Summary:
In May 2018, House Bill 2371 or the “Food Truck Freedom” bill was signed into law and established the state licensing scheme, minimum food safety regulations and inspection standards for mobile food vendors (or Food Trucks) to be administered by the Department of Health Services and county health departments. House Bill 2371 (or HB2371) also placed certain limitations on the governing power of local municipalities as noted below.
Key Highlights from HB2371:
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Cities/towns may:
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Prohibit operations within a residential zoning district or within two hundred and fifty (250) feet of an area zoned for residential use.
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Regulate the number of parking spaces, vehicle size, parking duration, and the ability to occupy sites with insufficient parking capacity.
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Cities/towns may not:
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Require a specific separation distance from the perimeter of an existing commercial establishments or restaurants, except as required by applicable building and fire codes.
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Require a special permit that would not be required for other temporary or mobile vending businesses in the same zoning district.
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Require inspection by the local fire department before operation if the mobile food unit passed a fire inspection by another city or town fire department within Arizona in the preceding twelve months.
Mobile Food Vendors have become an increasingly prevalent business in Peoria, the Phoenix metro area, and nationwide. Mobile vendors can provide necessary food or merchandise in locations and timeframes that are convenient for patrons. More recently, the mobile vendor format is seen as a nimble business format, which is conducive to start-up small businesses that are still determining market demands for their goods. While, a majority of cities across the valley have, to some degree, revised their regulations concerning mobile food vendors since the approval of HB 2371, these regulations continue to vary remarkably from city to city in terms of duration, operation limitations, setbacks, and required processes.
Given the lack of uniformity in regulatory practice, planning staff has been working diligently with all applicable City departments, under the guidance of the Council Subcommittee of Codes, to construct general regulations, duration options, and minimum setback considerations that would be appropriate for Peoria, while balancing the needs of businesses.
Proposed Ordinance:
The attached Ordinance provides changes to several sections in Chapter 21 of the City Code as summarized below.
Definitions (section 21-202)
The definitions identified below are included within the subject Zoning Ordinance Text Amendment and consistent with ARS §9-485.
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Mobile Food Unit meaning a food establishment that is licensed by the State of Arizona, that is readily moveable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle.
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Mobile Food Vendor meaning any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit.
The proposed definitions identified below are included within the subject Zoning Ordinance Text Amendment and they are directly from the League of Arizona Cities and Towns Food Truck Model Ordinance.
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Mobile Merchandise Vendor meaning any person who sells any type of tangible personal property at or adjacent to the person’s mobile sales unit in which such tangible personal property is carried.
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Mobile Merchandise Unit meaning any vehicle used for carrying tangible personal property for sale at or adjacent to the vehicle in which such tangible personal property is carried.
The intent behind utilizing these standardized definitions is to allow for ease of understanding for vendors that have not yet operated in Peoria, and to provide continuity between Peoria and State regulations.
Land Use Matrix (Section 21-503)
The Land Use Matrix has been updated to reflect new definitions/land uses.
Limitations on uses (Section 21-505)
Modified operational parameters are proposed to ensure compatibility with surrounding commercial uses as well any adjacent residential uses.
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Location
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Temporary location on a site would no longer require a Temporary Use Permit. As proposed, the use would be permitted on private property with written permission from the property owner or authorized agent.
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No part of the use shall be within 250 feet of any single-family residential lot, not including common area tracts.
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Operation
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The use shall not operate at the same site or center for more than eight (8) consecutive hours within a 24-hour period. This period includes time needed for set-up, operation and takedown.
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Unless a Temporary Use Permit has been obtained, the operation shall not occur between the hours of 10:00 pm and 7:00 am, unless the mobile food unit is acting as an auxiliary kitchen for an existing bar, tavern, or restaurant. In this instance, the use shall be limited to the hours of operation for that primary business.
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Mobile restrooms are prohibited.
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Adequate lighting is required, but shall be directed downward and shielded in a manner that the illumination source shall not be visible from any adjacent property.