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Commerce City staff to align vendor code with state food‑truck law; council weighs resident protections
Summary
Staff recommended updating the outdoor vendor code to implement House Bill 25‑12‑95 (effective 01/01/2026) by accepting other jurisdictions' safety permits, moving to a single city license, introducing a 14‑day event application window and removing some school event setbacks with property‑owner permission; council asked for stronger enforcement and district input on school access.
City staff presented proposed changes to Commerce City’s outdoor vendor (food truck) licensing code to implement House Bill 25‑12‑95 and address local process gaps.
Assistant City Manager Dylan Gibson said the bill—signed by Gov. Polis on May 20, 2025—requires municipalities to accept safety permits issued by other jurisdictions starting Jan. 1, 2026. Gibson proposed several city updates while staff revises code: clearer vendor and commissary definitions; one citywide license instead of a license per location to allow true mobility; a 14‑calendar‑day lead time for event applications; and temporary removal of some school and residential setbacks for organized events when a site plan and property‑owner permission are provided.
"The bill was signed by Governor Polis on 05/20/2025," Gibson told council and noted staff’s intent to return an ordinance for first reading around Dec. 1 that would include the state‑required changes and staff’s recommended clarifications.
Council members voiced two consistent concerns: resident impacts and consistent enforcement. Council member Teeter asked how residents’ rights would be preserved if setbacks are temporarily removed for events, citing smoke and proximity risks for medically vulnerable neighbors; Gibson said organized‑event applications will be required to include a diagram of vendor placement and that code enforcement would verify compliance with the approved layout. Several council members asked staff to solicit reactions from local school districts (Adams 14 and 27J) before finalizing the removal of school‑hour setbacks.
Gibson said flea markets would remain exempt from a per‑vendor licensing requirement because those events operate under an existing remittance agreement that aggregates vendors for sales tax purposes. Staff also explained that the city does not conduct health or fire inspections directly but will require vendors to submit valid fire and health permits from their permitting jurisdiction as part of the safety‑permit acceptance.
Council asked for firm enforcement measures so licensed vendors do not compete unfairly with unlicensed sellers; staff said code enforcement recently moved to a weekend rotation and that spot enforcement has changed vendor culture in pilot efforts.
Next steps: staff will prepare an ordinance reflecting HB 25‑12‑95 compliance and the clerk’s proposed updates for first reading in early December, solicit school district feedback on setbacks and conduct outreach to existing vendors on the code changes.
