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HomeMy WebLinkAboutR19-065 Adopting Cigarette, Tobacco Product, and Nicotine Product Retail Business Licensing Regulations Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2019-a 5 A RESOLUTION ADOPTING EAGLE COUNTY CIGARETTE, TOBACCO PRODUCT, AND NICOTINE PRODUCT RETAIL BUSINESS LICENSING REGULATIONS WHEREAS, the Eagle County Board of Commissioners is authorized by statute,including through Sections 18-13-121 and 30-15-401 of the Colorado Revised Statutes, to regulate the sale of cigarettes,tobacco products, or nicotine products and to regulate the sale of such products in a manner more stringent than provided for in Section 18-13-121(3); and WHEREAS, C.R.S. § 39-28-112 authorizes a county to impose,levy, and collect a special sales tax upon sales of cigarettes,tobacco products, or nicotine products and to use the proceeds for local and governmental purposes; and WHEREAS, The Board of County Commissioners recognizes that cigarettes, tobacco products, and nicotine products are designed and manufactured to be both enticing and addictive to young people, such that it promotes initiation of such products' use,and once initiated, leads to dependence and difficulty quitting; and WHEREAS,teen tobacco and nicotine use continues to be a top public health concern nationwide and in Eagle County and according to the November 2017 Healthy Kids Colorado survey, both cigarette and vaping use by Eagle Valley yopfhs}s on the rise; and WHEREAS, 39.3 percent of high schoolers reported use of vaping products within the past 30 days, compared to 27.1 percent in 2015;and WHEREAS, 13.1 percent of high schoolers reported smoking'cigarettes within the past 30 days, compared to 10.5 percent in 2015; and WHEREAS,the use of electronic nicotine delivery systems among middle and high school students in the United States between 2011 and 2015 increased by more than 800 percent; and WHEREAS, approximately 96 percent of smokers begin smoking before the age of 21, and smokers frequently transition from,experimentation to addiction between the ages of 18 and 21; and • . 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WHEREAS, Eagle County teens are asking for the County to take action on smoking and vaping, and several high schoolers have made presentations to Eagle County and towns about the impact of vaping in their schools; and WHEREAS, prohibiting the sale of cigarettes, tobacco products, or nicotine products to persons 111 under the age of 21 in Eagle County will help prevent young people from becoming addicted to cigarettes, tobacco products, and other nicotine products; and WHEREAS,to effectively prohibit the sale of cigarettes,tobacco products, or nicotine products to persons under the age of 21, Eagle County requires a licensing program; and WHEREAS, Eagle County is considering submitting to voters in November of 2019 a ballot issue proposing a special tax on cigarettes, tobacco products and nicotine products, and in the event such special tax is approved, also will require a licensing program to administer such tax; and WHEREAS, regulating the sale of cigarette,tobacco, and other nicotine products in Eagle County through a licensing program is necessary to protect the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE AND STATE OF COLORADO: THAT,the Eagle County Retail Tobacco Business Licensing Regulations, attached hereto as Exhibit A,are hereby approved and adopted. MOVED, READ AND ADOPTED 17 the Board of County Commissioners of the County of Eagle, State of Colorado, this til ay of August, 2019. • COUNTY OF EAGLE, STATE OF cam, COLORADO,By and Through Its `si• BOARD OF COUNTY COMMISSIONERS I\VA t ATTEST: -/e+ d COLO' By: . Clerk to the Board of e e McQueeney L� • pipr County Commis rs Chair it . A4iI L I Kathy C filer-Henry 1 Commissioner Matt Scl ___ ,_ Commissioner Commissioner J seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: • Commissioner McQueeney Commissioner Chandler-Henry Commissioner Schen " This resolution passed by ( vote of the Board of County Commissioners of the County of Eagle, State of Colorado EXHIBIT A EAGLE COUNTY CIGARETTE,TOBACCO PRODUCT,AND NICOTINE PRODUCT AND TAX LICENSE REGULATIONS Article 1: Purpose. The Board of County Commissioners (the "Board") of Eagle County(the "County")has the authority to enact these Cigarette, Tobacco Product, and Nicotine Product License Regulations (the "Regulations")to protect the health, safety, and welfare of citizens of Eagle County pursuant to the authority granted by the Colorado General Assembly, including C.R.S. §§ 30-15- 401, 39-12-122, and 39-28.5-109. Through enacting the Regulations, the Board intends to restrict the sale of cigarettes,tobacco products, and nicotine products to only those persons who are aged 21 years or over, and to administer a special sales tax on cigarettes,tobacco products, and nicotine products in Eagle County, if such special sales tax is approved by voters. Article 2: Definitions. Cigarette, Tobacco Product, or Nicotine Product means: A. A product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or i B. Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including without limitation an electronic cigarette, cigar, cigarillo, or pipe. C. Except that, "cigarette,tobacco product, or nicotine product"does not mean a product that the food and drug administration of the United States department of health and human services has approved as a tobacco use cessation product. Minor means a person under the age of 21. Article 3: Restriction on the Sale of Cigarettes, Tobacco Products, or Nicotine Products to Minors It is unlawful to sell Cigarettes, Tobacco Products, or Nicotine Products in Eagle County to a Minor. Article 4: Applicability. A. A license is required for the sale of Cigarettes, Tobacco Products;or Nicotine Products by any retailer within unincorporated Eagle County. B. All licensees must comply with these Regulations and all other applicable State and local laws,rules, and regulations, as amended. Article 5: Effective Date. These regulations are effective as of November 1, 2019. Article 6: Local Licensing Administrator. The Board shall be the Local Licensing Administrator and may appoint an individual to serve in this capacity, in the Board's sole discretion. Article 7: Licensing Procedure. A. The Administrator will consider and act upon all license applications as authorized by these regulations. The Administrator will grant, conditionally grant, or deny a license based on the Administrator's investigation and findings, and no public hearing is required. The administrator may deny any application or revoke any license that is not in full compliance with these regulations. B. All applications for licenses must be made upon forms provided by the Administrator and must include any supplemental materials as required by these Regulations. Article 8: Licensing Requirements. Before issuing a local license for the sale of Cigarettes, Tobacco Products, or Nicotine Products, an applicant must provide documents and information necessary for the Administrator to determine that the applicant has met all of the following requirements: A. The applicant has provided a complete application, including the payment of fees; B. For renewals,the applicant has obtained and submitted proof demonstrating the amount of sales of Cigarettes, Tobacco Products, and Nicotine Products for the previous licensed term; C. For renewals,the applicant has paid all applicable local sales taxes for the previous licensed term; D. The applicant has obtained and submitted confirmation that it or an entity associated with the applicant has not violated any federal, state, or local regulations pertaining to the sale of Cigarettes, Tobacco Products, and Nicotine Products to a person under the minimum age required by those regulations, or a detailed description of how the applicant has satisfactorily corrected and mitigated any past violation; E. The applicant has provided a copy of the applicable state sales tax license for the business; F. The applicant has obtained and submitted any additional materials that, in the discretion of the Administrator, are necessary to make a determination under these Regulations; The Administrator may waive, at its discretion, specific submission requirements. The Administrator may refuse to accept an incomplete application. Article 9: Fees. A. The yearly fee for all licenses is $500. B. The fee for submitting a late renewal application is $250, in addition to the yearly licensing fee. C. The fee for reinstating a license after a suspension is $500. D. All licensing fees offset the actual costs to Eagle County of administering and enforcing these Regulations. Article 10: Changes in License. A. Transfer of Ownership. A licenses issued under these regulations is not transferrable or assignable. Any change of ownership requires a new license. B. Change of Location.A license issued under these regulations is limited to the location specified in the application. Selling Cigarettes, Tobacco Products, or Nicotine Products at a different location requires a new license. A licensing fee paid for a prior location cannot be applied to a new location. Article 11: Term of License and Renewal. All licenses are valid for one year from the date of issuance. Licensees should submit renewal applications at least thirty days before the expiration of a license. Article 12: Violations. The Administrator, in its reasonable discretion, may enforce these regulations through any reasonable means, including through suspending or revoking a license or offering to accept a payment in lieu of suspension or by pursuing any other legal remedies available. The Administrator may ensure compliance, including through investigatory methods including spot checks of businesses. If the Administrator finds a violation, it shall document the violation and notify the licensee in writing of any action required to correct the violation, or of any suspension, revocation, or fine as a result.Notifications and decisions of the Administrator will be mailed to the address submitted to the Administrator on the most recent application, by posting on the premises, or by personal service.Notification shall be deemed received three (3)business days after mailing by United States Mail, or on the day it is posted on the premises or delivered by personal service. Article 13: Denial of a License or Renewal. The Administrator may deny a license or renewal for the following reasons: A. Submitting an incomplete application; B. Violating these Regulations; C. Failing to timely remit any required special sales tax. Article 14: Decision and Appeal. Decisions of the Administrator regarding an application, renewal, suspension, or revocation will be issued in writing specifying the reasons for the decision. Within ten days of a decision, the application or license holder may request that the Administrator reconsider its decision by submitting a letter to the Administrator stating the grounds for the request. The Administrator may deny the request or issue a revised decision. Such decision shall constitute a final decision by the Administrator. A final decision by the Administrator is appealable to the Eagle County Board of County Commissioners, unless a separate Administrator has not been appointed. The party appealing the decision has the burden to demonstrate by a preponderance of the evidence that it has not committed a violation or that it is qualified to hold a license. Article 15: Entitlements. A license granted under these Regulations does not constitute an entitlement or vested right to any person. Article 16: Severability. If any provision of these regulations is invalidated by a court of competent jurisdiction, only the provision subject to the court's decision will be appealed or amended.All other provisions remain in full force and effect.