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7 LONG TITLE
8 General Description:
9 This bill modifies the Food Truck Licensing and Regulation Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of a food truck;
13 ▸ modifies a municipality's and a county's regulation and business licensing authority
14 over food truck businesses, including the regulation and business licensing authority
15 over a food truck business that has previously obtained a business license in another
16 political subdivision;
17 ▸ modifies health and safety inspection requirements for food truck businesses; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 11-56-102, as last amended by Laws of Utah 2019, Chapter 260
26 11-56-103, as last amended by Laws of Utah 2019, Chapter 260
27 11-56-104, as last amended by Laws of Utah 2019, Chapter 260
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 11-56-102 is amended to read:
31 11-56-102. Definitions.
32 As used in this chapter:
33 (1) "Event permit" means a permit that a political subdivision issues to the organizer of
34 a public food truck event located on public property.
35 (2) "Food cart" means a cart:
36 (a) that is not motorized; and
37 (b) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve
38 food or beverages for immediate human consumption.
39 (3) [
40 (a) a fully encased food service establishment:
41 (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
42 (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares,
43 cooks, sells, or serves food or beverages for immediate human consumption[
44 (b) [
45 (c) an ice cream truck.
46 (4) "Food truck business" means a person who operates a food truck or, under the same
47 business, multiple food trucks.
48 (5) "Food truck event" means an event where an individual has ordered or
49 commissioned the operation of a food truck at a private or public gathering.
50 (6) "Food truck operator" means a person who owns, manages, or controls, or who has
51 the duty to manage or control, the food truck business.
52 (7) "Food truck vendor" means a person who sells, cooks, or serves food or beverages
53 from a food truck.
54 (8) "Health department food truck permit" means a document that a local health
55 department issues to authorize a person to operate a food truck within the jurisdiction of the
56 local health department.
57 (9) "Ice cream truck" means a fully encased food service establishment:
58 (a) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
59 (b) from which a vendor, from within the frame of the vehicle, serves ice cream;
60 (c) that attracts patrons by traveling through a residential area and signaling the truck's
61 presence in the area, including by playing music; and
62 (d) that may stop to serve ice cream at the signal of a patron.
63 (10) "Local health department" means the same as that term is defined in Section
64 26A-1-102.
65 (11) "Political subdivision" means:
66 (a) a city, town, or metro township; or
67 (b) a county, as it relates to the licensing and regulation of businesses in the
68 unincorporated area of the county.
69 (12) (a) "Temporary mass gathering" means:
70 (i) an actual or reasonably anticipated assembly of 500 or more people that continues,
71 or reasonably can be expected to continue, for two or more hours per day; or
72 (ii) an event that requires a more extensive review to protect public health and safety
73 because the event's nature or conditions have the potential of generating environmental or
74 health risks.
75 (b) "Temporary mass gathering" does not include an assembly of people at a location
76 with permanent facilities designed for that specific assembly, unless the assembly is a
77 temporary mass gathering described in Subsection (12)(a)(i).
78 Section 2. Section 11-56-103 is amended to read:
79 11-56-103. Licensing -- Reciprocity -- Fees.
80 (1) (a) Subject to the provisions of this chapter, a political subdivision may require a
81 food truck business to obtain a business license if the food truck business does not hold a
82 current business license in good standing from another political subdivision in the state.
83 (b) A political subdivision may only charge a licensing fee to a food truck business in
84 an amount that reimburses the political subdivision for the actual cost of processing the
85 business license.
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103 (2) A political subdivision may not:
104 (a) require a food truck business to:
105 (i) obtain a separate license or permit beyond the initial business license described in
106 Subsection (1)(a);
107 (ii) pay a fee other than the fee for the initial business license described in Subsection
108 (1); or
109 (iii) pay a fee for each employee the food truck business employs;
110 (b) as a condition of food truck business obtaining a business license under Subsection
111 (1):
112 (i) require a food truck operator or food truck vendor to submit to or offer evidence of
113 a criminal background check; or
114 (ii) require a food truck operator to demonstrate how the operation of the food truck
115 business will comply with a land use or zoning ordinance at the time the food truck business
116 applies for the business license; or
117 (c) regulate or restrict the size of a food truck operated by a food truck business.
118 (3) (a) A political subdivision shall recognize as valid within the political subdivision
119 the business license of a food truck business obtained in another political subdivision within
120 the state, if the business license is current and in good standing.
121 (b) Nothwithstanding Subsection (3)(a), a political subdivision is not required to
122 recognize as valid the business license of a food truck business issued in another political
123 subdivision within the state if the food truck business does not have the following for each
124 food truck that the food truck business operates:
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126 within the state; and
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128 the food truck passed a fire safety inspection that the other political subdivision conducted in
129 accordance with Subsection 11-56-104[
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148 (4) Nothing in this section prevents a political subdivision from:
149 (a) requiring a food truck business to comply with local zoning and land use
150 regulations to the extent that the regulations do not conflict with this chapter;
151 (b) promulgating local ordinances and regulations consistent with this section that
152 address how and where a food truck may operate within the political subdivision;
153 (c) requiring a food truck business to obtain an event permit[
154 Section 11-56-105; or
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157 (d) requiring a food truck business to keep a copy of the following in each food truck
158 operated by the food truck business:
159 (i) a valid business license for the food truck business, as described in this section,
160 whether issued by the political subdivision or another political subdivision;
161 (ii) a valid health department food truck permit, as described in Section 11-56-104,
162 whether issued by a local health department or another health department; or
163 (iii) evidence of passing a fire safety inspection, as described in Section 11-56-104,
164 whether conducted by the political subdivision or another political subdivision.
165 Section 3. Section 11-56-104 is amended to read:
166 11-56-104. Safety and health inspections and permits -- Fees.
167 (1) (a) A food truck business shall obtain, for each food truck that the business
168 operates, an annual health department food truck permit from the local health department with
169 jurisdiction over the area in which the majority of the food truck's operations takes place.
170 (b) A local health department shall recognize as valid a health department food truck
171 permit that has been issued by another local health department within the state.
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186 permit fee to a food truck business in an amount that reimburses the local health department for
187 the cost of regulating the food truck.
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193 the inspection based on the criteria that the Utah Fire Prevention Board, created in Section
194 53-7-203, establishes in accordance with Section 53-7-204.
195 (b) (i) A political subdivision shall [
196 subdivision's jurisdiction an approval from another political subdivision within the state that
197 shows that the food truck passed a fire safety inspection that the other political subdivision
198 conducted.
199 (ii) A political subdivision may not require that a food truck pass a fire safety
200 inspection in a given calendar year if the food truck business presents to the political
201 subdivision an approval described in Subsection [
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204 requiring a food truck business to obtain an event permit, in accordance with Section
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209 (b) Nothing in this section prevents a political subdivision from revoking the political
210 subdivision's approval:
211 (i) described in Subsection (1)(b), if the operation of the related food truck within the
212 political subdivision fails a health inspection; or
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214 within the political subdivision fails to meet the criteria described in Subsection [