HB 2094
Initials DC Page 1 Senate Engrossed
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
HB 2094: technical correction; tax debt; enforcement
NOW: mobile food vendors; operation; rules
Sponsor: Representative Payne, LD 27
Senate Engrossed
Overview
Enables mobile food vendors 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 be able to restrict mobile food vendors 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 prevented in the 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).
HB 2094
Initials DC Page 2 Senate Engrossed
Provisions
1. Allows mobile food vendors 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:
a) to pay more than one fee per year; and
b) to be fingerprinted in order to operate. (Sec. 1)
3. Instructs the Director of the Department of Health Services (DHS) to include a fourth category
of mobile food units that do not require access to commissary or servicing area agreements
for licensing. (Sec. 2)
4. Enables DHS to designate licensing inspections for mobile food units without a commissary
or servicing area agreement to the county health department where the mobile food vendor
resides. (Sec. 2)
5. Clarifies that the bill does not preclude a city, town, or county from requiring licensure for
mobile food vendors. (Sec. 2)
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.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note