Okla. Stat. tit. 63, § 63-1-1151: Regulation by local authority

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;

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;

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.