An Act to ease regulations related to mobile food service establishments.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

34-18-10.5. Statewide license--Mobile food service establishment.

A mobile food service establishment license issued under § 34-18-10 shall be recognized as a license to so operate statewide, but a municipality may require a mobile food service establishment to obtain a permit from the municipality to operate in a public park within its jurisdiction. A municipality may not limit the number of permits it issues under this section. A municipality may not condition the issuance of a permit to a mobile food service establishment upon, or otherwise subject a mobile food service establishment to, any of the following ordinances, resolutions, or requirements:

(1) To operate a specific distance from the perimeter of an existing commercial establishment, including a restaurant;

(2) To obtain a license or permit for any of its employees;

(3) To enter into an agreement with a commercial establishment, including a restaurant;

(4) Limitations on its hours of operation;

(6) A background check;

(7) Installation of a global positioning tracking device on its vehicle;

(8) To stay in motion except for when serving customers;

(9) To maintain insurance that names the municipality as an additional insured unless the service establishment is attending an event sponsored by the municipality; and

(10) Unless the department is investigating a reported foodborne illness, to submit to an inspection beyond a health inspection conducted by the department or by the municipality under a collaborative agreement.

A mobile food service establishment shall otherwise follow all applicable laws, ordinances, resolutions, or requirements in the jurisdiction where it operates.