Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 167 First Substitute (2018GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill: Ŝ→ [
• prohibits a political subdivision from charging a fee for a reciprocal business license for the operation of a food truck; ] ←Ŝ
• restricts a political subdivision's ability to regulate a food truck through a land use or zoning ordinance;
• prohibits certain regulation of a food truck on private property; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 12, 2018 at 11:17 AM by estauffer.
FOOD TRUCK REGULATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
 Francis D. Gibson
LONG TITLE
General Description:
This bill amends provisions related to political subdivision regulation of food trucks. 
Highlighted Provisions:
This bill:
Ŝ→ [
 ▸ prohibits a political subdivision from charging a fee for a reciprocal business license
for the operation of a food truck;
] ←Ŝ
▸ restricts a political subdivision's ability to regulate a food truck through a land use
or zoning ordinance;
▸ prohibits certain regulation of a food truck on private property; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-56-103
, as enacted by Laws of Utah 2017, Chapter 165
11-56-106
, as enacted by Laws of Utah 2017, Chapter 165
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-56-103
 is amended to read:
11-56-103.
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 in the same calendar year; [
or
]
(b) require a fee for each employee the food truck operator employs; or
[
(b)
] 
(c)
 as a business license qualification, require a food truck operator or food truck
vendor to
:
(i)
 submit to or offer proof of a criminal background check[
.
]
; or
 (ii) demonstrate compliance with a land use or zoning ordinance at the time the
operator or vendor applies for the license. 
(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 health department food truck permit from a local health department within
the state; and
(iii) a current approval of a political subdivision within the state that shows that the
food truck passed a fire safety inspection that the other political subdivision conducted in
accordance with Subsection 
11-56-104
(4)(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) A political subdivision may only charge a licensing fee to a food truck operator
in an amount that reimburses the political subdivision for the 
actual
 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
] 
actual
 administrative burden on the political
subdivision.
(4) Nothing in this section prevents a political subdivision from:
(a) requiring a food truck operator to obtain an event permit, in accordance with
Section 
11-56-105
; or
(b) revoking a license that the political subdivision has issued if the operation of the
related food truck within the political subdivision violates the terms of the license.
Section 2. Section 
11-56-106
 is amended to read:
11-56-106.
Food truck operation.
A political subdivision may not
:
(1) entirely or constructively prohibit food trucks in all zones within the political
subdivision's jurisdictional boundaries;
(2)
 prohibit the operation of a food truck within a given distance of a restaurant[
.
]
;
(3) restrict the total number of days a food truck operator may operate a food truck
within the political subdivision during a calendar year;
(4) require a food truck operator to:
(a) provide to the political subdivision a site plan for each location in which the food
truck operates in the public right of way, if the political subdivision permits food truck
operation in the public right of way; or
(b) obtain and pay for a land use permit for each location and time during which the
food truck operates; or
(5) if a food truck operator has the consent of a private property owner to operate the
food truck on the private property:
(a) limit the number of days the food truck may operate on the private property;
(b) require that the food truck operator provide to the political subdivision or keep on
file in the food truck the private property owner's written consent; or
(c) require a site plan for the operation of the food truck on the private property where
the food truck operates in the same location for less than 10 hours per week.
Legislative Review Note
Office of Legislative Research and General Counsel