C.R.S. 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.

Source: Section 31-15-904 — Third-party food delivery service fee restrictions - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑15‑101
Municipalities bodies politic - powers 31‑15‑102
Review without bond 31‑15‑103
Making of ordinances 31‑15‑104
Powers not exclusive 31‑15‑201
Administrative powers 31‑15‑301
Definitions 31‑15‑302
Financial powers - legislative declaration 31‑15‑401
General police powers 31‑15‑402
Liability for violation of nuisance ordinance 31‑15‑403
Prohibition against the use of restraints on pregnant women in custody 31‑15‑404
Menstrual hygiene products for a person in custody 31‑15‑405
Opioid treatment for a person in custody 31‑15‑406
Incarceration of a person with the capacity for pregnancy 31‑15‑407
Access to criminal history record information - illicit massage businesses - human trafficking - definitions 31‑15‑501
Powers to regulate businesses 31‑15‑601
Building and fire regulations - emission performance standards required - reporting 31‑15‑602
Energy efficient building codes - legislative declaration - definitions - repeal 31‑15‑603
Charging station rules prohibited 31‑15‑701
Necessary buildings 31‑15‑702
Streets and alleys 31‑15‑703
Improvements - petition - construction 31‑15‑704
Collection of assessments 31‑15‑705
Construction of highway - petition - notice - election - tax 31‑15‑706
Railroad track 31‑15‑707
Municipal utilities 31‑15‑708
Water and water systems 31‑15‑709
Sewers and sewer systems 31‑15‑710
Water pollution control 31‑15‑711
Other public improvements 31‑15‑711.5
Municipal jails - sanitary standards 31‑15‑712
Public improvements by contract - cities 31‑15‑713
Power to sell public works - real property 31‑15‑714
Oil and gas leases - unit agreements 31‑15‑715
Legislative declaration concerning landfill gas 31‑15‑716
Municipal authority relating to landfill gas 31‑15‑801
Agreements - ordinance - financing 31‑15‑802
Tax exemption 31‑15‑803
Enforceability 31‑15‑901
Miscellaneous powers 31‑15‑902
Deferred compensation plans 31‑15‑903
Legislative declaration - municipalities - new business facilities - expanded or existing business facilities - incentives - limitations - authority to exceed revenue-raising limitation 31‑15‑904
Third-party food delivery service fee restrictions - definitions 31‑15‑905
Regulation of pesticide use - definitions 31‑15‑1001
Legislative declaration 31‑15‑1002
Definitions 31‑15‑1003
Municipal authority relating to solid waste-to-energy incineration systems 31‑15‑1004
Department of public health and environment rules 31‑15‑1101
Mobile home parks - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 31-15-904’s source at colorado​.gov