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1 Policies and Procedures Parks and Recreation & Conservation and Environmental Lands Management Departments SUBJECT: MOBILE FOOD DISPENSING VEHICLE POLICY EFFECTIVE: JANUARY 14, 2021 SUPERCEDES: NEW 1. PURPOSE To establish a policy and procedure for Mobile Food Dispensing Vehicles on Hillsborough County Parks and Recreation (HCPR) and Conservation and Environmental Lands Management (CELM) Sites. 2. AUTHORITY a. Florida Statutes section 509.102. b. HCPR and CELM allow mobile dispensing vehicles to vend on county property in accordance to policy BOCC policy 08.01.00.01. c. HCPR and CELM will enforce the noise ordinances in parks in accordance to the Parks and Recreation Ordinance Sec. 38-21. - Regulation of vehicles and traffic within parks and Sec. 38-24. - Prohibited activities. d. The Directors of HCPR and CELM “develop technical and administrative policies and procedures necessary for the execution of all assigned functions." (Job Description: Hillsborough County Unclassified Positions, date 06/24/2014). 3. DEFINITIONS a. Mobile Food Dispensing Vehicle (MFDV): is a public food service establishment mounted on wheels that is movable from place to place and includes (but not limited to) self-contained utilities, gas, water, electricity, or liquid waste disposal. 4. REQUIRED APPLICATION FOR PARKS APPROVAL a. All MFDV Vendors shall submit a completed application to the department for review, approval, or denial. b. Completed applications shall be submitted at least thirty (30) days in advance and no more than one hundred and eighty (180) days in advance. c. The HCPR or CELM reserves the authority to approve the vending locations, number of MFDV’s, dates, and times. d. HCPR or CELM reserves the authority to approve designated MFDV’s setup areas within each approved site. 2 e. MFDV Vendors shall be first come, first serve with a limit of vending four (4) times per month or twelve (12) days per quarter at one (1) location. f. MFDV Vendors must conduct operations on County property in a self-sufficient and sustainable manner which complements the immediate surroundings. This includes, but is not limited to, reducing or eliminating unnecessary noise, exhausts, and litter. Utilizing county utilities is prohibited. No food waste which will encourage vermin or other animals/insects shall be left on site. All MFDV generated trash shall be removed by Vendor. g. MFDV Vendors must provide current/up-to-date federal, state and local certification (if applicable) as it relates to mobile vending. h. There are no fees associated with MFDV Vendors vending on county property. i. HCPR or CELM Department shall issue written approval for MFDV’s Vendors to vend on county property. j. HCPR or CELM Department reserve the right to refuse MFDV Vendors at any time for any reason not prohibited by applicable law. 5. MOBILE FOOD DISPENSING VEHICLE (MFDV) ON COUNTY PARK PROPERTY a. MFDV Vendors will only be allowed to vend under the below situations: i. HCPR or CELM Department Co-sponsored event. ii. Approved and permitted HCPR or CELM 3rd Party event. iii. In conjunction with an agreement holder for the park site of the agreement. iv. In conjunction with Friends of the County Parks and Recreation, Inc. on designated sites. 6. MOBILE FOOD DISPENSING VEHICLE (MFDV) AT ATHLETIC COMPLEXES a. All Athletic Complexes that have agreement holders for concession stands shall allow for first right of refusal from agreement holders prior to approving a MFDV Vendor on site. 7. RULES AND REGULATIONS FOR MOBILE FOOD DISPENSING VEHICLES a. Illegal substances and alcoholic beverages are prohibited. b. MFDV Vendors must comply with all rules and regulations established by the HCPR or CELM department and all federal, state and local laws governing the use and operation of vending and labeling of merchandise. Contact the Florida Department of Business & Professional Regulation for regulations. c. It is the sole responsibility of the MFDV Vendor to ensure proper sales tax is applied, and appropriate permits are obtained (if applicable). 3 d. The MFDV Vendor/Owner’s supplies, and other equipment are at the MFDV Vendor/Owner’s sole risk for theft, damage, or loss from any cause. HCPR or CELM shall be held harmless from any claims or causes of action for liability in any way arising out of our direct or indirect connection with the use of such space by the Vendor or the Vendors’ activities for the sale or distribution of products. e. MFDV Vendors are responsible for the cleanliness of their assigned vending areas, customer trash, all waste removal. MFDV Vendors shall ensure that the park remains clean of any waste that is generated by the MFDV and its customers. MFDV Vendors or their employees are prohibited from dumping waste inside (but not limited to) park trash receptacles, park dumpsters, storm sewers, planters, etc. f. MFDV Vendors are not permitted on HCPR or CELM property overnight without approval. Failure to obtain approval may result in having the vehicle towed at the owner’s expense. g. MFDV Vendors shall abide by County Noise Ordinance outlined in the Authority section of this document. 8. EXEMPTIONS a. MFDV Vendors that are participating in an event hosted by HCPR or CELM departments are not required to submit an application for approval but shall comply with insurance requirements. 9. ENFORCEMENT AND FAILURE TO COMPLY a. MFDV Vendors that do not have written approval from HCPR or CELM will be removed from HCPR or CELM property. b. MFDV Vendors with two (2) repeat offenses of not obtaining proper written permission shall be ineligible to vend on Hillsborough County property for one (1) year from the date of offense. c. Hillsborough County Sheriff’s Office shall be called if MFDV Vendor is trespassing on HCPR or CELM property. ___________________________________ __________________ Richard Valdez, Director Date Parks and Recreation Department Forest Turbiville, Director Date Conservation and Environmental Lands Management Department
