Anti-Food Truck Legislation Moving Forward?

[Metro Jacksonville]

Anti-Food Truck Legislation Moving Forward?



According to Councilman Reginald Brown, this legislation was drafted to provide regulation of food trucks; and equally promote the economic growth of both the Mobile Food Vending and established restaurant industries without a negative financial impact to the other. However, will it do this?  Take a look for yourself and decide.




Read More: http://www.metrojacksonville.com/article/2014-aug-anti-food-truck-legislation-moving-forward

[sheclown]

I thought we just had this fight

[thelakelander]

^This is revised version of Brown's original food truck regulation bill that caught so much heat earlier this year.

[sheclown]

I read through this -- we need someone with some insight to break it down for us.  These are my questions:

1.) What are the new restrictions?  Do they go beyond the currently required licensing for commercial kitchen and food truck regs?  And how so.

2.) What are the new location restrictions?  How will that impact food trucks?

Here is a copy the proposed legislation (from February) that was so strongly & successfully opposed:

http://www.metrojacksonville.com/article/2014-feb-food-trucks-to-be-legislated-out-of-existence/page/1#.U_Mn-GNqpco

[pierre]

For some reason, I thought this issue was done. I doubt the reaction is going to be any different than the last time he tried this.

[Noone]

WOW! Bring a tape measure.

The agenda meeting for Finance is 2 1/2/ hours out starts immediately at 8:30 am. And the full Finance committee meeting starts at 9 am.

Does everyone remember 2010-856 the transient vendor ban?
2014-412 - The Water taxi legislation was withdrawn at 8/18/14 RULES. How convenient.
Today 2014-305 New docking RULES and PENALTIES will also be in Finance and RCDPHS the question for this community and the state of Florida will be if Don Redman the Chair of RCDPHS will offer an amendment on 305 that would allow commercial opportunity on our Waterways on any existing and new dock, pier, kayak launch in our new CRA/DIA 4.8mile Waterfront zone from the Fuller Warren Bridge to the Mathews Bridge. Does anyone else feel sorry for the Baltimore guys?

2014-560 is active legislation that will establish our new 20 square mile plus CRA/DIA zone. 4.8 miles is a super restricted Waterfront zone unless changed by an amendment. RICO guys pay attention here.

I was at Rules and I heard about the 50' distance. Also someone in the restaurant business was called up and was asked about his thoughts on food trucks. He was positive. Another issue that I heard addressed was a food truck not disposing of his waiste properly and a food truck guy came to the podium and indicated that compliance will be initiated in some part that the good guys will be able to weed out the bad guys.

What I'm surprised about is the waiving of any responsibility by the lawmakers who are creating the Rules that we will have to follow.

It passed out of Rules unanimously. Stay Positive.

A new Authority
Embrace It
Or
It will Embrace Us

[strider]

(b)   Vending areas. Mobile Food Dispensing vendors may vend food or nonalcoholic beverages from a mobile food dispensing vehicle in all zoning districts except the Commercial Neighborhood (CN) zoning district subject to the issuance of a zoning exception pursuant to the Zoning Code.

I find the above troubling. It reads to me to mean that a food truck must get a zoning exception to operate any where except a Commercial Neighborhood (CN) zoning.

Mobile Food Dispensing vendors may vend food or nonalcoholic beverages from a mobile food dispensing vehicle in all zoning districts except the Commercial Neighborhood (CN) zoning district subject to the issuance of a zoning exception pursuant to the Zoning Code.

It sort of feels like it should read that you need an exception to operate in a CN zoning, but that is not what it says. What it says is that you can only operate in a CN zoning without an exception. CRO, CCG-1 and CCG-2 would all require an exception.

Doesn't that eliminate 95% of all areas of Jacksonville?

[Noone]

30 minutes out. Anyone going? Is even one candidate running for city council going to be there?

[strider]

From Section 250.1201:
(e)   Except where already designated in the Downtown Area and City Parks as set forth in Sections 250.1203 and 250.1204 of this Part, a Mobile Food Dispensing Vendor is not allowed to locate:
(1)   On any divided road which does not have curbs and sidewalks alongside such road; on or in any median in any road; within any area which would block the view of traffic or traffic signals or traffic signs;
(2)   Within 15 feet of any crosswalk; any building entrance or exit or any walk which leads directly from a building entrance or exit;
(3)   Within 20 feet of any bus stop;
(4)   Within 25 feet of any intersection of a public street, right-of-way, driveway or alleyway;
(5)   Within 75 feet of any vendor who has been granted an assigned location permit pursuant to Section 250.301(a);
(6)   Within 15 feet in all directions of any fire hydrant;
(7)On any property on which is located any established permanent business which sells the same types of products or services as requested to be sold by the Mobile Food Dispensing Vendor, unless the property owner or business owner of the established permanent business provides written consent to allow the Mobile Food Dispensing Vendor to locate and operate on the established permanent business.

Section 250.1203. Requirements to operate and locate Mobile Food Dispensing Vehicles in Downtown Jacksonville.
(a)Downtown Jacksonville is defined as that area designated within the boundaries of the Community Redevelopment Area (CRA) as depicted on the map in Figure 1 attached and incorporated herein also including all Downtown Overlay districts.
(b)Zoning categories referenced in Chapter 656 of the Zoning Code are not applicable to Downtown Jacksonville.
(c)Distance and location requirements for the Downtown area.
(1)All distance requirements set forth in Sections 250.1201 (d) (2)-(6) of this Part.
(2)Within 15 feet of any vendor who has been granted a permit pursuant to Section 250.301(a) and Part 10 of this Chapter.
(3)Within 50 feet of a permanent establishment selling food for on-premises consumption, as measured from a primary entrance of the permanent establishment to the Mobile Food Dispensing Vendor.
(4)Within 50 feet of a residential unit, unless that residential unit is development part of a vertically mixed-use structure with ground floor non-residential, as measured from the front door of that residential unit to the Mobile Food Dispensing Vendor.
(5)In Downtown Jacksonville, Mobile Food Dispensing Vendors are not allowed to locate or operate on any city Right-of-Way or metered parking space.
(d)Hours of operation in the Downtown area are unlimited.

The above are the distance requirements.  The section for Downtown adds to the requirements so both apply.

It appears that this new ordinance that was quickly moving through Council is as restrictive as the first one, it just uses different language.  It does seem a bit more friendly to Food Trucks Downtown than the Burbs, but then it seems to be trying to all but eliminate them in the Burbs.   I think that if this passes as is, you can say good bye to all the food trucks you see in Springfield, for instance, even for special events.

[ChriswUfGator]

Nah it won't be a problem, Strider, SPAR would never call code enforcement on anybody...

[tufsu1]

my understanding is that several food truck vendors helped re-write the legislation.  There was discussion yesterday on First Coast Connect and the person from beaver St Commissary (where food trucks store their food) seemed to be pretty positive on the new legislation.  I'd like to hear from some of the vendors before rendering judgement.

[Rob68]

We want to be a metropolitan city but it just wont happen...can someone just look at real metropolitan and take some lessons from those who do it well?

[Dog Walker]

I was at that meeting and heard some of the discussion.  A food truck operator spoke favorably about the proposal, that there were always some bad actors that made problems for the people that followed the rules.  He said that a number of truck operators were involved in drafting the new regulations.  He also said that they looked at the regulations from cities like Seattle and Atlanta for examples.

Pat Corrado, a local restauranteur, happened to be there for another item, but was recognized by Shellenburg and asked to comment on food trucks as a brick and mortar restaurant owner.

Mr. Corrado said that he liked food trucks, frequently ate from them and welcomed the competition.  "Keeps us on our game.  Also attracts new customers to the area when I have my place."  He thought that the fifty foot limit from his front door was fine.

[EatDrinkJax]

We recently interviewed a food truck owner who participated in the process. His comments were from a few weeks ago and the interview is still a week away from publication, but here's what he said:

How do you think the City has handled the food truck legislation?

I was in full support once the process was opened up to allow feedback. I thought Councilman Brown listened to both sides of the argument and I think he gave everyone a fair opportunity to offer their input as to how the legislation should be drafted. It may be a little more stringent in some areas and a little less stringent in other places but overall I think there was some good give and take and most of the regulation is extremely fair to both food trucks and brick and mortar restaurants.

[strider]

I strongly advise anyone who this may effect read this carefully and really make sure you understand what it really says.  Even if you think you had input.  What they say and what actually goes into ordinances like this are often two different things.

For instance, I do believe it says that to operate a food truck in CRO or CCG zoning, you need to get a zoning exception.  Is that really what the food truck guys wanted? Or is it a way of all but eliminating them? Or a mistake in how it is worded?