Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 250 First Substitute (2017GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prevents a political subdivision from requiring multiple business licenses, permits, or fees for a food truck to operate in more than one location within the political subdivision;
• requires a political subdivision to grant a business license to a food truck operator who presents certain safety certificates and a business license from another political subdivision;
• requires that fees for business licensing not generate revenue but only reimburse the political subdivision for the cost of regulation;
• requires a political subdivision conducting a fire safety inspection of a food truck to ensure compliance with certain standards set by the Utah State Fire Marshal;
• requires reciprocity between county health departments and political subdivisions regarding health and fire safety inspection certificates;
• establishes when a business license or event permit is required for a food truck event; and
• prevents a political subdivision from imposing certain requirements or prohibitions on the operation of a food truck.

Every vote on this bill

Bill text

FOOD TRUCK LICENSING AND REGULATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
 Kim F. Coleman
LONG TITLE
General Description:
This bill enacts the Food Truck Licensing and Regulation Act to address local
regulation of food trucks.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prevents a political subdivision from requiring multiple business licenses, permits,
or fees for a food truck to operate in more than one location within the political
subdivision;
▸ requires a political subdivision to grant a business license to a food truck operator
who presents certain safety certificates and a business license from another political
subdivision;
▸ requires that fees for business licensing not generate revenue but only reimburse the
political subdivision for the cost of regulation;
▸ requires a political subdivision conducting a fire safety inspection of a food truck to
ensure compliance with certain standards set by the Utah State Fire Marshal;
▸ requires reciprocity between county health departments and political subdivisions
regarding health and fire safety inspection certificates;
▸ establishes when a business license or event permit is required for a food truck
event; and
▸ prevents a political subdivision from imposing certain requirements or prohibitions
on the operation of a food truck.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
ENACTS:
11-55-101
, Utah Code Annotated 1953
11-55-102
, Utah Code Annotated 1953
11-55-103
, Utah Code Annotated 1953
11-55-104
, Utah Code Annotated 1953
11-55-105
, Utah Code Annotated 1953
11-55-106
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
11-55-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-55-101
 is enacted to read:
CHAPTER 55. FOOD TRUCK LICENSING AND REGULATION ACT
 11-55-101.
Title.
This chapter is known as the "Food Truck Licensing and Regulation Act."
Section 2. Section 
11-55-102
 is enacted to read:
 11-55-102.
Definitions.
As used in this chapter:
(1) "Event permit" means a permit that a political subdivision issues to the organizer of
a public food truck event located on public property.
(2) "Food cart" means a cart:
(a) that is not motorized; and
(b) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve
food or beverages for immediate human consumption.
(3) (a) "Food truck" means a fully encased food service establishment:
(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares,
cooks, sells, or serves food or beverages for immediate human consumption.
(b) "Food truck" does not include a food cart.
(4) "Food truck event" means an event where an individual has ordered or
commissioned the operation of a food truck at a private or public gathering.
(5) "Food truck operator" means a person who owns, manages, or controls, or who has
the duty to manage or control, the operation of a food truck.
(6) "Food truck vendor" means a person who sells, cooks, or serves food or beverages
from a food truck.
(7) "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.
(8) (a) "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.
(b) "Temporary mass gathering" does not include an assembly of people at a location
with permanent facilities designed for that specific assembly, unless the assembly is a
temporary mass gathering described in Subsection (8)(a)(ii).
Section 3. Section 
11-55-103
 is enacted to read:
 11-55-103.
Licensing -- Reciprocity -- Fees.
(1) A political subdivision may not:
(a) require a separate license or fee beyond the initial business license and fee for the
operation of a food truck in more than one location or on more than one day within the political
subdivision; or
(b) as a business license qualification, require a food truck operator or food truck
vendor to submit to or offer proof of a criminal background check.
(2) (a) A political subdivision shall grant a business license to operate a food truck
within the political subdivision to a food truck operator who has obtained a business license to
operate a food truck in another political subdivision within the state if the food truck operator
presents to the political subdivision:
(i) a current business license from the other political subdivision within the state;
(ii) a current certificate showing that the food truck has passed an inspection that a
county health department within the state conducted; and
(iii) a current certificate showing that the food truck has passed a fire safety inspection
that a political subdivision within the state conducted in accordance with Subsection
11-55-104
(2)(a).
(b) If a food truck operator presents the documents described in Subsection (2)(a), the
political subdivision may not:
(i) impose additional license qualification requirements on the food truck operator
before issuing a license to operate within the political subdivision, except for charging a fee in
accordance with Subsection (3); or
(ii) issue a license that expires on a date earlier or later than the day on which the
license described in Subsection (2)(a)(i) expires.
(c) Nothing in this Subsection (2) prevents a political subdivision from enforcing the
political subdivision's land use regulations, zoning, and other ordinances in relation to the
operation of a food truck.
(3) (a) Notwithstanding Subsections 
10-1-203
(2) and 
17-53-216
(2), a political
subdivision may only charge a licensing fee to a food truck operator in an amount that
reimburses the political subdivision for the cost of regulating the food truck.
(b) For a business license that a political subdivision issues in accordance with
Subsection (2), the political subdivision shall reduce the amount of the business licensing fee to
an amount that accounts for the lower administrative burden on the political subdivision.
(4) Nothing in this section prevents a political subdivision from requiring a food truck
operator to obtain an event permit, in accordance with Section 
11-55-105
.
Section 4. Section 
11-55-104
 is enacted to read:
 11-55-104.
Safety inspections -- Reciprocity.
(1) (a) A county health department shall consider valid within the county health
department's jurisdiction a certificate from another county health department within the state
that shows that the food truck passed an inspection that the other county health department
conducted.
(b) A county health department may not require that a food truck pass a county health
department inspection in a given calendar year if the food truck operator presents to the county
health department a certificate described in Subsection (1)(a) issued during the same calendar
year.
(2) (a) A political subdivision inspecting a food truck for fire safety shall conduct the
inspection based on reasonable standards in the fire safety check list for food trucks that the
Utah State Fire Marshal publishes on the Department of Public Safety's website.
(b) (i) A political subdivision shall consider valid within the political subdivision's
jurisdiction a certificate from another political subdivision within the state that shows that the
food truck passed a fire safety inspection that the other political subdivision conducted.
(ii) A political subdivision may not require that a food truck pass a fire safety
inspection in a given calendar year if the food truck operator presents to the political
subdivision a certificate described in Subsection (2)(b)(i) issued during the same calendar year.
Section 5. Section 
11-55-105
 is enacted to read:
 11-55-105.
Food truck events.
(1) Subject to Subsection (4), a political subdivision may not require a food truck
operator to obtain from the political subdivision an event permit to operate a food truck at a
food truck event that takes place on private property within the political subdivision, regardless
of whether the event is open or closed to the public.
(2) If the food truck operator has a business license from any political subdivision
within the state, a political subdivision may not require a food truck operator to obtain from the
political subdivision an additional business license to operate a food truck at a food truck 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 food truck event, the
organizer of the food truck event may obtain the event permit on behalf of the food trucks that
service the event.
(4) Nothing in this section prohibits a county health department from requiring a
permit for a temporary mass gathering.
Section 6. Section 
11-55-106
 is enacted to read:
 11-55-106.
Food truck operation.
A political subdivision may not prohibit the operation of a food truck within a given
distance of a restaurant.
Section 7. 
 Coordinating S.B. 250 with S.B. 81 -- Technical and substantive
amendments.
If this S.B. 250 and S.B. 81, Local Government Licensing Amendments, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication by modifying Subsection
11-55-103
(3) to read:
"(3) (a) A political subdivision may only charge a licensing fee to a food truck operator
in an amount that reimburses the political subdivision for the cost of regulating the food truck.
(b) For a business license that a political subdivision issues in accordance with
Subsection (2), the political subdivision shall reduce the amount of the business licensing fee to
an amount that accounts for the lower administrative burden on the political subdivision."
Legislative Review Note
Office of Legislative Research and General Counsel