Chapter 5.13
MOBILE FOOD VENDORS
Sections:
5.13.030 Compliance With State Licensing Requirements
5.13.050 Operational Requirements
5.13.060 Violations–Suspension–Revocation
5.13.010 Purpose
This chapter is adopted to protect the health, safety, and welfare of the community of the City by enacting reasonable regulation for mobile food vendors, their employees, agents, lessees, or independent contractors by requiring compliance with minimum standards for safety and security. (Ord. 1421 § 1 (Exh. A), 2024)
5.13.020 Definitions
The below words and phrases, wherever used in this chapter, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
A. "Applicant" means the person who applies for a permit pursuant to this chapter.
B. "Controlling person" means a natural person who either (1) has a ten (10) percent or greater interest in the ownership or earnings of the business, or (2) is any of the following:
1. An officer, director, or any stockholder who owns ten (10) percent or more, of a corporation permittee/applicant;
2. A general partner of a limited partnership permittee/applicant or partner of a nonlimited partnership permittee/applicant;
3. An officer, president, or secretary of a limited liability company/corporation permittee/applicant; or
4. The sole proprietor of a sole proprietorship permittee/applicant.
C. "Designated agent" means the person designated by the permittee/applicant to receive notices from the City pursuant to this chapter.
D. "Legal parking space":
1. Means an area designated for vehicle parking in the City right-of-way that may be paved or unpaved and may be delineated by road surface markings.
2. Does not include a parking space in a parking lot on property owned by the City.
E. "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 A.R.S. § 28-101.
F. "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.
G. "Permittee" means the person who applied for a permit pursuant to this chapter and in whose name such permit was issued by the City pursuant to this chapter.
H. "Person" means an individual, partnership, corporation, association or any other entity of whatever kind or nature.
I. "Right-of-way" means as defined in Section 16.06.020.
J. "Semipermanent structure" means equipment, or any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and stand-up counters. (Ord. 1421 § 1 (Exh. A), 2024)
5.13.030 Compliance With State Licensing Requirements
It shall be unlawful for any person to operate a mobile food unit or act as a mobile food vendor without having first obtained a valid license from the State of Arizona Department of Health Services pursuant to A.R.S. § 36-1761. (Ord. 1421 § 1 (Exh. A), 2024)
5.13.040 Permit Requirements
A. It shall be unlawful for a person to operate a mobile food unit at any location within the City without obtaining a permit from the Community Development Director or designee in accordance with City code. The mobile food vendor shall comply with the requirements of this chapter.
B. A permit issued pursuant to this chapter, including a renewal of a permit, is valid for a period of one (1) year from the date of issuance if the mobile food vendor is in compliance with this chapter. The permit is nontransferable. (Ord. 1421 § 1 (Exh. A), 2024)
5.13.050 Operational Requirements
A. It is unlawful for any person to operate a food truck that does not meet the requirements in this section.
B. Fire Safety and Inspection. A mobile food vendor must ensure that all mobile food units comply with the version of the International Fire Code in effect at the time when the permit is issued, State law, and the City code relating to fire and explosion safety standards.
C. A mobile food unit(s) shall be inspected by the City’s fire department, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another City or town fire department in this State within the preceding twelve (12) months.
D. Refuse, Trash and Litter Maintenance. A mobile food unit shall:
1. Provide a minimum of one (1) fifteen (15) gallon trash receptacle within fifteen (15) feet of each individual mobile food unit for customers and employees;
2. Maintain an area around the mobile unit clear of litter, garbage, rubble, and debris; and
3. Transport the trash from the area of operation to an authorized waste disposal location.
E. Noise Restrictions. Noise levels from mobile food units shall not exceed the City’s noise ordinance standards pursuant to Section 9.08.020.
F. Security.
1. The mobile food unit and the surrounding vending area shall be maintained in a safe and clean manner at all times.
2. A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.
3. The mobile food unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.
G. Insurance.
1. If the mobile food unit operates an event sponsored by the City or operates on public property, including rights-of-way or property owned by the City, the mobile food vendor shall obtain insurance naming the City as an additional insured in amounts as required by the City and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
2. The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.
3. The policy shall designate by manufacturer’s serial or identification number all mobile food units for which coverage is granted.
4. The policy shall insure the person named in the policy and any other person using the mobile food vendor with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance, or use of the mobile food unit in Arizona.
H. Location. A mobile food vendor shall operate a mobile food unit only in commercial zoning districts in accordance with the City zoning code and subject to the following limitations and conditions:
1. Residential Area. A mobile food vendor shall not operate in an area zoned for residential use or within two hundred fifty (250) feet of an area zoned for residential use, except:
a. A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
b. Subject to applicable laws and the City code, a mobile food vendor may operate on private property outside of the public right-of-way in a residential area if the mobile food vendor obtains a separate agreement with the property owner to operate a mobile food unit for a maximum of six (6) hours within a twenty-four (24) hour period on the private property.
2. City-Owned Property. A mobile food vendor shall only operate in a legal parking space. If the mobile food vendor desires to operate on City property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the City:
a. A separate licensing for use, services contract, or similar agreement, which will be entered into at the City’s sole discretion and applicable law; or
b. A special event permit or similar permission in accordance with the City code.
3. Private Property. A mobile food vendor shall obtain written permission to use any private property where a mobile food unit is operating and shall provide proof of such written permission on demand by the City.
4. Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food unit shall not remain in one (1) location on private property for longer than ninety-six (96) consecutive hours, unless the City grants permission for a permitted event greater than four (4) days. "One (1) location" within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.
5. Airports/Public Transit. Mobile food vendors shall not operate at any City airport or public transit facility unless the mobile food vendor has entered into a separate licensing for use agreement or similar services agreement with the City, which the City will enter in its sole discretion and applicable law.
I. Parking. A mobile food unit shall comply with this subsection and applicable law as it pertains to parking unless parking is governed by a separate subsection in this chapter.
1. A mobile food unit shall only operate in a legal parking space.
2. A mobile food unit, including any semipermanent structure used or associated with the mobile food unit, may use no more than one (1) legal parking space, unless the mobile food vendor has a separate agreement with the City to use additional legal parking spaces or parking spaces on City property other than right-of-way.
3. No mobile food unit exceeding twenty-four (24) feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one (1) diagonal parking space.
4. No mobile food unit shall operate with the serving window facing street traffic.
5. A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than six (6) hours in a twenty-four (24) hour period. "Occupy" within this subsection means within one hundred (100) feet of the place in which the mobile food unit was initially parked.
6. A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by City zoning code and applicable law and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
7. A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location unless the parking space is part of a permitted event. (Ord. 1421 § 1 (Exh. A), 2024)
5.13.060 Violations–Suspension–Revocation
A. It is a violation of this chapter for any person to provide false information on any permit application.
B. It is a violation of this chapter for a person to operate a mobile food unit that fails to meet all the requirements of this chapter.
C. It is a violation of this chapter for a mobile food vendor to fail to display the permit or other required documents, including proof of insurance or fire inspection, to a peace officer or City inspector on demand.
D. The City shall give written notice of a violation to the permittee or designated agent that may result in the suspension or revocation of the permit. The notice shall include a description of the violation, the statutory or code reference, how the permittee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the permit. The notice shall be served on the permittee or designated agent by either personal service or registered/certified mail. Service of the notice shall be deemed complete upon mailing to, or personal service on, the permittee or designated agent.
E. The permittee or designated agent receiving a notice under this section may request a hearing in front of Council.
F. In addition to any penalties set forth in this chapter, a permittee shall be suspended if, during the term of the permit, the permittee or a controlling person has violated any of the provisions of this chapter. During the suspension period, the permittee shall not operate any mobile food unit associated with the suspended permit. If a fine is associated with the violation that is the basis for suspension, the suspension may continue beyond the period set forth in this subsection until such time as the permittee pays the fine. The penalty for a suspension of a permit shall be:
1. For the first suspension of a permit during a twelve (12) month period, the permit shall be suspended up to fourteen (14) calendar days and a fine of one hundred dollars ($100.00) will be imposed.
2. For the second suspension of a permit during a twelve (12) month period, the permit shall be suspended to a minimum of fifteen (15) calendar days up to a maximum of thirty (30) calendar days and a fine of two hundred fifty dollars ($250.00) shall be imposed.
3. For the third suspension of a permit during a twelve (12) month period, the permit shall be revoked.
G. In addition to a revocation for a third suspension as set forth above, the City may revoke a permit issued pursuant to this chapter if the City determines that:
1. A mobile food unit associated with the suspended permit was operated in the City during the suspension period;
2. The permittee or designated agent operated, or attempted to operate, a mobile food unit without a permit;
3. The City previously issued three (3) or more notices of suspension of violation within a six (6) month period;
4. The permittee or controlling person has not complied with a provision of this chapter or has failed to provide information as required by this chapter;
5. The application fee, permit fee, or any transaction privilege tax has not been paid; or
6. The permittee fails to pay outstanding fines or resolve any violations.
H. If a permit is revoked pursuant to this section, the permit, and its controlling person(s), may not apply for a permit under this chapter for a period of one (1) year from the date of revocation. (Ord. 1421 § 1 (Exh. A), 2024)