(1) As used in this section, unless the context otherwise requires:
"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.
"Retail food establishment" means a retail food establishment, as defined in section25-4-1602 (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.
"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:
Limit the amount of the fee that a third-party food delivery service may charge to aretail 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;
Restrict the ability of a third-party food delivery service to reduce the compensationrate 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;
Require a third-party food delivery service to disclose to a consumer using the thirdparty 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
Restrict a third-party food delivery service's ability to perform a service for a retailfood 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: L. 2020, 1st Ex. Sess.: Entire section added, (HB 20B-1005), ch. 4, p. 29, § 3, effective December 7.
Cross references: For the legislative declaration in HB 20B-1005, see section 1 of chapter 4, Session Laws of Colorado 2020, First Extraordinary Session.