Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2094
technical correction; tax debt; enforcement
(NOW: mobile food vendor; operation; rules)
Purpose
Allows a mobile food vendor to operate on private property in a residential area if it meets
prescribed requirements.
Background
A city or town, by ordinance or resolution, may prohibit or restrict a mobile food vendor
from operating in an area zoned for residential use or within 250 feet of an area zoned for
residential use. A city or town may not require a mobile food vendor, property owner or lessee of
a property to apply for any special permit that is not required for other temporary or mobile vending
businesses in the same district (A.R.S. § 9-485.01).
The 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. The 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 to the county health department in the county where the mobile food vendors
commissary is located the licensing and health and safety inspection standards. A city, town or
county may require a mobile food vendor to have a fingerprint clearance card (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. Allows a mobile food vendor to operate on private property in a residential area if the mobile
food vendor: FACT SHEET
H.B. 2094
Page 2
a) obtains written permission from the property owner;
b) does not serve members of the general public; and
c) is not the property owner, the spouse of the property owner or the trustee are not the same
person.
2. Prohibits a city or town from requiring a mobile food vendor to pay more than $50 in total fees
per year to operate within the city or town.
3. Prohibits the county BOS from requiring generators to be permanently affixed to the mobile
food unit.
4. Requires the DHS licensing standards to allow a mobile food unit to request an exemption
from the commissary or other servicing area requirements if the mobile food unit is sufficiently
equipped to meet health and safety standards without the use of a commissary or other
servicing area.
5. Requires, for a mobile food vendor that does not require commissary, DHS to delegate the
licensing and health and safety inspection for state licensure to the county health department
in which the mobile food vendor resides.
6. Specifies that the newly prescribed requirements relating to a mobile food vendor do not
preclude a city, town or county from requiring a mobile food vendor to be licensed if the
licensing system includes a fingerprint clearance card, rather than a background check or
identification.
7. Makes technical changes.
8. Becomes effective on the general effective date.
House Action
RA 2/15/23 DPA/SE 5-2-0-0
3
rd
Read 2/28/23 31-26-3
Prepared by Senate Research
March 13, 2023
AN/SB/slp