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Commerce City staff to amend outdoor vendor code to comply with HB25-1295; council raises enforcement and school safety questions
Summary
Commerce City staff told council they will update the outdoor vendor code to comply with House Bill 25-1295, adding clearer definitions, accepting out-of-jurisdiction safety permits and proposing a single citywide license for mobile vendors.
Assistant City Manager Dylan Gibson briefed Commerce City council on proposed updates to the city's outdoor vendor licensing code to align with House Bill 25-1295, the state law signed May 20, 2025 that requires municipalities to accept qualifying safety permits issued by other jurisdictions.
Gibson told council the city clerk's office recommends several changes while "digging under the hood" of section 9-3,300 of the Commerce City Revised Municipal Code: add explicit definitions (mobile food truck vs. outdoor vendor vs. commissary), accept out-of-jurisdiction fire and health safety permits, establish that a single city license will cover all locations within Commerce City (rather than one license per location), and require a completed application no later than 14 calendar days before an event.
Staff also proposed removing the existing 300-foot school-hour setback during organized events to allow food trucks at school events and other organized neighborhood activities, provided the event organizer supplies a site diagram and property-owner permission. Gibson said the proposed changes will be brought back as an ordinance for first reading, likely Dec. 1, and staff will then update website materials and reach out to current vendors.
Council members voiced concerns about the potential health, odor and traffic impacts if setbacks are temporarily relaxed for events near residences; they stressed that an event diagram and strict enforcement must be part of the approval to prevent vendors from operating outside designated areas. Several members also emphasized fairness and enforcement: licensed vendors should not be disadvantaged by unpermitted sellers operating on weekends or along major corridors.
Gibson said the city will continue to require evidence of fire and health permits as part of the application (the change is to accept equivalent safety permits from other Colorado jurisdictions), and that code enforcement is ramping up spot enforcement of unpermitted activity.
No ordinance was adopted at the study session. Staff requested council direction and said they would return with an ordinance that implements the state law and the recommended local clarifications for council consideration on first reading.
