Section 8-7-4 Town Licensing Requirements
A. A Town license as required by this article is not required for a mobile food unit that is operating solely as part of either a Town-approved special event or an event that has been approved through an administrative temporary use permit. A business license and proof of an approved fire inspection are still required.
B. Except as provided in subsection A of this section, it shall be unlawful for a person to operate a mobile food unit at any location within the Town without obtaining a license from the Town in accordance with this article and any other licenses required for the lawful operation of a business.
C. A license issued or renewed pursuant to this article is valid for a period of one year from the date of issuance so long as the mobile food unit is in compliance with this article. The license is nontransferable.
1. Application Requirements – Procedure. Any person desiring to obtain a new or renewal license must apply by presenting a complete application, the applicable fee, and proof of identity sufficient to conduct civil and criminal background checks to the Town.
2. The application shall include, but not be limited to, the following information:
a. The names, addresses, and contact information for the applicant, including all controlling persons and designated agents;
b. A general description of the goods to be sold by the mobile food vendor;
c. A description, license plate number and photograph of the mobile food unit;
d. A valid driver’s license;
e. Proof required by A.R.S. § 41-1080 that the applicant is a citizen of the United States or a noncitizen authorized to work in the United States; and
f. Copies of required certificate(s) from the health services department in Maricopa County;
g. Copies of a passed fire inspection, as applicable;
h. Proof of insurance.
D. Complete renewal applications shall be submitted to the Town no later than thirty (30) calendar days prior to the expiration of a license; otherwise the license shall be deemed expired and nonrenewable. If the renewal application is not received as stated above, the licensee shall submit an application for a new license and provide all information and fees required for a new license application.
E. A new or renewal license shall be issued to an applicant pursuant to this article unless:
1. The applicant fails to provide a completed application, the required application fee, or the proof of identity sufficient to conduct a background check;
2. The applicant fails to pay the applicable license fee for a new or renewal license when the application is received;
3. The applicant or a controlling person is currently in violation of this article;
4. The application contains false or misleading information;
5. The applicant has a current debt related to any open or closed account maintained or formerly maintained with the Town;
6. The applicant or controlling person failed to comply with any federal and state laws, regulations promulgated by the Arizona Department of Health Services, the county that issued the food truck permit, or the Town Code; or
7. The applicant or controlling person, within the five-year period immediately preceding the submission of the application, was convicted of any of the following:
a. A felony;
b. Misdemeanor involving fraud, theft, dishonesty, assault or moral turpitude.
8. Within five years preceding the application date, the applicant has voluntarily surrendered a mobile food vendor or similar license as a result of or while under investigation or has had a mobile food vendor or similar license revoked.
F. Time Frames for Issuance of Licenses.
1. Administrative Time Frame. Unless the license has already been issued, within fifteen (15) calendar days after receiving a license application under this article, the Town shall determine whether the application is administratively complete, and notify the applicant as set forth in this article.
2. Substantive Time Frame. Within forty-five (45) calendar days after the Town notifies the applicant that the application is administratively complete, the Town will complete its substantive review of the license application.
3. Overall Time Frame. Within ninety (90) calendar days after receiving an application under this article, the Town will grant or deny a license.
4. An application is deemed withdrawn if, within thirty (30) calendar days after the date of a request for additional information during the substantive time frame, the applicant does not supply the requested information or provide justification for delay. On receipt of justification for delay, the Town shall allow the applicant thirty (30) additional calendar days to provide the requested information before deeming the application withdrawn.
5. Except as otherwise provided, the time frames in this section may be extended and suspended as provided by state law.
G. Fees. Every application shall be accompanied by the appropriate application fees in the amounts set forth in the Town’s fee schedule, as adopted by the Town Council as part of the Town’s annual budget or by separate resolution. License fees are nonrefundable. (23-10, Added, 11/21/2023)