On motion of Mr., seconded by Mr., the following resolution was offered:
RESOLUTION NO.
A resolution authorizing the Planning Department and the Planning Advisory Board to conduct a text study of Chapter 22, Article III, Sale From Temporary Stands or Vehicles, Chapter 33 Unified Development Code, and Chapter 40 Zoning of the Code of Ordinances with the intent of determining requirements for the sale of food, food products, seafood of any kind, or beverages from motorized vehicles in the FC-1, FC-2, or FC-3 zoning districts of Fat City, establishing interim development standards, and providing for related matters. (District 5)
WHEREAS; the Fat City Strategic Implementation Plan, adopted by Ordinance No. 23627 on September 2, 2009, established a vision for a vibrant, mixed-use, pedestrian-oriented neighborhood with revitalized streetscapes, and new Fat City zoning districts, adopted by Ordinance No. 23881 on September 22, 2010, are a key implementation tool for this vision; and
WHEREAS, communities such as San Francisco, Raleigh, Miami, and Salt Lake City permit food trucks because they help to create a dynamic streetscape that encourages people to come out; and
WHEREAS, communities that permit food trucks use a variety of regulatory approaches; and
WHEREAS, on June 20, 2007 the Jefferson Parish Council adopted Ordinance No. 23082 that established regulations for the sale of merchandise including food from temporary stands or vehicles; and
WHEREAS, adjustments to these adopted regulations are needed for Fat City to address the unique characteristics of the neighborhood and the goals and purposes of the Fat City plan and zoning; and
WHEREAS, interim zoning regulations are needed to provide clarification during the course of the study.
NOW, THEREFORE, BE IT RESOLVED by the Jefferson Parish Council, Jefferson Parish, Louisiana, acting as governing authority of said Parish:
SECTION 1. That the Planning Department and the Planning Advisory Board are hereby authorized to conduct a text study of Chapter 22, Article III, Sale From Temporary Stands or Vehicles, Chapter 33 Unified Development Code, and Chapter 40 Zoning of the Code of Ordinances with the intent of determining requirements for the sale of food, food products, seafood of any kind, or beverages from motorized vehicles in the FC-1 Pedestrian Core District, FC-2 Residential Mixed Use District, or FC-3 Community Mixed Use District zoning districts of Fat City, and providing for related matters.
SECTION 2. That interim development standards are hereby in effect that permit the sale of food, food products, seafood of any kind, or beverages from a mobile food dispensing vehicle, mobile catering vehicle, cart or stand in the FC-1, FC-2, or FC-3 zoning districts of Fat City subject to the following criteria:
1.) Division 1 of Chapter 22, Article III of the Jefferson Parish Code of Ordinances shall be replaced by the following requirements:
a. The sale shall be conducted only on Tuesday between the hours of 7 a.m. and 10 p.m.
b. The sale shall be conducted from privately-owned property, but shall not be conducted on any area of the private property within ten (10) feet of a property line abutting any public right of way which is used for vehicular traffic.
c. Street furniture such as tables, chairs, and temporary shade structures for customers of the mobile food dispensing vehicle, mobile catering vehicle, cart or stand shall be permitted on privately-owned property, including within ten (10) feet of the property line.
d. Prior to the conducting of the sale the vendor must:
i. Submit to the Department of Inspection and Code Enforcement a copy of the receipt for payment of the occupational license tax; and
ii. From the Department of Inspection and Code Enforcement, obtain a permit that contains the trade name of the vendor, the authorized location(s), and the year of authorization; this permit will provide parish authorization to conduct such business. The vendor must display the permit placard conspicuously at the authorized location(s) at all times during the conduct of business.
e. The authorized vendor must have the minimum and maximum price of the food, food products, seafood of any kind, or beverages posted conspicuously on a sign no larger than six (6) square feet.
f. The authorized vendor must:
i. For customers, provide a trash receptacle located within fifteen (15) feet of the vendor’s mobile food dispensing vehicle, mobile catering vehicle, cart or stand; and
ii. Keep the area upon which the sale is conducted and the areas immediately adjacent to the area free from all refuse, litter, and trash attributable to his business activity.
g. At no time shall any vendor harass the public to purchase his products.
h. The authorized vendor shall make such state and local sales tax returns and other reports as required.
2.) The sale shall be governed by and must comply with the provisions of Division 2 and Division 3 of Chapter 22, Article III of the Jefferson Parish Code of Ordinances and Title 51, Part VI of the Louisiana Administrative Code, with the following exceptions:
a. Instead of applying to the Sheriff’s Office for the permit, the vendor shall apply to the Department of Inspection and Code Enforcement.
b. With the application, the vendor must submit a copy of a current lease or a letter of permission from each owner, lessor or sublessor of the private property upon which the sale will be conducted.
c. All vendors approved under this resolution are required to provide a commissary, depot, or processing plant for adequate storage, proper refrigeration and proper cleaning and sanitizing of equipment.
d. Commissaries, depots, and processing plants for mobile food dispensing vehicles and mobile catering vehicles shall comply with all applicable parish ordinances and state laws and regulations, including but not limited to division of health regulations governing depots for potentially hazardous food vendors.
i. When the commissary, depot, or processing plant is located in unincorporated Jefferson Parish, the Department of Inspection and Code Enforcement shall make an inspection to verify compliance.
ii. When the commissary, depot, or processing plant is located outside unincorporated Jefferson Parish, the Department of Inspection and Code Enforcement may accept a copy of the valid permit issued to the operator by the state health officer as proof of compliance.
e. The mobile food dispensing vehicle or mobile catering vehicle shall not be required to have one or more permanent restroom facilities on the same site as the vehicle.
f. A mobile food dispensing vehicle or mobile catering vehicle shall not be required to have electrical, water, and sewer connections.
SECTION 3. The interim development standards set forth in this resolution are in accordance with and by the authority of Sec. 33-2.23 and Sec. 40-880 of the Jefferson Parish Code of Ordinances providing, in pertinent part, that when a zoning or land use study has been initiated by resolution of the Jefferson Parish Council and pending final disposition of said amendment, supplement, change, zoning or land use study, interim development standards may be established that provide for reasonable approval conditions for certain types of development applications that would be otherwise affected by the study for one (1) year, which may be extended by the Jefferson Parish Council for not longer than one (1), six (6)-month period.
SECTION 4. That the Council Chairman or in his absence the Vice-Chairman be and is authorized to execute any and all documents necessary to give full force and effect to this resolution.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: NAYS: ABSENT:
The resolution was declared to be adopted on this the 27th day of February , 2013.