ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DPA/SE 6-4-0-0

HB 2882: technical correction; action to restrain

S/E: mobile food vendor; municipality; prohibition

Sponsor:  Representative Parker, LD 16

Caucus & COW

Summary of the Strike-Everything Amendment to HB 2882

Overview

Modifies certain allowable restrictions for mobile food vendor and mobile food unit municipal operations.

History

Pursuant to A.R.S § 9-485.01, a municipality may adopt ordinances or resolutions that prohibit or restrict the operations of a mobile food vendor at a public airport or public transit facility that is within an area zoned for residential use or within 250 feet of such area.  Statute outlines certain prohibitions on a municipality relating to regulating the operations of a mobile food vendor or mobile food unit including: 1) requiring the vendor to apply for any special permit that is not required for other mobile vending businesses that are in the same zoning district;  2) requiring a vendor or unit to operate a specific distance from the perimeter of a restaurant; 3) prohibiting or restricting a vendor or unit from using any legal parking space except for restrictions relating to spaces, vehicle size and duration; and 4) requiring a unit to be inspected by a municipal fire department before operation. Similar provisions apply for mobile food vendors and units operating within counties (A.R.S. § 11-269.24).

A mobile food vendor is a person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare food and vend from, drive or operate a mobile food unit.

A mobile food unit is a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle. (A.R.S. § 9-485).

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

1.   Removes the municipality's ability to prohibit a mobile food vendor from operating within 250 feet of an area zoned for residential use. (Sec. 1)

2.   Prohibits a municipality from requiring a mobile food vendor to:

a)   Be fingerprinted; and

b)   Apply for any specified license or pay any additional fees to operate within the municipality. (Sec. 1)

c)    

d)    

e)   ---------- DOCUMENT FOOTER ---------

f)                         HB 2882

g)   Initials PRB     Page 0 Caucus & COW

h)    

i)   ---------- DOCUMENT FOOTER ---------