Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes local authorities to impose food delivery fee restrictions.

Highlights:

• Defines “declared public health disaster emergency” as the declared public health disaster emergency to address the COVID-19 pandemic of 2020, as declared by the governor by executive order (Sec. 2).

• Defines “retail food establishment” as a retail food establishment that pays an annual license fee and specifies that the term does not include grocery stores or convenience stores (Sec. 2).

• Defines “third-party food delivery service” as any individual, company, website, mobile application, or another 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 (Sec. 2).

• Authorizes the board of county commissioners of each county and the governing body of each municipality in the state to adopt, administer, and enforce ordinances and resolutions during a declared public health disaster emergency that does the following, including (Sec. 2-3):

• Limiting the amount of fees a third-party food delivery service may charge to a retail food establishment, excluding credit card processing;

• Restricting 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 retail food establishment staff;

• Requiring 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; and

• Restricting a third-party food delivery service’s ability to perform a service for a retail food establishment without the retail food establishment’s consent.

• Specifies that any board of county commissioners or governing body of each municipality that adopts the aforementioned ordinances or resolutions shall be immune from liability for all claims for injury resulting from any economic damage that a party may incur due to the ordinance or resolution (Sec. 2-3).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes local authorities to impose food delivery fee restrictions.

Highlights:

• Defines “declared public health disaster emergency” as the declared public health disaster emergency to address the COVID-19 pandemic of 2020, as declared by the governor by executive order (Sec. 2).

• Defines “retail food establishment” as a retail food establishment that pays an annual license fee and specifies that the term does not include grocery stores or convenience stores (Sec. 2).

• Defines “third-party food delivery service” as any individual, company, website, mobile application, or another 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 (Sec. 2).

• Authorizes the board of county commissioners of each county and the governing body of each municipality in the state to adopt, administer, and enforce ordinances and resolutions during a declared public health disaster emergency that does the following, including (Sec. 2-3):

• Limiting the amount of fees a third-party food delivery service may charge to a retail food establishment, excluding credit card processing;

• Restricting 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 retail food establishment staff;

• Requiring 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; and

• Restricting a third-party food delivery service’s ability to perform a service for a retail food establishment without the retail food establishment’s consent.

• Specifies that any board of county commissioners or governing body of each municipality that adopts the aforementioned ordinances or resolutions shall be immune from liability for all claims for injury resulting from any economic damage that a party may incur due to the ordinance or resolution (Sec. 2-3).

Full Bill Text