HB 2094
Initials DC Page 1 Transmitted
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
Final Pass: 35-22-2-0-1
HB 2094: technical correction; tax debt; enforcement
NOW: mobile food vendors; operation; rules
Sponsor: Representative Payne, LD 27
Transmitted to the Governor
Overview
Enables a mobile food vendor (vendor) to operate on private property in a residential area with
restrictions and details requirements.
History
Currently, statute allows a city or town to a restrict vendors from operating in areas at public
airports, public transit facilities, within 250 feet or located 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.
Additionally, statute prohibits cities and towns from:
1) requiring a vendor to apply for a special permit that is not also required for other temporary
or mobile vending businesses in the same zoning district;
2) requiring vendors to operate a specific distance from commercial establishments or
restaurants, unless where building, fire, street and sidewalk codes are applicable;
3) prohibiting a 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 individual state license is designated into one of three classifications or
categories, depending on the food dispensed and the way it is handled. The classifications and
categories are:
1) Type 1 mobile food units, which dispense commercially processed food, individually
packaged foods and frozen foods that require 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 Transmitted
Provisions
1. Allows a vendor to operate on private residential property of the property owner, the tenant
with a minimum one-year lease or a trustee of a living trust, if the vendor:
a) receives written permission and the owner remains on-site while the vendor operates;
b) does not serve the general public;
c) is not the property owner, spouse or trustee of the property owner. (Sec. 1)
2. Prohibits a vendor from operating between the hours of 10:00 p.m. and 6:00 a.m. (Sec. 1)
3. Requires a vendor to remove all trash and other items from the residential property. (Sec. 1)
4. Limits the fees a city or town may charge a vendor as follows:
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 vendor;
b) Not more than $150 annually for each vendor if the vendor does not operate the mobile
food unit at a fixed location. (Sec. 1)
5. Permits a city or town to additionally charge fees related to municipal zoning. (Sec. 1)
6. 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)
7. 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 a commissary. (Sec. 3)
8. Allows DHS to designate licensing inspections for a mobile food unit without a commissary or
servicing area agreement to the county health department where the vendor resides. (Sec. 3)
9. 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 issued by the
Department of Public Safety. (Sec. 3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note