First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0880.01 Christopher McMichael x4775
HOUSE BILL 25-1295
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE OPERATION OF FOOD TRUCKS , AND, IN CONNECTION101
THEREWITH, ESTABLISHING A RECIPROCAL LICENSING AND102
PERMITTING SYSTEM BETWEEN LOCAL GOVERNMENT103
JURISDICTIONS FOR THE OPERATION OF FOOD TRUCKS .104
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
HOUSE SPONSORSHIP
Rutinel,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
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:
! 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, recreate and2
reenact, with amendments, article 11.6 of title 29 as follows:3
29-11.6-101. Legislative declaration. (1) T
HE GENERAL4
ASSEMBLY FINDS AND DECLARES THAT :5
(a) F
OOD TRUCKS ARE A GROWING PART OF THE COLORADO6
ECONOMY;7
HB25-1295-2- (b) FOOD TRUCKS ARE INHERENTLY MOBILE AND INTENDED TO1
OPERATE IN VARIOUS LOCATIONS ACROSS THE STATE ; AND2
(c) L
AWS IMPOSED AND ADMINISTERED AT THE LOCAL LEVEL3
REQUIRING FOOD TRUCK BUSINESSES TO OBTAIN SEPARATE PERMITS OR4
LICENSES TO OPERATE WITHIN A LOCAL GOVERNMENT 'S JURISDICTION5
IMPOSE INORDINATE BURDENS ON THOSE BUSINESSES .6
29-11.6-102. Definitions. A
S USED IN THIS ARTICLE 11.6, UNLESS7
THE CONTEXT OTHERWISE REQUIRES :8
(1) "B
USINESS LICENSE" MEANS A PERMIT OR DOCUMENT ISSUED9
BY A LOCAL GOVERNMENT THAT AUTHORIZES A FOOD TRUCK TO OPERATE10
AS A BUSINESS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE LOCAL11
GOVERNMENT.12
(2) "F
IRE SAFETY PERMIT" MEANS A PERMIT OR DOCUMENT ISSUED13
BY A LOCAL GOVERNMENT THAT CE RTIFIES THAT A FOOD TRUCK MEETS14
THE LOCAL GOVERNMENT 'S FIRE AND SAFETY STANDARDS AND15
AUTHORIZES AN INDIVIDUAL TO OPERATE THE FOOD TRUCK .16
(3) "F
OOD TRUCK" MEANS A RETAIL FOOD ESTABLISHMENT THAT17
IS PART OF A MOTOR VEHICLE OR IS ON A TRAILER PULLED BY A MOTOR18
VEHICLE FROM WHICH AN INDIVIDUAL PREPARES , COOKS, SELLS, OR19
SERVES FOOD OR BEVERAGES.20
(4) "G
OVERNING BODY" MEANS A BOARD, A COUNCIL, OR ANOTHER21
ELECTED OR APPOINTED BODY IN WHICH THE LEGISLATIVE POWERS OF A22
LOCAL GOVERNMENT ARE VESTED .23
(5) "H
EALTH DEPARTMENT PERMIT " MEANS A PERMIT OR24
DOCUMENT ISSUED BY A LOCAL GOVERNMENT THAT CERTIFIES THAT A25
FOOD TRUCK MEETS THE LOCAL GOVERNMENT 'S HEALTH STANDARDS AND26
AUTHORIZES AN INDIVIDUAL TO OPERATE THE FOOD TRUCK .27
HB25-1295
-3- (6) "LOCAL GOVERNMENT" MEANS AN AUTHORITY, A COUNTY, A1
MUNICIPALITY, A CITY AND COUNTY, A DISTRICT, OR ANOTHER POLITICAL2
SUBDIVISION OF THE STATE OR ANY DEPARTMENT , AGENCY, INSTITUTION,3
OR AUTHORITY OF A COUNTY , A MUNICIPALITY, A CITY AND COUNTY, A4
DISTRICT, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE .5
(7) "M
OTOR VEHICLE" HAS THE MEANING SET FORTH IN SECTION6
42-1-102
(58).7
(8) "R
ECIPROCAL LICENSE AND RECIPROCAL PERMITS " MEANS A8
BUSINESS LICENSE, FIRE SAFETY PERMIT, AND HEALTH DEPARTMENT9
PERMIT, AS THOSE TERMS ARE DEFINED IN THIS SECTION , THAT ARE10
GRANTED BY A LOCAL GOVERNMENT PURSUANT TO SECTION 29-11.6-10311
AND THAT TOGETHER ALLOW A FOOD TRUCK TO OPERATE WITHIN THE12
LOCAL GOVERNMENT 'S JURISDICTION.13
(9) "R
ETAIL FOOD ESTABLISHMENT" HAS THE MEANING SET FORTH14
IN SECTION 25-4-1602 (14).15
29-11.6-103. Food truck operations - reciprocal license and16
reciprocal permits - zoning - fees. (1) Reciprocal license and17
reciprocal permits - fees. (a) U
PON APPLICATION TO A LOCAL18
GOVERNMENT BY AN OWNER OR OPERATOR OF A FOOD TRUCK AND19
SUBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION (1)(b) OF THIS20
SECTION, A LOCAL GOVERNMENT SHALL GRANT A RECIPROCAL BUSINESS21
LICENSE, A RECIPROCAL HEALTH DEPARTMENT PERMIT , AND A RECIPROCAL22
FIRE SAFETY PERMIT TO THE OWNER OR OPERATOR OF THE FOOD TRUCK ,23
WHICH RECIPROCAL LICENSE AND RECIPROCAL PERMITS ALLOW THE24
OWNER OR OPERATOR OF THE FOOD TRUCK TO OPERATE WITHIN THE25
JURISDICTION OF THE LOCAL GOVERNMENT , IF THE OWNER OR OPERATOR26
OF THE FOOD TRUCK SUBMITS THE FOLLOWING DOCUMENTATION TO THE27
HB25-1295
-4- LOCAL GOVERNMENT :1
(I) A
N ACTIVE BUSINESS LICENSE FROM ANOTHER LOCAL2
GOVERNMENT;3
(II) A
N ACTIVE HEALTH DEPARTMENT PERMIT FROM ANOTHER4
LOCAL GOVERNMENT ;5
(III) A
N ACTIVE FIRE SAFETY PERMIT FROM ANOTHER LOCAL6
GOVERNMENT; AND7
(IV) P
AYMENT OF THE APPLICATION FEE , LICENSING FEE, AND8
PERMITTING FEES CHARGED BY THE LOCAL GOVERNMENT PURSUANT TO9
SUBSECTION (1)(c) OF THIS SECTION.10
(b) (I) U
PON REVIEW OF AN APPLICATION SUBMITTED IN11
ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION, A LOCAL12
GOVERNMENT MAY DENY AN APPLICATION IF :13
(A) T
HE OWNER OR OPERATOR OF A FOOD TRUCK HAS NOT14
OBTAINED OR RENEWED A HEALTH DEPARTMENT PERMIT OR FIRE SAFETY15
PERMIT WITHIN THE PAST CALENDAR YEAR ;16
(B) T
HE BUSINESS LICENSE SUBMITTED BY THE OWNER OR17
OPERATOR OF A FOOD TRUCK IS EXPIRED;18
(C) T
HE OWNER OR OPERATOR OF A FOOD TRUCK HAS19
OUTSTANDING FEES , FINES, OR PENALTIES IN ANOTHER LOCAL20
JURISDICTION; OR21
(D) T
HE OWNER OR OPERATOR OF A FOOD TRUCK HAS FAILED A22
HEALTH DEPARTMENT OR FIRE SAFETY INSPECTION WITHIN THE PAST23
CALENDAR YEAR.24
(II) I
F A LOCAL GOVERNMENT DENIES AN APPLICATION IN25
ACCORDANCE WITH SUBSECTION (1)(b)(I) OF THIS SECTION, THE LOCAL26
GOVERNMENT SHALL PROVIDE WRITTEN NOTICE TO THE APPLICANT27
HB25-1295
-5- STATING THE REASON THAT THE APPLICATION WAS DENIED AND PROVIDE1
THE APPLICANT A CHANCE TO RESUBMIT THE APPLICATION WITH UPDATED2
OR ADDITIONAL INFORMATION .3
(c) (I) A
LOCAL GOVERNMENT THAT GRANTS A RECIPROCAL4
LICENSE AND RECIPROCAL PERMITS PURSUANT TO SUBSECTION (1)(a) OF5
THIS SECTION MAY CHARGE AN APPLICATION FEE TO AN OWNER OR6
OPERATOR OF A FOOD TRUCK THAT APPLIES FOR THE RECIPROCAL LICENSE7
AND RECIPROCAL PERMITS. THE APPLICATION FEE CHARGED BY A LOCAL8
GOVERNMENT MUST NOT EXCEED THE ADMINISTRATIVE COST INCURRED9
BY THE LOCAL GOVERNMENT TO REVIEW THE APPLICATION .10
(II) A
LOCAL GOVERNMENT MAY CHARGE A FEE TO THE OWNER OR11
OPERATOR OF A FOOD TRUCK TO OBTAIN THE RECIPROCAL LICENSE AND12
RECIPROCAL PERMITS; EXCEPT THAT THE FEE MUST NOT EXCEED13
TWENTY-FIVE PERCENT OF THE CUMULATIVE COST OF OBTAINING A14
TYPICAL BUSINESS LICENSE, HEALTH DEPARTMENT PERMIT , AND FIRE15
SAFETY PERMIT FROM THE LOCAL GOVERNMENT .16
(d) (I) A
N OWNER OR OPERATOR OF A FOOD TRUCK THAT HAS BEEN17
GRANTED THE RECIPROCAL LICENSE AND RECIPROCAL PERMITS FROM A18
LOCAL GOVERNMENT IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS19
SECTION MAY OPERATE THE FOOD TRUCK WITHIN THE LOCAL20
GOVERNMENT'S JURISDICTION UNTIL THE EARLIEST EXPIRATION DATE21
STATED ON THE LICENSE OR PERMITS SUBMITTED AS PART OF THE22
APPLICATION SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS23
SECTION.24
(II) A
LOCAL GOVERNMENT MAY REVOKE THE RECIPROCAL25
LICENSE AND RECIPROCAL PERMITS GRANTED TO THE OWNER OR26
OPERATOR OF A FOOD TRUCK IF THE LOCAL GOVERNMENT FINDS THAT THE27
HB25-1295
-6- FOOD TRUCK IS BEING OPERATED IN VIOLATION OF THE ORDINANCES ,1
RESOLUTIONS, REGULATIONS, ZONING CODES, OR OTHER CODES OF THE2
LOCAL GOVERNMENT .3
(e) A
LOCAL GOVERNMENT SHALL REVIEW AN APPLICATION4
SUBMITTED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND ISSUE5
THE DECISION TO APPROVE OR DENY THE APPLICATION WITHIN FOURTEEN6
CALENDAR DAYS AFTER RECEIVING THE APPLICATION .7
(2) Food truck operations - zoning. (a) T
HE GOVERNING BODY8
OF A LOCAL GOVERNMENT SHALL NOT ADOPT OR ENFORCE A RESOLUTION ,9
ORDINANCE, REGULATION, ZONING CODE, OR OTHER CODE THAT:10
(I) P
ROHIBITS OR CONSTRUCTIVELY PROHIBITS AN OWNER OR11
OPERATOR FROM OPERATING A FOOD TRUCK IN A ZONE IN WHICH A FOOD12
ESTABLISHMENT IS A PERMITTED USE OR CONDITIONAL USE ;13
(II) R
ESTRICTS THE TOTAL NUMBER OF DAYS A FOOD TRUCK MAY14
BE OPERATED WITHIN THE LOCAL GOVERNMENT 'S JURISDICTION DURING A15
CALENDAR YEAR; OR16
(III) P
ROHIBITS THE OPERATION OF A FOOD TRUCK WITHIN A17
CERTAIN DISTANCE OF A FOOD ESTABLISHMENT , UNLESS THE SPECIFIED18
DISTANCE IS LESS THAN FIFTY FEET.19
(b) A
RESOLUTION, ORDINANCE, REGULATION, ZONING CODE, OR20
OTHER CODE THAT CONFLICTS WITH SUBSECTION (2)(a) OF THIS SECTION21
AND THAT WAS ADOPTED BY THE GOVERNING BODY OF A LOCAL22
GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IS ONLY23
ENFORCEABLE TO THE EXTENT THAT THE ENFORCEMENT COMPLIES WITH24
SUBSECTION (2)(a) OF THIS SECTION.25
(3) Enforcement. E
XCEPT AS PROVIDED IN SUBSECTION (2)(a) OF26
THIS SECTION, NOTHING IN THIS SECTION PROHIBITS A LOCAL GOVERNMENT27
HB25-1295
-7- FROM ENFORCING THE LOCAL GOVERNMENT 'S ORDINANCES, RESOLUTIONS,1
REGULATIONS, ZONING CODES, OR OTHER CODES RELATED TO THE2
OPERATION OF A FOOD TRUCK.3
SECTION 2. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly; except that, if a referendum petition is filed pursuant7
to section 1 (3) of article V of the state constitution against this act or an8
item, section, or part of this act within such period, then the act, item,9
section, or part will not take effect unless approved by the people at the10
general election to be held in November 2026 and, in such case, will take11
effect on the date of the official declaration of the vote thereon by the12
governor.13
(2) This act applies to applications submitted and conduct14
occurring on or after the applicable effective date of this act.15
HB25-1295
-8-