Food Truck Operations

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.

The bill establishes a definition of "mobile retail food establishment" to mean a retail food establishment that is operated from a vehicle, can change location, and is intended to operate from a commissary kitchen.

The bill also establishes that a fire safety permit that has been issued to a mobile retail food establishment by a local government is valid in any other local government jurisdiction if the fire safety permit was issued:

• By a local government that has adopted the most recent international fire code or a fire code that has incorporated the minimum standards for mobile retail food establishments developed by the division of fire prevention and control; and
• After completing an inspection by a certified fire inspector.

The bill requires that a mobile retail food establishment send a copy of the fire safety permit to the local government in which they intend to operate at least 14 days in advance of operation. While operating in a local government's jurisdiction, the mobile retail food establishment must comply with that local government's fire safety code and is subject to inspection and enforcement by the local government.

The bill authorizes the division of fire prevention and control to adopt minimum codes and standards for the operation of mobile retail food establishments for use by local governments.

The bill establishes a reciprocal food safety license between the city and county of Denver (Denver) and other local governments throughout the state. Under current law, the department of public health and environment (CDPHE) issues a statewide health department license (state license) based on the state health code to mobile retail food establishments that is valid in all local government jurisdictions throughout the state except for Denver. Denver issues a Denver-specific food safety license (Denver license) based on Denver's health code to mobile retail food establishments that is only valid within Denver's jurisdiction. The bill establishes reciprocity between these two licenses so that the state license is valid in Denver and the Denver license is valid across the state.

The bill requires the owner or operator of a mobile retail food establishment that wishes to take advantage of this reciprocity to provide a copy of either their Denver license or the state license to the local government in which they intend to operate or to Denver at least 14 days in advance. When a mobile retail food establishment is operating in a local government jurisdiction, including Denver's jurisdiction, the mobile retail food establishment must comply with all laws of the local government and is subject to inspection and enforcement by the local government.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)