
Public Hearing:
Adopted:
Effective Date:
September 10, 2014
October 8, 2014
October 8, 2014
October 8, 2014
October 9, 2014
Sponsor: Commissioner Santiago
ORDINANCE NO. 14-15
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, AMENDING ARTICLE
VIII OF THE CODE OF ORDINANCE BY ADDING AND
DELETIONS, TO REMOVE PEDDLERS AND
REPLACE WITH STREET VENDORS AND/OR
MOBILE VENDORS; PROVIDING FOR DEFINITIONS,
PERMITS, REGULATIONS, AND REQUIREMENTS;
PROVIDING FOR INCORPORATION OF RECITAL;
PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City requested that the City Planning Consultants, Corradino Group draft
a Comprehensive Plan and new Land and Development Code to address removal of peddler and to
replace with Street Vendors and Mobile Vendors to the City's Code of Ordinance Article VIII; and
WHEREAS, on July 8, 2014 the request was reviewed and recommended by the Planning
Council; and
WHEREAS, City Commission of the City of Opa-locks desires to amend the Code of
Ordinance Article VIII to remove Peddlers and replace with Street and Mobile Vendors; and
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
ORDINANCE NO. 14-15
Section 2. Article VIII, Sec. 13. 149 through Sec. 13.171, shall have the meanings
ascribed to them in this section, shall be removed and replaced with the following words, terms
and phrases, except where the context clearly indicates a different meaning:
ARTICLE VIII. PEDDLERS STREET AND MOBILE VENDOR
Sec. 13-149. Definition.
Center median. Any area in the middle of any street or highway, designed to
provide a barrier to keep traffic on one (1) side of the street from going to the
other side of the street. A center median may be a raised concrete strip or a grass
strip.
City sponsored event. Any event which the city has either financially sponsored
or sponsored by way of in -kind donations.
Mobile food service operation. The preparation/cooking, serving and/or sale of
food conducted from a portable stand, vehicle or trailer. Each such portable
stand, vehicle, or trailer shall be considered a mobile food service operation.
Mobile vending vehicle. Any vehicle, cart or apparatus used for the displaying
storing or transporting of articles offered for sale by a mobile vendor.
Mobile vendor. Any person, firm, corporation or other entity engaged in the
selling or offering for sale any and all goods, wares, beverages or merchandise
including specifically food or food products outdoors from a mobile vending
vehicle or from his person.
Mobile vendor special event. A special event consisting of a concentration of
mobile vendors which have been properly licensed and permitted by the city.
Mobile vendor special event coordinator. The person designated to coordinate
the placement/positioning of individual mobile vendor vehicles; maintaining the
inspection of the mobile vendor special event site including, but not limited to,
proof of insurance and licensing; and assure of compliance with hours, clean-up
and other city requirements during a mobile vendor special event.
ORDINANCE NO. 14-15
Non -mobile vendor/Non-mobile street vendor. Any street vendor who operates at
a set location or utilizing a semi -permanent structure, on the sidewalk, in a park,
or other public right-of-way.
Street Vendor. pecerAny person, whether a resident of the City or not,
travelling by foot, wagon, automotive vehicle, or any other type of conveyance,
from place to place, from house to house, or from street to street, carrying,
conveying or transporting goods, wares, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing the same
for sale, or making sales and delivering articles to purchasers, or who, without
travelling from place to place, shall sell or offer the same for sale from a wagon,
automotive vehicle, railroad car, street stand, or other vehicle or conveyance, and
provided that one who solicits orders and as a separate transaction makes
deliveries to purchasers as a part of a scheme or design to evade the provisions of
this article shall be deemed a peddler street vendor subject to the provisions of
this article. The word "street vendor peddler" shall include the words "hawker,"
"peddler," and huckster." A mobile vendor is also a street vendor.
Sec. 13-150. Permit required.
It shall be unlawful to sell, offer to sell, or exhibit for sale any good or merchandise,
including, but not limited to, fruit, nuts, popcorn, ice cream or sandwiches, or otherwise
operate or conduct business, from any parked vehicle, cart, stand, or other apparatus, or
upon any street, sidewalk, or park, in the City of Opa-locka, without first securing a
permit by completing a permit application on a form provided by the City of Opa-locka
and paying the necessary permit application fee as approved by the City Commission
and amended from time to time.
At the discretion of the City, vendors operating in a Flea Market or Bazaar as defined in
Article IX shall be subject to permitting requirements as outlined in this Article.
ORDINANCE NO. 14-15
Sec. 13-151. Application required.
Applicants for permits under this article must file with the City Manager or his designee
a sworn application in writing (in duplicate) on a form to be furnished by the - City
Manager or his designee Department, which shall give the following information:
Name, Home and Business Address of the Applicant (legal and
local); name and address of the owner of the business or vending vehicle if the
owner is not the applicant,
(b) Any additional information deemed as necessary by the City of Opa-locka
to complete the required background check of applicants.
(c) A description of the type of food, beverage, merchandise, or service to be
sold.
(d)
A written and photographic description of any equipment or vending
vehicle to be used in the operation of the business, including a photocopy
of the license and registration of the motor vehicle. In cases where the
equipment or vehicle has not been acquired, a rendering of these items
will suffice for the application process, provided applicant provides the
licensing and registration of the vehicle, if applicable, and photographic
evidence to support the submitted renderings after any conditional
approval.
(e) Proof of insurance, issued by an insurance company licensed to do
business in the State of Florida, for all claims for damages to property and
bodily injury, including death, which may arise from operations under or
in connection with the license. Such insurance shall provide a minimum
amount of coverage of three hundred thousand dollars ($300,000.00) for
injury for each occurrence and one hundred thousand dollars $100,000.00)
per person. The city shall be named as an additional insured. All insurance
must be in a form acceptable to the city's risk management division. No
material change or cancellation of such insurance shall be effective
without thirty (30) days prior written notice to the city. The insurance shall
include automobile insurance and comprehensive general liability.
(f) The length of time for which the right to do business is desired.
ORDINANCE NO. 14-15
(g)
Two (2) copies of a photograph of the applicant and every person to be
employed by the business in the i y City, taken within sixty (60) days
immediately prior to the date of the filing of the application, which picture
shall be two (2) inches by two (2) inches showing the head and shoulders
of the applicant in a clear and distinguishable manner.
Where applicable, an affidavit or notarized statement from the property
owner granting the mobile vendor the right to locate on their property.No
statement is necessary if the City is the owner of the property or the
location is on the public right-of-way, but the City shall retain the right to
approve or deny the right of usage of said location(s).
(i) A health certificate, issued by the county health department, if vending
food or beverage.
(j) Any additional licenses or documentation required by the City of opa-
Locka, Miami -Dade County, Florida State, or Federal law.
(k) An accompanying application fee as denoted in the City's Schedule of
Fees.
Applications must be submitted at least fourteen (14) days before any
special event.
Sec. 13-152. Background Investigation of application.
Upon receipt of such application, the original shall be referred to the Opa-locka Police
Department, which shall provide a background investigation for all persons noted on the
application, and shall report the results of such investigation to the City Manager or
his/her designee. The background investigation shall include a national search of the list
of registered sexual offenders and sexual predators. The provisions of this article shall
apply to each person engaged in the activity of mobile vendor as well as business, if any,
by which the mobile vendor is employed.
Sec. 13-153. Disapproval of application; notice; Right of Appeal.
If as a result of such investigation the applicant's character or business responsibility is
found to be unsatisfactory, the Police Department shall endorse on such application their
disapproval, their reasons for the same, and return the application to the Building &
ORDINANCE NO. 14-15
License Development Department, which shall notify the applicant that the application is
not approved and that no permit will be issued. The City Manager or his/her designee
must review the reason(s) for denial before the issuance of the notification, and such
notification must include the reason(s) for disapproval.
(a) The denial of a Street Vendor permit is an administrative decision which may
be appealed. Any person aggrieved by the action(s) of the Police Department
or the Building & License Department in the denial of an application for a
license as provided in this article, or in the decision which reference to the
revocation of a license as provided herein shall have the right of appeal to the
City Commission. Such appeal shall be taken by filing with the Commission,
within fourteen (14) days after notice of the action complained of has been
mailed to such person's last known address, a written statement setting forth
fully the grounds for the appeal, with any applicable fees as established in the
City of Opa-locka's schedule of fees.
(b) The City Commission shall set a time and place for a hearing on such appeal
and notice of such hearing shall be given to the appellant via mail to the
address listed on the application and postmarked at least five (5) days prior to
the date set for hearing. The decision and order of the City Commission on
such appeal shall be final and conclusive.
Sec. 13-155. Approval and issuance of permit; records.
If as a result of such investigation, the character and business responsibility of the
applicant are found to be satisfactory, the chief of police or his/her designee shall endorse
on the application his approval, and provide such notice to the City Manager or his/her
designee. Upon overall approval of the application, the Building and License Department
shall execute a permit addressed to the applicant for the carrying on of the business
applied for.- Such permit shall contain the signature and seal of the issuing officer and
shall show the name, address and photograph of the permittee, the class of permit issued
and the kind of goods to be sold thereunder, any special conditions of the permit, the
amount of fee paid, the date of issuance and the length of time the same shall be
operative, as well as the license number and other identifying description of any vehicle
used in such vending peddling. The Building and License Department shall keep a
permanent record of all permits issued hereunder.
Sec. 13-156. Permit fees.
The fees, as presently established or as hereafter adopted by resolution of the eCity
eCommission, shall be charged for permits issued pursuant to this article: If the City
establishes a separate fee for annual permits, such fee will be pro -rated on a monthly
basis from October first for annual permits.
ORDINANCE NO. 14-15
Sec. 13-157. Permit expiration, renewal.
Annual permits issued pursuant to this article shall expire on October first of each year.
All other permits shall expire as provided by their own terms. Applications for renewal
shall follow the same procedure as the original application.
Sec. 13-158. Badges.
The Planning and Community Development dDepartment shall issue to each permittee at
the time of delivery of the permittee's license one (1) laminated copy of the license, and
any necessary badges, which shall contain upon the badge the photographic image of the
operators related to the license to be displayed, the business category(ies) of the license,
the issue date and duration of the license, and the location(s) approved for vending. The
City shall incorporate the processing costs of these items into the schedule of fees.
Peddler-peddling
Sec. 13-159. Non -transference of license.
Licenses shall only apply and be usable by the specific business and individuals listed on
the application. If the license lists a specific location for the street vendor's operation, re -
usage of that particular space is to remain at the sole discretion of the issuing authority.
Badges shall serve as identification for authorized operators and cannot be transferred
between individuals.
Sec. 13-160. Loud noises and speaking devices.
(a) No peddler street vendor, nor any person on behalf of the vendor, with the exception
of an ice cream vendor, shall shout, make any cryout, blow a horn, ring a bell or use
any sound device, including any loudspeaker, radio or sound amplifying system, upon
any of the streets, alleys, parks or other public places of the city or upon any private
premises in the city where sound of sufficient volume is emitted or produced
therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks
or other public places, for the purpose of attracting attention to any goods, wares or
merchandise which such peddler licensee proposes to sell.
(b) An ice cream vendor is permitted to utilize music to alert potential customers that it is
in the area for the purpose of selling its product. The playing of music is only
permitted during the hours of 10:00 a.m. and 8:00 p.m, and only in areas more than
one thousand five hundred (1500)ft away from any Pre-K or K-12 school during
school hours. The music shall not be played at a level to constitute a nuisance.
ORDINANCE NO. 14-15
(c) A mobile vendor special event coordinator is permitted to have live musical
performances or pre-recorded music in conjunction with the mobile vendor special
event. Intent to provide live or pre-recorded music must be stated in the application
package for the special event permit and must comply with the city's noise ordinance
set forth in Article V of the Code of Ordinances.
Sec. 13-161. Use of streets.
No peddler street vendor shall have any exclusive right to any location in the
public streets, , nor shall the vendor be permitted to operate in any congested area where
the vendor's operations might impede or inconvenience the public. For the purpose of
this section, the judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or inconvenienced.
Exceptions to this provision apply in cases where the City of Opa-locka has designated a
registered"stall" in the publicright-of-way.
Sec. 13-162. Exhibition of permit.
Peddler Street Vendor are required to visibly exhibit their permit and badge on their person
and/or cart at V s w 11,:° �4..
Sec. 13-163. Enforcement by police.
It shall be the duty of any police officer of the city to require any person seen peddling
vending and who does not display their permit or badge, to produce such peddler's
permit, and to enforce the provisions of this article against any person found to be
violating the same.
Special Events Vending: When requested by any police officer of the city, the mobile
vendor special event coordinator can be required to produce the special event permit for
the event.
Sec. 13-164. Report, record of convictions.
The Police Department shall report to the Building and License Department all
convictions for violation(s) of this article, and the Building and License Department shall
maintain a record for each permit issued and record the reports of violation therein.
Secs. 13 165 13 1 .-Reser-ved .
ORDINANCE NO. 14-15
Sec. 13-165 Mobile Vendor Requirements:
(a) Appearance.
a. All items or services to be sold from a mobile cart must:
i. Be vended from a regulation size vending cart, as determined by the City of
Opa-locka. Examples of such carts, with noted dimensions, shall be available
for review in the Planning and Community Development Department.
ii. Be easily carried or conveyed.
iii. Not cause undue or offensive odors.
iv. Involve a short transaction period to complete the sale or render the service.
v. Display merchandise in a reasonably organized manner. Carts shall not be
overloaded or disheveled in appearance.
b. Advertisements on any equipment utilized by a street vendor shall be subject to
regulations found in the City of Opa-locka's Signs Ordinance.
c. The City of Opa-locka may require a design review to ensure aesthetically pleasing
carts or vehicle are utilized.
d. No vendor shall operate while intoxicated and/or be in a state of unkempt
appearance.
(b) No mobile vendor shall station itself upon any public street or right-of-way, or upon any
private property, except with the express permission of the property owner and in a manner,
which does not impede the flow of traffic on public streets or rights -of -way, nor block
pedestrian access to public streets or rights-of-w y, unless participating in a City approved
and permitted mobile vendor special event or a City sponsored event.
(c) Under no circumstance shall a mobile vendor be deliberately emplaced so as to hinder
emergency services.
(d) No mobile vendor shall be permitted to operate in any congested area where the vendor's
operations might impede or inconvenience the public; with the exception of those
participating in a city approved and permitted mobile vendor special event or a City
sponsored event. For the purpose of this article, the judgment of a police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is congested or thepublic
impeded or inconvenience.
(e) No mobile vendor shall remain overnight in any one (1) site, except in the case of a special
event exhibition, exposition, art show and/or festival, where they are permitted to remain on
the site from the beginning to the end of the special event. In such instance, the mobile
ORDINANCE NO. 14-15
vendor shall secure a special event permit permitting overnight siting, even if the vendor has
a regular vendor permit.
(f) All mobile vendors must provide for their own trash and garbage removal such that no trash
or garbage remains on the premises upon which the sale or vending transaction was
conducted. Vendors are prohibited from utilizing City -owned receptacles for disposal of
packing containers or boxes.
(g) All disturbed areas must he cleaned following each stop at a minimum of twenty (201feet
radius of the sales location
(h) No mobile vendor shall wave, flag or motion to vehicles on the street.
Sec. 13-166 Mobile vendor special event.
A mobile vendor special event shall be permitted without a public hearing
provided:
(1) The mobile vendor special event shall:
a. Be limitedto one (1) event per week per calendar year at the same
location:
b. Be permitted to operate as an accessory use to any culinary institute;
c. Operate no later than 9:00 p.m., Sunday through Thursday. Up to four
(4) days per year, a mobile vendor special event may operate until
midnight, Monday through Thursday, provided that these four (4)
dates are included as part of the schedule of events provided in the
application for the permit.
d. Operate no later than midnight, Friday and Saturday.
e. Be permitted to operate for multiple consecutive days, provided that
all dates are noted on the application. The number of consecutive days
cannot exceed five (5) unless it is a City sponsored event. The City
may elect to permit all or part of the dates which are applied for.
(2) A special event permit shall be obtained for each mobile vendor special
event site on an as -needed basis. The special event permit package shall
include all of the following:
ORDINANCE NO. 14-15
a. Notarized letter from property owner(s) of record authorizing the
mobile vendor special event and designating a mobile vendor special
event coordinator;
b .Duration and Schedule of event(s);
c. Notification and sign -off from the Opa-locka Police Department;
d. A traffic safety and security plan;
e. Narrative describing the hours of operation, estimated public
attendance; and description of other amenities provided;
f. Copies of state licenses and local vending license of each of the
individual mobile vendors participating;
g. The maximum number of individual mobile vendors which may be
present at the mobile vendor special event. This maximum number
shall be indicated on the special event permit-,
h. Site plan or survey indicating the general placement of the individual
mobile vendors; location of refuse facilities, if not hauled away;
location of sanitation facilities; location of on -site and off -site parking;
lighting fixtures, if applicable; and rights -of -way, internal circulation
and ingress/egress;
i. Whether live music or pre-recorded music will be provided during the
special event;
j. Any other permits, such as street closure permits, which may be
required by the City for the event-,
k. Accompanied by a permit fee in an amount to be the Schedule of fees.
Proceeds from the permit fee shall be designated for economic
redevelopment in the area where the mobile vendor special event
occurs.
(3) If the mobile vendor special event permit application is incomplete; or if
the mobile vendor special event is operating in a manner not consistent
with the representations made in the application for special event permit;
or the mobile vendor special event coordinator fails to comply with any
provisions of this section, the city has the authority to deny or revoke the
special event permit.
(4) The designated mobile vendor special event coordinator shall:
ORDINANCE NO. 14-15
a. Assist in the placement/positioning of individual mobile vendors
during the special event;
b. Maintain for inspection at the special event all pertinent
documentation provided by the individual mobile vendors such as
proof of licensing and insurance;
c. Assure compliance with hours, clean-up and other permit
requirements.
Sec. 13-167 Designation of Sites - "Stalls":
The City of Opa-locka, may, at its discretion, specify specific areas where vendors are allowed to
operate. These sites will be reviewed periodically, but at minimum, annually, at least 60 days
before October first.
The City of Opa-locka, may also, at its discretion, specify sites on a public right-of-way or
publicly owned vacant lots, as a vending area "stall." Such stalls will be clearly marked and
numbered, and reserved for specific vendors to which the stall is assigned, and the City shall levy
a fee for rental use of such "stalls." Monies derived from any such program shall be earmarked
for specific use in maintenance of the common area of the vacant lot or public right-of-way on
which the stall is located, if applicable; city beautification; and redevelopment.
Such stalls shall be subject to the additional guidelines:
1. If the vendor is to be absent from the stall for a period of fourteen (14) or more days,
the vendor must notify the Community Development Department in advance of the
date(s) of any such absence(s). The Department may then assign the space designated
or reassigned during any such absence.
2. The vendor shall be responsible for the disposal of any garbage within 25 feet from
the area of the stall during operating hours.
3. Such stalls shall be designated by the City as permitting mobile or non -mobile street
vendors, or either.
4. Cost Recovery. The City is empowered to recover all costs associated with the space
allocation process as a separate special fee in the Schedule of fees.
Sec 13-168 Prohibited Acts:
ORDINANCE NO. 14-15
(a) Prohibition on vending in center median or vehicular right-of-way. No person shall stand,.
sit or remain on a street or on or within six (6) feet of the traveled portion of a highway or
upon any center median strip, for the purpose of selling, offering for sale or advertising any
product, property or service to the driver or passenger of any motor vehicle using the street
or highway, unless participating in a city sponsored event and/or a city approved and
permitted mobile vendor special event.
(b) Schools and Parks. Vendors are prohibited from operating within five hundred(500)ft of
schools between the hours of 7 AM and 3 PM, except in cases where the City of Opa-locka
designates specific areas as permissible. Unless as a special condition granted by the City of
Opa-locka as part of the license, vendors shall be prohibited from operating in a park during
that park's hours of closure.
(c) Offsets: No mobile vendor may vend or conduct business in such a manner as to restrict or
interfere with the ingress or egress of the abutting property owner or tenant or create or
become a public nuisance, increase traffic congestion or delay or constitute a hazard to
traffic, life or property or an obstruction to adequate access to fire, police or sanitation
vehicles.
(d) Prohibition of sales around Residential Areas.
a. No Mobile Food Vendor shall conduct business within any single family residential
zoning district, including townhouse districts, but may be located in such districts
when serving and within one hundred (100) feet to a property with an active
building permit.The zoning of the right-of-way shall be construed to be the same as
that of the parcel which it abuts, up to the central median line of the overall right-of-
way.
b. No Mobile Vending Unit may operate within fifty (50) feet from a Single Family or
Multi -Family residential use. Single -Family or Multi -Family residential use as
defined in this section shall not include a residence that is part of a business or a
Mixed -Use structure.
c. All Mobile Vending Units between fifty (50) and one hundred (100) feet from a
Single -Family or Multi -Family residential use must obtain the consent of seventy-
five percent (75%) of the owners of the Single -Family or Multi -Family residential
property within a one hundred (100) foot radius around the Mobile Vending Unit.
ORDINANCE NO. 14-15
Consent from the property owners must be original, signed, notarized, and dated
within thirty (30) days from the date the vendor operates on said location.
Sec. 13-169. Revocation of License
(a) Licenses issued under the provisions of this chapter may be revoked by the City
Commission after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application for
license;
2. Fraud, misrepresentation or false statement made in the course of carrying on his
business as street vendor;
3. Any violation of this Article;
4. Conviction of any crime or misdemeanor involving moral turpitude;
5. Conducting the business of street vending in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the
health, safety, or general welfare of the public.
6. Violations of established health department or business regulations.
Notice of the hearing for revocation of a license shall be given in writing, setting
forth specifically the grounds of complaint and the time and place of hearing.
Such notice shall be mailed to the licensee at his last known address with a
postmark of at least five (5) days prior to the date set for hearing.
The decision regarding the revocation of license by the City Commission shall be
conclusive and final.
Ldj Any mobile vendor whose license has been revoked pursuant to the provisions of
section shall be prohibited from participating in any mobile vendor special event
until such time as the license has been reinstated.
Vendors who have had their license revoked may apply for a new license no
earlier than three (3) months after the revocation of license. The Planning and
Community Development Department shall consider prior revocations of
licensing in its determinations of whether to issue a new permit.
Sec 13-170 Permit Caps:
ORDINANCE NO. 14-15
The City of Opa-Locka may elect to adopt a permit cap on the overall and/or categorical number
of vendors in the city. Any such cap shall be reviewed annually by the Planning and Community
Development Department, and publicized at least thirty (30) days before the deadline for
renewals of annual licenses.
Sec 13-171 Exemptions:
Exemption from setbacks on distance requirements from residential areas shall only be permitted
if it listed as a specific allowed use with the issuance of special events permits issued by the City
of Opa-locka. Such allowances shall be limited to the event in question.
*****************
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 4. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed
Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is
recodified.
Section 6. This Ordinance shall, upon adoption, become effective as specified by the
City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 8th day of October, 2014.
ORDINANCE NO. 14-15
Attest to:
Jnna Flores
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Santiago:
Vice -Mayor Kelley:
Mayor Taylor:
YRA TAYOR
MAYOR
Approved as to form and legal sufficiency:
Jo ,'eph S G ller
EEN • POON MARDER PA
ity Attorney
COMMISSIONER HOLMES
COMMISSIONER SANTIAGO
5-0
YES
YES
YES
YES
YES
MIAMI HERALD I MiamiHereld.com
CITY OF HIALEAH GARDENS
PUBLIC NOTICE
NOTICE is hereby given that a PUBLIC HEARING will be held in the City Council Chambers
at 7:30 p.m., Tuesday, October 7, 2014, at which time the following ordinance will be
considered for final adoption. The proposed ordinance may be read at Hialeah Gardens
City Hall, City Clerk's Office. All interested parties are urged to attend the meeting and
be heard.
ORDINANCE OF THE CITY OF HIALEAH GARDENS, FLORIDA, APPROVING A SITE PLAN AND
VARIANCE FOR ACO INVESTMENT LLC TO PERMIT CONCERNING PROPERTY LEGALLY DESCRIBED
AS: TRACT 5, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBUC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST,
LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POUTICAL
SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27845, PAGE
3507, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE EAST h OF TRACT 6,
OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION
THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POUTICAL SUBDIVISION FOR ROAD
RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27845, PAGE 3511, OF THE PUBUC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.THE EAST Yz OF THE WEST IA OF TRACT 6, OF
FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION
THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD
RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4355, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE EAST ''A OF THE WEST y2 OF THE WEST'h
OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBUC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST,
LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL
SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE
4351, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE WEST 'A OF THE WEST
'h OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST,
LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL
SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE
4347, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TRACT 7, OF FLORIDA
FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF
AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POUTICAL SUBDIVISION FOR ROAD RIGHT-
OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4359, OF THE PUBUC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA. APPROXIMATE LOCATION: BETWEEN NW 109TM AVENUE AND
NW 10T. AVENUE AND BETWEEN THEORETICAL NW 147a' STREET AND THEORETICAL NW 150TM
STREET, HIALEAH GARDENS, FL FOLIOS: 27-2019-001-0050, 27-2019-001-0063, 27-2019-001-0062,
27-2019-001-0061, 27-2019-001-0060 AND 27-2019-001-0070., PROVIDING FOR CONDITIONS;
PROVIDING FOR EFFECTIVE DATE.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation
to participate in this proceeding should contact the City Clerk's office no later than four days prior to
the proceeding. For assistance, the City'stelephone number is (305) 558-4114; if hearing impaired the
telephone for the Florida Relay Service is (800) 955-8771 (TDD) or (800) 955-8770 (VOICE).
Maria L. Jaffee, City Clerk
Page: NabesN0_9,
Edition:1st
ND SUNDAY, SEPTEMBER 28, 2014 1119ND
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks, Florida
will hold a public hearing at its Regular Commission Meeting on Wednesday, October 8, 2014
at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz)
Avenue, Opa-locks, Florida to consider the following items:
SECOND READING ORDINANCES/PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO AMEND ORDINANCE 86-8, THE LAND DEVELOPMENT
CODE BY AMENDING THE MIXED USE OVERLAY DISTRICT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT
AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE (first reading held on July 23, 2014). Deferred from 09/10/2014
Regular Commission Meeting
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AMENDING ARTICLE VIII OF THE CODE OF ORDINANCE
BY ADDING AND DELETIONS, TO REMOVE PEDDLERS AND REPLACE
WITH STREET VENDORS AND/OR MOBILE VENDORS; PROVIDING FOR
DEFINITIONS, PERMITS, REGULATIONS, AND REQUIREMENTS; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT
AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
September 10, 2014).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AMENDING CITY ORDINANCE 86-8, LAND DEVELOPMENT CODE,
ARTICLE DC CITY OF OPA-LOCKA SIGN REGULATIONS TO PROVIDE
PURPOSE AND INTENT, DEFINITIONS, PROCESS AND PROCEDURES,
SIGNAGE DESIGN STANDARDS, SIGNS PERMITTED ACCORDING TO
LOCATION AND SIGNS PROHIBITED ACCORDING TO LOCATION;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held
on September 10, 2014).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AMENDING CHAPTER 21, ARTICLE II, SECTION 21-77 OF THE
CITY OF OPA-LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE OF
RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO WATER,
SEWER, AND STORMWATER RATES FOR FISCAL YEARS 2014-2015, 2015-2016,
2016-2017, 2017-2018 AND 2018-2019; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE
(first reading held on September 17, 2014).
Additional information on the above items may be obtained in the Office of the City Clerk,
3400 NW 135'h Street, Bldg. B, Opa-locka, Florida. All interested persons are encouraged to
attend this meeting and will be heard with respect to the public hearing.
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any
board, agency, or commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings, and for that reason, may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal may be based.
JOANNA FLORES, CMC
CITY CLERK
Pub. date: Sunday, September 28
Section, zone: , DadeND
Last user: cci
Last change at: 2010:39 September 25
City of Opa-locka
Agenda Cover Memo
Commission Meeting
Date:
September 10, 2014
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact:
Yes
No
Ordinance Reading:
(EnterX in box)
1st Reading
2nd Reading
X
X
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
NIA
(N/A)
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O. Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid #:
N/A
X
Strategic Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
Strategic Plan Obj./Strategy:
N/A
X
•
IN
•
isi
IN
Sponsor Name
City Manager
Department:
Community Development
Short Title:
An Ordinance of the City Commission of the City of Opa-locka, Florida, to amend the Code of Ordinance Article VIII, to remove
Peddlers and to now include Street and Mobile Vendors and provide definitions, permit and application requirements. process and
procedures, prohibited acts, and causes for revocation.
Staff Summary
The Community Development Department have received many request for street/mobile vendors licenses. Staff have reviewed the
Code of Ordinance and determined that our City Code does not address current uses. Staff has requested the Corradino Group to
format this amendment to the Code of Ordinance. As the City's Planning Consultant, the Corradino Group is responsible for
drafting the new Comprehensive Development Plan and the new Land Development Code, which would address this amendment
request later in the update process. This amendment removes "peddler" from the Code of Ordinance, replaces it with "Street
Vendors and Mobile Vendors", and provides definitions, permit requirements, applications requirements, it provides process and
procedures, it provides the prohibited acts and it lists the causes for street and mobile vendor license revocation. This amendment
request was reviewed and recommended for approval by the Planning Council on July 8, 2014.
Code of Ordinance for Street and Mobile Vendor Ordinance 1
Proposed Action:
Staff recommends approval of Land Development Amendment .
Attachments:
1. Planning Concil Meeting Minutes — July 8, 2014
2. Draft of Code of Ordinance for Street and Mobile Vendor Ordinance
Code of Ordinance for Street and Mobile Vendor Ordinance 2
Memorandum
TO: Myra L. Taylor, Mayor
Joseph Kelley, Vice Mayor
Timothy Holmes, Commission
Dorothy Johnson, Commission
Luis B. Santiago, Commissione
FROM: Kelvin L. Baker, Sr., City Manag
DATE: September 3, 2014
RE: An Ordinance of the City Commission to Amend the Code of Ordinance to include Street
and Mobile Vendors.
Request:
An Ordinance of the City Commission of the City of Opa-locks, Florida, to amend the Code of Ordinance
Article VIII, to remove Peddlers and to now include Street and Mobile Vendors and provide definitions,
permit and application requirements, process and procedures, prohibited acts, and causes for revocation.
Description:
The Community Development Department have received many request for street/mobile vendors licenses.
Staff have reviewed the Code of Ordinance and determined that our City Code does not address current
uses. Staff has requested the Corradino Group to format this amendment to the Code of Ordinance. As
the City's Planning Consultant, the Corradino Group is responsible for drafting the new Comprehensive
Development Plan and the new Land Development Code, which would address this amendment request
later in the update process. This amendment removes "peddler" from the Code of Ordinance, replaces it
with "Street Vendors and Mobile Vendors", and provides definitions, permit requirements, applications
requirements, it provides process and procedures, it provides the prohibited acts and it lists the causes for
street and mobile vendor license revocation. This amendment request was reviewed and recommended
for approval by the Planning Council on July 8, 2014.
Financial Impact: There is no financial impact to the City to adopt this ordinance.
Implementation Time Line: Immediately
Legislative History:
Code of Ordinance Article VIII Peddlers
Staff Recommendation:
Staff recommends approval of this Code of Ordinance Amendment.
Planning Council Recommendation:
The Planning Council recommended approval of this Amendment.
Street and Mobile Vendor Ordinance
Attachment(s)
Planning Council Meeting Minutes July 8, 2014
Draft of Code of Ordinance for Street and Mobile Vendor Ordinance
Prepared By: Gerald Lee, Zoning Official
2
MINur
PLANNING COUNCIL MEETING
TUESDAY, July 8, 2014
I ROLL CALL:
Planning Council meeting officially began at 7:17pm ` ° " embers in attend were Chairman
Calvin Russell, Councilman Elio Guerrero, and Councilwoman Leslie Denis.
Also present were City Attorney Joseph Geller, Comitrity DFyFlopipent Director Gregory D.
Gay, Zoning Official Gerald J. Lee, Community De�`elopment Secretary Inez Robinson.
II INVOCATION AND PLEDGE:
Was stated immediately after
III APPROVAL OF MINUTES:
Minutes were bypassed due to the fact they
IV. PUBLIC HEADINGS:
APPLICANT:CITY QF OFA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT,
3400 NV 1„35T4 STREET BLDG B., OPA-LOCKA, FL 33054.
ere still being processed.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA FLORIDA, TO CREATE ARTICLE VIII STREET AND MOBILE
VENDOR
REQUEST: THE FOLLOWING AMENDMENTS TO CITY ORDINANCE 86-8 (LAND
DEVELOPMENT CODE).
Planning Council Minutes
07/08/2014
Page 1 of 8
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO CREATE ARTICLE VIII STREET AND MOBILE
VENDOR
Mr. Gerald Lee reminded the Planning Council that this was an amendment previously presented
to the council that failed. Staff asked if the Planning Council would reconsider the item with an
amendment.
Chairman Calvin Russell said he would like the amendment to include language that allows
favor for city residents who operate as a vendor or that operate a food true in the community.
Chairman Russell moved to have the amendment reconsidered. Councilman
the motion.
Roll call motion passed 3-0
Elio Guerrero
Leslie Dennis
Calvin Russell
rrero seconded
City Attorney Geller suggested that staff doiresearch to ensure t airman Russell's
suggested amendment is clear before the vote. Asked to postpone the vote to the next meeting.
Mr. Lee advised the council about the Oft anager's=urgency to get this legislation before the
commission. He suggested that t is,pussed cliiring this Meeting with the provision to give favor
to city residents to operate foOdtrucks and, becoine,food vendors so that once the research is
conducted it can go straight to the commission.
Chairman Russell moved to have the, amendment amended with the provision. Councilman
Guerrero seconded the Motion
Roll call motion p
!I1�
to Guerrero Yes
Leslie Dennis - Yes
Calvin Russell Yes
Chairman Russell moved to have the amendment voted upon. Councilman Guerrero seconded
the motion.
Roll call motion passed 3-0
Planning Council Minutes
07/08/2014
Page 2 of 8
Elio Guerrero Yes
Leslie Dennis Yes
Calvin Russell Yes
APPLICANT: GREAT WASTE & RECYCLING SERVICE, LLC. 3051 NW 129TH STREET,
OPA-LOCKA, FL 33054
LEGAL DESCRIPTION:TR A LESS E 173 FT & LESS W 125 FT, LOT SIZE 53476 SQ FT
OR 17101-0707 0296 1; 1.23 AC, EAST VIEW GARDEN — LAKE
ADDITION ACCORDING TO THE PLAT THEREOF", AS RECORDED IN
PLAT BOOK 51, PAGE 17 OF THE PUBLIC RECOS OF MIAMI-DADE
COUNTY, FLORIDA. SECTION 28 TOWNSHIP 52 SOUTH, RANGE 41
EAST. ZONED I-2 (FOLIO 08-2128-002-0010)',
REQUEST: TEXT ADDED TO CODE TO PERMIT THE TRANSFER OF
CONSTRUCTION & DEMOLITION DEBRIS FROM TRUCKS WITH A
SMALLER ROLL -OFF CONTAINER TO A FOIi Y CUBIC YARD (40 CY)
CONTAINER BY GRAPPLING TRUCK. 2.) FINAL SITE PLAN REVIEW
FOR CONTAINER TO CONTAINER TRANSFER.
i
Mr. Lee began the staff report by providing t o context of the ret west. He explained that the
City's code requires a site plan review for uses outside ofthose stated in the code. Staff had a
couple conditions for approval:
1. Ensure that the property �tici
a. be served by water and sewer
b. follow current signage and dupster regulations
c. Include the landscaping, parking pavement, and storage yard concreate wall as
specified in the site plan.
Mr. Lee gavethe history of theserequests, stating that they came to the meeting on the 4th of
February. However, they did not have both applications ready. They were advised to come back
when both applicAdns; ere submitted. Staff recommends approval of both requests.
Chairman Russell opens public meeting. Carlos Piccinonna, owner of Great Waste Recycling
Services opened the floor to questions from the council. Chairman Russell expresses concerned
about commercial and residential effects of the hazardous material getting into the air, the
storage containers moving during a storm, and the walls preventing the flow of rain water and
causing flooding. Mr. Piccinonna explained that they want this request to improve production.
They want to be able to transfer interior demolition material from smaller trucks to larger ones to
Planning Council Minutes
07/08/2014
Page 3 of 8
f
free up the smaller trucks to collect more material and use the larger trucks to take material to the
dump. Councilwoman Dennis asked how many times a day this would happen. Mr. Piccinonna
replied 3 times. Councilman Guerrero asked about how to limit the dust. Mr. Piccinonna said
they can wet the area to reduce the dust. Also, they plan to hire two more people.
Councilman Guerrero asked for language added to include dust control. Mr. Lee said that can be
included as a requirement in the site plan. Attorney Geller suggested that the request include
language addressing airborne pollution. Councilman Guerrero motions for amendment to include
language addressing airborne pollution. Second by Councilwoman Dennis.
Roll call motion passed 3-0
Elio Guerrero
Leslie Dennis
Calvin Russell
Councilman Guerrero made a motion to pasSifthe first re
Councilwoman Dennis.
Roll call motion passed 3-0
uest with amendment. Seconded by
Elio Guerrerro - Yes
Leslie Dennis - Yes
Calvin Russell - Yes
Councilman Guerrero made a'motion to pass the second request. Seconded by Councilwoman
Dennis.
Roll call motion passed 3-0
Elio Guerrero Yes
Leslie Dennis - Yes
Calvin Russell - Yes
APPLICANT: ACCENT CONSTRUCTION SERVICES, INC /TERRY WILLIAMS. 13620
NW 27 AVENUE, OPA-LOCKA, FL 33054
LEGAL DESCRIPTION: TRACT D, BLOCK 148, OPA-LOCKA, PLAT NO THREE,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
31, PAGE 14, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ALK/A LOT 18, 19, 20, 21,22, AND 23, TRACT D, BLOCK 148,
OF AFORESAID PLAT, LESS AND EXCEPT THAT PART OF TRACT D,
DEEDED TO COUNTY OF MIAMI-DADE BY WARRANTY DEED DATED
Planning Council Minutes
07/08/2014
Page 4 of 8
11-22-44, FILED 11-28-44, IN DEED BOOK 2442, PAGE 471 OF THE
PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. FOLIO: 08-
2121-007-2680.
REQUEST: FINAL SITE PLAN REVIEW TO BUILD A CHECK CASHING STORE
Mr. Lee explained that his office reviewed the site plan and provided feedback to Accent. Accent
addressed the concerns. Staff recommended approval of the compliant site plan with the
following conditions:
1. Unity of title submitted
2. Ensure that the property would
a. be served by water and sewer
b. follow current signage and dumpster re
c. Include the landscaping4tid parking det
10
as specified*. the site plan.
111,
Chairman Russell calls public meeting torex. TerL`.,Wi:s the resentative for Accent
introduces the traffic engineer and represenliye from chiteeture'fim. Chairman asked what
benefit the project will be to the city. Mt} ,Williams detailAuw it would remove an eyesore at the
entrance of the city and employ 10-12"pe6ple. Councilman G"i errero asked about how the design
would complement the city. Mr, Williams Said it would meet the design standards of the city.
Chairman Russell expressed concerns '414,1out the ownership and lease agreement and how that
may affect the quality of the bu 3mg. Mr. Lee addressed those concerns.
Councilman Guerrero otii
Roll call motion passed 3,-0
to' ve the request forward. Councilwoman Dennis seconds.
Elio Guerrero Yes
Leslie Dennis Yes
Calvin Russell Yes
Attorney Geller suggested that they reconsider the motion to include language that specifies
addressing staff recommendations.
Councilman Guerrero motioned to reconsiders. Councilwoman Dennis seconds.
Roll call motion passed 3-0
Planning Council Minutes
07/08/2014
Page 5 of 8
Elio Guerrero - Yes
Leslie Dennis - Yes
Calvin Russell Yes
Councilman Guerrero motioned to approve site plan subject to conditions and recommendations
of staff. Councilwoman Dennis seconds.
Roll call motion passed 3-0
Elio Guerrero
Leslie Dennis
Calvin Russell
APPLICANT: EDNOLD OUTTEN/SALEM MISSIONARY BAPTIST CHURCH,. INC. 2431
OPA-LOCKA BOULEVARD; 2415 OPA-LOKA BOULEVARD, OPA-
LOCKA, FL 33054
Yes
Yes
Yes
LEGAL DESCRIPTION: COMMUNITY GARDENS PB 151-B ":LOT 9 &10, BLK 151-B
AND COMMUNITY GARDENS PB 31-5 LOTS 7 &8, ;BLK 151-B. FOLIO:
08-2122-011-0614;,08-2122-011.062 :_
REQUEST: FINAL SITE PLAN REVIEW FOR A PLACE OF RELIGIOUS WORSHIP.
Mr. Lee provides the context for the request. Asks for approval of the request with the following
conditions:
1. Unity of title must be submitted
2. Must agree to pilot re elation for ndhl-profits
3. Ensure that the property would
be served by water and sewer
b. follow current signage and dumpster regulations
c.
Include, the landscaping and parking details as specified in the site plan.
Chairman Russell opens the floor to public hearing. Faye Alton speaks on behalf of Salem
Missionary Baptist Church and details the history of the church.
Councilman Guerrero motions to grant request. Councilwoman Dennis seconds.
Roll call motion passed 3-0
Planning Council Minutes
07/08/2014
Page 6 of 8
Elio Guerrero Yes
Leslie Dennis Yes
Calvin Russell Yes
APPLICANT: TRADEMARK METALS RECYCLING, LLC/ B. SCOTT BENNEWITZ &
MARIO GARCIA-SERRA 300 PIKE STREET, CINCINNATI, OH 45202
LEGAL DESCRIPTION: WEST 70 FEET OF THE EAST 210 FEET OF LOT 1 AND LOTS
2 THRU 4 LESS WEST 10 FEET IN BLOCK 304, OF NILE GARDENS,
SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 31, AT PAGE 42. OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA. (FOLIO NUMBER 08-2128-003-0370) AND WEST 70
FEET FO THE EAST 140 FEET OF LOT 1, BLOCK 304, OF NILE GARDENS,
SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 31, AT PAGE 42, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA. (FOLIO NUMBER 08-2128-003-0360)
REQUEST: FINAL SITE PLAN REVIEW TO CONSTRUCT A NEW BUILDING
Mr. Lee presented staff report. They are tryn;to perform so rotective measure on the fluff
that is a product of their business. Stdff rec trimends approval under the following conditions:
1. Unity of title must be submitted and, recorded
2. Ensure that any future signage comply with regulations.
Chairman Russell opens public Bearing. Mario Garea-Cero, a lawyer representing TMR,
introduces Mark Viacooli, manager of facility Fbeing discussed, and Michael Carr, an engineer.
Mr. Garcia-Cero explains that `purpose of the proposed building is to address environmental
concerns.
Councilman Guerrero motioned to grant request. Councilwoman Dennis seconds.
Roll call motion passed 3-0
Elio Guerrero - Yes
Leslie Dennis Yes
Calvin Russell - Yes
V OTHER BUSINESS:
Chairman Russell asked Mr. Gay if there was other business and Mr. Gay let him know that at this
moment there was no other business.
Planning Council Minutes
07/08/2014
Page 7 of 8
STAFF UPDATE
Mr. Gay indicated there were no items for staff update.
VI ADJOURNMENT
Chairman Russell motioned to adjourn and Councilman Guerrero seconded the motion.
Meeting adjourned at 8:34 pm.
Submitted by
Inez Robinson
Planning Council
ATTEST:
Planning Council Minutes
07/08/2014
Page 8 of 8
ARTICLE VIII. STREET AND MOBILE VENDOR ORDINANCE161-
Sec. 13-149. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Center median.Any area in the middle of any street or highway, designed to
provide a barrier to keep traffic on one (1) side of the street from going to the
other side of the street. A center median may be a raised concrete strip or a
grass strip.
City sponsored event. Any event which the city has either financially sponsored
or sponsored by way of in -kind donations.
Mobile food service operation. The preparation/cooking, serving and/or sale of
food conducted from a portable stand, vehicle or trailer. Each such portable
stand, vehicle, or trailer shall be considered a mobile food service operation.
Mobile vending vehicle. Any vehicle, cart or apparatus used for the displaying
storing or transporting of articles offered for sale by a mobile vendor.
Mobile vendor. Any person, firm, corporation or other entity engaged in the
selling or offering for sale any and all goods, wares, beverages or merchandise
including specifically food or food products outdoors from a mobile vending
vehicle or from his person.
Mobile vendor special event.A special event consisting of a concentration of
mobile vendors which have been properly licensed and permitted by the city.
Mobile vendor special event coordinator. The person designated to coordinate
the placement/positioning of individual mobile vendor vehicles; maintaining the
inspection of the mobile vendor special event site including, but not limited to,
proof of insurance and licensing; and assure of compliance with hours, clean-up
and other city requirements during a mobile vendor special event.
Non -mobile vendor/Non-mobile street vendor.Any street vendor who operates at
a set location or utilizing a semi -permanent structure, on the sidewalk, in a park, or
other public right-of-way.
Street Vendor. er eddieAas-use€1-"er-eifl-slaa" inGl de aAny person,
whether a resident of the city City or not, travelling by foot, wagon, automotive
vehicle, or any other type of conveyance, from place to place, from house to
house, or from street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, garden truck, farm products or
provisions, offering and exposing the same for sale, or making sales and
delivering articles to purchasers, or who, without travelling from place to place,
shall sell or offer the same for sale from a wagon, automotive vehicle, railroad
car, street stand, or other vehicle or conveyance, and provided that one who
solicits orders and as a separate transaction makes deliveries to purchasers as a
part of a scheme or design to evade the provisions of this article shall be deemed
a peddler -street vendor subject to the provisions of this article. The word "street
vendorpeddler" shall include the words "hawker," "peddler," and huckster." A
mobile vendor is also a street vendor.
{Code 1955, § 14 33)
Sec. 13-150. Permit required.
It shall be unlawful to sell, offer to sell, or exhibit for sale any good or merchandise,
including, but not limited to, fruit, nuts, popcorn, ice cream or sandwiches, or otherwise
operate or conduct business, from any parked vehicle, cart, stand, or other apparatus,
or upon any street, sidewalk, or park, in the City of Opa-locka, without first securing a
permit by completing a permit application on a form provided by the City of Opa-locka
and paying the necessary permit application fee, as approved by the City Commission
and amended from time to time.
At the discretion of the City, vendors operating in a Flea Market or Bazaar as defined in
Article IX shall be subiect to permitting requirements as outlined in this Article.
herein.
(Code 1955, § 14-34)
Sec. 13-151. Application required.
Applicants for permits under this article must file with the
City Manager or his designee Depaft ent a sworn
application in writing (in duplicate) on a form to be furnished by the
City Manager or his designee
Department, which shall give the following information:
(b)Laj
Name, Home and Business Addressof the Applicant (legal and local)1
name and address of the owner of the business or vending vehicle if the
owner is not the applicant,
(b),Any additional information deemed as necessary by the City of Opa-
locka to complete the required background check of applicants
(c)
A brief description of the nature of the business and +tee-geed-s to
be soldA description of the type of food, beverage, merchandise, or
service to be sold.
(d) A written and photographic descriptionof any equipment or vending vehicle to be
used in the operation of the business, including a photocopy of the license and
registration of the motor vehicle. In cases where the equipment or vehicle has not been
acquired, a rendering of these items will suffice for the application process, provided
applicant provides the licensing and registration of the vehicle, if applicable, and
photographic evidence to support the submitted renderings after any conditional
approval.
if employed, the name and addre„6 of the employer, together with
rr dent ais establiehinn tho exast rolatie-R hin
(e) Proof of insurance, issued by an insurance company licensed to do
business in the State of Florida, for all claims for damages to property and
bodily injury, including death, which may arise from operations under or in
connection with the license. Such insurance shall provide a minimum
amount of coverage of three hundred thousand dollars ($300,000.00) for
injury for each occurrence and one hundred thousand dollars
($100,000.00) per person. The city shall be named as an additional
insured. All insurance must be in a form acceptable to the city's risk
management division. No material change or cancellation of such
insurance shall be effective without thirty (30) days prior written notice to
the city. The insurance shall include automobile insurance and
comprehensive general liability.
(f)The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together -with
license number or other means of identification.
(g)
A -Two (2) copies of a photograph of the applicant and every person
to be employed by the business in the Ccity, taken within sixty (60)
days immediately prior to the date of the filing of the application,
which picture shall be two (2) inches by two (2) inches showing the
head and shoulders of the applicant in a clear and distinguishable
manner.
(h)
lausir'ress-Fesigcr`.nr's6 of +vr—na-rnriceroff -rrefer-e-hcesuc Fother
the applicant as will enable an investigator to properly evaluate such
character and business responsibility.
(ih)Where applicable, an affidavit or notarized statement from the property
owner granting the mobile vendor the right to locate on their property.No
statement is necessary if the City is the owner of the property or the
location is on the public right-of-way, but the City shall retain the right to
approve or deny the right of usage of said location(s).
(fi) A health certificate, issued by the county health department, if vending
food or beverage.
Applicant shall file with his application a statement by a reputable
submi-pion of the application, certifying the applicant to be free of
infectious, contagious or communicable disease.
(j) Any additional licenses or documentation required by the City of opa-
Locka, Miami -Dade County, Florida State, or Federal law.
(k) An accompanying application fee as denoted in the City's Schedule of
Fees.
Applications must be submitted at least fourteen (14) days before any special event.
(Code 1955, § 14 35)
The applicant for a permit under this article shall, at the time of making
hundred dollars ($1,500.00), to be used by the city to defray the costs of
inyeotinatino Oho �nnliration If shall be the d Ity of the department ,the-ohief of
Ir
oourate reonrds end acon1 Info of their expenses in inmotig tins suoh
IAV VNI(A�V 1VWIN
1 1
f ,
fee if a permit is issued, shall be returned to the applicant.
Sec. 13-153. Background Investigation of application.
Upon receipt of such application, the original shall be referred to the thief
of police, who shall cause such investigation of the applicant',business and
moral rharonter to he made no he cleemo neneo •+ni fnr the nrotention of the
Opa-locka Police Department, which shall provide a background
investigation for all persons noted on the application, and shall report the results
of such investigation to the City Manager or his/her designee. The background
investigation shall include a national search of the list of registered sexual
offenders and sexual predators. The provisions of this article shall apply to each
person engaged in the activity of mobile vendor as well as business, if any, by
which the mobile vendor is employed.
{Code 1955, § 14 36)
Sec. 13-154. Disapproval of application; notice; Right of Appeal.
If as a result of such investigation the applicant's character or business
responsibility is found to be unsatisfactory, the chief of policePolice Department
shall endorse on such application theirh-is disapproval, their and his reasons for
the same, and return the application to the Building & License Development
Department, which shall notify the applicant that hi-s-theapplication is disapproved
not approved and that no permit will be issued.The City Manager or his/her
designee must review the reason(s) for denial before the issuance of the
notification, and such notification must include the reason(s) for disapproval.
(a) The denial of a Street Vendor permit is an administrative decision
which may be appealed. Any person aggrieved by the action(s) of the
Police Department or the Building & License Department in the denial
of an application for a license as provided in this article, or in the
decision which reference to the revocation of a license as provided
herein shall have the right of appeal to the City Commission. Such
appeal shall be taken by filing with the Commission, within fourteen
(14) days after notice of the action complained of has been mailed to
such person's last known address, a written statement setting forth
fully the grounds for the appeal, with any applicable fees as
established in the City of Opa-locka's schedule of fees.
(b) The City Commission shall set a time and place for a hearing on such appeal and
notice of such hearing shall be given to the appellant via mail to the address listed on
the application and postmarked at least five (5) days prior to the date set for hearing.
The decision and order of the City Commission on such appeal shall be final and
conclusive.
(Code 1955, § 14 36)
Sec. 13-155. Approval and issuance of permit; records.
If as a result of such investigation, the character and business responsibility of
the applicant are found to be satisfactory, the chief of police or his/her designee
shall endorse on the application his approval, and provide such notice to the City
Manager or his/her designee. Upon overall approval of the application, the
Building and License Department shall execute a permit addressed to the
applicant for the carrying on of the business applied for and return the permit,
fs permit. Such permit shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of the permittee, the class of
permit issued and the kind of goods to be sold thereunder, any special conditions
of the permit, the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number and other identifying
description of any vehicle used in suchvending peddling. The department
Building and License Department shall keep a permanent record of all permits
issued hereunder.
(Code 1955, § 14 36)
Sec. 13-156. Permit fees.
The fees, as presently established or as hereafter adopted by resolution of the
Csity Ceommission, shall be charged for permits issued pursuant to this article.
to be deducted from the deposit required by. If the City establishes a separate
fee for annual permits, such fee will be pro -rated on a monthly basis from
October first for annual permits.
Sec. 13-157. Permit expiration, renewal.
Annual permits issued pursuant to this article shall expire on October first of each
year. Weekly or monthlyAll other permits shall expire as provided by their own
terms. Applications for renewal shall follow the same procedure as the original
application. In +he event +he d-e-p rtmnn} er +he chief of nelice have roc enable
cause to believe that there may be grounds for denying renewal of a permit
hereunder, they shall have the authority to require the applicant for renewal to
follow the same procedures as are provided herein for the original issuance of a
permit:
Sec. 13-158. 121ates andi bBadges.
The Planning and Community Development Ddepartment shall issue to each
permittee at the time of delivery of his the permittee'slicense one (1) laminated
copy of the license, and any necessary badges, which shall contain upon the
badge the photographic image of the operatorsrelated to the license to be
displayed, the business category(ies) of the license, the issue date and duration
of the license, and the location(s) approved for vending. The City shall
incorporate the processing costs of these items into the schedule of fees.two (2)
nlatec far ea,.h „chicle to he � iced plus a metal badge for each individual
permitted under this article. The plates or badges shall bear the words
vehicle used by the permittee, either on both sides or on the front and rear of the
vehicle so used. Such badge shall be worn constantly by the permittee on -the
front of his hat or outer garment in such a way as to be conspicuous during such
time as such permittee is engaged in peddling.
(Code 1955, § 14-37)
Sec. 13-159. .Non -transference of license
No plate or badge issued under the provisions of this article shall be used or
weha at env time by anv ne se-n ether then the nne to whem it wa-s iss ierl
Licenses shall only apply and be usable by the specific business and individuals
listed on the application. If the license lists a specific location for the street
vendor's operation, re -usage of that particular space is to remain at the sole
discretion of the issuing authority. Badges shall serve as identification for
authorized operators and cannot be transferred between individuals.
(Code 1955, § 14 38)
Sec. 13-160. Loud noises and speaking devices.
(a) No peddlerstreet vendor,nor any person onin his behalf of the vendor, with
the exception of an ice cream vendor,shall shout, make any cryout, blow a
horn, ring a bell or use any sound device, including any loudspeaker, radio or
sound amplifying system, upon any of the streets, alleys, parks or other public
places of the city or upon any private premises in the city where sound of
sufficient volume is emitted or produced therefrom to be capable of being
plainly heard upon the streets, avenues, alleys, parks or other public places,
for the purpose of attracting attention to any goods, wares or merchandise
which such geddlef licensee proposes to sell.
(b) An ice cream vendor is permitted to utilize music to alert potential customers
that it is in the area for the purpose of selling its product. The playing of music
is only permitted during the hours of 10:00 a.m. and 8:00 p.m, and only in
areas more than one thousand five hundred (1500)ftaway from any Pre-K or
K-12 school during school hours. The music shall not be played at a level to
constitute a nuisance.
(c) A mobile vendor special event coordinator is permitted to have live musical
performances or pre-recorded music in conjunction with the mobile vendor
special event. Intent to provide live or pre-recorded music must be stated in
the application package for the special event permit and must comply with the
city's noise ordinance set forth in Article V of the Code of Ordinances.
E
Code 1955, § 14 39)
Cross reference Noise generally, § 15 73 et seq.
County- 'refer nce Noise by hawk rsnd peckilerrsa -c�---2-vjrTT'
Sec. 13-161. Use of streets. `" P
No peddle -street vendor shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location, nor shall the
vendor be permitted to operate in any congested area where his the vendor's
operations might impede or inconvenience the public. For the purpose of this
section, the judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or
inconvenienced.
Exceptions to this provision apply in cases where the City of Opa-locka has
designated a registered"stall" in the publicright-of-way.
(Code 1955, § 14 40)
Cross reference Obstructing public ways generally, § 19 4.
Sec. 13-162. Exhibition of permit.
Peddlers Street vendors are required tovisiblyexhibit their permit and
badge on their person and/or cart at all times. +ho request „+ any eitimoo,,.
(Code 1955, § 14 41)
Sec. 13-163. Enforcement by police.
It shall be the duty of any police officer of the city to require any person
seen Peddf+ngvendinq, and who is not known by such officer to be duly
permitted,and who does not display their permit or badge, to produce
suchhis neck e s permit, and to enforce the provisions of this article against any
person found to be violating the same.
Special Events Vending: When requested by any police officer of the city, the
mobile vendor special event coordinator can be required to produce the special
event permit for the event.
(Code 1955, § 14 42)
Sec. 13-164. Report, record of convictions.
The chief of policePolice Department shall report to the_Building and License
Department all convictions for violation(s) of this article, and the department
Building and License Department_shall maintain a record for each permit issued
and record the reports of violation therein.
(Code 1955, § 14 43)
Secs. 13-165-13-174. Reserved.
Sec. 13-165 Mobile Vendor Requirements:
A.. earance.
a. All items or services to be sold from a mobile cart must:
i. Be vended from a regulation size vending cart, as determined by the
City of Opa-locka. Examples of such carts, with noted dimensions.
shall be available for review in the Planning and Community
Development Department.
ii. Be easily carried or conveyed.
iii. Not cause undue or offensive odors.
iv. Involve a short transaction period to complete the sale or render the
service.
v. Display merchandise in a reasonably organized manner. Carts shall
not be overloaded or disheveled in appearance.
b. Advertisements on any equipment utilized by a street vendor shall be subject
to regulations found in the City of Opa-locka's Signs Ordinance.
c. The City of Opa-locka may require a design review to ensure aesthetically
pleasing carts or vehicle are utilized.
d. No vendor shall operate while intoxicated and/or be in a state of unkempt
appearance.
(b) No mobile vendor shall station itself upon any public street or right-of-way, or upon
any private property, except with the express permission of the property owner and
in a manner, which does not impede the flow of traffic on public streets or rights -of -
way, nor block pedestrian access to public streets or rights -of -way, unless
participating in a City approved and permitted mobile vendor special event or a City
sponsored event.
(c) Under no circumstance shall a mobile vendor be deliberately emplaced so as to
hinder emergency services.
(d) No mobile vendor shall be permitted to operate in any congested area where the
vendor's operations might impede or inconvenience the public; with the exception
of those participating in a city approved and permitted mobile vendor special event
or a City sponsored event. For the purpose of this article, the judgment of a police
officer, exercised in good faith, shall be deemed conclusive as to whether the area
is congested or the public impeded or inconvenience.
(e) No mobile vendor shall remain overnight in any one (1) site, except in the case of a
special event exhibition, exposition, art show and/or festival, where they are
permitted to remain on the site from the beginning to the end of the special event.
In such instance, the mobile vendor shall secure a special event permit permitting
overnight siting, even if the vendor has a regular vendor permit.
(f) All mobile vendors must provide for their own trash and garbage removal such that
no trash or garbage remains on the premises upon which the sale or vending
transaction was conducted. Vendors are prohibited from utilizing City -owned
receptacles for disposal of packing containers or boxes.
(g) All disturbed areas must be cleaned following each stop at a minimum of twenty
(20) feet radius of the sales location
(h) No mobile vendor shall wave, flag or motion to vehicles on the street.
Sec. 13-166 Mobile vendor special event.
A mobile vendor special event shall be permitted without a public hearing
provided:
(1) The mobile vendor special event shall:
a. Be limitedto one (1) event per week per calendar year at the
same location;
b. Be permitted to operate as an accessory use to any culinary
institute;
c. Operate no later than 9:00 p.m., Sunday through Thursday. Up to
four (4) days per year, a mobile vendor special event may operate
until midnight, Monday through Thursday, provided that these four
(4) dates are included as part of the schedule of events provided in
the application for the permit.
d. Operate no later than midnight, Friday and Saturday.
e. Be permitted to operate for multiple consecutive days, provided
that all dates are noted on the application. The number of
consecutive days cannot exceed five (5) unless it is a City
sponsored event. The City may elect to permit all or part of the
dates which are applied for.
(2) A special event permit shall be obtained for each mobile vendor special
event site on an as -needed basis. The special event permit package shall
include all of the following:
a.Notarized letter from property owner(s) of record authorizing the
mobile vendor special event and designating a mobile vendor
special event coordinator;
b.Duration and Schedule of event(s);
c.Notification and sign -off from the Opa-locka Police Department;
d.A traffic safety and security plan;
e.Narrative describing the hours of operation, estimated public
attendance; and description of other amenities provided;
f.Copies of state licenses and local vending license of each of the
individual mobile vendors participating;
q.The maximum number of individual mobile vendors which may be
present at the mobile vendor special event. This maximum number
shall be indicated on the special event permit;
h.Site plan or survey indicating the general placement of the
individual mobile vendors; location of refuse facilities, if not hauled
away; location of sanitation facilities; location of on -site and off -site
parking; lighting fixtures, if applicable; and rights -of -way, internal
circulation and ingress/egress;
i.Whether live music or pre-recorded music will be provided during
the special event;
j. Any other permits, such as street closure permits, which may be
required by the City for the event;
k. Accompanied by a permit fee in an amount to be the Schedule of
fees. Proceeds from the permit fee shall be designated for
economic redevelopment in the area where the mobile vendor
special event occurs.
(3)If the mobile vendor special event permit application is incomplete; or if
the mobile vendor special event is operating in a manner not consistent
with the representations made in the application for special event permit; or
the mobile vendor special event coordinator fails to comply with any
provisions of this section, the city has the authority to deny or revoke the
special event permit.
(4)The designated mobile vendor special event coordinator shall:
a.Assist in the placement/positioning of individual mobile vendors
during the special event;
b.Maintain for inspection at the special event all pertinent
documentation provided by the individual mobile vendors such as
proof of licensing and insurance;
c.Assure compliance with hours, clean-up and other permit
requirements.
Sec. 13-167Designation of Sites - "Stalls":
The City of Opa-locka, may, at its discretion, specify specific areas where vendors are
allowed to operate. These sites will be reviewed periodically, but at minimum, annually,
at least 60 days before October first.
The City of Opa-locka, may also, at its discretion, specify sites on a public right-of-way
or publicly owned vacant lots, as a vending area "stall." Such stalls will be clearly
marked and numbered, and reserved for specific vendors to which the stall is assigned,
and the City shall levy a fee for rental use of such "stalls." Monies derived from any such
program shall be earmarked for specific use in maintenance of the common area of the
vacant lot or public right-of-way on which the stall is located, if applicable; city
beautification; and redevelopment.
Such stalls shall be subject to the additional guidelines:
1. If the vendor is to be absent from the stall for a period of fourteen (14) or
more days, the vendor must notify the Community Development Department
in advance of the date(s) of any such absence(s). The Department may then
assign the space designated or reassigned during any such absence.
2. The vendor shall be responsible for the disposal of any garbage within 25 feet
from the area of the stall during operating hours.
3. Such stalls shall be designated by the City as permitting mobile or non -mobile
street vendors, or either.
4. Cost Recovery. The City is empowered to recover all costs associated with
the space allocation process as a separate special fee in the Schedule of
fees.
Sec 13-168Prohibited Acts:
(a) Prohibition on vending in center median or vehicular right-of-way. No person shall
stand, sit or remain on a street or on or within six (6) feet of the traveled portion of a
highway or upon any center median strip, for the purpose of selling, offering for sale
or advertising any product, property or service to the driver or passenger of any
motor vehicle using the street or highway, unless participating in a city sponsored
event and/or a city approved and permitted mobile vendor special event.
(b) Schools and Parks. Vendors are prohibited from operating within five
hundred(500)ft of schools between the hours of 7 AM and 3 PM, except in cases
where the City of Opa-locka designates specific areas as permissible. Unless as a
special condition granted by the City of Opa-locks as part of the license, vendors
shall be prohibited from operating in a park during that park's hours of closure.
(c) Offsets: No mobile vendor may vend or conduct business in such a manner as to
restrict or interfere with the ingress or egress of the abutting property owner or
tenant or create or become a public nuisance, increase traffic congestion or delay
or constitute a hazard to traffic, life or property or an obstruction to adequate
access to fire, police or sanitation vehicles.
(d) Prohibition of sales around Residential Areas.
a. No Mobile Food Vendor shall conduct business within any single family
residential zoning district, including townhouse districts, but may be located
in such districts when serving and within one hundred (100) feet to a
property with an active building permit.The zoning of the right-of-way shall
be construed to be the same as that of the parcel which it abuts, up to the
central median line of the overall right-of-way.
b. No Mobile Vending Unit may operate within fifty (50) feet from a Single
Family or Multi -Family residential use. Single -Family or Multi -Family
residential use as defined in this section shall not include a residence that is
part of a business or a Mixed -Use structure.
c. All Mobile Vending Units between fifty (50) and one hundred (100) feet from
a Single -Family or Multi -Family residential use must obtain the consent of
seventy-five percent (75%) of the owners of the Single -Family or Multi -
Family residential property within a one hundred (100) foot radius around the
Mobile Vending Unit. Consent from the property owners must be original,
signed, notarized, and dated within thirty (30) days from the date the vendor
operates on said location.
Sec. 13-169. Revocation of License
(a) Licenses issued under the provisions of this chapter may be revoked by the City
Commission after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the
application for license;
(2) Fraud, misrepresentation or false statement made in the course of
carrying on his business as street vendor;
(3)Any violation of this Article;
(4)Conviction of any crime or misdemeanor involving moral turpitude;
(5)Conducting the business of street vending in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the public.
(6) Violations of established health department or business regulations.
(b)Notice of the hearing for revocation of a license shall be given in writing, setting forth
specifically the grounds of complaint and the time and place of hearing. Such notice
shall be mailed to the licensee at his last known address with a postmark of at least five
(5) days prior to the date set for hearing.
(c) The decision regarding the revocation of license by the City Commission shall be
conclusive and final.
(d) Any mobile vendor whose license has been revoked pursuant to the provisions of
section shall be prohibited from participating in any mobile vendor special event until
such time as the license has been reinstated.
(e) Vendors who have had their license revoked may apply for a new license no earlier
than three(3) months after the revocation of license. The Planning and Community
Development Department shall consider prior revocations of licensing in its
determinations of whether to issue a new permit.
Sec 13-170 Permit Caps:
The City of Opa-Locka may elect to adopt a permit cap on the overall and/or categorical
number of vendors in the city. Any such cap shall be reviewed annually by the Planning
and Community Development Department, and publicized at least thirty (30) days
before the deadline for renewals of annual licenses.
Sec 13-171 Exemptions:
(a) Exemption from setbacks on distance requirements from residential areas shall
only be permitted if it listed as a specific allowed use with the issuance of special
events permitsissued by the City of Opa-locks. Such allowances shall be limited
to the event in question.