MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency; Finance
By: Senator(s) Hill
AN ACT TO PROVIDE FOR THE REGULATION OF MOBILE FOOD VENDORS BY MUNICIPALITIES AND COUNTIES; TO PROVIDE HEALTH AND SAFETY LICENSING STANDARDS FOR MOBILE FOOD VENDORS; TO PROVIDE THAT A STATE AGENCY MAY NOT REQUIRE A MOBILE FOOD VENDOR TO MAINTAIN AN INSURANCE POLICY THAT NAMES THIS STATE AS AN ADDITIONAL INSURED UNLESS THE MOBILE FOOD VENDOR IS ATTENDING AN EVENT SPONSORED BY THIS STATE; TO AUTHORIZE A MUNICIPALITY OR OTHER TAXING JURISDICTION TO LEVY A PRIVILEGE TAX OR FEE ON A PERSON ENGAGING IN BUSINESS AS A MOBILE FOOD VENDOR UNDER CERTAIN CONDITIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In relation to a mobile food vendor, a municipality by ordinance may:
(a) Impose operating hours only if they are the same as the operating hours imposed on restaurants in that municipality.
(b) Restrict the operation of noisemaking devices during specific times of day.
(c) Restrict or prohibit the operation of a mobile food vendor in an area that is zoned as residential only.
(d) Prohibit a mobile food vendor that is operating on private property from blocking ingress to and egress from that property.
(e) Prohibit a mobile food vendor from blocking or inhibiting the use of a public sidewalk by pedestrians.
(2) In relation to a mobile food vendor, a municipality may not:
(a) Restrict how long a mobile food vendor may operate at a private property location.
(b) Require a mobile food vendor, property owner or lessee of a property to apply for and receive any special permit or permission from the municipality before the mobile food vendor begins operation.
(c) Prohibit or restrict a mobile food vendor from operating on public property.
(d) Require a mobile food vendor to operate a specific distance from the perimeter of an existing commercial establishment or restaurant.
(e) Prohibit or restrict a mobile food vendor from using any legal parking space, including metered parking, to the same extent as any other commercial vehicle.
(f) Require a mobile food vendor to be fingerprinted.
(3) A municipality business license application shall be available online. A municipality may not require a mobile food vendor to apply in person.
(4) A municipality may not require a mobile food vendor to maintain an insurance policy that names the municipality as an additional insured unless the mobile food vendor is attending an event sponsored by that municipality.
(5) As used in this section, "mobile food vendor" means a food establishment that is readily movable and that dispenses food or beverages for immediate service and consumption from any vehicle.
SECTION 2. (1) In relation to a mobile food vendor, a county board of supervisors by ordinance may:
(a) Impose operating hours only if they are the same as the operating hours imposed on restaurants in that county.
(b) Restrict the operation of noisemaking devices during specific times of day.
(c) Restrict or prohibit the operation of a mobile food vendor in an area that is zoned as residential only.
(d) Prohibit a mobile food vendor that is operating on private property from blocking ingress to and egress from that property.
(e) Prohibit a mobile food vendor from blocking or inhibiting the use of a public sidewalk by pedestrians.
(2) In relation to a mobile food vendor, a county board of supervisors may not:
(a) Restrict how long a mobile food vendor may operate at a private property location.
(b) Require a mobile food vendor, property owner or lessee of a property to apply for and receive any special permit or permission from the county before the mobile food vendor begins operation.
(c) Prohibit or restrict a mobile food vendor from operating on public property.
(d) Require a mobile food vendor to operate a specific distance from the perimeter of an existing commercial establishment or restaurant.
(e) Prohibit or restrict a mobile food vendor from using any legal parking space, including metered parking, to the same extent as any other commercial vehicle.
(f) Require a mobile food vendor to maintain an insurance policy that names the county as an additional insured unless the mobile food vendor is attending an event sponsored by that county.
(g) Require a mobile food vendor to be fingerprinted.
(3) A county business license application shall be available online. The county may not require a mobile food vendor to apply in person.
(4) For the purposes of this section, "mobile food vendor" means a food establishment that is readily movable and that dispenses food or beverages for immediate service and consumption from any vehicle.
SECTION 3. (1) In this section, unless the context otherwise requires:
(a) "Department" means the Mississippi Department of Health.
(b) "Director" means the State Health Officer of the State of Mississippi.
(c) "Mobile food vendor" means a food establishment that is readily movable and that dispenses food or beverages for immediate service and consumption from any vehicle.
(2) The department shall adopt rules that do all of the following:
(a) Establish health and safety licensing standards for mobile food vendors that apply on a statewide basis. The licensing standards shall:
(i) Include three (3) categories of mobile food vendors that are based on the type of food dispensed and the amount of handling and preparation required.
(ii) Require fire extinguishers for mobile food vendors that sell or distribute time and temperature control for safety food or beverages.
(iii) Include general physical and operation requirements of a mobile food vendor, including:
1. Installation of compressors, generators and similar mechanical units that are not an integral part of the food preparation or storage equipment.
2. Necessary commissary or other servicing area agreements.
3. Vehicle and equipment cleaning.
4. Waste disposal during and after operation on public or private property, which may not include the
size or dimensions of any required waste receptacle.
(b) Establish statewide inspection standards that are based on objective factors for use by the county
health departments.
(c) Establish a licensing process for mobile food vendors that does all of the following:
(i) Requires a separate license for each mobile food vendor.
(ii) Requires a license to be renewed annually.
(iii) Delegates to the county health department in the county where the mobile food vendor owner's commissary is located the licensing and health and safety inspection for state licensure using the statewide inspection standards adopted pursuant to this section. The licensing process shall require random inspections by county health departments at no additional cost. A mobile food vendor license issued by a county health
department pursuant to this section shall have reciprocity in each county of this state. A county health department may enforce the statewide inspection standards regardless of where the license was issued.
(iv) Requires all employees of a mobile food vendor to have a valid food handler card or a certificate from an accredited food handler training class as specified in rule by the department.
(v) Requires that the license be displayed in the mobile food vendor's operating location in a conspicuous location for public view.
(d) Require a mobile food vendor to receive consent from a private property owner or lessee or that property owner's or lessee's agent before beginning operation on that property.
(e) Prohibit a mobile food vendor from operating in a manner that requires or allows potential customers to enter the street in order to engage in business with the mobile food vendor or to enter the vehicle.
(3) The rules adopted pursuant to this section may not do either of the following:
(a) Require a mobile food vendor to operate a specific distance from the perimeter of an existing commercial establishment or restaurant.
(b) Address the operating hours of a mobile food vendor.
SECTION 4. (1) The State of Mississippi, or any department or agency of this state, may not require a mobile food vendor to maintain an insurance policy that names this state as an additional insured unless the mobile food vendor is attending an event sponsored by this state.
(2) For the purposes of this section, "mobile food vendor" means a food establishment that is readily movable and that dispenses food or beverages for immediate service and consumption from any vehicle.
SECTION 5. (1) A municipality, or other taxing jurisdiction may levy a transaction privilege, sales, use, franchise or other similar tax or fee on a person engaging in business as a mobile food vendor if the adopted tax:
(a) Applies only with respect to transactions that occur within the jurisdictional boundaries of the municipality or taxing jurisdiction.
(b) Is administered in a manner that is consistent with the treatment of restaurants or similar establishments where food or beverages are prepared and served for consumption on or off the premises.
(c) Is administered, collected and enforced by the Department of Revenue and remitted to the municipality or other taxing jurisdiction in a uniform manner.
(2) The taxpayer shall maintain records that show separately the taxable receipts from transactions in the respective municipality or other taxing jurisdictions in which the taxpayer conducts business. If the taxpayer fails to comply with this subsection (2), the Department of Revenue shall collect the tax based on the taxpayer's total receipts, applying the highest tax rate levied by any municipality or other taxing jurisdiction.
(3) For purposes of this section, "mobile food vendor" means a food establishment that is readily movable and that dispenses food or beverages for immediate service and consumption from any vehicle.
SECTION 6. This act shall take effect and be in force from and after July 1, 2019.