11-269.24. Mobile food vendors; mobile food units; operation; insurance requirement prohibited; definitions

A. In relation to a mobile food vendor or mobile food unit, a county board of supervisors by ordinance or resolution may:

1. Impose operating hours only if they are the same as the operating hours imposed on restaurants in that county.

2. Restrict the operation of noisemaking devices during specific times of day.

3. Restrict or prohibit the operation of a mobile food unit in an area that is zoned as residential only.

4. Prohibit a mobile food unit that is operating on private property from blocking ingress to and egress from that property.

5. Prohibit a mobile food unit from blocking or inhibiting the use of a public sidewalk.

6. Prohibit a mobile food vendor or mobile food unit from blocking vehicular traffic on public streets and roads.

7. Require a mobile food vendor to obtain consent from a private property owner or lessee or the owner's or lessee's agent before beginning operation on that property.

8. Prohibit or restrict a mobile food vendor from operating at a public airport.

9. Require a mobile food vendor with a state license that is not issued by that county to apply for a permit in order to conduct business within the county. The county may charge a fee for the permit. The permit shall be made available in an electronic format that is available online. The ordinance or resolution may not require a mobile food vendor with a state license to be inspected as a condition of receiving the permit.

10. Prohibit or restrict a mobile food vendor from operating at a county public park.

B. In relation to a mobile food vendor or mobile food unit, a county board of supervisors may not:

1. Restrict how long a mobile food vendor or mobile food unit may operate at a private property location, except that a mobile food vendor may not operate at a private property location for more than ninety-six consecutive hours.

2. Require a mobile food vendor to operate a specific distance from the perimeter of an existing commercial establishment or restaurant, except as required for public safety purposes.

3. Prohibit or restrict a mobile food vendor from using any legal parking space, including metered parking, to the same extent as any other commercial vehicle.

4. Require a mobile food vendor to maintain an insurance policy that names the county as an additional insured unless the mobile food vendor is attending an event sponsored by that county or is operating on public property.

5. Require a mobile food vendor to be fingerprinted.

C. A county with a population of more than five hundred thousand persons shall make available a business license application in an electronic format that is available online and may not require a mobile food vendor to apply in person.

D. For the purposes of this section:

1. " Mobile food unit" means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in section 28-101.

2. " Mobile food vendor" means 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.