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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: COM DPA 7-4-0-0 |
HB 2118: mobile food vendors; licensure
Sponsor: Representative Carter N, LD 15
Caucus & COW
Overview
Eliminates the ability for local governments to require mobile food vendors be licensed.
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.
DHS is prohibited from adopting rules that would require mobile food vendors or mobile food units to operate a specific distance from an existing commercial establishment or restaurant nor address the mobile food unit's hours of operation.
Municipalities and counties are permitted to require a mobile food vendor to be licensed if the licensing system includes a background check or identification and fingerprinting of the owner of the mobile food vending operation (A.R.S. § 36-1761).
A county board of supervisors (BOS), by ordinance or resolution, may require a mobile food vendor with a state license that is not issued by that county to apply for a permit in order to conduct business within the county. The county may charge a fee for the permit. The ordinance or resolution may not require a mobile food vendor with a state license to be inspected as a condition of receiving the permit. Statute outlines a county BOS's restrictions relating to mobile food vendors and units, including prohibiting the county BOS from requiring a mobile food vendor to be fingerprinted (A.R.S. § 11-269.24).
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. Removes language allowing a city, town or county to require a mobile food vendor to be licensed. (Sec. 1)
Amendments
Committee on Commerce
1. Adds that a municipality is prohibited from requiring a mobile food vendor to obtain a local regulatory permit or license.
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5. Initials PB HB 2118
6. 1/12/2026 Page 0 Caucus & COW
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