DELTONA — Reduced fines, a greater seating allowance and extended operating hours are now part of the city’s proposed ordinance regulating food truck operations.
But concerns remain for some commissioners, food truck owners and residents regarding the ordinance recently approved 6-1 by the City Commission. Commissioner David Sosa voted against the ordinance, which will come back before the commission for a final vote at a later date.
“We’ve come a long way, baby,” Commissioner Dana McCool said during Monday’s meeting.
McCool thanked city staff for the amount of work put into crafting the ordinance over the past six months but also raised concern about one of the documents required of mobile food vendors.
If the ordinance goes into effect as written, food truck owners need a notarized letter from the property owner authorizing the food truck to be on the premises.
Daytona Beach, Ormond Beach, DeLand and Orange City also require proof of authorization from the property owner.
Oscar Marrero, whose son owns a food truck, wasn’t confident in the likelihood of that happening easily or at all.
“You think corporate is going to make time and it’s going to care about a food truck parked at Lowe’s?” Marrero said. “It’s not going to happen.”
The private-property matter also gave Sosa pause.

Ron Paradise, community development director, and John Peters III, acting city manager, said it’s based on maintaining appropriate liability.
“When it comes to code compliance issues, it is the underlying property owner that we have to take action against,” Peters said.
Caroline Shine, pastor at Greater Faith AME Church, 800 Deltona Blvd., said she believes the onus of responsibility should be on the food truck owner. Shine compared the matter to lending someone her car and that person subsequently getting stopped for speeding.
“Whoever sped in my car is going to get the citation, not me,” Shine said.
Food truck owners must also provide the city with a copy of their mobile food dispensing vehicle license from the state’s Department of Business and Professional Regulation; a completed fire safety inspection report from a fire department within Volusia County; a site plan; and, if applicable, a license to sell alcohol.
The ordinance also states a fire inspection shall be conducted every six months.
A scaled aerial photo of the property downloaded from the internet is permissible, so long as it shows the property’s boundaries, parking and driveways.
Businesses with more than 100 full-time employees per 8-hour shift may have multiple trucks on site.
Read:Deltona’s proposed ordinance on mobile food dispensing vehicles
The ordinance also includes:
- Basing the number of food trucks allowed per site on available parking, not acreage
- Fines of $200 per infraction/day (reduced from $500) to the property owner if city code is violated
- Permitting food trucks to operate on actively used and commercially zoned properties, business planned unit developments and industrial planned unit developments (unless explicitly prohibited in the development agreement)
- Two paved parking spots for on-site seating, which must be clearly demarcated or cordoned off
- Operating hours from 7 a.m. to 10 p.m.
Paradise said staff also can factor in how hours of operation impact available parking, such as with houses of worship.
While all food trucks must have their state license and fire safety inspection report, those operating under a special event permit are exempt from limits on the hours of operation and how many trucks are allowed on site.
Reason for the recipe
One of the reasons the city began cooking up regulations is because the Legislature in 2020 preempted municipalities from banning food trucks or requiring additional licensing or a business tax receipt.
Rolling in the dough:Florida law helped food trucks thrive amid COVID pandemic
However, local governments may set their own rules and regulations regarding the operation of mobile food dispensing vehicles.
The state defines a mobile food-dispensing vehicle as “any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity or liquid waste disposal.”
City Attorney Marsha Segal-George said the only way the city can ensure compliance with code is to have the owner of the property the food truck sets up on involved in the process.
McCool echoed that sentiment.
“These measures are not meant to be punitive, they are meant to be protective, because we have no other recourse on this,” McCool said.
Peters said another reason regulations were necessary is some food trucks were setting up on vacant properties and putting up flags and signage in the right of way; others were setting up in areas that created potentially dangerous traffic situations.
The ordinance includes parking standards for food trucks operating within the city:
- Must be on a paved surface
- Shall not be located within the right of way, drive aisle, driveway throat or cross access area associated with any parking facility or obstruct any site triangle
- Parking must be adequate
- Cannot occupy or impact access to handicapped parking spots
- Advertising limited to vehicle or trailer engaged in business
In an effort to give food truck owners more business opportunities, the city in December began hosting a “Trucks and Tunes” event at City Hall.
Two months ago the event was moved to Wes Crile Park on Fridays, and on the second Friday of each month the trucks may set up at The Center at Deltona for the Bonkerz Comedy shows.
Joel Dawson, owner of Brothers-N-Arms BBQ, started the “Deltona Food Trucks” Facebook page so mobile food vendors may update customers on their location.
Leave a Reply