§ 23-1 — Exclusions

Sec. 23-1. - Exclusions.

The following types of establishments shall be excluded from regulation and licensing under this chapter 23: (1) Private homes; (2) Personal care boarding homes, as defined in chapter 26 of this Code, that are licensed for less than twenty (20) beds; (3) [Reserved;] (4) Motor vehicles used only for the transport of food; (5) Establishments preparing and serving only hot coffee, hot tea, instant hot beverages, popcorn with no added ingredients other than salt and butter, and nonpotentially hazardous doughnuts or pastries obtained from sources complying with all laws related to food and food labeling; (6) Establishments that handle only nonpotentially hazardous prepackaged food and operations serving only commercially prepared, prepackaged foods requiring no preparation other than the heating of food within its original container or package; (7) Farmers markets and sellers that offer only uncut fresh fruit and vegetables for sale; (8) Automated food merchandising enterprises that supply only prepackaged nonpotentially hazardous food or drink in bottles, cans, or cartons only, and operations that dispense only chewing gum or salted nuts in their natural protective covering; and (9) The donation, preparation, sale, or service of food by a nonprofit or charitable organization in conjunction with an event or celebration if such donation, preparation, sale, or service of food does not exceed the duration of the event or celebration or a maximum of fifty-two (52) days within a calendar year; the event or celebration takes place in the City and County of Denver, and the nonprofit or charitable organization resides or is principally located within the City and County of Denver.

(Ord. No. 97-99, § 1, 2-8-99; Ord. No. 589-10, § 1, 11-1-10)