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 "mobilefood
Page 1, Line 103establishment" and establishing reciprocity for
Page 1, Line 104certain licenses and permits between local
Page 1, Line 105government jurisdictions to allow a mobilefood
Page 1, Line 106establishment to operate in multiple jurisdictions.
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
Page 2, Line 4assembly finds and declares that:
Page 3, Line 1(a) Mobilefood establishments are a growing part of the state's economy;
Page 3, Line 2(b) Mobilefood establishments are inherently mobile
Page 3, Line 3and 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 mobilefood 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 retail food license" means the business license
Page 3, Line 9granted by the city and county of Denver that authorizes a
Page 3, Line 10mobilefood establishment to operate within the city and
Page 3, Line 11county of Denver and indicates that the mobilefood
Page 3, Line 12establishment is in compliance with applicable food safety standards.
Page 3, Line 13(2) "Department" means the department of public health and environment created in section 25-1-102.
Page 3, Line 14(3) "Fire safety permit" means a permit or document issued
Page 3, Line 15by a local government that certifies that a mobilefood
Page 3, Line 16establishment meets the local government's fire safety
Page 3, Line 17standards and authorizes an individual to operate the mobilefood establishment.
Page 3, Line 18(4) "International fire code" means the international fire
Page 3, Line 19code published by the International Code Council, or a
Page 3, Line 20successor organization.
Page 4, Line 1(5) "Local government" means an authority, a county, a
Page 4, Line 2municipality, a city and county, a district, or another political
Page 4, Line 3subdivision of the state or any department, agency, institution,
Page 4, Line 4or authority of a county, a municipality, a city and county, a district, or another political subdivision of the state.
Page 4, Line 5(6) "Mobilefood establishment" means a retail food establishment that:
Page 4, Line 6(a) Is operated from a movable, motor-driven, or propelled vehicle, portable structure, or watercraft;
Page 4, Line 7(b) Can change location; and
Page 4, Line 8(c) Is intended to physically report to and operate from a commissary for servicing, restocking, and maintenance.
Page 4, Line 9(7) "Retail food establishment" has the meaning set forth in section 25-4-1602 (14).
Page 4, Line 10(8) "State health department license" means the license granted by the departmentpursuant to section 25-4-1606.
Page 4, Line 1129-11.6-103. Mobilefood establishment operations - fire
Page 4, Line 12safety permit - reciprocity between local government jurisdictions.
Page 4, Line 13(1) A valid fire safety permit that has been issued to a mobile
Page 4, Line 14food establishment is valid in the jurisdiction of any other local government in this state if the fire safety permit was issued:
Page 4, Line 15(a) By a local government that has adopted the most
Page 4, Line 16recent international fire code or a fire code that has
Page 4, Line 17incorporated the minimum codes and standards for mobile
Page 4, Line 18food establishments as adopted by the division of fire prevention and control pursuant to section 24-33.5-1203 (1)(z); and
Page 4, Line 19(b) After an inspection by a certified fire inspector, as defined in section 24-33.5-1202 (2.5).
Page 5, Line 1(2) (a) The owner or operator of a mobilefood
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 mobilefood
Page 5, Line 6establishment at least fourteen calendar days before operating
Page 5, Line 7within the local government's jurisdiction.The owner or
Page 5, Line 8operator of the mobilefood establishment shall submit the
Page 5, Line 9copy of the fire safety permit to the local government entity
Page 5, Line 10responsible for issuing fire safety permits for the local
Page 5, Line 11government in which the mobilefood establishment intends to operate.
Page 5, Line 12(b) The owner or operator of a mobilefood
Page 5, Line 13establishment must provide only one copy of the fire safety
Page 5, Line 14permit issued in accordance with subsection (1) of this section to
Page 5, Line 15the local government per calendar year, unless the fire safety
Page 5, Line 16permit has expired in the time since the owner or operator previously submitted the permit to the local government.
Page 5, Line 18(3) (a) A mobilefood establishment that is operating in
Page 5, Line 19a local government's jurisdiction must be in compliance with the
Page 5, Line 20local government's fire safety code during operation in that
Page 5, Line 21jurisdiction and is subject to inspection and enforcement by the local government.
Page 5, Line 22(b) A mobilefood establishment that fails a fire safety
Page 5, Line 23inspection by a local government or that is found in violation of
Page 6, Line 1the local government's fire safety code is considered to no
Page 6, Line 2longer have a valid fire safety permit in that jurisdiction
Page 6, Line 3pursuant to subsection (1) of this section and is not permitted to
Page 6, Line 4operate within that local government's jurisdiction until the
Page 6, Line 5mobilefood establishment passes a fire safety inspection from
Page 6, Line 6a certified fire inspector, as defined in section 24-33.5-1202 (2.5), and complies with the local government's fire safety code.
Page 6, Line 729-11.6-104. Mobilefood establishment operations -
Page 6, Line 8Denver retail food license - state health department license -
Page 6, Line 9reciprocity between jurisdictions. (1) Denver retail food license.
Page 6, Line 10(a) The city and county of Denvershall permit the owner or
Page 6, Line 11operator of a mobilefood establishment that has an active
Page 6, Line 12and valid state health department license to operate the mobile
Page 6, Line 13food establishment within the jurisdiction of the city and
Page 6, Line 14county ofDenver if the owner or operator meets the requirements of subsections (1)(b) and (1)(c) of this section.
Page 6, Line 15(b) (I) The owner or operator of a mobilefood
Page 6, Line 16establishment shall submit to the city and county of Denver,
Page 6, Line 17through reasonable electronic means as determined by the city
Page 6, Line 18and county of Denver, the following documentation and
Page 6, Line 19information at least fourteen calendar days before operating within the jurisdiction of the city and county of Denver:
Page 6, Line 20(A) A copy of the valid state health department license;
Page 6, Line 21(B) A copy of the state health department license
Page 6, Line 22application that was submitted to the department or another
Page 6, Line 23local government jurisdiction, including any permits that were
Page 6, Line 24submitted as part of the application, if the mobilefood
Page 7, Line 1establishment obtained its initial state health department
Page 7, Line 2license within the previous two years and the application
Page 7, Line 3materials are readily available to the owner or operator of the mobilefood establishment; and
Page 7, Line 4(C) At the request of the city and county of Denver, a
Page 7, Line 5summary of any violations committed by the owner or operator
Page 7, Line 6of the mobilefood establishment within the previous
Page 7, Line 7calendar year that were related to the state health
Page 7, Line 8department license or operation of the mobilefood establishment.
Page 7, Line 9(II) (A) The owner or operator of a mobilefood
Page 7, Line 10establishment shall display the state health department license
Page 7, Line 11in the service window of the mobilefood establishment at all
Page 7, Line 12times during the operation of the mobilefood establishment in the city and county of Denver.
Page 7, Line 13(B) The owner or operator of a mobilefood
Page 7, Line 14establishment shall maintain all required fire safety permits,
Page 7, Line 15including fire safety permits required for flammable operations,
Page 7, Line 16within the mobilefood establishment and provide the permits
Page 7, Line 17upon request during an inspection of the mobilefood establishment.
Page 7, Line 18(c) (I) A mobilefood establishment that is operating
Page 7, Line 19within the jurisdiction of the city and county of Denver
Page 7, Line 20pursuant to subsection (1)(a) of this sectionmust be in
Page 7, Line 21compliance with all ordinances, resolutions, regulations,
Page 7, Line 22zoning codes, health codes, or other codes of the city and
Page 7, Line 23county of Denver during operation within the city and county
Page 8, Line 1of Denver and is subject to inspection and enforcement by the city and county of Denver.
Page 8, Line 2(II) If the city and county of Denver finds that a mobile
Page 8, Line 3food establishment with a state health department license and
Page 8, Line 4that is operating within its jurisdiction pursuant tosubsection
Page 8, Line 5(1)(a) of this section is in violation ofany applicable state law
Page 8, Line 6or ofany ordinance, resolution, regulation, zoning code, health
Page 8, Line 7code, or other code of the city and county of Denver, the city and county of Denvermay:
Page 8, Line 8(A) Prohibit the mobilefood establishment from
Page 8, Line 9operating within the city and county of Denver until the mobile
Page 8, Line 10food establishment passes a health inspection by the city and
Page 8, Line 11county of Denver, has paid all fines assessed by the city and
Page 8, Line 12county of Denver for the violations, and is found to be in
Page 8, Line 13compliance with all applicable state laws and the laws of the city and county of Denver; and
Page 8, Line 14(B) Notify the department of the violations committed by
Page 8, Line 15the mobilefood establishment while operating in the city and county of Denver.
Page 8, Line 16(III) If the department receives notice from the city and
Page 8, Line 17county of Denver pursuant to this subsection (1)(c), the
Page 8, Line 18department may take enforcement action against a mobile
Page 8, Line 19food establishment with a state health department license for the violations.
Page 8, Line 20(2) State health department license. (a) The owner or
Page 8, Line 21operator of a mobilefood establishment that has a valid and
Page 8, Line 22activeDenver retail food licenseis considered to have a valid
Page 9, Line 1state health department license and is permitted to operate the
Page 9, Line 2mobilefood establishment within the jurisdiction of another local government.
Page 9, Line 3(b) (I) The owner or operator of a mobilefood
Page 9, Line 4establishment shall provide, through reasonable electronic
Page 9, Line 5means, a copy of the active and validDenver retail food license
Page 9, Line 6to the local government in which the owner or operator intends
Page 9, Line 7to operate the mobilefood establishment and to the
Page 9, Line 8departmentat least fourteen calendar days before operating within the local government's jurisdiction.
Page 9, Line 9(II) The owner or operator of a mobilefood
Page 9, Line 10establishment must provide only one copy of theDenver retail
Page 9, Line 11food licenseto the local government per calendar year, unless
Page 9, Line 12theDenver retail food licensehas expired in the time since the
Page 9, Line 13owner or operator previously submitted the license to the local government.
Page 9, Line 14(III) A local government may designate the office or
Page 9, Line 15department of the local government to which the owner or
Page 9, Line 16operator of a mobilefood establishment shall submit the
Page 9, Line 17copy of theDenver retail food licensein accordance with this
Page 9, Line 18subsection (2)(b). If the local government does not designate an
Page 9, Line 19office or department, the owner or operator of the mobile
Page 9, Line 20food establishment shall submit the copy of theDenver retail food licenseto a relevant office or department.
Page 9, Line 21(c) (I) (A) A mobilefood establishment with a Denver
Page 9, Line 22retail food licensethat is operating in a local government's
Page 9, Line 23jurisdiction must be in compliance with all ordinances,
Page 10, Line 1resolutions, regulations, zoning codes, or other codes of the
Page 10, Line 2local government during operation in that jurisdiction and is subject to inspection and enforcement by the local government.
Page 10, Line 3(B) A mobilefood establishment with aDenver retail
Page 10, Line 4food licensethat is found in violation of any ordinance,
Page 10, Line 5resolution, regulation, zoning code, or other code of the local
Page 10, Line 6government in which it is operating is not permitted to operate
Page 10, Line 7within that jurisdiction pursuant to subsection (2)(a) of this
Page 10, Line 8section until the mobilefood establishment complies with the laws of the local government.
Page 10, Line 9(II) (A) A mobilefood establishment with aDenver
Page 10, Line 10retail food licensethat is operating within the jurisdiction of
Page 10, Line 11another local government pursuant to subsection (2)(a) of this
Page 10, Line 12section must be in compliance with rules adopted by the departmentpursuant to section 25-4-1604.
Page 10, Line 13(B) If a local government finds that a mobilefood
Page 10, Line 14establishment with aDenver retail food licenseand that is
Page 10, Line 15operating within the local government's jurisdiction pursuant
Page 10, Line 16to subsection (2)(a) of this section is in violation of the rules
Page 10, Line 17adopted by the departmentpursuant to section 25-4-1604, the
Page 10, Line 18local government may prohibit the mobilefood establishment
Page 10, Line 19from operatingwithinthe local government's jurisdiction until
Page 10, Line 20the mobilefood establishment passes a health inspection by
Page 10, Line 21the local government, thedepartment,or another local
Page 10, Line 22government that enforces the rules adopted by the departmentpursuant to section 25-4-1604.
Page 10, Line 2329-11.6-105. Local government enforcement.Nothing in this
Page 11, Line 1article 11.6 prohibits a local government from adopting or
Page 11, Line 2enforcing the local government's ordinances, resolutions,
Page 11, Line 3regulations, zoning codes, health codes, or other codes related to the operation of a mobilefood establishment.
Page 11, Line 4SECTION 2. In Colorado Revised Statutes, 25-4-1602, add (2.7) and (10.5) as follows:
Page 11, Line 525-4-1602. Definitions. As used in this part 16, unless the context otherwise requires:
Page 11, Line 6(2.7) "Denverretail foodlicense" has the meaning set forth in section 29-11.6-102 (1).
Page 11, Line 7(10.5) "Mobilefood establishment" has the meaning set forth in section29-11.6-102 (6).
Page 11, Line 8SECTION 3. In Colorado Revised Statutes, 25-4-1604, amend (2); and add (3) as follows:
Page 11, Line 925-4-1604. Powers and duties of department - reciprocal
Page 11, Line 10license - rules. (2) (a) Subsection (1) of this section
shallPage 11, Line 11to the city and county of Denver, which, by ordinance, may provide for the licensure of retail food establishments.
Page 11, Line 12(b) The city and county of Denver shall permit a licensee
Page 11, Line 13to operate a mobilefood establishment within the jurisdiction
Page 11, Line 14of the city and county of Denver in accordance with section 29-11.6-104 (1).
Page 11, Line 15(3) The department shall consider an owner or operator
Page 11, Line 16of a mobilefood establishment with aDenver retail food
Page 11, Line 17licenseto have a valid license to operate the mobilefood
Page 11, Line 18establishment within the jurisdiction of another local
Page 11, Line 19government in accordance with section 29-11.6-104 (2).
Page 12, Line 1SECTION 4. In Colorado Revised Statutes, 24-33.5-1203, add (1)(z) as follows:
Page 12, Line 224-33.5-1203. Duties of division. (1) The division shall perform the following duties:
Page 12, Line 3(z) Adopt minimum codes and standards for fire safety and
Page 12, Line 4prevention related to the operation of mobilefood
Page 12, Line 5establishments, as defined in section29-11.6-102 (6),for use by a
Page 12, Line 6local government in the local government's establishment or adoption of a fire code.
Page 12, Line 7SECTION 5. Act subject to petition - effective date -
Page 12, Line 8applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 12, Line 9referendum petition is filed pursuant to section 1 (3) of article V of the
Page 12, Line 10state constitution against this act or an item, section, or part of this act
Page 12, Line 11within the ninety-day period after final adjournment of the general
Page 12, Line 12assembly, then the act, item, section, or part will not take effect unless
Page 12, Line 13approved by the people at the general election to be held in November
Page 12, Line 142026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 12, Line 15(2) This act applies to the operation of mobilefood establishments on or after the applicable effective date of this act.