A Bill for an Act
Page 1, Line 101Concerning the operation of food trucks, and, in connection
Page 1, Line 102therewith, establishing a definition of "mobile retail
Page 1, Line 103food establishment" and establishing reciprocity for
Page 1, Line 104certain licenses and permits between local
Page 1, Line 105government jurisdictions to allow a mobile retail
Page 1, Line 106food establishment to operate in multiple
Page 1, Line 107jurisdictions.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill creates a reciprocal licensing and permitting system for the operation of food trucks within the jurisdictions of local governments in the state. The bill requires a local government to grant the owner or operator of a food truck a reciprocal business license, reciprocal health department permit, and reciprocal fire safety permit (reciprocal license and reciprocal permits), which reciprocal license and reciprocal permits allow the owner or operator of a food truck to operate within the local government's jurisdiction, if the owner or operator of a food truck:
- Has an active business license from another local government;
- Has an active health department permit from another local government;
- Has an active fire safety permit from another local government; and
- Pays applicable application and licensing and permitting fees.
- Prohibits the operation of a food truck in a zone in which a food establishment is considered a permitted or conditional use;
- Restricts the total number of days a food truck may be operated within the local government's jurisdiction during a calendar year; or
- Prohibits the operation of a food truck within a certain distance of another food establishment, unless the specified distance is less than 50 feet.
A local government must review an application for the reciprocal license and reciprocal permits within 14 calendar days after receiving the application and decide whether to approve or deny the application. The local government may deny the application under certain circumstances. The local government may collect an application fee and charge reduced licensing and permitting fees for granting the reciprocal license and reciprocal permits.
The bill prohibits the governing body of a local government from adopting an ordinance, resolution, regulation, zoning code, or other code that:
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, recreate and reenact, with amendments, article 11.6 of title 29 as follows:
Page 2, Line 329-11.6-101. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 1(a) Mobile retail food establishments are a growing part of the state's economy;
Page 3, Line 2(b) Mobile retail food establishments are inherently
Page 3, Line 3mobile and are intended to operate in various locations across the state; and
Page 3, Line 4(c) Laws imposed and administered at the local level
Page 3, Line 5requiring mobile retail food establishments to obtain separate
Page 3, Line 6permits or licenses to operate within a local government's jurisdiction impose inordinate burdens on those establishments.
Page 3, Line 729-11.6-102. Definitions.As used in this article 11.6, unless the context otherwise requires:
Page 3, Line 8(1) "Denver food safety license" means the food safety
Page 3, Line 9license granted by the city and county of Denver that
Page 3, Line 10authorizes a mobile retail food establishment to operate within the city and county of Denver.
Page 3, Line 11(2) "Fire safety permit" means a permit or document issued
Page 3, Line 12by a local government that certifies that a mobile retail food
Page 3, Line 13establishment meets the local government's fire safety
Page 3, Line 14standards and authorizes an individual to operate the mobile retail food establishment.
Page 3, Line 15(3) "International fire code" means the international fire
Page 3, Line 16code published by the International Code Council, or a successor organization.
Page 3, Line 17(4) "Local government" means an authority, a county, a
Page 3, Line 18municipality, a city and county, a district, or another political
Page 3, Line 19subdivision of the state or any department, agency, institution,
Page 4, Line 1or authority of a county, a municipality, a city and county, a district, or another political subdivision of the state.
Page 4, Line 2(5) "Mobile retail food establishment" means a retail food establishment that:
Page 4, Line 3(a) Is operated from a movable, motor-driven, or propelled vehicle, portable structure, or watercraft;
Page 4, Line 4(b) Can change location; and
Page 4, Line 5(c) Is intended to physically report to and operate from a commissary for servicing, restocking, and maintenance.
Page 4, Line 6(6) "Retail food establishment" has the meaning set forth in section 25-4-1602 (14).
Page 4, Line 7(7) "State health department license" means the license
Page 4, Line 8granted by the department of public health and environment pursuant to section 25-4-1606.
Page 4, Line 929-11.6-103. Mobile retail food establishment operations - fire
Page 4, Line 10safety permit - reciprocity between local government jurisdictions.
Page 4, Line 11(1) A valid fire safety permit that has been issued to a mobile
Page 4, Line 12retail food establishment is valid in the jurisdiction of any
Page 4, Line 13other local government in this state if the fire safety permit was issued:
Page 4, Line 14(a) By a local government that has adopted the most
Page 4, Line 15recent international fire code or a fire code that has
Page 4, Line 16incorporated the minimum codes and standards for mobile retail
Page 4, Line 17food establishments as adopted by the division of fire prevention and control pursuant to section 24-33.5-1203 (1)(z); and
Page 4, Line 18(b) After an inspection by a certified fire inspector, as
Page 4, Line 19defined in section 24-33.5-1202 (2.5).
Page 5, Line 1(2) (a) The owner or operator of a mobile retail food
Page 5, Line 2establishment shall provide, through reasonable electronic
Page 5, Line 3means, a copy of the fire safety permit issued in accordance with
Page 5, Line 4subsection (1) of this section to the local government in which
Page 5, Line 5the owner or operator intends to operate the mobile retail food
Page 5, Line 6establishment at least fourteen calendar days before operating within the local government's jurisdiction.
Page 5, Line 7(b) The owner or operator of a mobile retail food
Page 5, Line 8establishment must provide only one copy of the fire safety
Page 5, Line 9permit issued in accordance with subsection (1) of this section to
Page 5, Line 10the local government per calendar year, unless the fire safety
Page 5, Line 11permit has expired in the time since the owner or operator previously submitted the permit to the local government.
Page 5, Line 12(c) A local government may designate the office or
Page 5, Line 13department of the local government to which the owner or
Page 5, Line 14operator of a mobile retail food establishment shall submit the
Page 5, Line 15copy of the fire safety permit in accordance with this subsection
Page 5, Line 16(2). If the local government does not designate an office or
Page 5, Line 17department, the owner or operator of the mobile retail food
Page 5, Line 18establishment shall submit the copy of the fire safety permit to a relevant office or department.
Page 5, Line 19(3) (a) A mobile retail food establishment that is
Page 5, Line 20operating in a local government's jurisdiction must be in
Page 5, Line 21compliance with the local government's fire safety code during
Page 5, Line 22operation in that jurisdiction and is subject to inspection and enforcement by the local government.
Page 5, Line 23(b) A mobile retail food establishment that fails a fire
Page 6, Line 1safety inspection by a local government or that is found in
Page 6, Line 2violation of the local government's fire safety code is
Page 6, Line 3considered to no longer have a valid fire safety permit in that
Page 6, Line 4jurisdiction pursuant to subsection (1) of this section and is not
Page 6, Line 5permitted to operate within that local government's
Page 6, Line 6jurisdiction until the mobile retail food establishment passes a
Page 6, Line 7fire safety inspection from a certified fire inspector, as defined
Page 6, Line 8in section 24-33.5-1202 (2.5), and complies with the local government's fire safety code.
Page 6, Line 929-11.6-104. Mobile retail food establishment operations - food
Page 6, Line 10safety license - state health department license - Denver food safety
Page 6, Line 11license - reciprocity between local government jurisdictions.
Page 6, Line 12(1) Denver food safety license. (a) The city and county of Denver
Page 6, Line 13shall permit the owner or operator of a mobile retail food
Page 6, Line 14establishment that has an active and valid state health
Page 6, Line 15department license to operate the mobile retail food
Page 6, Line 16establishment within the jurisdiction of the city and county of Denver.
Page 6, Line 17(b) (I) The owner or operator of a mobile retail food
Page 6, Line 18establishment shall provide, through reasonable electronic
Page 6, Line 19means, a copy of the active and valid state health department
Page 6, Line 20license to the city and county of Denver at least fourteen
Page 6, Line 21calendar days before operating within the jurisdiction of the city and county of Denver.
Page 6, Line 22(II) The owner or operator of a mobile retail food
Page 6, Line 23establishment must provide only one copy of the state health
Page 6, Line 24department license to the city and county of Denver per
Page 7, Line 1calendar year, unless the state health department license has
Page 7, Line 2expired in the time since the owner or operator previously submitted the license to the city and county of Denver.
Page 7, Line 3(III) The city and county of Denver may designate the
Page 7, Line 4office or department to which the owner or operator of a mobile
Page 7, Line 5retail food establishment shall submit the copy of the state
Page 7, Line 6health department license in accordance with this subsection
Page 7, Line 7(1)(b). If the city and county of Denver does not designate an
Page 7, Line 8office or department, the owner or operator of the mobile retail
Page 7, Line 9food establishment shall submit the copy of the state health department license to a relevant office or department.
Page 7, Line 10(c) (I) A mobile retail food establishment that is operating
Page 7, Line 11within the jurisdiction of the city and county of Denver must be
Page 7, Line 12in compliance with all ordinances, resolutions, regulations,
Page 7, Line 13zoning codes, health codes, or other codes of the city and
Page 7, Line 14county of Denver during operation within the city and county
Page 7, Line 15of Denver and is subject to inspection and enforcement by the city and county of Denver.
Page 7, Line 16(II) If the city and county of Denver finds that a mobile
Page 7, Line 17retail food establishment with a state health department
Page 7, Line 18license and that is operating within its jurisdiction pursuant to
Page 7, Line 19section (1)(a) of this section is in violation of any ordinance,
Page 7, Line 20resolution, regulation, zoning code, health code, or other code
Page 7, Line 21of the city and county of Denver, the city and county of Denver
Page 7, Line 22may prohibit the mobile retail food establishment from
Page 7, Line 23operating within the city and county of Denver until the mobile
Page 7, Line 24retail food establishment passes a health inspection by the city
Page 8, Line 1and county of Denver or is found to be in compliance with the laws of the city and county of Denver.
Page 8, Line 2(2) State health department license. (a) The owner or
Page 8, Line 3operator of a mobile retail food establishment that has a valid
Page 8, Line 4and active Denver food safety license is considered to have a
Page 8, Line 5valid state health department license and is permitted to
Page 8, Line 6operate the mobile retail food establishment within the jurisdiction of another local government.
Page 8, Line 7(b) (I) The owner or operator of a mobile retail food
Page 8, Line 8establishment shall provide, through reasonable electronic
Page 8, Line 9means, a copy of the active and valid Denver food safety license
Page 8, Line 10to the local government in which the owner or operator intends
Page 8, Line 11to operate the mobile retail food establishment and to the
Page 8, Line 12department of public health and environment, created in section
Page 8, Line 1325-1-102, at least fourteen calendar days before operating within the local government's jurisdiction.
Page 8, Line 14(II) The owner or operator of a mobile retail food
Page 8, Line 15establishment must provide only one copy of the Denver food
Page 8, Line 16safety license to the local government per calendar year,
Page 8, Line 17unless the Denver food safety license has expired in the time
Page 8, Line 18since the owner or operator previously submitted the license to the local government.
Page 8, Line 19(III) A local government may designate the office or
Page 8, Line 20department of the local government to which the owner or
Page 8, Line 21operator of a mobile retail food establishment shall submit the
Page 8, Line 22copy of the Denver food safety license in accordance with this
Page 8, Line 23subsection (2)(b). If the local government does not designate an
Page 9, Line 1office or department, the owner or operator of the mobile retail
Page 9, Line 2food establishment shall submit the copy of the Denver food safety license to a relevant office or department.
Page 9, Line 3(c) (I) (A) A mobile retail food establishment with a
Page 9, Line 4Denver food safety license that is operating in a local
Page 9, Line 5government's jurisdiction must be in compliance with all
Page 9, Line 6ordinances, resolutions, regulations, zoning codes, or other
Page 9, Line 7codes of the local government during operation in that
Page 9, Line 8jurisdiction and is subject to inspection and enforcement by the local government.
Page 9, Line 9(B) A mobile retail food establishment with a Denver food
Page 9, Line 10safety license that is found in violation of any ordinance,
Page 9, Line 11resolution, regulation, zoning code, or other code of the local
Page 9, Line 12government in which it is operating is not permitted to operate
Page 9, Line 13within that jurisdiction pursuant to subsection (2)(a) of this
Page 9, Line 14section until the mobile retail food establishment complies with the laws of the local government.
Page 9, Line 15(II) (A) A mobile retail food establishment with a Denver
Page 9, Line 16food safety license that is operating within the jurisdiction of
Page 9, Line 17another local government pursuant to subsection (2)(a) of this
Page 9, Line 18section must be in compliance with rules adopted by the
Page 9, Line 19department of public health and environment pursuant to section 25-4-1604.
Page 9, Line 20(B) If a local government finds that a mobile retail food
Page 9, Line 21establishment with a Denver food safety license and that is
Page 9, Line 22operating within the local government's jurisdiction pursuant
Page 9, Line 23to subsection (2)(a) of this section is in violation of the rules
Page 10, Line 1adopted by the department of public health environment
Page 10, Line 2pursuant to section 25-4-1604, the local government may
Page 10, Line 3prohibit the mobile retail food establishment from operating
Page 10, Line 4with the local government's jurisdiction until the mobile retail
Page 10, Line 5food establishment passes a health inspection by the local
Page 10, Line 6government, the department of public health and environment,
Page 10, Line 7or another local government that enforces the rules adopted
Page 10, Line 8by the department of public health and environment pursuant to section 25-4-1604.
Page 10, Line 929-11.6-105. Local government enforcement.Nothing in this
Page 10, Line 10article 11.6 prohibits a local government from adopting or
Page 10, Line 11enforcing the local government's ordinances, resolutions,
Page 10, Line 12regulations, zoning codes, health codes, or other codes related to the operation of a mobile retail food establishment.
Page 10, Line 13SECTION 2. In Colorado Revised Statutes, 25-4-1602, add (2.7) and (10.5) as follows:
Page 10, Line 1425-4-1602. Definitions. As used in this part 16, unless the context otherwise requires:
Page 10, Line 15(2.7) "Denver food safety license" has the meaning set forth in section 29-11.6-102 (1).
Page 10, Line 16(10.5) "Mobile retail food establishment" has the meaning set forth in section 29-11.6-102 (5).
Page 10, Line 17SECTION 3. In Colorado Revised Statutes, 25-4-1604, amend (2); and add (3) as follows:
Page 10, Line 1825-4-1604. Powers and duties of department - reciprocal
Page 10, Line 19license - rules. (2) (a) Subsection (1) of this section
shallPage 10, Line 20to the city and county of Denver, which, by ordinance, may provide for the licensure of retail food establishments.
Page 11, Line 1(b) The city and county of Denver shall permit a licensee
Page 11, Line 2to operate a mobile retail food establishment within the
Page 11, Line 3jurisdiction of the city and county of Denver in accordance with section 29-11.6-104 (1).
Page 11, Line 4(3) The department shall consider an owner or operator
Page 11, Line 5of a mobile retail food establishment with a Denver food safety
Page 11, Line 6license to have a valid license to operate the mobile retail food
Page 11, Line 7establishment within the jurisdiction of another local government in accordance with section 29-11.6-104 (2).
Page 11, Line 8SECTION 4. In Colorado Revised Statutes, 24-33.5-1203, add (1)(z) as follows:
Page 11, Line 924-33.5-1203. Duties of division. (1) The division shall perform the following duties:
Page 11, Line 10(z) Adopt minimum codes and standards for fire safety and
Page 11, Line 11prevention related to the operation of mobile retail food
Page 11, Line 12establishments, as defined in section 29-11.6-102 (5), for use by a
Page 11, Line 13local government in the local government's establishment or adoption of a fire code.
Page 11, Line 14SECTION 5. Act subject to petition - effective date -
Page 11, Line 15applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 11, Line 16the expiration of the ninety-day period after final adjournment of the
Page 11, Line 17general assembly; except that, if a referendum petition is filed pursuant
Page 11, Line 18to section 1 (3) of article V of the state constitution against this act or an
Page 11, Line 19item, section, or part of this act within such period, then the act, item,
Page 11, Line 20section, or part will not take effect unless approved by the people at the
Page 11, Line 21general election to be held in November 2026 and, in such case, will take
Page 12, Line 1effect on the date of the official declaration of the vote thereon by the governor.
Page 12, Line 2(2) This act applies to applications submitted and conduct occurring on or after the applicable effective date of this act.