Okla. Stat. tit. 63, § 63-1-1151
This is the official text of Okla. Stat. tit. 63, § 63-1-1151, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Regulation by local authority
Official statutory text
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;
Oklahoma Statutes - Title 63. Public Health and Safety Page 593
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;
Oklahoma Statutes - Title 63. Public Health and Safety Page 594
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
ing 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.
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;
Oklahoma Statutes - Title 63. Public Health and Safety Page 593
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;
Oklahoma Statutes - Title 63. Public Health and Safety Page 594
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
ing 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.
Status: in_force · Read it on the official government site
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