 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
AMENDED
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 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 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. Specifies that a county is not precluded from:
a) requiring a mobile food vendor to be licensed or permitted; or
b) collecting fees or imposing identification requirements that are necessary to administer and enforce mobile food vendor regulations and inspections pursuant to health and safety licensing standards or any delegation agreement.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Specifies that a county is not precluded from requiring outlined mobile food vendor licensure.
Governor's Veto Message
The Governor indicates in her veto message that cities and towns should retain local control to license and regulate businesses operating within the city or towns' jurisdiction.
House Action Senate Action
COM 2/3/26 DPA 7-4-0-0 GOV 3/25/26 DPA 4-2-1
3rd Read 2/24/26 32-24-4 3rd Read 4/20/26 17-12-1
Final Read 6/9/26 31-24-5
Vetoed by the Governor 6/19/26
Prepared by Senate Research
June 23, 2026
AN/KP/ci