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:
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) Food trucks are a growing part of the Colorado
Page 2, Line 5economy;
Page 3, Line 1(b) Food trucks are inherently mobile and intended to operate in various locations across the state; and
Page 3, Line 2(c) Laws imposed and administered at the local level
Page 3, Line 3requiring food truck businesses to obtain separate permits or
Page 3, Line 4licenses to operate within a local government's jurisdiction impose inordinate burdens on those businesses.
Page 3, Line 529-11.6-102. Definitions.As used in this article 11.6, unless the context otherwise requires:
Page 3, Line 6(1) "Business license" means a permit or document issued
Page 3, Line 7by a local government that authorizes a food truck to operate
Page 3, Line 8as a business within the jurisdictional boundaries of the local government.
Page 3, Line 9(2) "Fire safety permit" means a permit or document issued
Page 3, Line 10by a local government that certifies that a food truck meets
Page 3, Line 11the local government's fire and safety standards and authorizes an individual to operate the food truck.
Page 3, Line 12(3) "Food truck" means a retail food establishment that
Page 3, Line 13is part of a motor vehicle or is on a trailer pulled by a motor
Page 3, Line 14vehicle from which an individual prepares, cooks, sells, or serves food or beverages.
Page 3, Line 15(4) "Governing body" means a board, a council, or another
Page 3, Line 16elected or appointed body in which the legislative powers of a local government are vested.
Page 3, Line 17(5) "Health department permit" means a permit or
Page 3, Line 18document issued by a local government that certifies that a
Page 3, Line 19food truck meets the local government's health standards and
Page 3, Line 20authorizes an individual to operate the food truck.
Page 4, Line 1(6) "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(7) "Motor vehicle" has the meaning set forth in section 42-1-102 (58).
Page 4, Line 6(8) "Reciprocal license and reciprocal permits" means a
Page 4, Line 7business license, fire safety permit, and health department
Page 4, Line 8permit, as those terms are defined in this section, that are
Page 4, Line 9granted by a local government pursuant to section 29-11.6-103
Page 4, Line 10and that together allow a food truck to operate within the local government's jurisdiction.
Page 4, Line 11(9) "Retail food establishment" has the meaning set forth in section 25-4-1602 (14).
Page 4, Line 1229-11.6-103. Food truck operations - reciprocal license and
Page 4, Line 13reciprocal permits - zoning - fees. (1) Reciprocal license and
Page 4, Line 14reciprocal permits - fees. (a) Upon application to a local
Page 4, Line 15government by an owner or operator of a food truck and
Page 4, Line 16subject to the limitations set forth in subsection (1)(b) of this
Page 4, Line 17section, a local government shall grant a reciprocal business
Page 4, Line 18license, a reciprocal health department permit, and a reciprocal
Page 4, Line 19fire safety permit to the owner or operator of the food truck,
Page 4, Line 20which reciprocal license and reciprocal permits allow the
Page 4, Line 21owner or operator of the food truck to operate within the
Page 4, Line 22jurisdiction of the local government, if the owner or operator
Page 4, Line 23of the food truck submits the following documentation to the local government:
Page 5, Line 1(I) An active business license from another local government;
Page 5, Line 2(II) An active health department permit from another local government;
Page 5, Line 3(III) An active fire safety permit from another local government; and
Page 5, Line 4(IV) Payment of the application fee, licensing fee, and
Page 5, Line 5permitting fees charged by the local government pursuant to subsection (1)(c) of this section.
Page 5, Line 6(b) (I) Upon review of an application submitted in
Page 5, Line 7accordance with subsection (1)(a) of this section, a local government may deny an application if:
Page 5, Line 8(A) The owner or operator of a food truck has not
Page 5, Line 9obtained or renewed a health department permit or fire safety permit within the past calendar year;
Page 5, Line 10(B) The business license submitted by the owner or operator of a food truck is expired;
Page 5, Line 11(C) The owner or operator of a food truck has
Page 5, Line 12outstanding fees, fines, or penalties in another local jurisdiction; or
Page 5, Line 13(D) The owner or operator of a food truck has failed a
Page 5, Line 14health department or fire safety inspection within the past calendar year.
Page 5, Line 15(II) If a local government denies an application in
Page 5, Line 16accordance with subsection (1)(b)(I) of this section, the local
Page 5, Line 17government shall provide written notice to the applicant
Page 6, Line 1stating the reason that the application was denied and provide
Page 6, Line 2the applicant a chance to resubmit the application with updated or additional information.
Page 6, Line 3(c) (I) A local government that grants a reciprocal
Page 6, Line 4license and reciprocal permits pursuant to subsection (1)(a) of
Page 6, Line 5this section may charge an application fee to an owner or
Page 6, Line 6operator of a food truck that applies for the reciprocal license
Page 6, Line 7and reciprocal permits. The application fee charged by a local
Page 6, Line 8government must not exceed the administrative cost incurred by the local government to review the application.
Page 6, Line 9(II) A local government may charge a fee to the owner or
Page 6, Line 10operator of a food truck to obtain the reciprocal license and
Page 6, Line 11reciprocal permits; except that the fee must not exceed
Page 6, Line 12twenty-five percent of the cumulative cost of obtaining a
Page 6, Line 13typical business license, health department permit, and fire safety permit from the local government.
Page 6, Line 14(d) (I) An owner or operator of a food truck that has been
Page 6, Line 15granted the reciprocal license and reciprocal permits from a
Page 6, Line 16local government in accordance with subsection (1)(a) of this
Page 6, Line 17section may operate the food truck within the local
Page 6, Line 18government's jurisdiction until the earliest expiration date
Page 6, Line 19stated on the license or permits submitted as part of the
Page 6, Line 20application submitted pursuant to subsection (1)(a) of this section.
Page 6, Line 21(II) A local government may revoke the reciprocal
Page 6, Line 22license and reciprocal permits granted to the owner or
Page 6, Line 23operator of a food truck if the local government finds that the
Page 7, Line 1food truck is being operated in violation of the ordinances,
Page 7, Line 2resolutions, regulations, zoning codes, or other codes of the local government.
Page 7, Line 3(e) A local government shall review an application
Page 7, Line 4submitted pursuant to subsection (1)(a) of this section and issue
Page 7, Line 5the decision to approve or deny the application within fourteen calendar days after receiving the application.
Page 7, Line 6(2) Food truck operations - zoning. (a) The governing body
Page 7, Line 7of a local government shall not adopt or enforce a resolution, ordinance, regulation, zoning code, or other code that:
Page 7, Line 8(I) Prohibits or constructively prohibits an owner or
Page 7, Line 9operator from operating a food truck in a zone in which a food establishment is a permitted use or conditional use;
Page 7, Line 10(II) Restricts the total number of days a food truck may
Page 7, Line 11be operated within the local government's jurisdiction during a calendar year; or
Page 7, Line 12(III) Prohibits the operation of a food truck within a
Page 7, Line 13certain distance of a food establishment, unless the specified distance is less than fifty feet.
Page 7, Line 14(b) A resolution, ordinance, regulation, zoning code, or
Page 7, Line 15other code that conflicts with subsection (2)(a) of this section
Page 7, Line 16and that was adopted by the governing body of a local
Page 7, Line 17government prior to the effective date of this section is only
Page 7, Line 18enforceable to the extent that the enforcement complies with subsection (2)(a) of this section.
Page 7, Line 19(3) Enforcement.Except as provided in subsection (2)(a) of
Page 7, Line 20this section, nothing in this section prohibits a local government
Page 8, Line 1from enforcing the local government's ordinances, resolutions,
Page 8, Line 2regulations, zoning codes, or other codes related to the operation of a food truck.
Page 8, Line 3SECTION 2. Act subject to petition - effective date -
Page 8, Line 4applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 8, Line 5the expiration of the ninety-day period after final adjournment of the
Page 8, Line 6general assembly; except that, if a referendum petition is filed pursuant
Page 8, Line 7to section 1 (3) of article V of the state constitution against this act or an
Page 8, Line 8item, section, or part of this act within such period, then the act, item,
Page 8, Line 9section, or part will not take effect unless approved by the people at the
Page 8, Line 10general election to be held in November 2026 and, in such case, will take
Page 8, Line 11effect on the date of the official declaration of the vote thereon by the governor.
Page 8, Line 12(2) This act applies to applications submitted and conduct occurring on or after the applicable effective date of this act.