ARIZONA HOUSE OF REPRESENTATIVES

HB 2371: mobile food vendors; state licensure

PRIME SPONSOR: Representative Payne, LD 21

BILL STATUS: House Engrossed

Abstract

Relating to state regulations and licensure of mobile food units and vendors.

Provisions

Cities, Towns and Counties

1. Permits a city, town or county to adopt ordinances as follows:

a. To set hours of operation if the hours are the same as restaurants.

b. Restrict noise during specific times of day.

c. Prohibit or restrict Vendors or Units in residential areas.

d. Restrict a Vendor or Unit from blocking the use of a public sidewalk. 

e. Prohibit a Vendor or Unit from blocking vehicular traffic on public streets and roads.

f. Require a Vendor or Unit to obtain consent from a private property owner or lessee or the owner's or lessee's agent before beginning operation on that property.

g. Prohibit using any legal parking space, including metered parking, to the same extent as other private vehicles, including restrictions on number of spaces, vehicle size and parking duration.

h. Enact and enforce zoning codes that are applicable to the uses in the zoning district and that are substantially similar to zoning requirements for other businesses in that zoning district.

i. Enact and enforce codes to protect public health, safety and welfare that do not conflict with the rules adopted by the Director. 

j. Prohibit or restrict a Vendor or Unit from operating at a public airport. (Sec. 1, 2)

2. Prohibits a city, town or county from adopting an ordinance: 

a. To restrict how long a Vendor or Unit operates on private property, except that a vendor may not operate at a private property location for more than 96 consecutive hours.

b. Require any certain distance from another business or restaurant except as required for public safety purposes.

c. Prohibit a Vendor from using any legal parking space to the same extent as any other commercial vehicle.

d. Require fingerprinting. 

e. Require an insurance policy that names the city, town or county as an additional insured, unless the Vendor is attending an event sponsored by that city or town or operating on public property.  (Sec. 1, 2)

3. Makes business licenses available online in a city, town or county with a population of more than 500,000 people and prohibits a city, town or county from requiring a Vendor to apply in person. (Sec. 1, 2)

4. Requires Units to be annually inspected by a city or town fire department before operation and the inspection must have reciprocity in other Arizona cities and towns. (Sec. 1)

5. Requires a Vendor, with a state license that is not issued by that county, to apply for a permit to conduct business. (Sec. 2)

6. Requires the permit to be available electronically and does not require the Vendor to be inspected as a condition to receive a permit. (Sec. 2)

7. Defines mobile food vendor and mobile food unit.  (Sec. 1, 2)

Department of Health Services – Mobile Food Vendors and Units

8. Stipulates the Director must adopt rules to:

a. Establish statewide health and safety licensing and inspection standards as outlined. 

b. Create a licensing process that:

i. Requires a separate license for each Vendor, renewed annually.

ii. Delegates to the county health department where the Vendor's commissary is located, the licensure, health and safety inspections.

iii. Includes random inspections at no additional cost.

iv. Permits a county health department to enforce the statewide inspection standards, regardless of the county that issued the license.

v. Stipulates a Vendor license issued by a county health department has reciprocity in all other Arizona counties.

vi. Instructs all employees to have a valid food handler's card or equivalent certificate.

vii. Requires the Vendor license to be conspicuously displayed for public view.  (Sec. 3)

9. States the rules cannot:

a. Require a Vendor to operate a specific distance from an existing restaurant or business.

b. Address operating hours for a Vendor.  (Sec. 3)

10. Authorizes the Director to adopt rules that are substantially the same as those in place on the effective date of this legislation by Maricopa County, except as otherwise noted in the bill. (Sec. 3)

11. Prohibits an additional insured policy, unless the Vendor is attending an event sponsored by that city or town or operating on public property.  (Sec. 4)

12. Outlines the parameters for assessing a tax and keeping the proper records.  (Sec. 6)

13. Removes the tax exemption for the gross receipts from sales of food by a mobile facility, motor vehicle or other conveyance. (Sec. 6)

14. Exempts DHS from rulemaking for one year.  (Sec. 7)

15. Defines department, Director, mobile food vendor and mobile food unit.  (Sec. 3, 4)

16. Makes technical and conforming changes.  (Sec. 5)

Additional Information

Maricopa County currently has ordinances related to mobile food vendors.

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Fifty-third Legislature                  HB 2371

Second Regular Session                               Version 3: House Engrossed

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