ARIZONA HOUSE OF REPRESENTATIVES

HB 2371: mobile food vendors; state licensure

PRIME SPONSOR: Representative Payne, LD 21

BILL STATUS: Caucus & COW

           MVRA: DPA 7-2-0-0

Abstract

Relating to state regulations and licensure of mobile food 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 in residential areas.

d. Restrict a Vendor from blocking the use of a public sidewalk by pedestrians. 

e. PROHIBIT A MOVILE FOOD VENDOR FROM BLOCKING VEHICULAR TRAFFIC ON PUBLIC STREETS AND ROADS.

f. REQUIRE A VENDOR 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 OR RESTRICT A VENDOR FROM OPERATING AT A PUBLIC AIRPORT. (Sec. 1, 2) (MVRA)

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

a. To restrict how long a Vendor 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 kind of special permit THAT IS NOT REQUIRED FOR OTHER BUSINESSES IN THE SAME ZONING DISTRICT to operate.

c. Restrict a Vendor from operating on public property or require any certain distance from another business or restaurant EXCEPT AS REQUIRED FOR PUBLIC SAFETY PURPOSES.

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

e. Require fingerprinting. 

f. Require an insurance policy that names the city, town or county as an additional insured, except as noted.  (Sec. 1, 2) (MVRA)

3. Makes business licenses available online IN A 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) (MVRA)

4. Defines mobile food vendor.  (Sec. 1, 2)

Department of Health Services – Mobile Food Vendors

5. Stipulates the Director must adopt rules to:

a. Establish statewide health and safety licensing and inspection standards as outlined.  (Sec. 3)

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)

6. Requires prior consent from a private property owner before a Vendor begins operating on the property.  Prohibits the public from entering the street to access the Vendor.  (Sec. 3) (MVRA)

7. 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)

8. 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)

9. 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) (MVRA)

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

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

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

13. 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 2: Caucus & COW

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