A. In relation to a mobile food vendor or mobile food unit, a city or town by ordinance or resolution may:

Terms Used In Arizona Laws 9-485.01

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Mobile food unit: means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in section 28-101. See Arizona Laws 9-485
  • Mobile food vendor: means 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. See Arizona Laws 9-485
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215

1. Prohibit or restrict a mobile food vendor from operating at a public airport or public transit facility, in an area zoned for residential use or within two hundred fifty feet of an area zoned for residential use.

2. Continue to enact and enforce regulations and zoning codes on mobile food units or mobile food vendors that are not otherwise prohibited by law.

B. In relation to a mobile food vendor or mobile food unit, a city or town may not:

1. Require a mobile food vendor, property owner or lessee of a property to apply for and receive any special permit that is not required for other temporary or mobile vending businesses in the same zoning district.

2. Require a mobile food vendor or mobile food unit to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required by applicable building, fire, street and sidewalk codes.

3. Prohibit or restrict a mobile food vendor or mobile food unit from using any legal parking space, including metered parking, except to restrict the number of spaces, vehicle size and parking duration and the ability to occupy sites with insufficient parking capacity as prescribed by a local zoning ordinance of the city or town or as otherwise prohibited by federal law.

4. Require a mobile food unit to be inspected by a city or town fire department before operation if the mobile food vendor provides evidence that the mobile food unit passed a fire inspection by another city or town fire department in this state within the preceding twelve months.

C. A city or town with a population of more than fifty thousand persons shall make available all applicable license applications in an electronic format that is available online and may not require a mobile food vendor to apply in person.