§ 25-4-1606 — Licensure - exception

Colorado § 25-4-1606

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Disease Control

Text

(1) An application for a license or a
certificate of license shall be filed with the department or a county or district board
of health before any person may operate a retail food establishment in this state.
The application shall be on a form supplied by the department and shall include
such information as the department may require.

(2) Before granting any license or certificate of license, the department or a
county or district board of health may conduct an inspection of the retail food
establishment to determine compliance with the rules promulgated by the
department. If the applicant appears to be in compliance with the rules and with the
applicable provisions of this part 16, the department or a county or district board of
health shall approve the application for a license or certificate of license.

(2.5) If the applicant is found to be in violation of section 25-4-1610 (1)(c)
during a preoperational inspection, and the applicant is unable to correct the
violation while the inspector is on site, a reinspection shall be conducted for the
purpose of granting a license or certificate of license.

(3) Every license and certificate of license granted pursuant to this section
shall specify the date granted, the period of coverage, the name of the licensee,
and the name and address of the licensed establishment. All licenses shall be
conspicuously displayed at all times in the licensed establishment.

(4) Licenses and certificates of license shall be valid for one calendar year or
such portion thereof as remains after the granting of a license or certificate. When
a license or certificate is valid for only a portion of a calendar year, there shall be no
reduction of the fees required by section 25-4-1607. All licenses and certificates of
license shall expire December 31 of the year in which they were granted and
renewal applications shall be filed with the department during December of each
year. Once a license or certificate of license has been granted, the department or a
county or district board of health shall not refuse to renew such license or
certificate unless the licensee has engaged in an unlawful act set forth in section
25-4-1610 or is in violation of any rules promulgated pursuant to this part 16.

(5) Subsections (1) and (2) of this section shall not apply in the city and
county of Denver, which, by ordinance, may provide for the licensure of retail food
establishments.

Legislative History

Source: L. 98: Entire part R&RE, p. 1249, � 1, effective July 1. L. 2009: (1), (2), and (4) amended and (2.5) added, (SB 09-223), ch. 255, p. 1154, � 6, effective May 15. L. 2016: (2) and (2.5) amended, (HB 16-1401), ch. 367, p. 1542, � 1, effective August 10. L. 2019: (2.5) amended, (HB 19-1014), ch. 11, p. 43, � 3, effective January 1, 2020.