A public food service establishment is a building OR a vehicle where food is prepared, served, or sold for consumption at or near the establishment or as take out.
Yes, even food trucks are regulated by the Department of Business and Professional Regulation (DBPR), the Department of Health and the Department of Agriculture and Consumer Services. DBPR’s Division of Hotels and Restaurants handles public food service establishments and vehicles that prepare and serve food to the public. Further, you should also check with your county or city to learn whether a local business tax receipt is required.
The regulations require that licensees have a License Location Address. According to reporters for NBC Miami, more than 150 mobile food dispensing vehicles use an address that is a very small warehouse space in Miami. This location serves as a state-approved commissary where food trucks can get drinkable water and dispose of dirty water and grease. The trucks must report to their commissary once a week.
As government administrative lawyers, we always assume everything is regulated, and you should too. Small businesses are often caught without licenses, permits or approvals, and the strict regulation of food trucks is just one of the examples. Be careful out there because it is a paperwork jungle and government is the tiger.
When Rebecca Loveless wanted to relocate her tattoo studio from Boca Raton to Delray Beach, she knew she faced the challenge of being the first exclusive tattoo studio in town. Represented by Michael Weiner of Weiner and Thompson, Loveless successfully gained approval from the City Commission to open shop.
The first hurdle for Loveless was that the Delray Beach Land Development Regulations are silent on the topic of tattoos. Weiner and Thompson applied for a Similarity of Use Determination, arguing that tattoo studios are similar to personal service providers, which are allowed to operate in Delray Beach.
On March 21, 2016, the Planning and Zoning Board unanimously approved the Similarity of Use Determination. The City Commission appealed this decision on April 19, 2016 and reviewed the issue at its May 17, 2016 and June 7, 2016 meetings.
Before the City Commission, Mr. Weiner argued that the Commission should uphold the decision of the Planning and Zoning Board because Loveless met, and in fact exceeded, the requirements for a Similarity of Use Determination. Although the city proposed a resolution to declare “Zoning in Progress with Respect to the Zoning and Location of Tattoo Studios,” Weiner argued that Loveless’ application predated any such zoning in progress and that it would be a denial of due process to deny Loveless’ application. Weiner also cited case law finding that tattooing is an art form protected by the First Amendment.
In a unanimous 5-0 decision, the City Commission agreed with Mr. Weiner’s arguments and approved Tradition Tattoo. Many of Rebecca Loveless’ supporters spoke eloquently on her behalf during the public comment period. Following this victory, Loveless officially opened Tradition Tattoo in Delray Beach on August 3rd.
Weiner and Thompson proudly defended Rebecca Loveless’ First Amendment and Due Process rights. We wish Rebecca Loveless all the best in her new endeavor and we look forward to representing clients with similar challenges in the future.