ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

 

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2118: mobile food vendors; licensure

Sponsor: Representative Carter N, LD 15

Committee on Commerce

 

Summary of the Strike-Everything Amendment to HB 2118

Overview

Prevents a municipality from requiring a mobile food vendor obtain a local regulatory permit or license.

History

The Arizona Department of Health Services (DHS) is statutorily required to adopt rules that govern the health and safety of mobile food vendors and mobile food units on a statewide basis.  The rules must establish: 1) licensing standards; 2) inspection standards that are based on objective factors; and 3) a licensing process for mobile units.  The licensing process must delegate statewide licensing and health and safety inspection authority to the county health department of the county where the mobile food vendor's commissary is located. A mobile food unit license issued by a county health department has reciprocity in each county (A.R.S. § 36-1761).

Statute authorizes municipalities, by ordinance or resolution, to: 1) prohibit or restrict a mobile food vendor from operating at a public airport or public transit facility, in an area zoned for residential use or within two hundred fifty feet of an area zoned for residential use; and 2) continue to enact and enforce regulations and zoning codes on mobile food units or mobile food vendors that are not otherwise prohibited by law.

Municipalities are prohibited from: 1) requiring a mobile food vendor, property owner or lessee of a property to apply for and receive any special permit that is not required for other temporary or mobile vending businesses in the same zoning district; 2) requiring a mobile food vendor or mobile food unit to operate a specific distance from an existing commercial establishment or restaurant; 3) restricting a mobile food vendor or mobile food unit from using any legal parking space; and 4) requiring a mobile food unit to be inspected by a city or town fire department before operation if the mobile food vendor provides evidence that the mobile food unit passed a fire inspection by another city or town fire department in this state within the preceding 12 months (A.R.S. § 9-485.01).

Provisions

1.   Adds that a municipality is prohibited from requiring a mobile food vendor to obtain a local regulatory permit or license. (Sec. 1)

2.    

3.    

4.   ---------- DOCUMENT FOOTER ---------

5.   Initials PB                       HB 2118

6.   1/30/2026  Page 0 Commerce

7.    

8.   ---------- DOCUMENT FOOTER ---------