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:
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 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 retail food license" means the business license
Page 3, Line 9granted by the city and county of Denver that authorizes a
Page 3, Line 10mobile retail food establishment to operate within the city and
Page 3, Line 11county of Denver and indicates that the mobile retail food
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 mobile retail food
Page 3, Line 16establishment meets the local government's fire safety
Page 3, Line 17standards and authorizes an individual to operate the mobile retail food 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 successor 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) "Mobile retail food 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. Mobile retail food 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 14retail food establishment is valid in the jurisdiction of any
Page 4, Line 15other local government in this state if the fire safety permit was issued:
Page 4, Line 16(a) By a local government that has adopted the most
Page 4, Line 17recent international fire code or a fire code that has
Page 4, Line 18incorporated the minimum codes and standards for mobile retail
Page 4, Line 19food establishments as adopted by the division of fire prevention and control pursuant to section 24-33.5-1203 (1)(z); and
Page 5, Line 1(b) After an inspection by a certified fire inspector, as defined in section 24-33.5-1202 (2.5).
Page 5, Line 2(2) (a) The owner or operator of a mobile retail food
Page 5, Line 3establishment shall provide, through reasonable electronic
Page 5, Line 4means, a copy of the fire safety permit issued in accordance with
Page 5, Line 5subsection (1) of this section to the local government in which
Page 5, Line 6the owner or operator intends to operate the mobile retail food
Page 5, Line 7establishment at least fourteen calendar days before operating
Page 5, Line 8within the local government's jurisdiction.The owner or
Page 5, Line 9operator of the mobile retail food establishment shall submit
Page 5, Line 10the copy of the fire safety permit to the local government
Page 5, Line 11entity responsible for issuing fire safety permits for the local
Page 5, Line 12government in which the mobile retail food establishment intends to operate.
Page 5, Line 13(b) The owner or operator of a mobile retail food
Page 5, Line 14establishment must provide only one copy of the fire safety
Page 5, Line 15permit issued in accordance with subsection (1) of this section to
Page 5, Line 16the local government per calendar year, unless the fire safety
Page 5, Line 17permit has expired in the time since the owner or operator previously submitted the permit to the local government.
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
Page 5, Line 23enforcement by the local government.
Page 6, Line 1(b) A mobile retail food establishment that fails a fire
Page 6, Line 2safety inspection by a local government or that is found in
Page 6, Line 3violation of the local government's fire safety code is
Page 6, Line 4considered to no longer have a valid fire safety permit in that
Page 6, Line 5jurisdiction pursuant to subsection (1) of this section and is not
Page 6, Line 6permitted to operate within that local government's
Page 6, Line 7jurisdiction until the mobile retail food establishment passes a
Page 6, Line 8fire safety inspection from a certified fire inspector, as defined
Page 6, Line 9in section 24-33.5-1202 (2.5), and complies with the local government's fire safety code.
Page 6, Line 1029-11.6-104. Mobile retail food establishment operations -
Page 6, Line 11Denver retail food license - state health department license -
Page 6, Line 12reciprocity between jurisdictions. (1) Denver retail food license.
Page 6, Line 13(a) The city and county of Denvershall permit the owner or
Page 6, Line 14operator of a mobile retail food establishment that has an
Page 6, Line 15active and valid state health department license to operate the
Page 6, Line 16mobile retail food establishment within the jurisdiction of the
Page 6, Line 17city and county ofDenver if the owner or operator meets the requirements of subsections (1)(b) and (1)(c) of this section.
Page 6, Line 18(b) (I) The owner or operator of a mobile retail food
Page 6, Line 19establishment shall submit to the city and county of Denver,
Page 6, Line 20through reasonable electronic means as determined by the city
Page 6, Line 21and county of Denver, the following documentation and
Page 6, Line 22information at least fourteen calendar days before operating within the jurisdiction of the city and county of Denver:
Page 6, Line 23(A) A copy of the valid state health department license;
Page 6, Line 24(B) A copy of the state health department license
Page 7, Line 1application submitted to the department or another local
Page 7, Line 2government jurisdiction, including any permits that were submitted as part of the application; and
Page 7, Line 3(C) Any history of any violations committed by the owner
Page 7, Line 4or operator of the mobile retail food establishment related to the state health department license.
Page 7, Line 5(II) (A) The owner or operator of a mobile retail food
Page 7, Line 6establishment shall display the state health department license
Page 7, Line 7in the service window of the mobile retail food establishment at
Page 7, Line 8all times during the operation of the mobile retail food establishment in the city and county of Denver.
Page 7, Line 9(B) The owner or operator of a mobile retail food
Page 7, Line 10establishment shall maintain all required fire safety permits,
Page 7, Line 11including fire safety permits required for flammable operations,
Page 7, Line 12within the mobile retail food establishment and provide the
Page 7, Line 13permits upon request during an inspection of the mobile retail food establishment.
Page 7, Line 14(c) (I) A mobile retail food establishment that is operating
Page 7, Line 15within the jurisdiction of the city and county of Denver
Page 7, Line 16pursuant to subsection (1)(a) of this sectionmust be in
Page 7, Line 17compliance with all ordinances, resolutions, regulations,
Page 7, Line 18zoning codes, health codes, or other codes of the city and
Page 7, Line 19county of Denver during operation within the city and county
Page 7, Line 20of Denver and is subject to inspection and enforcement by the city and county of Denver.
Page 7, Line 21(II) If the city and county of Denver finds that a mobile
Page 7, Line 22retail food establishment with a state health department
Page 8, Line 1license and that is operating within its jurisdiction pursuant to
Page 8, Line 2subsection(1)(a) of this section is in violation ofany applicable
Page 8, Line 3state law or ofany ordinance, resolution, regulation, zoning
Page 8, Line 4code, health code, or other code of the city and county of Denver, the city and county of Denvermay:
Page 8, Line 5(A) Prohibit the mobile retail food establishment from
Page 8, Line 6operating within the city and county of Denver until the mobile
Page 8, Line 7retail food establishment passes a health inspection by the city
Page 8, Line 8and county of Denver, has paid all fines assessed by the city and
Page 8, Line 9county of Denver for the violations, and is found to be in
Page 8, Line 10compliance with all applicable state laws and the laws of the city and county of Denver; and
Page 8, Line 11(B) Notify the department of the violations committed by
Page 8, Line 12the mobile retail food establishment while operating in the city and county of Denver.
Page 8, Line 13(III) If the department receives notice from the city and
Page 8, Line 14county of Denver pursuant to this subsection (1)(c), the
Page 8, Line 15department may take enforcement action against a mobile
Page 8, Line 16retail food establishment with a state health department license for the violations.
Page 8, Line 17(2) State health department license. (a) The owner or
Page 8, Line 18operator of a mobile retail food establishment that has a valid
Page 8, Line 19and activeDenver retail food licenseis considered to have a
Page 8, Line 20valid state health department license and is permitted to
Page 8, Line 21operate the mobile retail food establishment within the jurisdiction of another local government.
Page 8, Line 22(b) (I) The owner or operator of a mobile retail food
Page 9, Line 1establishment shall provide, through reasonable electronic
Page 9, Line 2means, a copy of the active and validDenver retail food license
Page 9, Line 3to the local government in which the owner or operator intends
Page 9, Line 4to operate the mobile retail food establishment and to the
Page 9, Line 5departmentat least fourteen calendar days before operating within the local government's jurisdiction.
Page 9, Line 6(II) The owner or operator of a mobile retail food
Page 9, Line 7establishment must provide only one copy of theDenver retail
Page 9, Line 8food licenseto the local government per calendar year, unless
Page 9, Line 9theDenver retail food licensehas expired in the time since the
Page 9, Line 10owner or operator previously submitted the license to the local government.
Page 9, Line 11(III) A local government may designate the office or
Page 9, Line 12department of the local government to which the owner or
Page 9, Line 13operator of a mobile retail food establishment shall submit the
Page 9, Line 14copy of theDenver retail food licensein accordance with this
Page 9, Line 15subsection (2)(b). If the local government does not designate an
Page 9, Line 16office or department, the owner or operator of the mobile retail
Page 9, Line 17food establishment shall submit the copy of theDenver retail food licenseto a relevant office or department.
Page 9, Line 18(c) (I) (A) A mobile retail food establishment with a
Page 9, Line 19Denver retail food licensethat is operating in a local
Page 9, Line 20government's jurisdiction must be in compliance with all
Page 9, Line 21ordinances, resolutions, regulations, zoning codes, or other
Page 9, Line 22codes of the local government during operation in that
Page 9, Line 23jurisdiction and is subject to inspection and enforcement by the
Page 9, Line 24local government.
Page 10, Line 1(B) A mobile retail food establishment with aDenver
Page 10, Line 2retail food licensethat is found in violation of any ordinance,
Page 10, Line 3resolution, regulation, zoning code, or other code of the local
Page 10, Line 4government in which it is operating is not permitted to operate
Page 10, Line 5within that jurisdiction pursuant to subsection (2)(a) of this
Page 10, Line 6section until the mobile retail food establishment complies with the laws of the local government.
Page 10, Line 7(II) (A) A mobile retail food establishment with aDenver
Page 10, Line 8retail food licensethat is operating within the jurisdiction of
Page 10, Line 9another local government pursuant to subsection (2)(a) of this
Page 10, Line 10section must be in compliance with rules adopted by the departmentpursuant to section 25-4-1604.
Page 10, Line 11(B) If a local government finds that a mobile retail food
Page 10, Line 12establishment with aDenver retail food licenseand that is
Page 10, Line 13operating within the local government's jurisdiction pursuant
Page 10, Line 14to subsection (2)(a) of this section is in violation of the rules
Page 10, Line 15adopted by the departmentpursuant to section 25-4-1604, the
Page 10, Line 16local government may prohibit the mobile retail food
Page 10, Line 17establishment from operating with the local government's
Page 10, Line 18jurisdiction until the mobile retail food establishment passes a
Page 10, Line 19health inspection by the local government, thedepartment,or
Page 10, Line 20another local government that enforces the rules adopted by the departmentpursuant to section 25-4-1604.
Page 10, Line 2129-11.6-105. Local government enforcement.Nothing in this
Page 10, Line 22article 11.6 prohibits a local government from adopting or
Page 10, Line 23enforcing the local government's ordinances, resolutions,
Page 10, Line 24regulations, zoning codes, health codes, or other codes related to the operation of a mobile retail food establishment.
Page 11, Line 1SECTION 2. In Colorado Revised Statutes, 25-4-1602, add (2.7) and (10.5) as follows:
Page 11, Line 225-4-1602. Definitions. As used in this part 16, unless the context otherwise requires:
Page 11, Line 3(2.7) "Denverretail foodlicense" has the meaning set forth in section 29-11.6-102 (1).
Page 11, Line 4(10.5) "Mobile retail food establishment" has the meaning set forth in section29-11.6-102 (6).
Page 11, Line 5SECTION 3. In Colorado Revised Statutes, 25-4-1604, amend (2); and add (3) as follows:
Page 11, Line 625-4-1604. Powers and duties of department - reciprocal
Page 11, Line 7license - rules. (2) (a) Subsection (1) of this section
shallPage 11, Line 8to the city and county of Denver, which, by ordinance, may provide for the licensure of retail food establishments.
Page 11, Line 9(b) The city and county of Denver shall permit a licensee
Page 11, Line 10to operate a mobile retail food establishment within the
Page 11, Line 11jurisdiction of the city and county of Denver in accordance with section 29-11.6-104 (1).
Page 11, Line 12(3) The department shall consider an owner or operator
Page 11, Line 13of a mobile retail food establishment with aDenver retail food
Page 11, Line 14licenseto have a valid license to operate the mobile retail food
Page 11, Line 15establishment within the jurisdiction of another local government in accordance with section 29-11.6-104 (2).
Page 11, Line 16SECTION 4. In Colorado Revised Statutes, 24-33.5-1203, add (1)(z) as follows:
Page 11, Line 1724-33.5-1203. Duties of division. (1) The division shall perform the following duties:
Page 12, Line 1(z) Adopt minimum codes and standards for fire safety and
Page 12, Line 2prevention related to the operation of mobile retail food
Page 12, Line 3establishments, as defined in section29-11.6-102 (6),for use by a
Page 12, Line 4local government in the local government's establishment or adoption of a fire code.
Page 12, Line 5SECTION 5. Act subject to petition - effective date -
Page 12, Line 6applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 12, Line 7referendum petition is filed pursuant to section 1 (3) of article V of the
Page 12, Line 8state constitution against this act or an item, section, or part of this act
Page 12, Line 9within the ninety-day period after final adjournment of the general
Page 12, Line 10assembly, then the act, item, section, or part will not take effect unless
Page 12, Line 11approved by the people at the general election to be held in November
Page 12, Line 122026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 12, Line 13(2) This act applies to the operation of mobile retail food establishments on or after the applicable effective date of this act.