Senate Committee of Reference Report
Committee on Local Government & Housing
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May 1, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1295 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:
Page 1, Line 1Amend reengrossed bill, page 3, strike lines 13 through 16 and substitute:
Page 1, Line 2"(1) "Denver retail food license" means the business
Page 1, Line 3license granted by the city and county of Denver that
Page 1, Line 4authorizes a mobile retail food establishment to operate within
Page 1, Line 5the city and county of Denver and indicates that the mobile
Page 1, Line 6retail food establishment is in compliance with applicable food
Page 1, Line 7safety standards.".
Page 1, Line 8Page 3, after line 16 insert:
Page 1, Line 9"(2) "Department" means the department of public health
Page 1, Line 10and environment created in section 25-1-102.".
Page 1, Line 11Renumber succeeding subsections accordingly.
Page 1, Line 12Page 5, line 7, after "jurisdiction." add "The owner or operator of
Page 1, Line 13the mobile retail food establishment shall submit the copy of
Page 1, Line 14the fire safety permit to the local government entity
Page 1, Line 15responsible for issuing fire safety permits for the local
Page 1, Line 16government in which the mobile retail food establishment
Page 1, Line 17intends to operate.".
Page 1, Line 18Page 5, strike lines 14 through 21.
Page 1, Line 19Page 6, strike lines 10 through 13 and substitute:
Page 1, Line 20"29-11.6-104. Mobile retail food establishment operations -
Page 1, Line 21Denver retail food license - state health department license -
Page 1, Line 22reciprocity between jurisdictions. (1) Denver retail food license.
Page 2, Line 1(a) The city and county of Denver".
Page 2, Line 2Page 6, strike lines 18 through 27 and substitute "Denver if the owner
Page 2, Line 3or operator meets the requirements of subsections (1)(b) and
Page 2, Line 4(1)(c) of this section.
Page 2, Line 5(b) (I) The owner or operator of a mobile retail food
Page 2, Line 6establishment shall submit to the city and county of Denver,
Page 2, Line 7through reasonable electronic means as determined by the city
Page 2, Line 8and county of Denver, the following documentation and
Page 2, Line 9information at least fourteen calendar days before operating
Page 2, Line 10within the jurisdiction of the city and county of Denver:
Page 2, Line 11(A) A copy of the valid state health department license;
Page 2, Line 12(B) A copy of the state health department license
Page 2, Line 13application submitted to the department or another local
Page 2, Line 14government jurisdiction, including any permits that were
Page 2, Line 15submitted as part of the application; and
Page 2, Line 16(C) Any history of any violations committed by the owner
Page 2, Line 17or operator of the mobile retail food establishment related to
Page 2, Line 18the state health department license.
Page 2, Line 19(II) (A) The owner or operator of a mobile retail food
Page 2, Line 20establishment shall display the state health department license
Page 2, Line 21in the service window of the mobile retail food establishment at
Page 2, Line 22all times during the operation of the mobile retail food
Page 2, Line 23establishment in the city and county of Denver.
Page 2, Line 24(B) The owner or operator of a mobile retail food
Page 2, Line 25establishment shall maintain all required fire safety permits,
Page 2, Line 26including fire safety permits required for flammable operations,
Page 2, Line 27within the mobile retail food establishment and provide the
Page 2, Line 28permits upon request during an inspection of the mobile retail
Page 2, Line 29food establishment.".
Page 2, Line 30Page 7, strike lines 1 through 11.
Page 2, Line 31Page 7, line 13, after "Denver" insert "pursuant to subsection (1)(a)
Page 2, Line 32of this section".
Page 2, Line 33Page 7, line 22, strike the first "section" and substitute "subsection"
Page 2, Line 34and after the second "of" insert "any applicable state law or of".
Page 2, Line 35Page 7, strike lines 25 through 27 and substitute "may:
Page 2, Line 36(A) Prohibit the mobile retail food establishment from
Page 2, Line 37operating within the city and county of Denver until the mobile
Page 2, Line 38retail food establishment passes a health inspection by the city
Page 3, Line 1and county of Denver, has paid all fines assessed by the city and
Page 3, Line 2county of Denver for the violations, and is found to be in
Page 3, Line 3compliance with all applicable state laws and the laws of the
Page 3, Line 4city and county of Denver; and
Page 3, Line 5(B) Notify the department of the violations committed by
Page 3, Line 6the mobile retail food establishment while operating in the city
Page 3, Line 7and county of Denver.".
Page 3, Line 8Page 8, strike lines 1 and 2 and substitute:
Page 3, Line 9"(III) If the department receives notice from the city and
Page 3, Line 10county of Denver pursuant to this subsection (1)(c), the
Page 3, Line 11department may take enforcement action against a mobile
Page 3, Line 12retail food establishment with a state health department
Page 3, Line 13license for the violations.".
Page 3, Line 14Page 8, lines 14 and 15, strike "of public health and environment,
Page 3, Line 15created in section 25-1-102,".
Page 3, Line 16Page 10, line 6, strike "department of public health and
Page 3, Line 17environment" and substitute "department,".
Page 3, Line 18Page 10, line 19, strike "food safety" and substitute "retail food".
Page 3, Line 19Page 10, line 22, strike "29-11.6-102 (5)." and substitute "29-11.6-102
Page 3, Line 20(6).".
Page 3, Line 21Page 11, line 17 strike "29-11.6-102 (5)," and substitute "29-11.6-102
Page 3, Line 22(6),".
Page 3, Line 23Page 11, strike lines 20 through 27 and substitute:
Page 3, Line 24"SECTION 5. Act subject to petition - effective date -
Page 3, Line 25applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 3, Line 26referendum petition is filed pursuant to section 1 (3) of article V of the
Page 3, Line 27state constitution against this act or an item, section, or part of this act
Page 3, Line 28within the ninety-day period after final adjournment of the general
Page 3, Line 29assembly, then the act, item, section, or part will not take effect unless
Page 3, Line 30approved by the people at the general election to be held in November
Page 3, Line 312026 and, in such case, will take effect on the date of the official
Page 3, Line 32declaration of the vote thereon by the governor.
Page 3, Line 33(2) This act applies to the operation of mobile retail food
Page 3, Line 34establishments on or after the applicable effective date of this act.".
Page 3, Line 35
Page 4, Line 1Page 12, strike lines 1 through 4.
Page 4, Line 2Strike "Denver food safety license" and substitute "Denver retail
Page 4, Line 3food license" on: Page 8, lines 5, 11, 18 and 19, 20, and 26; Page 9,
Page 4, Line 4lines 2 and 3, 5, 11 and 12, 18 and 19, and 25; and Page 11, lines 7 and
Page 4, Line 58.
Page 4, Line 6Strike "of public health and environment" on: Page 4, line 13; Page
Page 4, Line 79, line 22; and Page 10, lines 1 and 8.