This text of Oklahoma § 63-1-1151 (Regulation by local authority.) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
A.The local authority may regulate mobile food vendors in accordance with this section. In relation to a mobile food vendor's operations, a local authority may: 1. Restrict the operation of a noisemaking device that exceeds seventy-five (75) decibels measured at twenty-three (23) feet from the food vending vehicle during certain hours of the day; 2. Restrict a mobile food vendor from operating in a public park or require a special permit and payment of fees to operate in a public park; 3. Prohibit a mobile food vendor from blocking or restricting ingress to or egress from private property; 4. Develop a mobile food vendor metered parking pass for a fee that permits a mobile food vendor to operate from metered parking spaces for longer than the vendor would otherwise be permitted; 5. Invest
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A. The local authority may regulate mobile food vendors in accordance with this section. In relation to a mobile food vendor's operations, a local authority may: 1. Restrict the operation of a noisemaking device that exceeds seventy-five (75) decibels measured at twenty-three (23) feet from the food vending vehicle during certain hours of the day; 2. Restrict a mobile food vendor from operating in a public park or require a special permit and payment of fees to operate in a public park; 3. Prohibit a mobile food vendor from blocking or restricting ingress to or egress from private property; 4. Develop a mobile food vendor metered parking pass for a fee that permits a mobile food vendor to operate from metered parking spaces for longer than the vendor would otherwise be permitted; 5. Investigate reports of foodborne illnesses; 6. Report a mobile food vendor's suspected violation of this act to the State Department of Health; 7. Issue citations and penalties to mobile food vendors for violations of state and local law not inconsistent with this act; and 8. Adopt and enforce other regulations in conformity to municipal powers that are not inconsistent with this act. Any regulation regarding mobile food vendors must address public health or safety risks. B. In relation to a mobile food vendor's operations, a local authority may not: 1. Prohibit a mobile food vendor from lawfully operating in its jurisdiction if the vendor holds a food establishment license required under Section 1-1118 of Title 63 of the Oklahoma Statutes and is in compliance with this act and all other state and local laws not in conflict with this act; 2. Require a mobile food vendor to obtain any license or permit from the local authority to operate a food vending vehicle unless: a. the local authority is issuing a local license in recognition of a state license under subsection B of Section 2 of this act, b. the mobile food vendor seeks to operate at an event which has been permitted by the local authority, or c. the mobile food vendor seeks a food establishment license from a local authority required by Section 1- 1118 of Title 63 of the Oklahoma Statutes; 3. Require a mobile food vendor that is operating on private property with the permission of the owner to operate a specific distance from commercial food or retail establishments; 4. Require a mobile food vendor to enter into any agreement with commercial food or retail establishments; 5. Require a mobile food vendor to be fingerprinted or to install a Global Positioning System (GPS) tracking device on the vendor's vehicle; 6. Require a mobile food vendor to stay in constant motion except for when serving customers; 7. Require a mobile food vendor to maintain an insurance policy that names the local authority as an additional insured unless the vendor is operating at an event sponsored by the local authority or operating in a local, public park; 8. Require a mobile food vendor to maintain a bond that names a local authority as a beneficiary unless the vendor is operating at an event sponsored by the local authority or operating in a local, public park; 9. Require a mobile food vendor to submit to health inspections beyond health inspections conducted by or in collaboration with the Department, unless the local authority is investigating a reported foodborne illness or addressing a complaint of an imminent health or safety hazard to the public; 10. Require a health inspection of a food vending vehicle more than twice per year unless the local authority, in collaboration with the Department under this act, is ensuring a mobile food vendor has corrected a violation detected during a prior inspection, is investigating a reported foodborne illness, or is conducting a nonobstructive spot inspection to ensure food safety; 11. Charge a mobile food vendor fees for additional health inspections; 12. Charge a mobile food vendor fees for any local license or permit allowed under Section 3 of this act beyond the administrative cost of issuing the local license or permit; 13. Require a mobile food vendor to submit to a state fire inspection if the vendor can demonstrate it passed a state fire inspection in the previous twelve (12) months; 14. Require a mobile food vendor to enter into any agreement with a commercial establishment or restaurant; 15. Regulate the equipment requirements for a food vending vehicle; or 16. Require a mobile food vendor to associate with a commissary if the vendor has all the equipment necessary to comply with state regulations pertaining to food vending vehicles.