(1) Beginning
January 1, 2019, and ending December 31, 2025, each retail food establishment in
this state shall be assessed an annual license fee as follows:
(a) A retail food establishment preparing or serving food in individual
portions for immediate on- or off-premises consumption shall be assessed an
annual fee based on the following schedule:
Seating Capacity Fee
0 to 100 $ 385
101 to 200 430
Over 200 465
(a.5) A retail food establishment limited to preparing or serving food that
does not require time or temperature control for safety, providing self-service
beverages, offering prepackaged commercially prepared food and beverages
requiring time or temperature control, or only reheating commercially prepared
foods that require time or temperature control for safety for retail sale to
consumers shall be assessed an annual fee of two hundred seventy dollars.
(b) A retail food establishment only offering prepackaged commercially
prepared food and beverages, including those that are required to be held at
refrigerated or frozen time or temperature control for safety for retail sale to
consumers for off-premises consumption, shall be assessed an annual fee based on
the following schedule:
Square Footage Fee
Less than 15,001 $ 195
Over 15,000 353
(c) A retail food establishment offering food for retail sale to consumers for
off-premises consumption and preparing or serving food in individual portions for
immediate consumption either on- or off-premises shall be assessed an annual fee
based on the following schedule:
Square Footage Fee
Less than 15,001 $ 375
Over 15,000 715
(c.5) A retail food establishment offering food at a temporary living quarter
for workers associated with oil and gas shall be assessed an annual fee of eight
hundred fifty-five dollars.
(d) A retail food establishment is subject to only one of the fees established
in this subsection (1); except that, effective September 1, 2016, the license fees
established for retail food establishments at a special event, as defined in section
25-4-1602 (16), must be established by the county or district public health agency.
(d.5) The fees established in this subsection (1) are effective September 1,
2018, for any new retail food establishment that was not licensed and in operation
prior to that date.
(e) (I) Retail food establishment license fees shall be established pursuant to
this subsection (1); except that:
(A) The city and county of Denver may establish such fees by ordinance; and
(B) A county or district board of health may establish fees that are lower
than the fees listed in this subsection (1) if the county or district board of health is in
compliance with this part 16;
(II) Notwithstanding subparagraph (I) of this paragraph (e), the fees
established in this subsection (1) or by ordinance of the city and county of Denver
shall be the only annual license fees charged by the state or any county, district,
local, or regional inspection authority and shall cover all inspections of a retail food
establishment pursuant to this subsection (1) throughout an annual license period.
(f) This subsection (1) is repealed, effective January 1, 2026.
(1.1) (a) For calendar years 2026, 2027, and 2028 and for each subsequent
calendar year thereafter, each retail food establishment in this state must be
assessed an annual license fee as follows:
(I) A restaurant or caterer shall be assessed the applicable annual fee on or
after the dates listed in the following schedule:
Seating Capacity 1/1/2026 1/1/2027 1/1/2028
0 to 100 $ 481 $ 567 $ 682
101 to 200 $ 538 $ 634 $ 763
Over 200 $ 581 $ 687 $ 826
(II) A limited food service establishment shall be assessed the applicable
annual fee on or after the dates listed in the following schedule:
1/1/2026 1/1/2027 1/1/2028
$ 338 $ 394 $ 475
(III) A grocery store shall be assessed the applicable annual fee on or after
the dates listed in the following schedule:
Square Footage 1/1/2026 1/1/2027 1/1/2028
Less than 15,001 $ 244 $ 282 $ 340
Over 15,000 $ 441 $ 519 $ 624
(IV) A grocery store with deli shall be assessed the applicable annual fee on
or after the dates listed in the following schedule:
Square Footage 1/1/2026 1/1/2027 1/1/2028
Less than 15,001 $ 469 $ 552 $ 664
Over 15,000 $ 894 $ 1,062 $ 1,276
(V) A retail food establishment offering food at a temporary living quarter for
workers associated with oil and gas operations shall be assessed the applicable
annual fee on or after the dates listed in the following schedule:
1/1/2026 1/1/2027 1/1/2028
$ 1,063 $ 1,264 $ 1,519
(VI) A mobile food establishment shall be assessed the applicable annual fee
on or after the dates listed in the following schedule:
Mobile Type 1/1/2026 1/1/2027 1/1/2028
Full Service $ 481 $ 567 $ 682
Prepackaged Food $ 338 $ 394 $ 475
(VII) The fee amounts listed for calendar year 2028 in this subsection (1.1)(a)
apply to calendar year 2029 and to each subsequent calendar year thereafter until
a new fee schedule is established.
(b) (I) A retail food establishment is subject to only one of the fees set forth
in subsection (1.1)(a) of this section.
(II) A county or district public health agency shall establish the license fees
for a retail food establishment at a special event.
(c) (I) The 2026 fee amounts set forth in subsection (1.1)(a) of this section
apply to, and shall be assessed for, a retail food establishment that commences
operations or is newly licensed on or after September 1, 2025.
(II) This subsection (1.1)(c) is repealed, effective January 1, 2026.
(d) (I) Retail food establishment license fees shall be imposed pursuant to
this subsection (1.1); except that:
(A) The city and county of Denver may establish fees by ordinance; and
(B) A county or district board of health may establish fees that are lower
than the fees listed in subsection (1.1)(a) of this section if the county or district
board of health is in compliance with this part 16.
(II) Except as provided in subsection (1.1)(d)(I) of this section, the fees set
forth in subsection (1.1)(a) of this section or by ordinance of the city and county of
Denver must:
(A) Be the only annual license fees charged by the state or by a county,
district, local, or regional inspection authority; and
(B) Cover all inspections required for a retail food establishment throughout
an annual license period.
(1.5) Repealed.
(2) At the time a plan is submitted for review, an application fee of one
hundred fifty-five dollars shall be paid to the department or a county or district
board of health. The fee for plan review and preopening inspection of a new or
remodeled retail food establishment must be the actual cost of such review and
must not exceed nine hundred dollars. Such costs must be payable at the time the
plan is approved and an inspection is completed to determine compliance.
(3) At the time an equipment review is submitted, an application fee of one
hundred fifty-five dollars shall be paid to the department. The fee for equipment
review by the department to determine compliance with applicable standards must
be the actual cost of such review and must not exceed seven hundred seventy-five
dollars. Such costs must be payable when the review is completed.
(4) The fee for an HACCP plan review must not exceed six hundred twenty
dollars. Costs shall be paid at the time the plan is approved and an inspection is
completed.
(5) The fee for services requested by a person seeking department or county
or district board of health review of a potential retail food establishment site must
be one hundred twenty dollars or the actual cost of such review, whichever is
greater. One hundred twenty dollars of such fee shall be billed at the time the
review is requested, and the remainder must be payable when services are
completed.
(6) The fee for food protection services provided to special events shall not
exceed the actual cost of such services and shall be paid by the organizer of such
special event when services are completed.
(7) The fee for any requested service not specifically set forth in this section
shall not exceed the actual cost of such service.
(8) The actual cost of a service shall be established by the department or a
county or district board of health, whichever provided the service.
(9) (a) A certificate of license may be issued to and in the name and address
of any:
(I) Public or nonpublic school for students in kindergarten through twelfth
grade or any portion thereof;
(II) Penal institution;
(III) Nonprofit organization that provides food solely to people who are food
insecure, including, but not limited to, a soup kitchen, food pantry, or home delivery
service; and
(IV) Local government entity or nonprofit organization that donates,
prepares, or sells food at a special event, including, but not limited to, a school
sporting event, firefighters' picnic, or church supper, that takes place in the county
in which the local government entity or nonprofit organization resides or is
principally located.
(b) No institution or organization listed in paragraph (a) of this subsection (9)
shall pay any fee imposed on a retail food establishment pursuant to this section.
(10) (a) County or district boards of health created in part 5 of article 1 of this
title 25 shall collect fees under this section if the county or district boards of health
are authorized by the department to enforce this part 16 and any rules promulgated
pursuant to this part 16.
(b) Repealed.
(11) (Deleted by amendment, L. 2009, (SB 09-223), ch. 255, p. 1155, � 7,
effective May 15, 2009.)
(12) Notwithstanding the amount specified for any fee in this section, the
state board of health by rule or as otherwise provided by law may reduce the
amount of one or more of the fees if necessary pursuant to section 24-75-402 (3),
C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of
one or more of the fees is credited. After the uncommitted reserves of the fund are
sufficiently reduced, the state board of health by rule or as otherwise provided by
law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(13) Legislative declaration - disposition of fee revenue. (a) The general
assembly does not intend for the fees paid by retail food establishments as outlined
in subsections (1) and (1.1) of this section to subsidize inspection or other costs
associated with entities exempt from fees under subsection (9)(a) of this section.
(b) Counties may only spend the increased revenue from the increase of
retail food establishment fees on retail food health-related activities.
(14) Repealed.