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Colorado House Bill HB1295

Colorado 2025 Regular Session

Colorado House Bill HB1295 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0880.01 Christopher McMichael x4775
88 HOUSE BILL 25-1295
99 House Committees Senate Committees
1010 Transportation, Housing & Local Government
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE OPERATION OF FOOD TRUCKS , AND, IN CONNECTION101
1414 THEREWITH, ESTABLISHING A RECIPROCAL LICENSING AND102
1515 PERMITTING SYSTEM BETWEEN LOCAL GOVERNMENT103
1616 JURISDICTIONS FOR THE OPERATION OF FOOD TRUCKS .104
1717 Bill Summary
1818 (Note: This summary applies to this bill as introduced and does
1919 not reflect any amendments that may be subsequently adopted. If this bill
2020 passes third reading in the house of introduction, a bill summary that
2121 applies to the reengrossed version of this bill will be available at
2222 http://leg.colorado.gov
2323 .)
2424 The bill creates a reciprocal licensing and permitting system for
2525 the operation of food trucks within the jurisdictions of local governments
2626 in the state. The bill requires a local government to grant the owner or
2727 HOUSE SPONSORSHIP
2828 Rutinel,
2929 SENATE SPONSORSHIP
3030 (None),
3131 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3232 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3333 Dashes through the words or numbers indicate deletions from existing law. operator of a food truck a reciprocal business license, reciprocal health
3434 department permit, and reciprocal fire safety permit (reciprocal license
3535 and reciprocal permits), which reciprocal license and reciprocal permits
3636 allow the owner or operator of a food truck to operate within the local
3737 government's jurisdiction, if the owner or operator of a food truck:
3838 ! Has an active business license from another local
3939 government;
4040 ! Has an active health department permit from another local
4141 government;
4242 ! Has an active fire safety permit from another local
4343 government; and
4444 ! Pays applicable application and licensing and permitting
4545 fees.
4646 A local government must review an application for the reciprocal
4747 license and reciprocal permits within 14 calendar days after receiving the
4848 application and decide whether to approve or deny the application. The
4949 local government may deny the application under certain circumstances.
5050 The local government may collect an application fee and charge reduced
5151 licensing and permitting fees for granting the reciprocal license and
5252 reciprocal permits.
5353 The bill prohibits the governing body of a local government from
5454 adopting an ordinance, resolution, regulation, zoning code, or other code
5555 that:
5656 ! Prohibits the operation of a food truck in a zone in which
5757 a food establishment is considered a permitted or
5858 conditional use;
5959 ! Restricts the total number of days a food truck may be
6060 operated within the local government's jurisdiction during
6161 a calendar year; or
6262 ! Prohibits the operation of a food truck within a certain
6363 distance of another food establishment, unless the specified
6464 distance is less than 50 feet.
6565 Be it enacted by the General Assembly of the State of Colorado:1
6666 SECTION 1. In Colorado Revised Statutes, recreate and2
6767 reenact, with amendments, article 11.6 of title 29 as follows:3
6868 29-11.6-101. Legislative declaration. (1) T
6969 HE GENERAL4
7070 ASSEMBLY FINDS AND DECLARES THAT :5
7171 (a) F
7272 OOD TRUCKS ARE A GROWING PART OF THE COLORADO6
7373 ECONOMY;7
7474 HB25-1295-2- (b) FOOD TRUCKS ARE INHERENTLY MOBILE AND INTENDED TO1
7575 OPERATE IN VARIOUS LOCATIONS ACROSS THE STATE ; AND2
7676 (c) L
7777 AWS IMPOSED AND ADMINISTERED AT THE LOCAL LEVEL3
7878 REQUIRING FOOD TRUCK BUSINESSES TO OBTAIN SEPARATE PERMITS OR4
7979 LICENSES TO OPERATE WITHIN A LOCAL GOVERNMENT 'S JURISDICTION5
8080 IMPOSE INORDINATE BURDENS ON THOSE BUSINESSES .6
8181 29-11.6-102. Definitions. A
8282 S USED IN THIS ARTICLE 11.6, UNLESS7
8383 THE CONTEXT OTHERWISE REQUIRES :8
8484 (1) "B
8585 USINESS LICENSE" MEANS A PERMIT OR DOCUMENT ISSUED9
8686 BY A LOCAL GOVERNMENT THAT AUTHORIZES A FOOD TRUCK TO OPERATE10
8787 AS A BUSINESS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE LOCAL11
8888 GOVERNMENT.12
8989 (2) "F
9090 IRE SAFETY PERMIT" MEANS A PERMIT OR DOCUMENT ISSUED13
9191 BY A LOCAL GOVERNMENT THAT CE RTIFIES THAT A FOOD TRUCK MEETS14
9292 THE LOCAL GOVERNMENT 'S FIRE AND SAFETY STANDARDS AND15
9393 AUTHORIZES AN INDIVIDUAL TO OPERATE THE FOOD TRUCK .16
9494 (3) "F
9595 OOD TRUCK" MEANS A RETAIL FOOD ESTABLISHMENT THAT17
9696 IS PART OF A MOTOR VEHICLE OR IS ON A TRAILER PULLED BY A MOTOR18
9797 VEHICLE FROM WHICH AN INDIVIDUAL PREPARES , COOKS, SELLS, OR19
9898 SERVES FOOD OR BEVERAGES.20
9999 (4) "G
100100 OVERNING BODY" MEANS A BOARD, A COUNCIL, OR ANOTHER21
101101 ELECTED OR APPOINTED BODY IN WHICH THE LEGISLATIVE POWERS OF A22
102102 LOCAL GOVERNMENT ARE VESTED .23
103103 (5) "H
104104 EALTH DEPARTMENT PERMIT " MEANS A PERMIT OR24
105105 DOCUMENT ISSUED BY A LOCAL GOVERNMENT THAT CERTIFIES THAT A25
106106 FOOD TRUCK MEETS THE LOCAL GOVERNMENT 'S HEALTH STANDARDS AND26
107107 AUTHORIZES AN INDIVIDUAL TO OPERATE THE FOOD TRUCK .27
108108 HB25-1295
109109 -3- (6) "LOCAL GOVERNMENT" MEANS AN AUTHORITY, A COUNTY, A1
110110 MUNICIPALITY, A CITY AND COUNTY, A DISTRICT, OR ANOTHER POLITICAL2
111111 SUBDIVISION OF THE STATE OR ANY DEPARTMENT , AGENCY, INSTITUTION,3
112112 OR AUTHORITY OF A COUNTY , A MUNICIPALITY, A CITY AND COUNTY, A4
113113 DISTRICT, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE .5
114114 (7) "M
115115 OTOR VEHICLE" HAS THE MEANING SET FORTH IN SECTION6
116116 42-1-102
117117 (58).7
118118 (8) "R
119119 ECIPROCAL LICENSE AND RECIPROCAL PERMITS " MEANS A8
120120 BUSINESS LICENSE, FIRE SAFETY PERMIT, AND HEALTH DEPARTMENT9
121121 PERMIT, AS THOSE TERMS ARE DEFINED IN THIS SECTION , THAT ARE10
122122 GRANTED BY A LOCAL GOVERNMENT PURSUANT TO SECTION 29-11.6-10311
123123 AND THAT TOGETHER ALLOW A FOOD TRUCK TO OPERATE WITHIN THE12
124124 LOCAL GOVERNMENT 'S JURISDICTION.13
125125 (9) "R
126126 ETAIL FOOD ESTABLISHMENT" HAS THE MEANING SET FORTH14
127127 IN SECTION 25-4-1602 (14).15
128128 29-11.6-103. Food truck operations - reciprocal license and16
129129 reciprocal permits - zoning - fees. (1) Reciprocal license and17
130130 reciprocal permits - fees. (a) U
131131 PON APPLICATION TO A LOCAL18
132132 GOVERNMENT BY AN OWNER OR OPERATOR OF A FOOD TRUCK AND19
133133 SUBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION (1)(b) OF THIS20
134134 SECTION, A LOCAL GOVERNMENT SHALL GRANT A RECIPROCAL BUSINESS21
135135 LICENSE, A RECIPROCAL HEALTH DEPARTMENT PERMIT , AND A RECIPROCAL22
136136 FIRE SAFETY PERMIT TO THE OWNER OR OPERATOR OF THE FOOD TRUCK ,23
137137 WHICH RECIPROCAL LICENSE AND RECIPROCAL PERMITS ALLOW THE24
138138 OWNER OR OPERATOR OF THE FOOD TRUCK TO OPERATE WITHIN THE25
139139 JURISDICTION OF THE LOCAL GOVERNMENT , IF THE OWNER OR OPERATOR26
140140 OF THE FOOD TRUCK SUBMITS THE FOLLOWING DOCUMENTATION TO THE27
141141 HB25-1295
142142 -4- LOCAL GOVERNMENT :1
143143 (I) A
144144 N ACTIVE BUSINESS LICENSE FROM ANOTHER LOCAL2
145145 GOVERNMENT;3
146146 (II) A
147147 N ACTIVE HEALTH DEPARTMENT PERMIT FROM ANOTHER4
148148 LOCAL GOVERNMENT ;5
149149 (III) A
150150 N ACTIVE FIRE SAFETY PERMIT FROM ANOTHER LOCAL6
151151 GOVERNMENT; AND7
152152 (IV) P
153153 AYMENT OF THE APPLICATION FEE , LICENSING FEE, AND8
154154 PERMITTING FEES CHARGED BY THE LOCAL GOVERNMENT PURSUANT TO9
155155 SUBSECTION (1)(c) OF THIS SECTION.10
156156 (b) (I) U
157157 PON REVIEW OF AN APPLICATION SUBMITTED IN11
158158 ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION, A LOCAL12
159159 GOVERNMENT MAY DENY AN APPLICATION IF :13
160160 (A) T
161161 HE OWNER OR OPERATOR OF A FOOD TRUCK HAS NOT14
162162 OBTAINED OR RENEWED A HEALTH DEPARTMENT PERMIT OR FIRE SAFETY15
163163 PERMIT WITHIN THE PAST CALENDAR YEAR ;16
164164 (B) T
165165 HE BUSINESS LICENSE SUBMITTED BY THE OWNER OR17
166166 OPERATOR OF A FOOD TRUCK IS EXPIRED;18
167167 (C) T
168168 HE OWNER OR OPERATOR OF A FOOD TRUCK HAS19
169169 OUTSTANDING FEES , FINES, OR PENALTIES IN ANOTHER LOCAL20
170170 JURISDICTION; OR21
171171 (D) T
172172 HE OWNER OR OPERATOR OF A FOOD TRUCK HAS FAILED A22
173173 HEALTH DEPARTMENT OR FIRE SAFETY INSPECTION WITHIN THE PAST23
174174 CALENDAR YEAR.24
175175 (II) I
176176 F A LOCAL GOVERNMENT DENIES AN APPLICATION IN25
177177 ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS SECTION, THE LOCAL26
178178 GOVERNMENT SHALL PROVIDE WRITTEN NOTICE TO THE APPLICANT27
179179 HB25-1295
180180 -5- STATING THE REASON THAT THE APPLICATION WAS DENIED AND PROVIDE1
181181 THE APPLICANT A CHANCE TO RESUBMIT THE APPLICATION WITH UPDATED2
182182 OR ADDITIONAL INFORMATION .3
183183 (c) (I) A
184184 LOCAL GOVERNMENT THAT GRANTS A RECIPROCAL4
185185 LICENSE AND RECIPROCAL PERMITS PURSUANT TO SUBSECTION (1)(a) OF5
186186 THIS SECTION MAY CHARGE AN APPLICATION FEE TO AN OWNER OR6
187187 OPERATOR OF A FOOD TRUCK THAT APPLIES FOR THE RECIPROCAL LICENSE7
188188 AND RECIPROCAL PERMITS. THE APPLICATION FEE CHARGED BY A LOCAL8
189189 GOVERNMENT MUST NOT EXCEED THE ADMINISTRATIVE COST INCURRED9
190190 BY THE LOCAL GOVERNMENT TO REVIEW THE APPLICATION .10
191191 (II) A
192192 LOCAL GOVERNMENT MAY CHARGE A FEE TO THE OWNER OR11
193193 OPERATOR OF A FOOD TRUCK TO OBTAIN THE RECIPROCAL LICENSE AND12
194194 RECIPROCAL PERMITS; EXCEPT THAT THE FEE MUST NOT EXCEED13
195195 TWENTY-FIVE PERCENT OF THE CUMULATIVE COST OF OBTAINING A14
196196 TYPICAL BUSINESS LICENSE, HEALTH DEPARTMENT PERMIT , AND FIRE15
197197 SAFETY PERMIT FROM THE LOCAL GOVERNMENT .16
198198 (d) (I) A
199199 N OWNER OR OPERATOR OF A FOOD TRUCK THAT HAS BEEN17
200200 GRANTED THE RECIPROCAL LICENSE AND RECIPROCAL PERMITS FROM A18
201201 LOCAL GOVERNMENT IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS19
202202 SECTION MAY OPERATE THE FOOD TRUCK WITHIN THE LOCAL20
203203 GOVERNMENT'S JURISDICTION UNTIL THE EARLIEST EXPIRATION DATE21
204204 STATED ON THE LICENSE OR PERMITS SUBMITTED AS PART OF THE22
205205 APPLICATION SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS23
206206 SECTION.24
207207 (II) A
208208 LOCAL GOVERNMENT MAY REVOKE THE RECIPROCAL25
209209 LICENSE AND RECIPROCAL PERMITS GRANTED TO THE OWNER OR26
210210 OPERATOR OF A FOOD TRUCK IF THE LOCAL GOVERNMENT FINDS THAT THE27
211211 HB25-1295
212212 -6- FOOD TRUCK IS BEING OPERATED IN VIOLATION OF THE ORDINANCES ,1
213213 RESOLUTIONS, REGULATIONS, ZONING CODES, OR OTHER CODES OF THE2
214214 LOCAL GOVERNMENT .3
215215 (e) A
216216 LOCAL GOVERNMENT SHALL REVIEW AN APPLICATION4
217217 SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND ISSUE5
218218 THE DECISION TO APPROVE OR DENY THE APPLICATION WITHIN FOURTEEN6
219219 CALENDAR DAYS AFTER RECEIVING THE APPLICATION .7
220220 (2) Food truck operations - zoning. (a) T
221221 HE GOVERNING BODY8
222222 OF A LOCAL GOVERNMENT SHALL NOT ADOPT OR ENFORCE A RESOLUTION ,9
223223 ORDINANCE, REGULATION, ZONING CODE, OR OTHER CODE THAT:10
224224 (I) P
225225 ROHIBITS OR CONSTRUCTIVELY PROHIBITS AN OWNER OR11
226226 OPERATOR FROM OPERATING A FOOD TRUCK IN A ZONE IN WHICH A FOOD12
227227 ESTABLISHMENT IS A PERMITTED USE OR CONDITIONAL USE ;13
228228 (II) R
229229 ESTRICTS THE TOTAL NUMBER OF DAYS A FOOD TRUCK MAY14
230230 BE OPERATED WITHIN THE LOCAL GOVERNMENT 'S JURISDICTION DURING A15
231231 CALENDAR YEAR; OR16
232232 (III) P
233233 ROHIBITS THE OPERATION OF A FOOD TRUCK WITHIN A17
234234 CERTAIN DISTANCE OF A FOOD ESTABLISHMENT , UNLESS THE SPECIFIED18
235235 DISTANCE IS LESS THAN FIFTY FEET.19
236236 (b) A
237237 RESOLUTION, ORDINANCE, REGULATION, ZONING CODE, OR20
238238 OTHER CODE THAT CONFLICTS WITH SUBSECTION (2)(a) OF THIS SECTION21
239239 AND THAT WAS ADOPTED BY THE GOVERNING BODY OF A LOCAL22
240240 GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IS ONLY23
241241 ENFORCEABLE TO THE EXTENT THAT THE ENFORCEMENT COMPLIES WITH24
242242 SUBSECTION (2)(a) OF THIS SECTION.25
243243 (3) Enforcement. E
244244 XCEPT AS PROVIDED IN SUBSECTION (2)(a) OF26
245245 THIS SECTION, NOTHING IN THIS SECTION PROHIBITS A LOCAL GOVERNMENT27
246246 HB25-1295
247247 -7- FROM ENFORCING THE LOCAL GOVERNMENT 'S ORDINANCES, RESOLUTIONS,1
248248 REGULATIONS, ZONING CODES, OR OTHER CODES RELATED TO THE2
249249 OPERATION OF A FOOD TRUCK.3
250250 SECTION 2. Act subject to petition - effective date -4
251251 applicability. (1) This act takes effect at 12:01 a.m. on the day following5
252252 the expiration of the ninety-day period after final adjournment of the6
253253 general assembly; except that, if a referendum petition is filed pursuant7
254254 to section 1 (3) of article V of the state constitution against this act or an8
255255 item, section, or part of this act within such period, then the act, item,9
256256 section, or part will not take effect unless approved by the people at the10
257257 general election to be held in November 2026 and, in such case, will take11
258258 effect on the date of the official declaration of the vote thereon by the12
259259 governor.13
260260 (2) This act applies to applications submitted and conduct14
261261 occurring on or after the applicable effective date of this act.15
262262 HB25-1295
263263 -8-