§ 11-56-106 — Mobile business operation.

A political subdivision may not:
(1) entirely or constructively prohibit mobile businesses in a zone in which a food establishment is a permitted or conditional use;
(2) prohibit the operation of a food truck within a given distance of a restaurant;
(3) restrict the total number of days a mobile business may operate within the political subdivision during a calendar year;
(4) require a mobile business to:

(4)(a) provide to the political subdivision:
(4)(a)(i) a site plan for each location in which a mobile business operates in the public right of way, if the political subdivision permits mobile businesses in the public right of way; or
(4)(a)(ii) the date, time, or duration that a mobile business will operate within the political subdivision; or
(4)(b) obtain and pay for a land use permit for each location and time during which a mobile business operates; or
(5) if a mobile business has the consent of a private property owner to operate on the private property:

(5)(a) limit the number of days the mobile business may operate on the private property;
(5)(b) require that the mobile business provide to the political subdivision or keep on file in the mobile business the private property owner's written consent; or
(5)(c) require a site plan for the operation of the mobile business on the private property where the mobile business operates in the same location for less than 10 hours per week.

Legislative History

Amended by Chapter 450, 2023 General Session