Colo. Rev. Stat. § 29-11.6-104 – Mobile food establishment operations - Denver retail food license - state health department license - reciprocity between jurisdictions.

[Editor's note: This section is effective January 1, 2026.]

(1) Denver retail food license. (a) The city and county of Denver shall permit the owner or operator of a mobile food establishment that has an active and valid state health department license to operate the mobile food establishment within the jurisdiction of the city and county of Denver if the owner or operator meets the requirements of subsections (1)(b) and (1)(c) of this section.
(b)
1. (I) The owner or operator of a mobile food establishment shall submit to the city and county of Denver, through reasonable electronic means as determined by the city and county of Denver, the following documentation and information at least fourteen calendar days before operating within the jurisdiction of the city and county of Denver:
  1. (A) A copy of the valid state health department license;
  2. (B) A copy of the state health department license application that was submitted to the department or another local government jurisdiction, including any permits that were submitted as part of the application, if the mobile food establishment obtained its initial state health department license within the previous two years and the application materials are readily available to the owner or operator of the mobile food establishment; and
  3. (C) At the request of the city and county of Denver, a summary of any violations committed by the owner or operator of the mobile food establishment within the previous calendar year that were related to the state health department license or operation of the mobile food establishment.
2. (II)
  1. (A) The owner or operator of a mobile food establishment shall display the state health department license in the service window of the mobile food establishment at all times during the operation of the mobile food establishment in the city and county of Denver.
  2. (B) The owner or operator of a mobile food establishment shall maintain all required fire safety permits, including fire safety permits required for flammable operations, within the mobile food establishment and provide the permits upon request during an inspection of the mobile food establishment.
(c)
1. (I) A mobile food establishment that is operating within the jurisdiction of the city and county of Denver pursuant to subsection (1)(a) of this section must be in compliance with all ordinances, resolutions, regulations, zoning codes, health codes, or other codes of the city and county of Denver during operation within the city and county of Denver and is subject to inspection and enforcement by the city and county of Denver.
2. (II) If the city and county of Denver finds that a mobile food establishment with a state health department license and that is operating within its jurisdiction pursuant to subsection (1)(a) of this section is in violation of any applicable state law or of any ordinance, resolution, regulation, zoning code, health code, or other code of the city and county of Denver, the city and county of Denver may:
  1. (A) Prohibit the mobile food establishment from operating within the city and county of Denver until the mobile food establishment passes a health inspection by the city and county of Denver, has paid all fines assessed by the city and county of Denver for the violations, and is found to be in compliance with all applicable state laws and the laws of the city and county of Denver; and
  2. (B) Notify the department of the violations committed by the mobile food establishment while operating in the city and county of Denver.
3. (III) If the department receives notice from the city and county of Denver pursuant to this subsection (1)(c), the department may take enforcement action against a mobile food establishment with a state health department license for the violations.
4. (2) State health department license. (a) The owner or operator of a mobile food establishment that has a valid and active Denver retail food license is considered to have a valid state health department license and is permitted to operate the mobile food establishment within the jurisdiction of another local government.
5. (b)
  1. (I) The owner or operator of a mobile food establishment shall provide, through reasonable electronic means, a copy of the active and valid Denver retail food license to the local government in which the owner or operator intends to operate the mobile food establishment and to the department at least fourteen calendar days before operating within the local government's jurisdiction.
  2. (II) The owner or operator of a mobile food establishment must provide only one copy of the Denver retail food license to the local government per calendar year, unless the Denver retail food license has expired in the time since the owner or operator previously submitted the license to the local government.
  3. (III) A local government may designate the office or department of the local government to which the owner or operator of a mobile food establishment shall submit the copy of the Denver retail food license in accordance with this subsection (2)(b). If the local government does not designate an office or department, the owner or operator of the mobile food establishment shall submit the copy of the Denver retail food license to a relevant office or department.
6. (c)
  1. (I)
    1. (A) A mobile food establishment with a Denver retail food license that is operating in a local government's jurisdiction must be in compliance with all ordinances, resolutions, regulations, zoning codes, or other codes of the local government during operation in that jurisdiction and is subject to inspection and enforcement by the local government.
    2. (B) A mobile food establishment with a Denver retail food license that is found in violation of any ordinance, resolution, regulation, zoning code, or other code of the local government in which it is operating is not permitted to operate within that jurisdiction pursuant to subsection (2)(a) of this section until the mobile food establishment complies with the laws of the local government.
  2. (II)
    1. (A) A mobile food establishment with a Denver retail food license that is operating within the jurisdiction of another local government pursuant to subsection (2)(a) of this section must be in compliance with rules adopted by the department pursuant to section 25-4-1604.
    2. (B) If a local government finds that a mobile food establishment with a Denver retail food license and that is operating within the local government's jurisdiction pursuant to subsection (2)(a) of this section is in violation of the rules adopted by the department pursuant to section 25-4-1604, the local government may prohibit the mobile food establishment from operating within the local government's jurisdiction until the mobile food establishment passes a health inspection by the local government, the department, or another local government that enforces the rules adopted by the department pursuant to section 25-4-1604.

Source: L. 2025: Entire article RC&RE, (HB 25-1295), ch. 214, p. 970, § 1, effective January 1, 2026.