Section 8-4-124 - Third-party food delivery services - prohibitions - penalties - definitions(1) As used in this section, unless the context otherwise requires: (a) "Retail food establishment" means a retail food establishment, as defined in section 25-4-1602(14), that pays an annual license fee as required by section 25-4-1607(1)(a), (1.5)(a)(I), or (1.5)(b)(I). "Retail food establishment" does not include grocery stores or convenience stores.(b) "Third-party delivery service platform" means a third-party food delivery service's online or mobile platform on which a consumer can view and order available products.(c) "Third-party food delivery service" means any company or website, mobile application, or other internet service that offers or arranges for the sale and same-day delivery or same-day pickup of prepared food or beverages from a retail food establishment.(2) A third-party food delivery service shall not take and arrange for the delivery or pickup of an order from a retail food establishment without the retail food establishment's consent.(3) A retail food establishment included on a third-party delivery service platform in violation of subsection (2) of this section may bring an action in a court of competent jurisdiction for damages, a civil penalty not to exceed one thousand dollars per violation, and injunctive relief. The prevailing party in an action brought pursuant to this subsection (3) is entitled to reasonable attorney fees.Added by 2021 Ch. 208,§ 1, eff. 9/7/2021.2021 Ch. 208, was passed without a safety clause. See Colo. Const. art. V, § 1(3).