1     
FOOD TRUCK LICENSING AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Jacob L. Anderegg

6     

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

28     

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) [(a)] "Food truck" means:
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) ["Food truck" does not include a food cart or an ice cream truck.] a food cart; or
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.
86          [(1) A political subdivision may not:]
87          [(a) require a separate license, permit, or fee beyond the initial or reciprocal business
88     license described in Subsection (2) and the fee described in Subsection (3) for a food truck
89     business, regardless of whether a food truck operates in more than one location or on more than

90     one day within the political subdivision in the same calendar year;]
91          [(b) require a fee for each employee the food truck business employs; or]
92          [(c) as a business license qualification, require a food truck business to, regarding a
93     food truck operator or food truck vendor:]
94          [(i) submit to or offer proof of a criminal background check; or]
95           [(ii) demonstrate how the operation of the food truck business will comply with a land
96     use or zoning ordinance at the time the business applies for the business license.]
97          [(2) (a) A political subdivision shall grant a business license to operate a food truck
98     within the political subdivision to a food truck business that has obtained a business license to
99     operate a food truck in another political subdivision within the state if the food truck business
100     presents to the political subdivision:]
101          [(i) a current business license from the other political subdivision within the state; and]
102          [(ii) for each food truck that the food truck business operates:]
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:
125          [(A)] (i) a current health department food truck permit from a local health department
126     within the state; and
127          [(B)] (ii) a current approval of a political subdivision within the state that shows that
128     the food truck passed a fire safety inspection that the other political subdivision conducted in
129     accordance with Subsection 11-56-104[(4)](3)(a).
130          [(b) If a food truck business presents the documents described in Subsection (2)(a), the
131     political subdivision may not:]
132          [(i) impose additional license qualification requirements on the food truck business
133     before issuing a license to operate within the political subdivision, except for charging a fee in
134     accordance with Subsection (3); or]
135          [(ii) issue a license that expires on a date earlier or later than the day on which the
136     license described in Subsection (2)(a)(i) expires.]
137          [(c) Nothing in this Subsection (2) prevents a political subdivision from enforcing the
138     political subdivision's land use regulations, zoning, and other ordinances in relation to the
139     operation of a food truck to the extent that the regulations and ordinances do not conflict with
140     this chapter.]
141          [(3) (a) For an initial business license, a political subdivision may only charge a
142     licensing fee to a food truck business in an amount that reimburses the political subdivision for
143     the actual cost of processing the business license.]
144          [(b) For a reciprocal business license that a political subdivision issues in accordance
145     with Subsection (2), the political subdivision shall reduce the amount of the business licensing
146     fee to an amount that accounts for the actual administrative burden on the political subdivision
147     for processing the reciprocal license.]
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[,] in accordance with
154     Section 11-56-105; or
155          [(d) revoking a license that the political subdivision has issued if the operation of the
156     related food truck within the political subdivision violates the terms of the license.]
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.
172          [(2) (a) A local health department shall grant a health department food truck permit to
173     operate a food truck within the jurisdiction of the local health department to a food truck
174     business that has obtained the health department food truck permit described in Subsection (1)
175     from another local health department within the state if the food truck business presents to the
176     local health department the current health department food truck permit from the other local
177     health department.]
178          [(b) If a food truck business presents the health department food truck permit described
179     in Subsection (1), the local health department may not:]
180          [(i) impose additional permit qualification requirements on the food truck business
181     before issuing a health department food truck permit to operate within the jurisdiction of the
182     local health department, except for charging a fee in accordance with Subsection (3); or]

183          [(ii) issue a health department food truck permit that expires on a date earlier or later
184     than the day on which the permit described in Subsection (1) expires.]
185          [(3) (a)] (2) A local health department may only charge a health department food truck
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.
188          [(b) For a health department food truck permit that a local health department issues in
189     accordance with Subsection (2), the local health department shall reduce the amount of the
190     food truck permit fee to an amount that accounts for the lower administrative burden on the
191     local health department.]
192          [(4)] (3) (a) A political subdivision inspecting a food truck for fire safety shall conduct
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 [consider] recognize as valid within the political
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 [(4)] (3)(b)(i) issued during the same calendar
202     year.
203          [(5)] (4) (a) Nothing in this section prevents a local health department from[: (i)]
204     requiring a food truck business to obtain an event permit, in accordance with Section
205     11-56-105[; or].
206          [(ii) revoking a health department food truck permit that the local health department
207     has issued if the operation of the related food truck within the jurisdiction of the local health
208     department violates the terms of the permit.]
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
213          (ii) described in Subsection [(4)] (3)(b)(i), if the operation of the related food truck

214     within the political subdivision fails to meet the criteria described in Subsection [(4)] (3)(a).