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OR � 8®�K FAGS' <br />It is requested that the data presented herein be given formal <br />consideration by the Board of County Commissioners at their regular <br />meeting of April 7, 1992. <br />DESCRIPTION & CONDITIONS <br />James T. Anthony is the owner of Anthony's Seafood, a wholesale <br />distribution business located at 628 High Street in Sebastian. Mr. <br />Anthony's operation also includes sales from a "retail outlet" <br />truck, which is designed for seafood refrigerated storage, <br />transport and sales. <br />Last month, Mr. Anthony was informed by county code enforcement <br />staff that the above described seafood truck operation is not an <br />allowed transient merchant use under county code regulations. <br />On March 15, 1992, Mr. Anthony wrote a letter to the Board of <br />County Commissioners, requesting a hearing for the Board to <br />consider the allowance of mobile seafood retail operations, similar <br />to the present county allowance of transient merchant roadside <br />fruit and vegetable sales. <br />ALTERNATIVES & ANALYSIS <br />Existing Regulations <br />County Land Development Code section 972.08(4) pertains to <br />transient merchant temporary use operations. This code section <br />specifically limits allowed transient merchants to two <br />classifications: Class "A" - fruit and vegetable sales; and Class <br />"B" - seasonal sales such as christmas tree and fireworks sales and <br />other similar uses, in operation no more than 45 days during any <br />calendar year on any given site. <br />Moreover, subsection 972.08(4)(b) specifically exempts certain uses <br />from transient merchant regulations, those uses being: <br />curbside mobile ice cream sales involving frequent, <br />intermittent stops; <br />merchandise deliveries; and <br />mobile prepared food services catering to employees at <br />employment sites or patrons at permitted or otherwise <br />legal special events. <br />Retail sales are allowed in commercially zoned areas upon site plan <br />approval (for a permanent building facility) or as a transient <br />merchant for fruit and vegetable sales. These are the only options <br />for retail sales in the county (other than seasonal transient <br />merchant sales). <br />Mr. Anthony's seafood truck operation does not fall under either <br />one of the allowed transient merchant classifications, is not <br />exempt from the regulations, and therefore is Drohibited. <br />36 <br />