Mobile food vendors operating in Cape Coral at established locations are going to have to hit the road.

Cape Coral City Council voted 6-2 Wednesday to impose new regulations on food trucks including that they move from service locations nightly.

According to the regulations the city says it patterned after a Lee County ordinance, Mobile Food Vendors — MFVs — will need to stay mobile, leaving a job site at night and removing any gear. Seating areas, tented or not, will no longer be allowed and permanent onsite utility connection will be prohibited.

The code is intended to eliminate “food truck based outdoor restaurants.”

The regulations exempt vehicles operating at a private event for a duration less than one day, vehicles operating as part of a special event or during a state of emergency.

The new city ordinance also created an option for the development of food courts, where multiple trucks could be set up in one location for a one-stop shop with amenities.

Development of a Mobile Food Court, or “Food Truck Park” will require full site improvements, onsite bathrooms, parking, sidewalks, etc., and is designed to accommodate regular and long-term deployment of food trucks. These regulations were patterned after a Bonita Springs ordinance, officials said.

The new regulations will go into effect 90 days after adoption to allow for communication and outreach to MFVs who will need to come into compliance with the new regulations.

Gary Aubuchon, who plans to build a food court location somewhere in the city, said this would be great for the Cape, making it a destination for tourists.

“They made the right decision. There’s clarity for all mobile food vendors in the city and it mirrors what we have in the county,” Aubuchon said. “We’re ready to construct a food court. We’re not at the point where we have much details, but we needed this ordinance in place first.”

Councilmembers Patty Cummings and Jessica Cosden cast the dissenting votes.

Cummings said she saw a need to have mobile food trucks be mobile and driveable, but that the city regulations as drafted were too onerous.

“These are small businesses and we just had a pandemic and a hurricane and at this time we need to leave small businesses alone. They need options and with this they have no options,” Cummings said. “They need to be mobile and up to code, but if they have permission on someone’s property, they should stay there.”

She said after the meeting she considers the measure an abridgement of rights for established businesses.

“This is a right to work state,” she said. “After all, we call it Freedom Florida. So where is the freedom for a small business?”

A majority of Council held a different view.

For Mayor John Gunter, it was a safety issue and that the city wasn’t asking for much, just that these businesses needed to be regulated like any other company.

“Some of these trucks have been at the same location for years. These mobile trucks need to be mobile. They need clear regulations,” Gunter said.