Security Cameras in Your Restaurant or Bar? To Have or Not To Have.

Author:

• Simone Montoya

Security cameras are widely used in the hospitality industry to promote safety, deter crime, and monitor business operations. Colorado business owners must be aware of state and federal laws governing video surveillance, including where cameras can be placed, whether notice is required, and if law enforcement has the right to access recorded footage. Before installing or updating your surveillance system, consult with an employment attorney or criminal defense attorney to ensure compliance with the law.

Can You Install Security Cameras in Your Restaurant or Bar?

In Colorado, businesses are legally allowed to install security cameras in public areas of their establishments. You can place cameras in dining areas, kitchens, entrances, parking lots, and areas where cash is handled. However, Colorado law prohibits the use of cameras in areas where individuals have a reasonable expectation of privacy, such as bathrooms and dressing rooms.

If your surveillance system records audio, additional legal considerations apply. Colorado is a one-party consent state, meaning at least one party to the conversation must be aware of and consent to the recording. If your cameras could capture private conversations between guests or employees who are unaware of the recording, this could be illegal.

Do You Have to Notify Restaurant Guests About Security Cameras?

You are not required to provide notice to guests for video surveillance in public places. Under Colorado law, a business can install surveillance/security cameras in public places  – the exception being that a camera cannot be installed where one would have a “reasonable expectation of privacy.” Colorado privacy laws prohibit anyone from visually recording another without consent in situations where the person has a reasonable expectation of privacy. (See §18-7-801, C.R.S.).

Additionally, concerning audio recordings, in a one-party consent state such as Colorado, the general rule is that you can record if you are part of the conversation or if you have the consent of at least one party.  As such, if the surveillance footage in the restaurant could capture a private conversation between two guests (neither consenting), it would be illegal.  While it is not required that you notify patrons that the premises are under surveillance, many businesses choose to post a sign indicating this to deter unlawful behavior on or around the premises.

Can the Police Request Your Surveillance Footage?

You can decide whether to share your surveillance footage with law enforcement voluntarily.  You are not obligated to provide it; however, if there is an ongoing criminal investigation and the police believe you have evidence relevant to the investigation, they can always obtain a search warrant and court order for you to turn it over. If you have any concerns that the footage may implicate your business or employees (to civil or criminal liability), you should consult with an attorney.

The Benefits of Security Cameras in Restaurants and Hospitality Businesses

Despite the legal considerations, security cameras offer many benefits to restaurant and bar owners:

• Crime Prevention & Theft Deterrence – Visible cameras deter theft, vandalism, and employee misconduct.
• Protecting Employees and Guests – Security cameras promote a safer workplace and dining environment.
• Reducing Liability Risks – Footage can serve as evidence in slip-and-fall claims, food safety disputes, or allegations of overserving alcohol.
• Monitoring Employee Conduct & Productivity – Cameras can help managers oversee employee behavior, ensure food safety compliance, and improve customer service standards.

Potential Downsides & Legal Risks

While security cameras can be beneficial, there are potential drawbacks if not implemented correctly:

• Privacy Concerns – Employees may feel uncomfortable if they believe they are constantly being watched.
• Legal Violations – Improper use of cameras in private areas or recording conversations without consent can lead to lawsuits and legal penalties.
• Cost Considerations – High-quality surveillance systems with cloud storage, real-time monitoring, and security integrations require upfront investment and ongoing maintenance.

Speak with an Employment Law or Criminal Defense Attorney Before Installing Security Cameras

Security cameras can enhance safety, reduce liability risks, and prevent theft in your restaurant or bar. However, Colorado law places important restrictions on where cameras can be placed and how footage can be used. To ensure compliance with state and federal regulations, meet with an employment attorney or criminal defense attorney before installing surveillance systems.

By taking proactive legal steps, you can use security cameras effectively without exposing your business to unnecessary legal risks. If you are considering security cameras for your establishment or have questions about your current use, now is the time to speak with a Messner Reeves attorney to ensure your business stays compliant and protected.