Loading...
07-024 " 1 2 ORDINANCE 07- oaL.f 3 4 5 ORDINANCE OF THE CITY COMMISSION OF THE 6 CITY OF BOYNTON BEACH, FLORIDA AMENDING 7 PART III, "LAND DEVELOPMENT REGULATIONS" 8 OF THE CITY'S CODE OF ORDINANCES, CHAPTER 2, 9 "ZONING" TO CREATE A NEW SECTION 19, 10 "MOBILE VENDORS" ESTABLISHING REGULATIONS 11 FOR MOBILE VENDORS OPERATING WITHIN THE 12 CITY, INCLUDING DEFINITIONS, LOCATION 13 RESTRICTIONS, PERMIT APPROVAL PROCESS, AND 14 OPERATIONAL REQUIREMENTS; PROVIDING FOR 15 CONFLICT, SEVERABILITY, INCLUSION; AND 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission for the City of Boynton Beach ("City") has been 19 advised that there are currently mobile vendors selling prepared foods that are operating in the 20 City on streets, sidewalks, and at convenience stores, and other commercial locations in the 21 City; and 22 WHEREAS, currently there are no zoning regulations for such mobile vendors, and, 23 as a result, such types of uses are not permitted within the City; and 24 WHEREAS, in order to permit the mobile vendors to operate within the City, and to 25 insure the protection of the public's health, safety, and welfare, the City Commission finds 26 that it is in the best interest of the health, safety, and welfare of the citizens of Boynton Beach 27 to enact regulations related to the operation of mobile vendors in the City. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA: 30 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 31 ratified and confirmed by the City Commission. S:ICAIOrdinances\Mobile Vendors 082207.doc 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 " 1 Section 2. That Part III, "Land Development Regulations", Chapter 2, "Zoning", of 2 the Code of Ordinances of the City of Boynton Beach is hereby amended by enacting a new 3 Section 19 entitled, "Mobile Vendors" to read as follows: A. PURPOSE The purpose of this ordinance is to provide for the regulation of street and sidewalk vending activities in certain commercial and mixed-use zoning districts of the City, in order to more fully promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of street and sidewalk vending is necessary to protect the public health, safety, and welfare and the interests of the City in the primary use of public streets and sidewalks for use by vehicular and pedestrian traffic. It shall be unlawful for any person, firm, corporation, or association to engage in or carryon the business of vending food, goods or services upon the public ways of the City of Bovnton Beach without first having secured a permit or permits as required by this ordinance. B. DEFINITIONS For the purpose of implementing and interpreting this ordinance, the following definitions shall apply: Adulterated shall mean the condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, in a quantity which may render it injurious to health. Approved manner shall mean that method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Approved source shall mean a licensed food processing establishment considered satisfactory by the health director and serving food products which are clean, wholesome, free from adulteration or misbranding and safe for human consumption. Commercial or Mixed-Use Zone shall mean any property which is presently or hereafter zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2, MU-L3 and MU-H or any commercial or mixed-use zoning districts subsequently adopted by the City of Bovnton Beach. S:ICAIOrdinances\Mobile Vendors 082207.doc 2 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Commissary shall mean a food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile vendors. Corrosion resistant material shall mean a material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions and other conditions-of-use environment. Easilv cleanable shall mean that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods. Food shall mean any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. Food handler shall mean a person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, engaged in the preparation, handling or vending of food. Food vendor shall mean any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to selL exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot. Label shall mean a display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law. Liquid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice. Merchandise shall mean items of clothing. jewelry (including timepieces): photos, artwork, housewares, flowers, plants, landscape materials, carpets phones and accessories, small appliances, medicines, personal care items: books and/or magazines as well as audio or video recordings, tapes, discs or other media. Mislabeled and misbranded shall mean the presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as S:ICAIOrdinances\Mobile Vendors 082207.doc 3 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 stipulated by the Food and Drug Act, Title 21, Chapter 1-101.15 or which violates any applicable federaL state or local labeling requirements. Mobile vendinJ! unit (MVU) shall mean any movable cart, trailer, or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of this ordinance shall not apply to mobile caterers or service providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residentiaL business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retaiL for the convenience of the personnel of such establishments Perishable food shall mean food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and wholesomeness. Permit shall mean a license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the City's Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending. Potentially hazardous food shall mean any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (A W) value of 0.85 or less. Public wavs shall mean and include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for public use or access. Safe temperatures. as applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (40) degrees Fahrenheit (sixty i60~ degrees Celsius) or above and zero degrees Fahrenheit (minus seventeen 17 degrees Celsius) or below for frozen food storage. Sanitize shall mean effective bactericidal treatment of cleaned surfaces of equipment and utensils by a process which has been approved by the Division of Hotels and Restaurants of the Florida Department of Business and S:ICAIOrdinances\Mobile Vendors 082207.doc 4 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Professional Regulation as being effective III destroying microorganisms including pathogens. Services shall mean personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing household goods, tools, and equipment. Single service articles shall mean cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded. Sticker shall mean a decal issued by the Planning and Zoning Division of the City's Department of Development that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile vending unit. Utensil shall mean any implement used III the storage, preparation, transportation or serving of food. Vehicle shall mean every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn. Wholesome shall mean in sound condition, clean, free from adulteration and otherwise suitable for use as human food. C. PERMITS REQUIRED FOR MOBILE VENDORS It shall be unlawful for any person, firm, corporation, or association to engage in or carry on the business of vending food, goods or services, upon private property or the public ways of the City of Boynton Beach without first having secured a permit or permits as required by this ordinance. It is not the intent of these regulations to be applied to mobile vendors temporally approved in conjunction with a special event. D. APPLICATION REQUIREMENTS Applications for a permit shall be filed at the Office of the Planning and Zoning Division of the City's Department of Development. Such application shall contain all the information required below, along with the current non- refundable fee, to qualify for the permit. A decision to issue a permit will be based on this information, other applicable ordinances, and other requirements as may be set forth herein. The applicant must satisfy the following requirements before a vending permit can be issued: S:ICA IOrdinanceslMobile Vendors 082207.doc 5 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a) Submit the name and home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending or mobile vending unit to be used in the operation of the vending business. b) Submit written evidence of the approval for the vending site from the owner and/or tenant of the abutting property if the mobile vendor intends to be located on a public street or sidewalk. If the mobile vending site is located on private property, the applicant shall submit a copy of the property owner's and/or tenant's apProval for said vending site. c Submit a scale drawin lot Ian showin the area to be used alon" with applicable dimensions, plans and/or photographs detailing the design and size of the MVU to be used including all appurtenances and signage to be displayed. d For vendors ro osin to locate on ro ert owned or controlled b. the City of Boynton Beach, the applicant shall maintain in force, a comprehensive general and automobile liability insurance policy with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage. Said policies shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. e Evidence of state or count For food vendors the name and address of the commiss the vendor operates. from which Each vendor shall secure and maintain in force workers' com ensation insurance to statutory limits or a workers' compensation waiver provided by the vendor's insurance broker/agent. The vendor shall furnish the City's Risk Management Department with a certificate of insurance prior to operating in the City. Said insurance companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. The City reserves the right to require additional tyPes of insurance, or to raise or lower the stated limits, based upon identified risks. E. FEES Each application for a street vending permit shall be accompanied by a two hundred and fifty dollar ($250.00) application fee. The application fee shall be non-refundable and in addition to, and separate from, the permit fee of fifty S:ICA IOrdinances\Mobile Vendors 082207.doc 6 " 1 2 dollars ($50.00) per MVU and the fee for the business tax recept, all of which shall be collected prior to issuance of the permit. S:ICAIOrdinanceslMobile Vendors 082207.doc 7 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 F. PERMIT APPROV AL The Board of the Community Redevelopment Agency (CRA) or the City's Planning and Development Board (P&D) shall consider applications for a vendor's permit at regularly scheduled meetings of the respective Board. The applicant shall be permitted to make a brief presentation of his or her application and may be questioned by the Board. In determining whether to issue a permit, the Board(s) shall consider the standards and requirements set forth in this ordinance and input from City staff. the applicant, and the general public. In addition, the Board(s) may impose such special conditions to the permit as they may deem necessary to assure compliance with this ordinance. In the event two or more applications are received for the same location, the earliest application, if approved, shall be awarded the location. Upon approval of the application by the respective Board, the permit shall become effective when the permit fee and business tax is paid. G. TERM OF PERMIT All permits issued pursuant to this ordinance shall be effective as of the nearest first day of the month, regardless of the actual date of issue, and shall expire one year from the effective date thereof, unless sooner revoked in the manner provided in this ordinance. H. PERMIT RENEWAL All permits issued pursuant to this ordinance may be renewed, unless the permittee is officially notified to the contrary by the City of Boynton Beach. A vendor applying for the renewal of a permit for a business that remains unchanged since the last application or renewal is required to pay the permit renewal fee only. Renewal must be requested 30 days prior to expiration. I. DESIGN and LOCATION Upon receipt of an application for a permit, the City and/or CRA staff shall review the design of the vending unit and the proposed location to determine if it is suitable for vending and provide a written report to the respective Board. In making its determination, the staff shall consider the following criteria: a Mobile vendin units are limited to one assi ed location and a each unit in that location must be compatible in materials and color with the surrounding urban environment. S:ICA IOrdinances\Mobile Vendors 082207.doc 8 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b) No permit shall be issued for a location within 100 feet of a location for which a street vending permit has already been granted. c) The operating area must be located entirely within a commercial or mixed-use zoning district. d) The use of the vending devices must be compatible with the public interest in the use ofthe public ways and public rights-of-way. In making such a determination, the staff shall consider the tyPe and intensity of use, the width of the sidewalk, the proximity and location of existing street furniture, including but not limited to traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as well as the presence of truck loading zones. The staff shall also consider established and emerging pedestrian and vehicular traffic patterns, as well as other factors it deems relevant in determining whether or not the proposed use would diminish required parking or result in congestion of the public ways or the creation of a safety hazard. e) A minimum clear passage of a four-foot sidewalk width must be maintained for pedestrian travel at all times. f) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any public or private day care, school, park, or playground, or a single- family residential zoning district. g) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any established ongoing legally zoned business selling similar foods or other merchandise. h) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any church, temple, mosque, synagogue or other place of worship. J. GENERAL RESTRICTIONS and REGULATIONS Any person with a valid permit issued pursuant to this ordinance shall be limited to the sale of merchandise or food, or to the providing of personal services and vehicle cleaning, as restricted herein and shall be subject to the following additional restrictions and regulations: a) All vendors must display, in a prominent and visible manner, the permit issued by the City under the provisions of this ordinance. Mobile vending units capable of operating on public rights-of-way shall also display a current State of Florida license tag. S:ICAIOrdinances\Mobile Vendors 082207.doc 9 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b) All MVUs on public property, shall not OCCUPy an operating area of more than seventy-two square feet of space, which shall include the mobile unites), the operator(s), and a trash receptacle. A single entity may request approval for more than one MVU within the 72-square-foot operating area. Mobile vending units on private property shall be limited to the minimum area required to reasonably perform said services. c) The total size of a MVU on public property shall not exceed four and one half feet (54 inches) wide by eight feet (96 inches) long, including any hitch or fixed trailer components. It must have a minimum of two functional, fully inflated wheels, and have positive wheel-locking devices. Mobile vending units on private property shall be limited to the minimum size required to reasonably perform said services. d) The total height of a MVU on public property, including canopies, umbrellas, or transparent enclosures, shall not exceed seven feet (84 inches). Mobile vending units on private property shall be limited to the minimum height required to reasonably perform said services. e) The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons. Solicitin or conductin business with ersons in motor vehicles IS prohibited. g) All merchandise must be displayed on the vending unit. No merchandise shall be displayed using street structures (planters, trees, trash containers, signposts, etc.) or placed upon the sidewalk. h) Vendors shall not hinder or impede the use of any phone kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic control device. i) Vendors shall obey any lawful order from a police or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk. Vendors shall not make loud noises or use mechanical audio or noise- making devices to advertise his or her product. k) No permitted mobile vending unit shall be left unattended. 1) Each MVU shall be removed daily. An MVU shall not remain on any public or private property, or any rights-of-way between the hours of midnight and 6:00 AM. S:ICA IOrdinances\Mobile Vendors 082207.doc 10 I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 m) Vendors selling from a mobile vending unit on a sidewalk shall not: (1) wide. Vend at any location where the sidewalk is less than 10 feet (2) Vend within 20 feet of an entrance to any building, bus stop sign, driveway, stop sign, or cross walk of any intersection. (3) Obstruct the view of any directional sign, traffic control sign or device. n) All vending units must be self-contained. Utility service connections are not permitted. 0) Freestanding signs, flags, banners, tents, tarpaulins or awnings shall not be allowed within the road rights-of-way. All signs, flags, banners, tents, tarpaulins or awnings must be attached to, or resting against the vending vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by customers. In addition, any permitted operation, pursuant to this article, shall not display or otherwise erect freestanding signs, flags, banners or tents on public or private property within five hundred (500) feet of the permitted operation. p) Vendors of food or beverages shall comply with all applicable State and local health laws regulating the preparation, handling, and presentation of food. Food and beverage vendors shall also comply with the following: (1) Food handlers shall be certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and shall conform to good hygienic practices. The outer clothing of all food handlers in a mobile food- vending unit shall be clean, fully opaque and cover the entire torso from shoulders to the knee. (5) (6) (2) (3) Food handlers shall use effective hair restraints to prevent the contamination of food. (4) Food handlers shall not use tobacco in any form while engaged in the preparation and vending of food. Only single-service utensils shall be dispensed to the customer. All single-service items shall be stored in closed containers or cartons, off the floor of the vehicle, except that approved dispensers may be used for utensils and cups for immediate use in the vending operation. S:ICAIOrdinances\Mobile Vendors 082207.doc 11 II , , i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (7) All food vended shall be from an approved source. (8) Food that is adulterated, mislabeled, spoiled or unclean shall not be used, sold, or provided. (9) All perishable and potentially hazardous food shall be kept at safe temperatures. Frozen food shall be kept in the safe temperature frozen state until thawed for preparation or dispensed to the customer. (10) Food shall be stored in a manner as to prohibit cross- contamination. (11) Mobile food vending units shall be operated from a commissary and shall report at least daily to such location for all supplies and for all cleaning and servicing operations; however, mobile food vending units dispensing fresh fish and shrimp, prepackaged novelty ice cream, fruit and vegetables and individual portion size nonperishable foods such as pickles, candy, peanuts and including snow cones are exempt from this provISIOn. (12) Food, whether packaged or unpackaged, shall not be stored on the floor of any vehicle used in the food vending operation. (13) Effective measures intended to eliminate the presence of flies, roaches, and other insects shall be utilized. All chemicals used for this purpose shall meet EP A guidelines and shall be used in such a manner as to prevent contamination of food or food contact surfaces. (14) A MVU used for food vending shall be constructed of corrosion-resistant, durable materials. (15) The floors and sides of any MVU used for food vending shall be constructed of materials which are easily cleanable. (16) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulations of dust, dirt, food particles, splash, and other debris. (17) Equipment used for food vending shall be installed and maintained in such a manner that the equipment and the MVU used in the food vending operation can be easily cleaned. 18 A sink lavato soa and a er towels on the vendor's vehicle shall be required for dispensing shrimp, fish, shellfish, and other crustacea. Cleanin of all vehicles shall be accom Ii shed in a servicin area at the commissary and the MVU shall be cleaned as often S:ICAIOrdinanceslMobile Vendors 082207.doc 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 II as necessary but not less than once every twenty-four (24) hours; however, vendors of prepackaged novelty ice cream, fruit and vegetables, snow cones and prepackaged nonperishable food shall be exempt from this provision. (20) Vendor wastes of any kind shall not be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles or private dumpsters. (21) Solid waste shall be stored in an easily cleanable, covered container and disposed of during servicing operations at the commIssary. (22) Liquid waste resulting from any mobile vending operation shall be stored in permanently installed retention tanks of at least fifteen (15) percent larger capacity than the water supply tank, but of no less than thirty-gallon capacity, and shall be drained and thoroughly flushed during servicing operations. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary. (23) Ice shall be from an approved source. (24) Stored ice intended for human consumption shall not be used as a medium for cooling stored food or food containers. (25) Food products shall not be submerged under water, or in a water and ice mixture. (26) All food that requires packaging or preparation by the vendor shall be processed in the commissary that is required as a support facility for a mobile food vending unit: however, snow cones are exempt from this requirement. (27) Mobile vending units dispensing snow cones shall be designed so as to enable the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of the unit from dust, insects and rodents while the unit is in transit or overnight storage. (28) Snow cone vendors shall have hand-washing facilities, detergent, water and paper towels in or upon the mobile vending unit. (29) Mobile vending units shall provide waste containers for customers at such times when the unit is parked. (30) Deep fat, oil or grease cooking processes employing more than one quart of heated liquid shall be protected by an automatic fire extinguishing system. S:ICA IOrdinances\Mobile Vendors 082207.doc 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 II (31) Cooking processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public on three sides of the mobile vending unit or cooking equipment to a height of 18 inches above the cooking surface level and 4 feet above the level upon which the cart assembly rests. (32) Vessels contammg heated liquids or oils shall be thermostatically controlled so heat sources will automatically shut off when liquid reaches a temperature of 475 degrees F ahrenhei t. (33) Storage of extra fuel is prohibited in the vending area except as may permitted by the Fire Department. (34) Processes requiring flammable gases, liquid, or solid fuels shall not be permitted, unless approved by the Boynton Beach Fire Department. LPG containers shall be limited to no more than a 5 gallon capacity and no more than one such container per cart or vending display. (35) Vendors using open-flame cooking where steaks, ribs, hamburgers, sausages, hot dogs, or other products containing fat or grease are cooked, shall not be stationed beneath an awning or canopy of a building. K. PERMIT REVOCATION OR DENIAL The Planning and Development Board and/or the Board of the Community Redevelopment Agency, respectively shall have the power and authority to revoke or deny either the issuance or renewal of any permit applied for or issued under the provisions of this ordinance. In such cases the applicant or permittee shall be notified in writing by certified mail of the denial of a permit application, or the suspension or revocation of an existing permit and the grounds thereof. Notwithstanding the foregoing, any permit issued under this ordinance may be suspended or revoked by City staff based on one or more of the following grounds: a) Cancellation of the Vendor's permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation b) Expiration, suspension, revocation or cancellation of any other occupational license or permit required by the vendor. S:ICAIOrdinanceslMobile Vendors 082207.doc 14 " 1 c) The permit was procured by fraud or false representation of fact. 2 3 d) The abutting property owner or tenant withdraws consent, m 4 writing, for the mobile vending unit. 5 6 e) Violations of this or any other ordinance, the City's municipal code, 7 or when conditions exist that present a threat to the public health, 8 safety, or welfare. 9 10 Applicants who have been denied a permit and vendors who have had their 11 permit revoked for any reason, may formally appeal, in writing, within ten (10) 12 days of said denial or revocation, to the City Clerk for a hearing before the 13 City Commission. Consideration of any appeal is at the discretion of the City 14 Commission whose decision is final. 15 16 Section 3. Conflicting Ordinances. 17 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the 18 extent of such conflict. 19 Section 4. Severability. 20 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 22 the validity of the remaining portions ofthis Ordinance. 23 Section 5. Inclusion in Code. 24 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that 25 the provisions of this Ordinance shall become and be made a part of the CITY OF 26 BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be 27 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or 28 such other appropriate word or phrase in order to accomplish such intentions. 29 Section 6. Effective Date. 30 This Ordinance shall be effective immediately after adoption by the City Commission. 31 PASSED FIRST READING this _ day of ,2007. S:ICAIOrdinances\Mobile Vendors 082207.doc 15 " 1 SECOND AND FINAL READING ADOPTED this 18 day of SepTo ,2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ATTEST: 16 17 18 19 20 21 S:ICAIOrdinanceslMobile Vendors 082207.doc / ) .,.r< / 16