HB2094

THE CONTEXT: 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.

WHAT THE BILL DID: Allows a mobile food vendor to operate on private residential property in a residential area if it meets prescribed requirements.

WHY IT MATTERED: The practical reason for this bill was to give Arizonans and public officials a defined option for mobile food vendor under state law. It would allow a mobile food vendor to operate on private residential property in a residential area if: a) the mobile food vendor obtains written permission from the property owner and the property owner remains on the property while the mobile food vendor is operating; 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; d) the mobile food vendor does not serve food between the hours of 10:00 p.m. and 6:00 a.m.; and e) the mobile food vendor removes the food waste, cooking grease and other trash from the residential property in compliance with applicable laws and regulations, and would also caps, at $150, the annual fee that a city or town may require a mobile food vendor to pay for each: a) fixed location, for a city or town that issues a location-based license or permit; and b) mobile food unit, for a mobile food vendor that does not operate the mobile food unit at a fixed location, rather than leave the current rule unchanged.