(1) 

Terms Used In Utah Code 11-56-104

  • Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
  • Food truck: means a fully encased food service establishment:
(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
  • Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
  • Political subdivision: means :
    (a) a city, town, or metro township; or
    (b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a) 

    (i)  A food truck business shall obtain, for each food truck that the business operates, an annual health department permit from the local health department that has jurisdiction over the area in which the majority of the food truck’s operations occur.

    (ii)  Subject to Subsection (4)(a), a mobile business is not subject to a local health department’s regulations or permit requirements, unless the local health department has authority to regulate the activities or services provided by the mobile business through regulation or permit.

    (b)  A local health department shall recognize as valid a health department permit that has been issued by another local health department within the state.

    • (2)  A local health department may only charge a fee for a health department permit in an amount that reimburses the local health department for the cost of regulating the mobile business.

    (3) 

    (a)  A political subdivision inspecting a mobile business for fire safety shall conduct the inspection based on the criteria that the Utah Fire Prevention Board, created in Section 53-7-203, establishes in accordance with Section 53-7-204.

    (b) 

    (i)  A political subdivision shall recognize as valid within the political subdivision’s jurisdiction an approval from another political subdivision within the state that shows that the mobile business passed a fire safety inspection that the other political subdivision conducted.

    (ii)  A political subdivision may not require that a mobile business pass a fire safety inspection in a given calendar year if the mobile business presents to the political subdivision an approval described in Subsection (3)(b)(i) issued during the same calendar year.

    (4) 

    (a)  Nothing in this section prevents a local health department from requiring a mobile business to obtain an event permit, in accordance with Section 11-56-105.

    (b)  Nothing in this section prevents a political subdivision from revoking the political subdivision’s approval:

    (i)  described in Subsection (1)(b), if the mobile business fails a health inspection by a local health department; or

    (ii)  described in Subsection (3)(b)(i), if the mobile business does not pass a fire safety inspection described in Subsection (3)(a).

    (c)  For each mobile business that fails a health inspection as described in Subsection (4)(b)(i), a local health department may charge and collect a fee from the mobile business for that health inspection.

    Amended by Chapter 450, 2023 General Session

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