2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 15 - EXERCISE OF MUNICIPAL POWERS (§§ 31-15-101 — 31-15-1101) › Part 9 - MISCELLANEOUS POWERS (§§ 31-15-901 — 31-15-905) › Section 31-15-904 - Third-party food delivery service fee restrictions - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Declared public health disaster emergency" means the declared public health disaster emergency to address the COVID-19 pandemic of 2020, as declared by the governor by executive order.
(b)
"Retail food establishment" means a retail food establishment, as defined in section
25-4-1602(14)
, that pays an annual license fee as required by section
25-4-1607(1)(a)
, (1.5)(a)(I), or (1.5)(b)(I). "Retail food establishment" does not include grocery stores or convenience stores.
(c)
"Third-party food delivery service" means any person, company, website, mobile application, or other internet service that offers or arranges for the sale and the same-day delivery or same-day pickup of prepared food or beverages from a retail food establishment.
(2)
During a declared public health disaster emergency, the governing body of each municipality may adopt, administer, and enforce ordinances and resolutions that:
(a)
Limit the amount of the fee that a third-party food delivery service may charge to a retail food establishment, excluding fees related to credit card processing, within the municipality where indoor dining is prohibited and until indoor dining is again permitted in the municipality at a capacity of at least fifty percent or below at the discretion of the municipality;
(b)
Restrict the ability of a third-party food delivery service to reduce the compensation rate paid to a delivery service driver or withhold gratuities or tips to a retail food establishment, its staff, or any delivery service driver to offset revenue reductions resulting from any ordinance or resolution enacted pursuant to subsection (2)(a) of this section;
(c)
Require a third-party food delivery service to disclose to a consumer using the third-party food delivery service to make a purchase from a retail food establishment any commission, fee, or other monetary payment charged by the third-party food delivery service to the retail food establishment for a purchase from the retail food establishment; and
(d)
Restrict a third-party food delivery service's ability to perform a service for a retail food establishment without the retail food establishment's consent.
(3)
A governing body of a municipality that adopts an ordinance or resolution pursuant to subsection (2) of this section is immune from liability for all claims for injury resulting from any economic damage that a party may incur due to the ordinance or resolution except to the extent that the ordinance or resolution is held by a court of competent jurisdiction to constitute a taking of private property in violation of the United States or state constitution.
Added by 2020EX1 Ch. 4,§3, eff. 12/7/2020.
L. 2020, 1st Ex. Sess.: Entire section added, (HB 20B-1005), ch. 4, p. 29, § 3, effective December 7.
For the legislative declaration in HB 20B-1005, see section 1 of chapter 4, Session Laws of Colorado 2020, First Extraordinary Session.