HB 2094
Initials DC Page 1 House 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
HB 2094: technical correction; tax debt; enforcement
NOW: mobile food vendors; operation; rules
Sponsor: Representative Payne, LD 27
House 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).
HB 2094
Initials DC Page 2 House Engrossed
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note