Subject to Subsection (4), a political subdivision may not require a mobile business to pay any fee or obtain from the political subdivision any permit to operate the mobile business at a mobile business event that takes place on private property within the political subdivision, regardless of whether the event is open or closed to the public.
Terms Used In Utah Code 11-56-105
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
Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. 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
Temporary mass gathering: means :
(i)
an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
(ii)
an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102
(2)
If a mobile business has a business license from any political subdivision within the state, a political subdivision may not require the mobile business to pay a fee or obtain from the political subdivision an additional business license or permit to operate at an event that:
(a)
takes place on private property within the political subdivision; and
(b)
is not open to the public.
(3)
If a political subdivision requires an event permit for a mobile business event, the organizer of the mobile business event may obtain the event permit on behalf of the mobile businesses that service the event.
(4)
(a)
Nothing in this section prohibits a county health department from requiring a permit for a temporary mass gathering.
(b)
(i)
A mobile business operating at a temporary mass gathering that occurs over multiple days may operate in a stationary manner for the duration of the temporary mass gathering, not to exceed five consecutive days, without moving or changing location if the mobile business maintains sanitary conditions and operates in compliance with the permitting requirements and regulations imposed on other similar vendors at the temporary mass gathering.
(ii)
A county health department may not impose a requirement on a mobile business described in Subsection (4)(b)(i) that the county health department does not impose on other similar vendors operating at the temporary mass gathering.
