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Legislative Year: 2025 Change
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Bill Detail: HB25-1295

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Title Food Truck Operations
Status House Second Reading Laid Over Daily - No Amendments (04/06/2025)
Bill Subjects
  • Local Government
  • Public Health
House Sponsors M. Rutinel (D)
Senate Sponsors
House Committee Transportation, Housing and Local Government
Senate Committee
Date Introduced 03/04/2025
AI Summary

Outline of HB25-1295: Statewide Licensing and Regulation of Food Trucks

29-11.6-101. Legislative Declaration

  • Food trucks are a growing part of Colorado’s economy.
  • Food trucks are inherently mobile and meant to operate across multiple jurisdictions.
  • Local government licensing and permitting requirements create unnecessary burdens on food truck businesses.

29-11.6-102. Definitions

  • Business License: Permit issued by a local government to authorize food truck operations.
  • Fire Safety Permit: Certification that a food truck meets local fire and safety standards.
  • Food Truck: A retail food establishment that is part of or attached to a motor vehicle.
  • Governing Body: The legislative authority of a local government.
  • Health Department Permit: Certification that a food truck meets local health standards.
  • Local Government: Any county, municipality, district, or political subdivision of the state.
  • Motor Vehicle: Defined according to state law.
  • Reciprocal License and Permits: Licenses and permits issued by a local government that allow food trucks to operate within its jurisdiction.
  • Retail Food Establishment: Defined under state law.

29-11.6-103. Food Truck Operations - Reciprocal License and Permits - Zoning - Fees

(1) Reciprocal License and Permits - Fees

  • Food trucks must be granted reciprocal business licenses and permits if they provide:
    • A valid business license from another local government.
    • A valid health department permit from another local government.
    • A valid fire safety permit from another local government.
    • Payment of required fees.
  • A local government may deny an application if:
    • The food truck’s health or fire safety permits are expired.
    • The business license is expired.
    • The food truck has outstanding fines or penalties in another jurisdiction.
    • The food truck has failed a health or fire safety inspection in the past year.
  • Fee Limitations:
    • A local government may only charge fees necessary to cover administrative costs.
    • Fees for a reciprocal license and permits must not exceed 25% of the cost of obtaining a full business, health, and fire permit in that jurisdiction.
  • Operating Period:
    • The food truck can operate under the reciprocal license until the earliest expiration date of the submitted permits.
    • A local government may revoke a reciprocal license if the food truck violates local ordinances, zoning, or safety codes.
  • Application Processing:
    • Local governments must review applications within 14 days and issue a decision.

(2) Food Truck Operations - Zoning

  • Local governments cannot prohibit food trucks from operating in any zone where food establishments are permitted.
  • Local governments cannot limit the number of days a food truck operates annually.
  • Local governments cannot impose minimum distance requirements from brick-and-mortar restaurants greater than 50 feet.
  • Any existing zoning restrictions conflicting with these provisions are only enforceable if they comply with this section.

(3) Enforcement

  • Local governments may still enforce other food truck-related ordinances, as long as they do not conflict with this law.

Section 2: Effective Date and Applicability

  • Takes effect 90 days after final adjournment unless a referendum petition is filed.
  • If challenged, the law would be decided by voters in November 2026.
  • Applies to applications submitted and operations occurring on or after the effective date.
Summary

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.
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.

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with Amendments
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