This document includes House Committee Amendments incorporated into the bill on Tue, Mar 5, 2019 at 9:39 AM by pflowers.
Senator Deidre M. Henderson proposes the following substitute bill:


1     
FOOD TRUCK AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Deidre M. Henderson

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding food truck licensing and political subdivision
10     regulation.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     focuses requirements and protections on food truck businesses rather than food
15     truck operators;
16          ▸     clarifies provisions regarding reciprocal business licenses and local health
17     department permits;
18          ▸     clarifies that a political subdivision may not enforce local regulations and
19     ordinances that conflict with state law;
20          ▸     imposes a limitation on reciprocal business license fees;
21          ▸     prohibits a political subdivision from:
22               •     requiring a fee or permit for a food truck to operate on private property; or
23               •     requiring a food truck operator to provide the dates, times, and duration of food
24     truck operation;
25          ▸     allows a food truck to operate in a stationary manner at a temporary mass gathering
26     for multiple dates without moving in certain circumstances; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          11-56-102, as enacted by Laws of Utah 2017, Chapter 165
35          11-56-103, as last amended by Laws of Utah 2018, Chapter 172
36          11-56-104, as enacted by Laws of Utah 2017, Chapter 165
37          11-56-105, as enacted by Laws of Utah 2017, Chapter 165
38          11-56-106, as last amended by Laws of Utah 2018, Chapter 172
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 11-56-102 is amended to read:
42          11-56-102. Definitions.
43          As used in this chapter:
44          (1) "Event permit" means a permit that a political subdivision issues to the organizer of
45     a public food truck event located on public property.
46          (2) "Food cart" means a cart:
47          (a) that is not motorized; and
48          (b) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve
49     food or beverages for immediate human consumption.
50          (3) (a) "Food truck" means a fully encased food service establishment:
51          (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
52          (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares,
53     cooks, sells, or serves food or beverages for immediate human consumption.
54          (b) "Food truck" does not include a food cart or an ice cream truck.
55          (4) "Food truck business" means a person who operates a food truck or, under the same
56     business, multiple food trucks.
57          [(4)] (5) "Food truck event" means an event where an individual has ordered or
58     commissioned the operation of a food truck at a private or public gathering.
59          [(5)] (6) "Food truck operator" means a person who owns, manages, or controls, or
60     who has the duty to manage or control, the [operation of a] food truck business.
61          [(6)] (7) "Food truck vendor" means a person who sells, cooks, or serves food or
62     beverages from a food truck.
63          [(7)] (8) "Health department food truck permit" means a document that a local health
64     department issues to authorize a person to operate a food truck within the jurisdiction of the
65     local health department.
66          [(8)] (9) "Ice cream truck" means a fully encased food service establishment:
67          (a) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
68          (b) from which a vendor, from within the frame of the vehicle, serves ice cream;
69          (c) that attracts patrons by traveling through a residential area and signaling the truck's
70     presence in the area, including by playing music; and
71          (d) that may stop to serve ice cream at the signal of a patron.
72          [(9)] (10) "Local health department" means the same as that term is defined in Section
73     26A-1-102.
74          [(10)] (11) "Political subdivision" means:
75          (a) a city, town, or metro township; or
76          (b) a county, as it relates to the licensing and regulation of businesses in the
77     unincorporated area of the county.
78          [(11)] (12) (a) "Temporary mass gathering" means:
79          (i) an actual or reasonably anticipated assembly of 500 or more people that continues,
80     or reasonably can be expected to continue, for two or more hours per day; or
81          (ii) an event that requires a more extensive review to protect public health and safety
82     because the event's nature or conditions have the potential of generating environmental or
83     health risks.
84          (b) "Temporary mass gathering" does not include an assembly of people at a location
85     with permanent facilities designed for that specific assembly, unless the assembly is a
86     temporary mass gathering described in Subsection [(11)(a)(ii)] (12)(a)(i).
87          Section 2. Section 11-56-103 is amended to read:
88          11-56-103. Licensing -- Reciprocity -- Fees.
89          (1) A political subdivision may not:
90          (a) require a separate license, permit, or fee beyond the initial or reciprocal business
91     license described in Subsection (2) and the fee [for the operation of a] described in Subsection
92     (3) for a food truck business, regardless of whether a food truck operates in more than one
93     location or on more than one day within the political subdivision in the same calendar year;
94          (b) require a fee for each employee the food truck [operator] business employs; or
95          (c) as a business license qualification, require a food truck business to, regarding a food
96     truck operator or food truck vendor [to]:
97          (i) submit to or offer proof of a criminal background check; or
98           (ii) demonstrate how the operation of the food truck business will comply with a land
99     use or zoning ordinance at the time the [operator or vendor] business applies for the business
100     license.
101          (2) (a) A political subdivision shall grant a business license to operate a food truck
102     within the political subdivision to a food truck [operator who] business that has obtained a
103     business license to operate a food truck in another political subdivision within the state if the
104     food truck [operator] business presents to the political subdivision:
105          (i) a current business license from the other political subdivision within the state; and
106          (ii) for each food truck that the food truck business operates:
107          [(ii)] (A) a current health department food truck permit from a local health department
108     within the state; and
109          [(iii)] (B) a current approval of a political subdivision within the state that shows that
110     the food truck passed a fire safety inspection that the other political subdivision conducted in
111     accordance with Subsection 11-56-104(4)(a).
112          (b) If a food truck [operator] business presents the documents described in Subsection
113     (2)(a), the political subdivision may not:
114          (i) impose additional license qualification requirements on the food truck [operator]
115     business before issuing a license to operate within the political subdivision, except for charging
116     a fee in accordance with Subsection (3); or
117          (ii) issue a license that expires on a date earlier or later than the day on which the
118     license described in Subsection (2)(a)(i) expires.
119          (c) Nothing in this Subsection (2) prevents a political subdivision from enforcing the
120     political subdivision's land use regulations, zoning, and other ordinances in relation to the
121     operation of a food truck to the extent that the regulations and ordinances do not conflict with
122     this chapter.
123          (3) (a) [A] For an initial business license, a political subdivision may only charge a
124     licensing fee to a food truck [operator] business in an amount that reimburses the political
125     subdivision for the actual cost of [regulating the food truck] processing the business license.
126          (b) For a reciprocal business license that a political subdivision issues in accordance
127     with Subsection (2), the political subdivision shall reduce the amount of the business licensing
128     fee to an amount that accounts for the actual administrative burden on the political subdivision
129     for processing the reciprocal license.
130          (4) Nothing in this section prevents a political subdivision from:
131          (a) requiring a food truck [operator] business to comply with local zoning and land use
132     regulations to the extent that the regulations do not conflict with this chapter;
133          (b) promulgating local ordinances and regulations consistent with this section that
134     address how and where a food truck may operate within the political subdivision;
135          (c) requiring a food truck [operator] business to obtain an event permit, in accordance
136     with Section 11-56-105; or
137          (d) revoking a license that the political subdivision has issued if the operation of the
138     related food truck within the political subdivision violates the terms of the license.
139          Section 3. Section 11-56-104 is amended to read:
140          11-56-104. Safety and health inspections and permits -- Reciprocity -- Fees.
141          (1) A food truck [operator] business shall obtain, for each food truck that the business
142     operates, an annual health department food truck permit from the local health department with
143     jurisdiction over the area in which the majority of the food truck's operations takes place.
144          (2) (a) A local health department shall grant a health department food truck permit to
145     operate a food truck within the jurisdiction of the local health department to a food truck
146     [operator who] business that has obtained the health department food truck permit described in
147     Subsection (1) from another local health department within the state if the food truck [operator]
148     business presents to the local health department the current health department food truck
149     permit from the other local health department.
150          (b) If a food truck [operator] business presents the health department food truck permit
151     described in Subsection (1), the local health department may not:
152          (i) impose additional permit qualification requirements on the food truck [operator]
153     business before issuing a health department food truck permit to operate within the jurisdiction
154     of the local health department, except for charging a fee in accordance with Subsection (3); or
155          (ii) issue a health department food truck permit that expires on a date earlier or later
156     than the day on which the permit described in Subsection (1) expires.
157          (3) (a) A local health department may only charge a health department food truck
158     permit fee to a food truck [operator] business in an amount that reimburses the local health
159     department for the cost of Ĥ→ [[] regulating the food truck [] processing the permit] ←Ĥ .
160          (b) For a health department food truck permit that a local health department issues in
161     accordance with Subsection (2), the local health department shall reduce the amount of the
162     food truck permit fee to an amount that accounts for the lower administrative burden on the
163     local health department Ĥ→ [for processing the reciprocal permit] ←Ĥ .
164          (4) (a) A political subdivision inspecting a food truck for fire safety shall conduct the
165     inspection based on the criteria that the Utah Fire Prevention Board, created in Section
166     53-7-203, establishes in accordance with Section 53-7-204.
167          (b) (i) A political subdivision shall consider valid within the political subdivision's
168     jurisdiction an approval from another political subdivision within the state that shows that the
169     food truck passed a fire safety inspection that the other political subdivision conducted.
170          (ii) A political subdivision may not require that a food truck pass a fire safety
171     inspection in a given calendar year if the food truck [operator] business presents to the political
172     subdivision an approval described in Subsection (4)(b)(i) issued during the same calendar year.
173          (5) (a) Nothing in this section prevents a local health department from:
174          (i) requiring a food truck [operator] business to obtain an event permit, in accordance
175     with Section 11-56-105; or
176          (ii) revoking a health department food truck permit that the local health department has
177     issued if the operation of the related food truck within the jurisdiction of the local health
178     department violates the terms of the permit.
179          (b) Nothing in this section prevents a political subdivision from revoking the political
180     subdivision's approval described in Subsection (4)(b)(i) if the operation of the related food
181     truck within the political subdivision fails to meet the criteria described in Subsection (4)(a).
182          Section 4. Section 11-56-105 is amended to read:
183          11-56-105. Food truck events.
184          (1) Subject to Subsection (4), a political subdivision may not require a food truck
185     [operator to] business to pay any fee or obtain from the political subdivision [an event] any
186     permit to operate a food truck at a food truck event that takes place on private property within
187     the political subdivision, regardless of whether the event is open or closed to the public.
188          (2) If the food truck [operator] business has a business license from any political
189     subdivision within the state, a political subdivision may not require a food truck [operator to]
190     business to pay any fee or obtain from the political subdivision an additional business license
191     or permit to operate a food truck at a food truck event that:
192          (a) takes place on private property within the political subdivision; and
193          (b) is not open to the public.
194          (3) If a political subdivision requires an event permit for a food truck event, the
195     organizer of the food truck event may obtain the event permit on behalf of the food trucks that
196     service the event.
197          (4) (a) Nothing in this section prohibits a county health department from requiring a
198     permit for a temporary mass gathering.
199          (b) (i) A food truck operating at a temporary mass gathering that occurs over multiple
200     days may operate in a stationary manner for the duration of the temporary mass gathering, not
201     to exceed five consecutive days, without moving or changing location if the food truck
202     maintains sanitary conditions and operates in compliance with the permitting requirements and
203     regulations imposed on other food vendors at the temporary mass gathering.
204          (ii) A county health department may not impose a requirement on a food truck
205     described in Subsection (4)(b)(i) that the county health department does not impose on other
206     food vendors operating at the temporary mass gathering.
207          Section 5. Section 11-56-106 is amended to read:
208          11-56-106. Food truck operation.
209          A political subdivision may not:
210          (1) entirely or constructively prohibit food trucks in a zone in which a food
211     establishment is a permitted or conditional use;
212          (2) prohibit the operation of a food truck within a given distance of a restaurant;
213          (3) restrict the total number of days a food truck [operator] business may operate a food
214     truck within the political subdivision during a calendar year;
215          (4) require a food truck [operator] business to:
216          (a) provide to the political subdivision:
217          (i) a site plan for each location in which [the] a food truck operates in the public right
218     of way, if the political subdivision permits food truck operation in the public right of way; or
219          (ii) the date, time, or duration that a food truck will operate within the political
220     subdivision; or
221          (b) obtain and pay for a land use permit for each location and time during which [the] a
222     food truck operates; or
223          (5) if a food truck [operator] business has the consent of a private property owner to
224     operate [the] a food truck on the private property:
225          (a) limit the number of days the food truck may operate on the private property;
226          (b) require that the food truck operator provide to the political subdivision or keep on
227     file in the food truck the private property owner's written consent; or
228          (c) require a site plan for the operation of the food truck on the private property where
229     the food truck operates in the same location for less than 10 hours per week.