Retail Food Establishments

A retail food establishment is identified as...

"A retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food."

There are different types of licenses retail food establishments can have depending on what their business model is. The different types of retail food licenses are specified in 25-4-1607 C.R.S.

Some businesses require additional consideration when determining if they meet the definition of a retail food establishment and are licensable in Colorado. These businesses include...

• Wholesale/manufacturing food operations
• School lunch programs
• Breweries
• Small flock processors
• Chile roasters
• Wilderness food service

Further instructions and guidance on considering licensing for these business types can be found by contacting the Las Animas-Huerfano Counties District Health Department and speaking with either Robin Sykes (ext. 623) or Aaron Chavez (ext. 627)

Restaurants

A restaurant is identified as...

"A retail food establishment preparing or serving food in individual portions for immediate on- or off-premises consumption."

Restaurants are brick and mortar facilities that can serve a wide variety of menu items and include...

• Sit-down restaurants
• Fine dining restaurants
• Fast food establishments
• Cafés, sandwich shops, and delicatessens
• Catering operations
• Take-out and delivery establishments

Restaurants are licensed based on the amount of customer seating available in the restaurant space.

• Restaurant (0-100 seats): $385
• Restaurant (101-200 seats): $430
• Restaurant (200+ seats): $465

Limited Food Establishments

A limited food establishment is identified as...

"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 made TCS* foods. This includes...

• A convenience store with a soda fountain and/or reheats prepackaged hot dogs, nacho cheese, or burrito for customer self-service
• A bakery, ice cream shop, or frozen yogurt shop that prepares food that does not require temperature control for safety
• A coffee shop or bar that makes customer beverages

All limited food establishments are assessed a licensing fee of $270

(*TCS = time/temperature control for safety).

Mobile Food Establishments

A mobile food establishment is identified as...

"A mobile unit is a food service operation that is operated from a movable motor driven or propelled vehicle, portable structure, or watercraft and that can change location. Mobile units may fit into either a Full service, or Limited/pre-packaged."

Mobile food establishments are generally required to operate in conjunction with a commissary food preparation/storage facility and must obtain water from an approved public water source. Disposal of wastewater, cleaning equipment, and food preparation methods may also require additional consideration. These facilities include...

• Food trucks and trailers
• Push carts

Mobile food establishments are licensed based on the extent of food preparation:

• Full service: $385
• Limited/Pre-packaged: $270

Personal Chefs

Private chefs, serving as a personal chef to only a family and their guests (preparing all the food in the family’s home), are not required to hold a retail food license. Chefs who prepare any of the food outside of the family's home are no longer operating as a personal chef and must obtain a retail food license.

Licensable activities include...

• Providing food to events that are open to the public
• Preparing food for a public special event
• Catering public and private events
• Preparing foods intended to be sold through an online store or delivery service

Personal chefs that are preparing food for the public are licensed based on the extent of food preparation:

• Full service: $385
• Limited/Pre-packaged: $270

Grocery Stores

A grocery store is identified as...

"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."

Grocery stores are brick and mortar facilities that offer foods for customer sale that also require temperature control for safety and includes...

• A grocery store that sells refrigerated food like bacon, eggs, or milk
• A campground general store or fishing tackle shop that sells refrigerated foods

Grocery stores are licensed based on their size:

• Less than 15,001 square feet: $195
• Over 15,000 square feet: $353

Grocery Stores with Deli

Grocery stores with a deli offer prepackaged foods for sale and also prepare, assemble, or serve food for immediate consumption. These facilities include...

• A convenience store that is preparing/assembling sandwiches or pizza
• A grocery store with counter service for deli meats, seafood, or cooked foods
• A market that also has a soup buffet

Grocery stores with deli are licensed based on their size:

• Less than 15,001 square feet: $375
• Over 15,000 square feet: $715