New Food Truck Curfew Unfairly Targets Ethnic Street Food Vendors


A new food truck ordinance was adopted on Sept. 13th by Orange County. It falls under Chaptet 38 under a zoning ordinance. 

The new rules that will impact food trucks the most: 
1. Food truck curfew: food trucks must stop operations at midnight.
2. Music now not allowed.
3. Seating now not allowed.
4. If more than one food truck is proposed on a lot, it is now considered an open air market and may be allowed only if approved by special exception. 

The trucks affected by the new ordinance are the trucks set up in OBT. This is incredibly damaging to the street food culture established and entrenched for years at serve a primarily Latin crowd. These gatherings have run until 2am and later. It's an after-club gathering. The food served is authentic Latin food from many countries and had been appreciated for years.

As a blog that has run hundreds of food truck gatherings all over Central Florida, we find these changes damaging to a wonderful culture. This is a grass roots ethnic aspect of our community that is valuable due to its uniqueness. It's abhorrent that it's being damanged by enforcing shorter hours, nthe removal of cultural music, the removal of convenient seating. 

Food truck operators wishing to voice their concern may speak at public comment at the beginning of any Board of County Commissioners meeting. Each will receive up to 3 minutes each to air their concerns. The BCC can always suggest to amend the ordinance to make changes if they think it's warranted.

The language of the new Orange County food truck ordinance is below. Items stricken from the language of the ordinance are underlined. Items added to the language of the ordinance are in bold.

(87) A single portable food vendor, including a food truck or vehicle, shall be a permitted use on a parcel or lot, subject to the standards requirements in subsections a. through f.i., or it may be permitted as a special exception in a C-1 zoned district pursuant to subsection jg., subject to the standards requirements in subsections g. and a. through e. h. and j.:

a. No overnight stay;

a. Hours of operation shall be limited to between 7:00 a.m. and 12:00 a.m.;

  1. Outdoor seating shall be prohibited;

  2. Audio equipment and video equipment shall be prohibited;

d. Overnight stay shall be prohibited unless the use is located in a zoning district that permits outdoor storage, in which case the vehicle, truck and any other equipment stored overnight shall be placed in an area that is not visible from a public right-of-way.

b.e The operation shall not be located within a public right-of-way, and if it abuts a public right-of-way the operator shall first obtain a right-of-way utilization permit for construction of a driveway to provide access to the site, as required by Section 21-239 of the Orange County Code, and the operation it shall be setback a minimum of ten (10) feet from any such public right-of-way;

cf. Pursuant to Section 31.5-144(a), No signage is prohibited.

 dg. The operation shall not be located within any driveway, driving aisle or on any parking spaces required pursuant to Article XI of Chapter 38 of the Orange County Code;

eh. The operation shall not be permitted on any property not containing a licensed and approved business or on any vacant property or vacant building;

i. The vendor shall provide the County with a notarized affidavit from the property owner approving a food vending operation.

fj. In the C-1 zoning district, the operation shall be located under the canopy of the principal building on-site, except as may be permitted as a special exception under subsection gj;

gk. In the C-1 zoned district, an operation may be permitted as a special exception in an area that is not located under the canopy of the principal building on-site, provided the length and width of the mobile trailer are equal to or greater that an seven (7) feet by fourteen (14) feet, such an operation satisfies the standards in subsections a. through e.i., and such an operation is situated at least 1,000 feet from any other such operation (the distance being measured from property line to property line).

If more than one portable food vendor is proposed on a lot or parcel, it shall be deemed an open air market, and may be allowed only if approved by special exception.