Bill Text: AZ HB2636 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed
Bill Title: Mobile food vendors; municipalities
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-16 - Senate motion to reconsider third reading [HB2636 Detail]
Download: Arizona-2019-HB2636-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2636 |
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AN ACT
amending sections 9-485.01 and 36‑1761, arizona revised statutes; relating to mobile food vendors.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-485.01, Arizona Revised Statutes, is amended to read:
9-485.01. Mobile food vendors; mobile food units; operation
A. In relation to a mobile food vendor or mobile food unit, 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 two hundred fifty feet of an area zoned for residential use. a mobile food vendor may operate on private property in a residential area if all of the following apply:
(a) The mobile food vendor obtains written permission from the property owner.
(b) The mobile food vendor does not serve members of the general public.
(c) The mobile food vendor and the property owner, the spouse of the property owner or, in the case of a living trust, the trustee are not the same person.
2. Establish a limit on the hours of operation and number of days a mobile food vendor may operate on a private property parcel in a residential area.
2. 3. Continue to enact and enforce regulations and zoning codes on mobile food units or mobile food vendors that are not otherwise prohibited by law.
B. In relation to a mobile food vendor or mobile food unit, a city or town 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 building, fire, street and sidewalk codes.
3. Prohibit or restrict a mobile food vendor or mobile food unit from using any legal parking space, including metered parking, except to restrict the number of spaces, vehicle size and parking duration and the ability to occupy sites with insufficient parking capacity as prescribed by a local zoning ordinance of the city or town or as otherwise prohibited by federal law.
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 this state within the preceding twelve months.
5. require a mobile food vendor to pay more than one fee per year to operate on private property within that city or town, except a city or town may require more than one fee per year for a special event permit.
6. Require a mobile food vendor to be fingerprinted unless the mobile food vendor operates in an area zoned for residential use that is not on private property.
C. A city or town with a population of more than fifty thousand persons shall make available all applicable license applications in an electronic format that is available online and may not require a mobile food vendor to apply in person.
Sec. 2. Section 36-1761, Arizona Revised Statutes, is amended to read:
36-1761. Mobile food vendors; mobile food units; rules; health and safety licensing standards
A. The director shall adopt rules that do all of the following:
1. Establish health and safety licensing standards for mobile food vendors and mobile food units that apply on a statewide basis. The licensing standards shall:
(a) Include three categories of mobile food units that are based on the type of food dispensed and the amount of handling and preparation required.
(b) Include general physical and operation requirements of a mobile food unit, including:
(i) Installation of compressors, generators and similar mechanical units that are not an integral part of the food preparation or storage equipment.
(ii) Necessary commissary or other servicing area agreements.
(iii) Vehicle and equipment cleaning requirements.
(iv) Waste disposal requirements during and after operation on public or private property, which may not include the size or dimensions of any required solid waste receptacle.
2. Establish statewide inspection standards that are based on objective factors for use by the county health departments.
3. Establish a licensing process for mobile food units that does all of the following:
(a) Requires a separate license for each mobile food unit.
(b) Requires a license to be renewed annually.
(c) Delegates to the county health department in the county where the mobile food vendor's commissary is located the licensing and health and safety inspection for state licensure using the statewide inspection standards adopted pursuant to this section. The licensing process shall require random inspections by county health departments at no additional cost except as provided in section 11‑269.24. A mobile food unit license issued by a county health department pursuant to this section shall have reciprocity in each county of this state. A county health department may enforce the statewide inspection standards regardless of where the license was issued.
(d) Requires all employees of a mobile food vendor to have a valid food handler card or a certificate from an accredited food handler training class as specified in rule by the department.
(e) Requires that the license be displayed in the mobile food vendor's operating location in a conspicuous location for public view.
B. The rules adopted pursuant to this section may not do either of the following:
1. Require a mobile food vendor or mobile food unit to operate a specific distance from the perimeter of an existing commercial establishment or restaurant.
2. Address the operating hours of a mobile food unit.
C. Except as otherwise specified in this chapter, the director may adopt rules that are substantively the same as the regulations that are in place on August 3, 2018 in Maricopa county regarding mobile food establishments.
D. This section does not preclude a city, 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.
