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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
mobile food vendors; licensure
Purpose
Prohibits a city or town from requiring a mobile food vendor to obtain a local regulatory permit or license. Removes the specification that statewide licensing standards for a mobile food vendor do not preclude a city or town or county from requiring a license that includes a background check or identification of the mobile food vendor.
Background
A city or town, by ordinance or resolution, may: 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 250 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. A city or town, in relation to a mobile food vendor or mobile food unit, may not: 1) require 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) require a mobile food vendor or mobile food unit to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required by applicable codes; 3) prohibit or restrict a mobile food vendor or mobile food unit from using any legal parking space; or 4) require 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 Arizona within the preceding 12 months (A.R.S. § 9-485.01).
A county board of supervisors (county BOS), by ordinance or resolution,
may: 1) restrict or prohibit the operation of a mobile food unit in an area
that is zoned as residential only;
2) prohibit a mobile food unit that is operating on private property from
blocking ingress to and egress from the property; and 3) require a mobile food
vendor to obtain consent from a private property owner before operating on the
property. A county BOS may not restrict how long a mobile food unit may operate
at a private property location, except that a mobile food vendor may not
operate at a private property for more than 96 consecutive hours (A.R.S. § 11-269.24).
The Director of
the Department of Health Services (DHS) must adopt rules that establish the
health and safety licensing standards for mobile food vendors and mobile food
units, including the health and safety licensing standards for necessary
commissary or other servicing area agreements. The Director of DHS must also
establish a licensing process for mobile food units that delegates the
licensing and health and safety inspection standards to the county health
department where the mobile food vendor's commissary is located. A city, town
or county may require a mobile food vendor to have a fingerprint clearance card.
The outlined requirements for health and safety licensing standards for mobile
food vendors does not preclude a city or town or county from requiring 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 mobile food vendor is any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit (A.R.S. § 11-269.24).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a city or town from requiring a mobile food vendor to obtain a local regulatory permit or license.
2. Removes the stipulation that DHS licensing standards for mobile food vendors do not preclude a city or town or county from requiring 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.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
House Action
COM 2/3/26 DPA 7-4-0-0
3rd Read 2/24/26 32-24-6
Prepared by Senate Research
March 23, 2026
AN/KP/ci