Palm Coast Council approves first reading of revised mobile‑food ordinance after hours, fencing and liability debate

Palm Coast City Council approved on first reading a revised ordinance intended to expand where and how mobile food dispensing vehicles can operate in the city, while adding safety and site‑review requirements.

The ordinance, presented by Michael Hansen of Community Development, allows mobile food dispensing vehicles as either principal uses (permanent food‑truck parks) or accessory uses on private sites when property owners apply through a modified site‑review process. Hansen said the state preempts licensing and food safety inspections but local regulation can control location, setbacks and site circulation. "State statute preempts us to, all the licensing for food truck operations, mobile food dispensing vehicles to the state," Hansen said, explaining the city will rely on state licensing for sanitation while enforcing local site standards.

Council focused discussion on several items that staff said had been revised after stakeholder outreach: the difference between principal and accessory uses; perimeter fencing and temporary visual barriers; hours of operation; indemnity language for privately owned sites; and illicit‑discharge enforcement. Under the draft ordinance, accessory operations in parking areas would use 3‑foot visibility cones to delineate temporary operations and principal‑use food‑truck parks could provide permanent shared seating and fenced recreational areas. Council asked staff to insert the precise land‑development code definition for a perimeter fence and to clarify acceptable fencing materials and screening.

Hours and enforcement also prompted debate. The draft retains a citywide prohibition on mobile‑food operations between 2 a.m. and 6 a.m.; council removed a separate tie tying accessory‑use hours to the principal use but asked staff to add a waiver mechanism for property owners who may want early‑morning sales. Hansen said the Planning, Land Development and Regulation Board recommended striking a draft prohibition on amplified music and letting the city noise ordinance address sound; council accepted that recommendation.

Several food‑service operators and local small‑business owners supported the ordinance in public comment. "I've been in business 16 years. I do wanna say that I feel like these ordinances are fair and not overreaching," said Sheila Hines, who operates Sweet Sheila’s Funnel Cakes, urging the council to permit home‑stored commercial vehicles with a modest permit fee.

Council also questioned an indemnity clause requiring private property owners to indemnify the city if a private site hosts food trucks; Hansen said the indemnity is intended to protect the city from liability when operations occur on third‑party property. Council asked staff to reassess how indemnity is used and to examine fine schedules and illicit‑discharge penalties for inclusion at second reading.

The council voted to move the ordinance forward on first reading with the agreed clarifications and edits and to re‑invite operators and stakeholders to the second‑reading night meeting. Miss Cook called the roll for the first‑reading approval; the motion passed unanimously.

What happens next: staff will prepare the ordinance revisions (including a perimeter‑fence definition drawn from the land‑development code, fines for illicit discharge and a waiver mechanism for hours) and re‑publish the item for the Feb. 3 second reading and public hearing.