ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: RA DPA/SE 5-2-0-0 | 3^rd Read 31-26-3-0 Senate:  GOV DPA 5-3-0-0 | 3^rd Read 16-13-1-0

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HB 2094: technical correction; tax debt; enforcement

NOW: mobile food vendors; operation; rules

Sponsor: Representative Payne, LD 27

Senate Engrossed

Overview

Enables a mobile food vendor to operate on private property in a residential area with restrictions and details regulatory and licensing requirements for cities, towns and counties addressing mobile food units.

History

Currently, statute allows a city or town to a restrict mobile food vendor from operating in areas at public airports, public transit facilities, within 250 feet of or on properties zoned for residential use. In addition, cities and towns may continue to enforce regulations and zoning codes on mobile food units unless prohibited by law.

In contrast, cities and towns are prohibited from:

1) requiring a mobile food vendor to apply for a special permit that is not required for other temporary or mobile vending businesses in the same zoning district;

2) requiring mobile food vendors to operate a specific distance from commercial establishments or restaurants, unless where building, fire, street and sidewalk codes are applicable;

3) prohibiting a mobile food vendor from using a legal parking space, including metered parking, except to restrict the number of spaces, vehicle size, parking duration and occupying sites with insufficient parking capacity as set by local zoning ordinances or federal law; and

4) requiring a mobile food unit to be inspected by the fire department before operation if the unit passed another fire inspection in another city or town within the past 12 months. (A.R.S. 9-485.01)

A mobile food unit's state license is designated into one of three classifications depending on the food dispensed and the way it is handled. These classifications or categories are:

1) Type 1 mobile food units, which dispense commercially processed food, individually packaged and frozen that requires time and temperature control for safety;

2) Type 2 mobile food units, which dispense food that requires limited handling and preparation; and

3) Type 3 mobile food units, which prepare, cook, hold and serve food. (A.A.C. R9-8-110).

Provisions

1. Allows a mobile food vendor to operate on private property in a residential area if the mobile food vendor:

a) receives written permission from the property owner;

b) does not serve the general public;

c) is not the property owner, spouse or trustee of the property owner. (Sec. 1)

2. Prevents a city or town from requiring a mobile food vendor to pay more than $50 annually to operate in the city or town.  (Sec. 1)

3. Prohibits a county board of supervisors or the Arizona Department of Health Services (DHS) from requiring generators to be permanently affixed to the mobile food unit. (Sec. 2, 3)

4. Instructs the director of DHS to adopt rules to allow a mobile food unit to request an exemption from the commissary or other servicing area requirements if the mobile food unit is already sufficiently equipped to meet all health and safety standards without the use of a commissary. (Sec. 3)

5. Enables DHS to designate licensing inspections for a mobile food unit without a commissary or servicing area agreement to the county health department where the mobile food vendor resides. (Sec. 3)

6. Clarifies that the bill does not preclude a city, town, or county from requiring licensure for a mobile food vendor if the licensing system requires a fingerprint clearance card. (Sec. 3)

Senate Amendments

1. Permits a mobile food vendor to operate on residential property of the primary property owner, tenant with at least a one-year lease or a trustee of a living trust.

2. States that the property owner who gives written permission must be on-site while the mobile food vendor is operating.

3. Prohibits a mobile food vendor from operating between the hours of 10:00 p.m. and 6:00 a.m.

4. Requires the mobile food vendor to remove all trash and related items from the residential property.

5. Strikes the $50 cap on annual fees to operate within a city or town and instead stipulates the following limits on fees:

a) Not more than $150 annually to operate at a fixed location if the city or town issues a location-based license or permit to the mobile food vendor;

b) Not more than $150 annually for each mobile food vendor if the vendor does not operate the mobile food unit at a fixed location;

c) Stipulates the city or town my assess fees related to municipal zoning.

6. Reinserts current law that authorizes a city or town to require a mobile food vendor to obtain a background check and fingerprint clearance card issued by the Department of Public Safety.

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                        HB 2094

Initials DC       Page 0 Senate Engrossed

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