A Bill for an Act
Page 1, Line 101Concerning the operation of food trucks, and, in connection
Page 1, Line 102therewith, establishing a reciprocal licensing and
Page 1, Line 103permitting system between local government
Page 1, Line 104jurisdictions for the operation of food trucks.
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:
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 2, Line 4(a) Mobile retail food establishments are a growing part
Page 2, Line 5of the Colorado economy;
Page 3, Line 1(b) Mobile retail food establishments are inherently
Page 3, Line 2mobile and intended to operate in various locations across the state; and
Page 3, Line 3(c) Laws imposed and administered at the local level
Page 3, Line 4requiring mobile retail food establishments to obtain separate
Page 3, Line 5permits or licenses to operate within a local government's jurisdiction impose inordinate burdens on those establishments.
Page 3, Line 629-11.6-102. Definitions.As used in this article 11.6, unless the context otherwise requires:
Page 3, Line 7(1) "Business license" means a permit or document issued
Page 3, Line 8by a local government that authorizes a mobile retail food
Page 3, Line 9establishment to operate as a business within the jurisdictional boundaries of the local government.
Page 3, Line 10(2) "Denver food safety license" means the food safety
Page 3, Line 11license granted by the city and county of Denver that
Page 3, Line 12authorizes a mobile retail food establishment to operate within the city and county of Denver.
Page 3, Line 13(3) "Fire safety permit" means a permit or document issued
Page 3, Line 14by a local government that certifies that a mobile retail food
Page 3, Line 15establishment meets the local government's fire and safety
Page 3, Line 16standards and authorizes an individual to operate the mobile retail food establishment.
Page 3, Line 18(4) "Governing body" means a board, a council, or another
Page 3, Line 19elected or appointed body in which the legislative powers of a local government are vested.
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) "Mobile retail food establishment" means a retail
Page 4, Line 6food establishment that is operated from a movable,
Page 4, Line 7motor-driven, or propelled vehicle, portable structure, or
Page 4, Line 8watercraft that can change location and is intended to
Page 4, Line 9physically report to and operate from a commissary for servicing, restocking, and maintenance.
Page 4, Line 10(7) "Motor vehicle" has the meaning set forth in section 42-1-102 (58).
Page 4, Line 11(8) "Reciprocal license and reciprocal permit" means a
Page 4, Line 12business license and fire safety permit, as those terms are
Page 4, Line 13defined in this section, that are granted by a local government
Page 4, Line 14pursuant to section 29-11.6-103 and that together allow a
Page 4, Line 15mobile retail food establishment to operate within the local government's jurisdiction.
Page 4, Line 16(9) "Retail food establishment" has the meaning set forth in section 25-4-1602 (14).
Page 4, Line 17(10) "State health department license" means the license
Page 4, Line 18granted by the department of public health and environment pursuant to section 25-4-1606.
Page 4, Line 1929-11.6-103. Mobile retail food establishment operations -
Page 4, Line 20reciprocal license and reciprocal permit - fees. (1) Reciprocal license
Page 4, Line 21and reciprocal permit - fees. (a) Upon application to a local
Page 5, Line 1government by an owner or operator of a mobile retail food
Page 5, Line 2establishment and subject to the limitations set forth in
Page 5, Line 3subsection (1)(b) of this section, a local government shall grant
Page 5, Line 4a reciprocal business license and a reciprocal fire safety permit
Page 5, Line 5to the owner or operator of the mobile retail food
Page 5, Line 6establishment, which reciprocal license and reciprocal permit
Page 5, Line 7allow the owner or operator of the mobile retail food
Page 5, Line 8establishment to operate within the jurisdiction of the local
Page 5, Line 9government, if the owner or operator of the mobile retail food
Page 5, Line 10establishment submits the following documentation to the local government:
Page 5, Line 11(I) An active business license from another local government;
Page 5, Line 13(II) An active fire safety permit from another local government; and
Page 5, Line 14(III) Payment of the application fee, licensing fee, and
Page 5, Line 15permitting fees charged by the local government pursuant to subsection (1)(c) of this section.
Page 5, Line 16(b) (I) Upon review of an application submitted in
Page 5, Line 17accordance with subsection (1)(a) of this section, a local government may deny an application if:
Page 5, Line 18(A) The owner or operator of a mobile retail food
Page 5, Line 19establishment has not obtained or renewed a fire safety permit within the past calendar year;
Page 5, Line 20(B) The business license submitted by the owner or
Page 5, Line 21operator of a mobile retail food establishment is expired;
Page 6, Line 1(C) The owner or operator of a mobile retail food
Page 6, Line 2establishment has outstanding fees, fines, or penalties in another local jurisdiction; or
Page 6, Line 3(D) The owner or operator of a mobile retail food
Page 6, Line 4establishment has failed a fire safety inspection within the past calendar year.
Page 6, Line 5(II) If a local government denies an application in
Page 6, Line 6accordance with subsection (1)(b)(I) of this section, the local
Page 6, Line 7government shall provide written notice to the applicant
Page 6, Line 8stating the reason that the application was denied and provide
Page 6, Line 9the applicant a chance to resubmit the application with updated or additional information.
Page 6, Line 10(c) (I) A local government that grants a reciprocal
Page 6, Line 11license and reciprocal permit pursuant to subsection (1)(a) of
Page 6, Line 12this section may charge an application fee to an owner or
Page 6, Line 13operator of a mobile retail food establishment that applies for
Page 6, Line 14the reciprocal license and reciprocal permit. The application fee
Page 6, Line 15charged by a local government must not exceed the
Page 6, Line 16administrative cost incurred by the local government to review the application.
Page 6, Line 17(II) A local government may charge a fee to the owner or
Page 6, Line 18operator of a mobile retail food establishment to obtain the
Page 6, Line 19reciprocal license and reciprocal permit; except that the fee
Page 6, Line 20must not exceed twenty-five percent of the cumulative cost of
Page 6, Line 21obtaining a typical business license and fire safety permit from the local government.
Page 6, Line 22(d) (I) An owner or operator of a mobile retail food
Page 7, Line 1establishment that has been granted the reciprocal license and
Page 7, Line 2reciprocal permit from a local government in accordance with
Page 7, Line 3subsection (1)(a) of this section may operate the mobile retail
Page 7, Line 4food establishment within the local government's jurisdiction
Page 7, Line 5until the earliest expiration date stated on the license or permit
Page 7, Line 6submitted as part of the application submitted pursuant to subsection (1)(a) of this section.
Page 7, Line 7(II) A local government may revoke the reciprocal
Page 7, Line 8license and reciprocal permit granted to the owner or operator
Page 7, Line 9of a mobile retail food establishment if the local government
Page 7, Line 10finds that the mobile retail food establishment is being operated
Page 7, Line 11in violation of the ordinances, resolutions, regulations, zoning codes, or other codes of the local government.
Page 7, Line 12(e) A local government shall review an application
Page 7, Line 13submitted pursuant to subsection (1)(a) of this section and issue
Page 7, Line 14the decision to approve or deny the application within thirty calendar days after receiving the application.
Page 7, Line 15(2) Enforcement.Nothing in this section prohibits a local
Page 7, Line 16government from enforcing the local government's ordinances,
Page 7, Line 17resolutions, regulations, zoning codes, or other codes related to the operation of a mobile retail food establishment.
Page 7, Line 18(3) Reciprocity between jurisdictions. (a) The city and
Page 7, Line 19county of Denver shall grant a Denver food safety license to
Page 7, Line 20the owner or operator of a mobile retail food establishment if
Page 7, Line 21the owner or operator submits the following to the city and county of Denver:
Page 7, Line 22(I) An active state health department license; and
Page 8, Line 1(II) Payment of the application fee and licensing fee
Page 8, Line 2charged by the city and county of Denver for a Denver food
Page 8, Line 3safety license in accordance with subsection (3)(c) of this section.
Page 8, Line 4(b) Upon review of a reciprocal license application
Page 8, Line 5submitted in accordance with subsection (3)(a) of this section,
Page 8, Line 6the city and county of Denver may deny an owner or operator
Page 8, Line 7of a mobile retail food establishment a reciprocal license
Page 8, Line 8application for a Denver food safety license if the owner or operator of the mobile retail food establishment:
Page 8, Line 9(I) Has not obtained or renewed a state health department license within the most recent past calendar year;
Page 8, Line 10(II) Has failed an inspection related to the state health
Page 8, Line 11department license within the most recent past calendar year; or
Page 8, Line 12(III) Has outstanding fees, fines, or penalties in the city
Page 8, Line 13and county of Denver or another local government jurisdiction.
Page 8, Line 14(c) (I) The city and county of Denver may charge a
Page 8, Line 15reciprocal license application fee to an owner or operator of a
Page 8, Line 16mobile retail food establishment that applies for a Denver food
Page 8, Line 17safety license. The reciprocal license application fee must not
Page 8, Line 18exceed the administrative cost incurred by the city and county of Denver to review the application.
Page 8, Line 19(II) The city and county of Denver may charge a
Page 8, Line 20reciprocal licensing fee to an owner or operator of a mobile
Page 8, Line 21retail food establishment to obtain a Denver food safety
Page 9, Line 1license. The reciprocal licensing fee must not exceed
Page 9, Line 2twenty-five percent of the cost of obtaining an initial Denver food safety license.
Page 9, Line 3(d) (I) An owner or operator of a mobile retail food
Page 9, Line 4establishment that has been granted a Denver food safety
Page 9, Line 5license pursuant to this subsection (4) may operate the mobile
Page 9, Line 6retail food establishment within the city and county of Denver
Page 9, Line 7until the expiration date stated on the state health department license.
Page 9, Line 8(II) The city and county of Denver may revoke a Denver
Page 9, Line 9food safety license granted to an owner or operator of a mobile
Page 9, Line 10retail food establishment pursuant to this subsection (4) if the
Page 9, Line 11city and county of Denver finds that the mobile retail food
Page 9, Line 12establishment is being operated in violation of the ordinances,
Page 9, Line 13resolutions, regulations, zoning codes, or other codes of the city and county of Denver.
Page 9, Line 14(e) The city and county of Denver shall review a
Page 9, Line 15reciprocal license application for a Denver food safety license
Page 9, Line 16submitted pursuant to this subsection (3) and issue the decision
Page 9, Line 17to approve or deny the reciprocal license application within thirty calendar days after receiving the application.
Page 9, Line 18SECTION 2. In Colorado Revised Statutes, 25-4-1602, add (2.7) and (10.5) as follows:
Page 9, Line 1925-4-1602. Definitions. As used in this part 16, unless the context otherwise requires:
Page 9, Line 20(2.7) "Denver food safety license" has the meaning set
Page 9, Line 21forth in section 29-11.6-102 (2).
Page 10, Line 1(10.5) "Mobile retail food establishment" means a retail
Page 10, Line 2food establishment that is operated from a movable,
Page 10, Line 3motor-driven, or propelled vehicle, portable structure, or
Page 10, Line 4watercraft that can change location and is intended to
Page 10, Line 5physically report to and operate from a commissary for servicing, restocking, and maintenance.
Page 10, Line 6SECTION 3. In Colorado Revised Statutes, 25-4-1604, amend (2); and add (3) as follows:
Page 10, Line 725-4-1604. Powers and duties of department - reciprocal
Page 10, Line 8license - rules. (2) (a) Subsection (1) of this section
shallPage 10, Line 9to the city and county of Denver, which, by ordinance, may provide for the licensure of retail food establishments.
Page 10, Line 10(b) The city and county of Denver shall grant a Denver
Page 10, Line 11food safety license to a licensee in accordance with section 29-11.6-103 (3).
Page 10, Line 12(3) Reciprocity with the city and county of Denver. (a) The
Page 10, Line 13department shall grant a license to the owner or operator of a
Page 10, Line 14mobile retail food establishment if the owner or operator submits the following to the department:
Page 10, Line 15(I) An active Denver food safety license issued by the city and county of Denver; and
Page 10, Line 16(II) Payment of a reciprocal license application fee and reciprocal licensing fee required for the license.
Page 10, Line 17(b) (I) The department may charge a reciprocal license
Page 10, Line 18application fee to an owner or operator of a mobile retail food
Page 10, Line 19establishment that applies for a license in accordance with this
Page 10, Line 20subsection (3). The reciprocal license application fee must not
Page 11, Line 1exceed the administrative cost incurred by the department to review the reciprocal license application.
Page 11, Line 2(II) The department may charge a reciprocal licensing fee
Page 11, Line 3to an owner or operator of a mobile retail food establishment
Page 11, Line 4to obtain a license in accordance with this subsection (3). The
Page 11, Line 5reciprocal licensing fee must not exceed twenty-five percent of the licensing fee charged pursuant to section 25-4-1607.
Page 11, Line 6SECTION 4. Act subject to petition - effective date -
Page 11, Line 7applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 11, Line 8the expiration of the ninety-day period after final adjournment of the
Page 11, Line 9general assembly; except that, if a referendum petition is filed pursuant
Page 11, Line 10to section 1 (3) of article V of the state constitution against this act or an
Page 11, Line 11item, section, or part of this act within such period, then the act, item,
Page 11, Line 12section, or part will not take effect unless approved by the people at the
Page 11, Line 13general election to be held in November 2026 and, in such case, will take
Page 11, Line 14effect on the date of the official declaration of the vote thereon by the governor.
Page 11, Line 15(2) This act applies to applications submitted and conduct occurring on or after the applicable effective date of this act.