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After a 3-2 vote by the City Council, the cottage food industry will not live on in Palm Coast.

Palm Coast canned the concept of home-based food businesses Tuesday night when officials formally voted not to allow the cottage food industry to begin in town.

The City Council, with a 3-2 vote, elected not to amend the Unified Land Development Code. City Councilmen Bill Lewis and Bill McGuire, as well as Mayor Jon Netts, all voted against the proposal.

The main concern for city officials has been food safety. In May, city staff recommended that the City Council deny the proposed changes to the city’s code. The Planning and Land Development Regulation Board, however, has twice approved the amendment, as long as it is “subject to compliance with city home occupation requirements.”

Palm Coast residents Rick de Yampert and Cheryl Sheppard have led the charge in trying to convince the City Council to amend the city’s code.

“At some point, government has to put faith in citizens and the law,” Sheppard said Tuesday night.

Lewis, who said the city is well aware of underground business activity taking place, wasn’t buying Sheppard’s argument, though.

“We’re giving up to a remote government agency somewhere in who knows where,” Lewis said. “Do I trust Tallahassee? No. ... In my lifetime, I’ve dealt with the remote government’s promises. ... I do trust my code enforcement people, though.”

City Councilmen Jason DeLorenzo and Frank Meeker have been supportive of allowing home-based food businesses since the discussions began earlier this year. They were officially in the minority Tuesday night.

DeLorenzo said cottage food businesses would create a stepping stone to filling vacant storefronts, something he said the city “desperately needs.”

“Entrepreneurship is part of the fabric of America,” DeLorenzo said.

Regarding the legal liability of the city, Meeker said he doesn’t think there is any, adding: “I don’t think you can sue the king. I think there is sovereign immunity on anything of this type.”

Netts, who was the third and deciding “no” vote, agreed that he doesn’t think the city has legal liability.
“It’s the perception that concerns me,” Netts said.

In a follow-up interview, de Yampert said Netts and Lewis “voted their fears.”

“Cheryl and I of course are disappointed by the council’s decision,” he said. “Given that the state has thoroughly addressed food safety issues, it’s grossly inequitable for the city to allow some home businesses that make products for retail sale, and then not allow baked goods.”

Email Andrew O’Brien at andrew@palmcoastobserver.com.

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