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Mobile merchants shall be located, developed, and operated in compliance with the following standards:

A. Compliance with State Licensing Requirements.

1. It shall be unlawful for any person to operate a mobile food unit or act as a mobile food vendor without having first obtained a valid license from Pinal County Department of Health Services pursuant to A.R.S. § 36-1761.

B. Permit Requirements.

1. It shall be unlawful for a person to operate a mobile sales unit at any location within the city without obtaining a zoning permit in accordance with city permit requirements. The mobile merchant shall comply with the requirements of this title.

2. A permit issued pursuant to this title, including a renewal of a permit, is valid from the date of issuance if the mobile merchant is in compliance with this title. The permit is nontransferable.

C. Operation Requirements.

1. Fire Safety and Inspection. A mobile merchant must ensure that all mobile sales units comply with the version of the International Fire Code in effect at the time when the permit is issued, state law, and the city code relating to fire and explosion safety standards.

2. It is unlawful for any person to operate a mobile sales unit that does not meet the requirements in this section.

3. A mobile sales unit(s) shall be inspected by the city’s fire division, or the mobile merchant shall provide evidence that the mobile sales unit passed a fire inspection by another city or town fire department in this state within the preceding 12 months.

4. Provide a minimum of one 15-gallon trash receptacle within 15 feet of each individual mobile sales unit for customers and employees.

5. Transport the trash from the area of operation to an authorized waste disposal location.

6. A mobile sales unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downward and away from rights-of-way and adjacent properties.

D. Insurance.

1. If the mobile food unit operates at an event sponsored by the city or operates on public property, including rights-of-way or property owned by the city, the mobile merchant shall obtain insurance naming the city as an additional insured in amounts as required by the city and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.

2. The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.

3. The policy shall designate by manufacturer’s serial or identification number all mobile sales units for which coverage is granted.

4. The policy shall insure the person named in the policy and any other person using the mobile merchant with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile sales unit in Arizona.

5. No sales of food items in glass containers shall be permitted.

6. No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.

7. One A-frame sign shall be allowed within 10 feet of the mobile food vendor. Refer to city sign regulations for size limitations in Chapter 18.115 MCC.

E. Location. A mobile merchant shall operate a mobile sales unit only in commercial zoning districts in accordance with the city zoning code and subject to the following limitations and conditions:

1. Residential Area. A mobile food vendor shall not operate in an area zoned for residential use or within 250 feet of an area zoned for residential use, except:

a. A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or

b. Subject to applicable laws and the city code, a mobile merchant may operate on private property in a residential area if the mobile merchant or property owner obtains a special event permit through the city for a maximum of six hours within a 24-hour period on the private property.

2. City-Owned Property. A mobile merchant shall only operate in a legal parking space. If the mobile food vendor desires to operate on city property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the city:

a. A separate licensing for use, services contract, or similar agreement, which will be entered into at the city’s sole discretion and applicable law; or

b. A special event permit or similar permission in accordance with the city code.

3. Private Property. A mobile merchant shall obtain written permission to use any private property where a mobile sales unit is operating and shall provide proof of such written permission on demand by the city.

Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile sales unit shall not remain in one location on private property for longer than 96 consecutive hours, unless the city grants permission for a permitted event greater than four days. “One location” within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.

4. Airports/Public Transit. Mobile merchants shall not operate at any city airport or public transit facility unless the mobile merchant has entered into a separate licensing for use agreement or similar services agreement with the city, which the city will enter in its sole discretion and applicable law.

F. Parking. A mobile sales unit shall comply with this subsection and applicable law as it pertains to parking, unless parking is governed by a separate subsection in this title.

1. A mobile sales unit shall only operate in a legal parking space.

2. A mobile sales unit, including any semi-permanent structure used or associated with the mobile sales unit, may use no more than one legal parking space, unless the mobile merchant has a separate agreement with the city to use additional legal parking spaces or parking spaces on city property other than the right-of-way.

3. No mobile sales unit exceeding 24 feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space.

4. No mobile sales unit shall operate with the serving window facing street traffic.

5. A mobile sales unit shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.

6. A mobile sales unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile sales unit shall not occupy a legal parking space for more than six hours in a 24-hour period. “Occupy” within this subsection means within 100 feet of the place in which the mobile sales unit was initially parked.

7. A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the city zoning code and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.

8. A mobile merchant shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event. [Ord. 24-01 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.17; Ord. 14-12 § 1.]