1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 185 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to public health and safety; creating
7 the Mobile Food Vendor Act; defining terms; requiring
8 persons who operate as mobile food vendors to obtain
8 a license; prohibiting political subdivisions from
9 restricting certain vendors; requiring the State
9 Department of Health to prepare and make available a
10 license application; authorizing the Department to
10 require certain information; authorizing the
11 Department to require certain information by
11 individuals under oath; requiring applicants to abide
12 by requests for information; providing conditions for
12 denial of license; requiring the Department or a
13 political subdivision to conduct an inspection;
13 stating purpose of inspection; authorizing the
14 Department to establish a fee; requiring the
14 Department to issue a license under certain
15 conditions; prohibiting transfer of license;
15 providing exception to invalidation of license;
16 providing for renewal of license; requiring the
16 Department to submit notice of expiration; making it
17 a crime to knowingly provide false information;
17 requiring the Department to create and make available
18 a guide; requiring mobile food vendors to follow all
18 laws not in conflict with this act; providing
19 locations to operate mobile food trucks; requiring
19 certain operational standards; requiring display of
20 license and certification; authorizing the State
20 Commissioner of Health to promulgate rules that
21 adhere to certain restrictions; requiring mobile food
21 vendors to follow laws and regulations regarding food
22 handling and safety; requiring possession of a state-
22 recognized food safety certification; requiring the
23 Department to classify mobile food vendors; requiring
23 inspections at a frequency based on classifications;
24 requiring the Department to establish and maintain a
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 1 database; authorizing the Department to collaborate
1 with political subdivisions for inspections;
2 requiring inspection certificates based on a letter
2 grade format; requiring notification of inspection;
3 authorizing mobile food vendors to request the
3 Department to obtain an administrative warrant;
4 requiring the Department to calculate average
4 inspection costs; stating limit on fees for
5 inspection; authorizing reimbursement of inspection
5 fees under certain circumstances; authorizing
6 political subdivisions to regulate certain aspects of
6 operations; prohibiting political subdivisions from
7 regulating certain aspects of operations; authorizing
7 the Department and political subdivisions to
8 investigate under certain circumstances; providing
8 for license denial, revocation and suspension;
9 providing for penalties; authorizing persons to
9 request an administrative hearing; providing
10 statutory reference; requiring the Department to
10 provide decision at the conclusion of hearing;
11 prohibiting certain persons from operating as mobile
11 food vendors; authorizing persons to appeal hearing
12 decision; providing preemption of political
12 subdivisions; stating the act shall not be construed
13 to compel political subdivisions to take certain
13 actions; amending 63 O.S. 2021, Section 1-1118, which
14 relates to food establishment licenses; adding
14 exemption; providing for codification; and providing
15 an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 1-1150 of Title 63, unless there
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21 is created a duplication in numbering, reads as follows:
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22 This act shall be known and may be cited as the “Mobile Food
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23 Vendor Act”.
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1-1151 of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 As used in the Mobile Food Vendor Act:
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5 1. “Customer” means any person with whom a mobile food vendor
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6 conducts his or her mobile vending business, or any person who stops
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7 to contemplate conducting such business with a mobile food vendor;
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8 2. “Department” means the State Department of Health;
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9 3. “Food vending vehicle” means any motorized, two-axle vehicle
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10 used to sell food and beverages by a mobile food vendor;
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11 4. “Local authority” means any local government including any
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12 town, city, charter city, political subdivision or county;
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13 5. “Mobile food vendor” means any person who dispenses food or
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14 beverages from a food vending vehicle for immediate service or
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15 consumption;
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16 6. “Person” means any individual, group of individuals, firm,
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17 partnership, company, corporation, trustee, association or any
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18 public or private entity and includes the entity’s employees or
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19 agents;
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20 7. “Prepackaged food” means any commercially labeled and
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21 processed food prepackaged to prevent direct human contact with the
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22 food product upon distribution from the manufacturer, a food
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23 facility or other approved source;
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 1 8. “Public property” means any property owned and operated by
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2 this state or a local authority for the benefit of the public and
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3 includes all rights-of-way contained wholly within any state or
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4 local authority parks; and
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5 9. “Sell” means to transfer or exchange for value, to expose,
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6 display or offer for sale or exchange, or to procure, store, keep or
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7 have on hand or in one’s possession or control for the purpose of
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8 selling.
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9 SECTION 3. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 1-1152 of Title 63, unless there
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11 is created a duplication in numbering, reads as follows:
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12 A. No person may operate as a mobile food vendor in this state
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13 without obtaining a mobile food vending license from the State
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14 Department of Health. A separate mobile food license shall be
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15 required for every food vending vehicle used by a mobile food
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16 vendor.
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17 B. No local authority may prohibit a mobile food vendor from
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18 lawfully operating in its jurisdiction if the vendor holds a mobile
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19 food vending license and is in compliance with all other state laws
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20 and local laws not in conflict with this act.
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21 SECTION 4. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 1-1153 of Title 63, unless there
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23 is created a duplication in numbering, reads as follows:
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 1 A. The State Department of Health shall prepare a written
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2 application for a statewide mobile food vending license. The
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3 Department shall make the mobile food vending license application
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4 available to applicants in person and on the Department’s website.
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5 B. The Department shall require an applicant to provide the
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6 following information, under oath, before issuing a license:
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7 1. The name, permanent address and telephone number of the
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8 applicant;
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9 2. The name, address and telephone number of any associated
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10 entities or organizations that the applicant is representing and
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11 copies of documents verifying that relationship;
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12 3. A listing of all primary residences for the last five (5)
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13 years;
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14 4. A statement of whether any employees or agents will operate
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15 with the applicant under the license and whether the employees or
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16 agents hold a current food safety certification;
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17 5. The nature of the food or beverages to be offered by the
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18 applicant; and
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19 6. A statement of whether the applicant has previously been
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20 denied a license to operate as a mobile food vendor or if the
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21 applicant has had a previous mobile food vending license suspended
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22 or revoked in any state or local jurisdiction and, if so, the
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23 reasons or the circumstances surrounding the denial, suspension or
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24 revocation.
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 1 C. In addition to the written application, the Department shall
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2 require an applicant who will operate from a food vending vehicle to
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3 provide the following:
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4 1. A listing of all vehicle license numbers, vehicle
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5 descriptions, vehicle identification numbers and vehicle
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6 registration papers;
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7 2. Proof of automobile insurance for the vehicle or vehicles
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8 from which the applicant proposes to conduct business; and
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9 3. A copy or proof of any additional licenses or permits
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10 required by this state for certain commercial vehicles.
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11 D. Any person who drives a food vending vehicle shall hold a
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12 current driver license to drive the food vending vehicle.
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13 E. The applicant shall complete the application form and abide
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14 by any request for information required by this act made by the
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15 Department. The applicant may submit one application for all
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16 vehicles which require a license. Failure to submit a complete
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17 application form and provide all requested information may result in
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18 denial of a license.
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19 F. Within thirty (30) days of receiving a complete application,
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20 the Department, or a local authority acting under a collaborative
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21 agreement pursuant to Section 6 of this act, shall conduct a health
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22 inspection, if required by the Department, prior to issuing a mobile
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23 food vending license. The purpose of the inspection is to ensure
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24 the applicant’s vehicle is safe for preparing, handling and selling
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 1 food to customers and the applicant is compliant with applicable
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2 regulations.
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3 G. The Department may establish a reasonable schedule of fees
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4 not to exceed Two Hundred Dollars ($200.00) for a mobile food
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5 vending license or for renewal of a mobile food vending license.
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6 The Department may also establish an inspection fee that covers the
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7 average cost of conducting health inspections for the vendor and
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8 charge that fee in conjunction with a mobile food vending license
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9 fee or the renewal fee of a mobile food vending license.
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10 H. Upon a receipt of a complete application and an applicant
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11 passing initial inspection if required by the Department, the
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12 Department shall issue a mobile vending license to the applicant.
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13 Licenses shall be valid for one (1) year.
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14 I. Licenses are not transferable, nor shall a license authorize
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15 the activities of any person other than the person to whom it is
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16 issued, except that the sale of the specific vehicle identified in a
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17 license application, when replaced by another vending vehicle on a
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18 one-for-one basis, will not invalidate the original license nor
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19 cause a new license to be required. When replacing a vending
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20 vehicle on a one-for-one basis, the licensee shall notify the
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21 Department of the information required by subsection C of this
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22 section. If the Department determines an inspection of the new
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23 vehicle is required, the inspection shall take place as soon as
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 1 practicable but no later than fourteen (14) calendar days from
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2 receipt of the information required by subsection C of this section.
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3 J. If a mobile food vendor transfers its mobile food vending
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4 business assets, the recipient of the assets shall, before operating
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5 in the state, apply for and obtain a new mobile food vending
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6 license.
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7 K. Licenses shall be renewed on an annual basis. The
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8 Department shall send notice to the licensee. It is the
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9 responsibility of the licensee to submit the renewal application
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10 annually, at least fourteen (14) days prior to the license’s
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11 expiration date. While an application for renewal is pending with
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12 the Department, a licensee may continue mobile food vending
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13 operations.
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14 L. It shall be a misdemeanor for any individual to
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15 intentionally provide false information or to intentionally omit
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16 requested information on an application for any license issued
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17 pursuant to this act.
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18 M. The Department shall prepare a guide for applicants for a
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19 mobile food vending license. The guide shall include instructions
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20 for applying for, obtaining and maintaining a mobile food vending
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21 license and shall describe the standards used to inspect food
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22 vending vehicles. The guide shall be made available for applicants
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23 in person at the Department’s office and on the Department’s
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24 website.
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 1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1-1154 of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. Mobile food vendors shall follow all state and local laws
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5 and regulations governing operations in the jurisdiction where the
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6 vendor is operating including without limitation all fire codes,
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7 zoning codes, occupational tax codes and any other applicable state
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8 and local authority codes and laws not in conflict with the
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9 provisions of this act.
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10 B. A mobile food vendor may operate in the following locations:
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11 1. On public property, except as provided in paragraph 3 of
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12 subsection A of Section 7 of this act, so long as the vending
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13 vehicle is not parked within twenty (20) feet of an intersection. A
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14 mobile vendor may operate from legal parking spaces on the public
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15 right-of-way including metered spaces upon payment of appropriate
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16 fees. When operating on public property, a mobile vendor is subject
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17 to the same parking rules, restrictions and obligations that a
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18 commercial vehicle would be subject to if not used by a mobile food
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19 vendor; and
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20 2. On private property under the following circumstances:
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21 a. the property is located in an industrial, commercial
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22 or institutional zoning district, and the vendor has
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23 permission of the property owner or designee or a
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24 lessor, and
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 1 b. the property is located in a residential zoning
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2 district, and the mobile food vendor has been invited
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3 by a resident or group of residents in that district
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4 to operate on their property for the purpose of
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5 serving food to that resident, group of residents or
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6 their guests.
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7 C. A mobile food vendor shall not operate in any manner which
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8 will interfere with or obstruct the free passage of pedestrians or
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9 vehicles along any street, sidewalk or parkway.
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10 D. When operating, a mobile food vendor shall:
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11 1. Maintain a food vending vehicle in good operating order and
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12 visual appearance including the removal of any graffiti that is not
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13 part of the overall design or art featured on the vehicle;
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14 2. Park so that its service window faces the sidewalk or away
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