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HomeMy WebLinkAboutR22-079 Amending the Eagle County Cigarette, Tobacco Product, and Nicotine Product and Tax License Regulations DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 Commissioner scherr moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022-079 RESOLUTION AMENDING THE EAGLE COUNTY CIGARETTE,TOBACCO PRODUCT,AND NICOTINE PRODUCT AND TAX LICENSE REGULATIONS WHEREAS, C.R.S. §§ 30-15-401, 39-28-112, 39-28.5-109, and 44-7-105, grant the power and authority to the Eagle County Board of County Commissioners (hereinafter, "the Board")to enact and enforce regulations relating to the sale of cigarettes, tobacco products, or nicotine products; and WHEREAS, on or about August 27, 2019, by Resolution No. 2019-065, the Board adopted the "Cigarette, Tobacco Product, and Nicotine Product Retail Business Licensing Regulations" (hereinafter"Regulations"); and WHEREAS, the Regulations provide in Article 12 that the Administrator "in its reasonable discretion, may enforce these regulations through any reasonable means;" and WHEREAS, the Board desires to amend the Regulations include a schedule of penalties, consistent with Article 12,to provide notice to the public of potential penalties for violation of the Regulations, and to ensure fair and uniform enforcement of the Regulations; and WHEREAS,the Board desires to amend Article 8 of the Regulations to clarify Licensees' ongoing obligation to comply with all applicable federal, state, and local laws. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,pursuant to the authorities cited above,the Board hereby approves and adopts the amended Regulations ("Amended Regulations") incorporated herein as Exhibit "A" ; and THAT, the modifications and amendments set forth in Exhibit A shall be effective as of October 1, 2022. Any notices of violations, fines, suspensions and revocations received prior to this date shall remain in full force and effect; and THAT, should any section, clause, provision, sentence or word in this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable; and DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held on the 27th day of September , 2022. f-- DocuSigned by: � � COUNTY OF EAGLE, STATE OF �4= COLORADO, By and Through Its �- BOARD OF COUNTY COMMISSIONERS ATTEST: \ DocuSigned by:: ,—DocuSigned by: LA re Ehfe4 oa By: �"'""` "lei , IS Board of �'ea cNteiWoeney County Commissioners Chair ,-DocuSigned by: /Li ii '_ thwtha> er-Henry Commissioner DocuSigned by: Matt Sdarr sciNipro473.. Commissioner Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye This resolution passed by 3/° vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 EXHIBIT A AMENDED EAGLE COUNTY CIGARETTE, TOBACCO PRODUCT, AND NICOTINE PRODUCT AND TAX LICENSE REGULATIONS SEPTEMBER 27, 2022 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 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. DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 B. As a condition of licensure, 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 or renewing 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 any 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; DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 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; G. For renewals, the applicant has maintained compliance with all terms and conditions of any sales tax license, retail license, or other permit regarding the sale of Cigarettes, Tobacco Products, or Nicotine Products, including but not limited to the timely collection and remittance of all applicable state and/or local sales taxes, and those regulations related to minimum age requirements for sales. 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, in accordance with the schedule of penalties included herein as DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 Appendix A, 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. DocuSign Envelope ID:74FD2FD2-E095-4A54-9B4A-D5773BE3B653 Appendix A to Amended Eagle County Cigarette, Tobacco Product, and Nicotine Product and Tax License Regulations Schedule of Penalties for Violations The schedule below provides a suggested range of penalties for certain types of violations. However, this schedule of penalties shall not be construed as precluding Administrator from imposing penalties for other violations of federal, state, or local law not listed herein. The Administrator will consider the aggravating and mitigating circumstances surrounding each violation when imposing fines, suspensions, or revocations. These penalties are applicable if Licensees had any violation (local, state, or federal) in the past 36 months, and may be imposed in addition to any penalties imposed by other authorities. Licensees will be subject to inspections conducted annually by Environmental Health, in addition to undercover compliance checks by the sheriffs department. Violation 1st Offense 2nd Offense 3rd Offense Sale to minor Fine-$500.00-$1,000.00 Fine-$1,000.00- Fine$2,000.00-$3,000.00 AND/OR $2,000.00 AND/OR AND/OR Suspension-3 days Suspension-30 days Revocation for 1 year Unlawful Marketing Fine-$500.00-$1,000.00 Fine-$1,000.00- Fine$2,000.00-$3,000.00 AND/OR $2,000.00 AND/OR AND/OR Suspension-3 days Suspension-7 days Revocation for 1 year Unlicensed sale Fine-$500.00-$1,000.00 Fine-$1,000.00- Fine$2,000.00-$3,000.00 AND/OR $2,000.00 AND/OR AND/OR Suspension-N/A Suspension-7 days No license for 3 years Failure to renew Failure to renew within 30-days after the renewal date is considered unlicensed sales. Sales conducted more than 30-days after the renewal date will be considered unlicensed sales. Sales of Loose Fine-$125.00-$250.00 Fine-$250.00-$500.00 Fine-$500.00-$1,000.00 Cigarettes AND/OR AND/OR AND/OR Suspension-N/A Suspension-N/A Suspension-N/A Sales by Person Fine-$125.00-$250.00 Fine-$250.00-$500.00 Fine-$500.00-$1,000.00 Under Eighteen AND/OR AND/OR AND/OR Years of Age Suspension-N/A Suspension-3 days Suspension-7 days Vending Machine Fine-$125.00-$250.00 Fine-$250.00-$500.00 Fine -$500.00-$1,000.00 Sales AND/OR AND/OR AND/OR Suspension-N/A Suspension-N/A Suspension-N/A In the event Licensee has a fourth or subsequent violation, the Administrator may, in their reasonable discretion, revoke their license and/or impose a penalty(including but not limited to suspension or fines) in excess of the ranges listed above.