Food trucks.

2018
STATE OF WYOMING
18LSO-0194
Numbered
1.3

HOUSE BILL

NO.
HB0128

Food trucks.

Sponsored by:
Representative(s) Lindholm, Hunt, Kirkbride, Laursen, Pelkey, Walters and Zwonitzer and Senator(s) Boner and Driskill

A BILL

for

AN ACT relating to public health and safety; providing for the regulation of food trucks and food truck events as specified; requiring reciprocity for licensure as specified; requiring rulemaking to establish fire safety standards for food trucks; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S
. 35
‑
7
‑
2201 through 35
‑
7
‑
2203 are
created to read:

ARTICLE 22
FOOD TRUCK
S

35
‑
7
‑
2201
.

Definitions.

(a)

As used in this article:

(i)

"Event permit" means a permit that a political subdivision issues to the organizer of a public food truck event located on public property;

(ii)

"Food truck" means a fully encased food establishment on a motor vehicle or trailer that is pulled by a motor vehicle from which a food truck vendor, from within the frame of the vehicle or trailer, prepares, cooks, sells or serves food or beverages for immediate human consumption. "Food truck" does not include a pushcart or an ice cream truck;

(iii)

"Food truck event" means an event where a person has ordered or commissioned the operation of a food truck at a private or public gathering;

(iv)

"Food truck operator" means a person who owns a food truck or who manages or controls the operation of a food truck;

(v)

"Food truck vendor" means a person who prepares, sells, cooks or serves food or beverages from a food truck;

(vi)

"Political subdivision" means a city, town or county of the state.

35
‑
7
‑
2202
.

Licensing; reciprocity; controlling authority.

(a)

No person shall operate a food truck without a license issued by a political subdivision in accordance with this article.

(b)

A political subdivision shall issue a license for the operation of a food truck within the corporate boundaries of a city or town or in an unincorporated area within a county to any person who furnishes satisfactory evidence of the following:

(i)

A current license from the department of agriculture or any local health department if required pursuant to W.S. 35
‑
7
‑
124;

(ii)

A sales tax license from the department of revenue if required pursuant to W.S 39
‑
15
‑
106;

(iii)

Compliance with
reasonable
fire safety standards for food trucks
established pursuant to W.S. 35
‑
9
‑
107(a)(ix)
if required by the political subdivision;

(iv)

Compliance with other applicable federal and state laws or regulations governing the operation of a food truck if required by the political subdivision;

(v)

General liability insurance that provides at least one millions dollars ($1,000,000.00) for coverage.

(c)

A political subdivision shall issue a
reciprocal
license
for the operation of a food truck within the corporate boundaries of a city or town or in an unincorporated area within a county to
a food truck operator
who presents a current license from another
political subdivision. The issuing political subdivision shall accept as satisfactory evidence any documentation accepted by the other political subdivision to fulfill the requirements specified under subsection (b) of this section.

A license issued
under
this subsection shall expire on the same date on which the license issued by the other political subdivision expires.

(d)

A
ny
license issued by a political subdivision
to a food truck operator
shall be subject to the following:

(i)

The license shall authorize a food truck operator to operate a food truck within the corporate boundaries of a city or town or in an unincorporated area within a county, including on public rights
‑
of
‑
way, public parking lots and private property with the express permission from the private property owner;

(ii)

The license shall be valid for one (1) year, except as provided in subsection (c) of this section;

(iii)

A political subdivision may subject the license to reasonable time, place and manner restrictions
only as necessary to provide for the public health and safety of any public or private place;

(iv)

The license fee shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates the direct and indirect costs of regulating food truck operation under this article and in no event shall the license fee exceed
one hundred dollars ($100.00);

(v)

As a condition for licensure, no food truck operator or food truck vendor shall be required to submit to or offer proof of a criminal background check;

(vi)

No political subdivision shall prohibit or require consent for the operation of a food truck in any location because of the location's proximity to an existing food establishment or other business.

(e)

Nothing in this section shall prohibit a political subdivision from:

(i)

Enforcing the zoning or other ordinances of the political subdivision in relation to the operation of a food truck to the extent those regulations do not violate this article;

(ii)

Conducting routine safety inspections;

(iii)

Regulating the temporary operation of a food truck at an event or parade;

(iv)

Revoking or suspending a license that the political subdivision has issued to a food truck operator if the operation of the food truck within the corporate boundaries of a city or town or in an unincorporated area within a county violates the terms of the license.

(f)

Notwithstanding any other provision of law, the operation of a food truck in this state is governed exclusively by this article and any laws consistent with this article. Except as provided by this article, no political subdivision shall charge a fee or require a license for the operation of a food truck or otherwise subject a food truck operator or a food truck vendor to
other requirements that are inconsistent with, are more restrictive than or exceed the requirements of this article.

35
‑
7
‑
220
3
.

Food truck events; applicability.

(a)

A food truck operator shall not be required to obtain from a political subdivision an event permit to operate a food truck at a food truck event that takes place on private property within the corporate boundaries of a city or town or in an unincorporated area within a county, regardless of whether the event is open or closed to the public, except as provided in subsection (d) of this section.

(b)

A food truck operator that has obtained a license from a political subdivision shall not be required to obtain an additional license from another political subdivision to operate a food truck at a food truck event that takes place on private property within the corporate boundaries of a city or town or in an unincorporated area within a county and which is not open to the public.

(c)

If a political subdivision requires an event permit for a food truck event that takes place on public property within the corporate boundaries of a city or town or in an unincorporated area within a county, the organizer of the food truck event may obtain the event permit on behalf of the food trucks that service the event.

(d)

Nothing in this section shall prohibit a political subdivision, the department of agriculture or a local health department from requiring an event permit or other license for a temporary assembly of five thousand (5,000) or more people that continues, or reasonably can be expected to continue, for four (4) or more hours per day or for an event in which the nature or conditions of the event have the potential of generating environmental or health risks. This subsection does not apply to an assembly of people at a location with permanent facilities designed for that specific assembly.

Section 2
.

W.S. 35
‑
9
‑
107
(a
) by creating a new paragraph (ix
) and 35
‑
9
‑
121(a) by creating a new paragraph (vi) are amended to read:

35
‑
9
‑
107
.

Duties and powers of state fire marshal.

(a)

The state fire marshal shall:

(ix)

Adopt regulations to establish reasonable fire safety standards for food trucks as defined in W.S. 35
‑
7
‑
2201(a)(ii).

35
‑
9
‑
121
.

Local enforcement.

(a)

The state fire marshal shall delegate complete authority to municipalities and counties which apply to enforce and interpret local or state fire, building, existing building standards or electrical safety standards which meet the requirements of this section. The state fire marshal shall notify the governing body of the municipality or county of the minimum standards and requirements of this act and W.S. 16
‑
6
‑
501 and 16
‑
6
‑
502 and transfer jurisdiction and authority by letter. Except as provided in W.S. 35
‑
9
‑
119(a)(i) and subsection (b) of this section, nothing in this section affects the authority of the state fire marshal or chief electrical inspector regarding state owned or leased buildings. Local
enforcement authority under this subsection shall be subject to the following requirements and certification of inspectors:

(vi)

A municipality or county that has been granted local enforcement authority under this subsection shall not adopt or enforce any fire safety standards for food trucks that exceed the standards established by the council under W.S. 35
‑
9
‑
106(a)(v).

Section 3
.

The state fire marshal shall adopt regulations to establish reasonable fire safety standards for food trucks as required by this act on or before July 1, 2018.

Section
4
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2018
.

(b)

Section 3 of this act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0128