(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. 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 board of county commissioners of each county may adopt, administer, and enforce ordinances and resolutions, applying to the county's unincorporated area only, 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 county where indoor dining is prohibited and until indoor dining is again permitted in the county at a capacity of at least fifty percent or below at the discretion of the county;
(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 board of county commissioners 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. 27, � 2, effective December 7. L. 2025: (1)(b) amended, (SB 25-285), ch. 296, p. 1518, � 7, effective August 6.
Cross references: For the legislative declaration in HB 20B-1005, see section 1 of chapter 4, Session Laws of Colorado 2020, First Extraordinary Session.
30-11-130. Equipping wind-powered energy generation facilities with light mitigating technology - enforcement - definitions. (1) A board may adopt and enforce an ordinance or resolution authorizing the board to impose a civil penalty on the owner or operator of a new wind-powered energy generation facility in the amount of one thousand dollars per day if the board determines that the owner or operator of the facility was required to, but failed to, comply with section 38-30.7-106.
(2) One or more contiguous counties and any municipality within each county may enter into an intergovernmental agreement to extend the applicability of any ordinance or resolution adopted under this section to and throughout a participating county or municipality.
(3) As used in this section, unless the context otherwise requires:
(a) Board means the board of county commissioners in the county in which a wind-powered energy generation facility is located or will be located.
(b) Wind-powered energy generation facility or facility means a facility, with a nameplate capacity of fifty kilowatts or greater, used in the generation of electricity by means of turbines or other devices that capture and employ the kinetic energy of the wind.
Source: L. 2022: Entire section added, (SB 22-110), ch. 462, p. 3277, � 2, effective August 10.