{"data":{"id":"us-co/c.r.s.-31-15-904","jurisdiction":"us-co","citation":"C.R.S. § 31-15-904","heading":"Third-party food delivery service fee restrictions - definitions.","body":"(1) As used in this section, unless the context otherwise requires:\n\n(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.\n\n(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. \"Retail food establishment\" does not include grocery stores or convenience stores.\n\n(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.\n\n(2) During a declared public health disaster emergency, the governing body of each municipality may adopt, administer, and enforce ordinances and resolutions that:\n\n(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;\n\n(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;\n\n(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\n\n(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.\n\n(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.","path":["Title 31 - GOVERNMENT - MUNICIPAL","Article 15 - Exercise of Municipal Powers","Part 9 - MISCELLANEOUS POWERS"],"source_url":"https://olls.info/crs/crs2026-title-31.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"d15089efc4dc742d2f9685e133b82f70026a6702da0abd83af29084785d4526f","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-31-15-903","next":"us-co/c.r.s.-31-15-905"},"notice":"GroundRules: Original legal text. Not legal advice."}