COLORADO CIGARETTE, TOBACCO PRODUCT, AND NICOTINE PRODUCT RETAILER RULES

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Code of Colorado Regulations › 200 Department of Revenue › 203 Liquor and Tobacco Enforcement Division › 1 CCR 203-1

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Text

RETAILER RULES

1 CCR 203-1

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

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Rule 7-100. Definitions.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7- 104(5), 18-13-121(5), 22-33-104(2)(b), 25-14-204(3), 25-14-203(4),

44-3-103(50), and 44-30-103(18), C.R.S. The purpose of this rule is to ensure

consistent application and interpretation of common terms within Article 7 of Title 44 and

these rules.

“Cigarette, tobacco product, or nicotine product” means (1) 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 (2) Any device

that can be used to deliver tobacco or nicotine to the person inhaling from the

device, including an electronic cigarette, cigar, cigarillo, or pipe. Notwithstanding

any provision of this paragraph (A) to the contrary, “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.

“Cigar-Tobacco Bar” means a bar that, in the calendar year ending December

31, 2005, generated at least five percent or more of its total annual gross income

or fifty thousand dollars in annual sales from the on-site sale of tobacco products

and the rental of on-site humidors, not including any sales from vending

machines. In any calendar year after December 31, 2005, a bar that fails to

generate at least five percent of its total annual gross income or fifty thousand

dollars in annual sales from the on-site sale of tobacco products and the rental of

on-site humidors shall not be defined as a “cigar-tobacco bar” and shall not

thereafter be included in the definition regardless of sales figures.

vending

machines. In any calendar year after December 31, 2005, a bar that fails to

generate at least five percent of its total annual gross income or fifty thousand

dollars in annual sales from the on-site sale of tobacco products and the rental of

on-site humidors shall not be defined as a “cigar-tobacco bar” and shall not

thereafter be included in the definition regardless of sales figures.

“Compliance Check” means the Division or local authority engaging a person

under twenty-one years of age to enter a retail location to attempt the purchase

of cigarettes, tobacco products, or nicotine products for purposes of ensuring

compliance with Article 7 of Title 44.

Code of Colorado Regulations

Secretary of State

State of Colorado

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“Division” means the State of Colorado Department of Revenue’s Liquor

Enforcement Division, except as provided otherwise.

“Inspection” means a procedure conducted by the Division or local authority to

determine whether a retailer is operating in compliance with the requirements of

Article 7 of Title 44, the rules promulgated thereunder, or any other applicable

laws and regulations as they relate to the retailer’s sale of cigarettes, tobacco

products, or nicotine products.

“Licensed Gaming Establishment” means any premises licensed pursuant to

Article 30 of Title 44 for the conduct of gaming.

“Minor” means a person under twenty-one (21) years of age.

“Indoor Age Restricted Retailer” means a retailer that sells cigarettes, tobacco

products, or nicotine products for consumers to use at the retail location. The

retailer must comply with the requirements in subsection 25-14-204(3), C.R.S.,

including, but not limited to:

Prohibiting entry by any person under twenty-one (21) years of age; and

Displaying signage in at least one conspicuous place and at least four

inches by six inches in size stating either:

“Smoking allowed

ducts, or nicotine products for consumers to use at the retail location. The

retailer must comply with the requirements in subsection 25-14-204(3), C.R.S.,

including, but not limited to:

Prohibiting entry by any person under twenty-one (21) years of age; and

Displaying signage in at least one conspicuous place and at least four

inches by six inches in size stating either:

“Smoking allowed. Persons under twenty-one (21) years of age

may not enter.”; or

In the case of a retailer that desires to allow the use of ESDs but

not other forms of smoking on the premises, “Vaping allowed.

Persons under twenty-one (21) years of age may not enter.”

“Off-premises Retailer” means a retailer that sells cigarettes, tobacco products,

or nicotine products for consumers to use at a location other than the retail

location.

“Retailer” means the owner or operator of a business of any kind at a specific

location that sells cigarettes, tobacco products, or nicotine products to a user or

consumer.

“Retail Location” means a commercial location that allows customers to enter the

location. A retail location cannot be a residential location.

“School” means a public, parochial, or nonpublic school that provides a basic

academic education in compliance with school attendance laws for students in

grades one through twelve. “Basic academic education” means the sequential

program of instruction provided by an independent or parochial school, and such

program shall include, but not be limited to, communication skills of reading,

writing, and speaking, mathematics, history, civics, literature, and science.

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nts in

grades one through twelve. “Basic academic education” means the sequential

program of instruction provided by an independent or parochial school, and such

program shall include, but not be limited to, communication skills of reading,

writing, and speaking, mathematics, history, civics, literature, and science.

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“Sell” or “sale” means any of the following: To exchange, barter, or traffic in; to

solicit or receive an order for; to keep or expose for sale; to deliver for value or in

any way other than gratuitously; to peddle or to possess with intent to sell; to

traffic in for any consideration promised or obtained, directly or indirectly.

“Tobacco Festival” means an age-restricted, off-site tobacco event pursuant to

section 44-7-105.5, C.R.S., held by a retailer licensed pursuant to section 44-7-

104.5, C.R.S.

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Rule 7-200. Petitions for Statements of Position and Declaratory Orders

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-104(5)(a) and 24-4-105(11), C.R.S. The purpose of this rule is to

establish clear and comprehensive procedures and considerations required for a

statement of position and/or a declaratory order.

Statements of Position. Any person may petition the Division for a statement of

position concerning the applicability to the petitioner of any provision of Article 7

of Title 44 or the rules promulgated pursuant thereto, contained in 1 CCR 203-1.

The petition must include the information set forth in subparagraph (E)(1)-(E)(6)

of this regulation.

Service of Petition for Statement of Position

Statements of Position. Any person may petition the Division for a statement of

position concerning the applicability to the petitioner of any provision of Article 7

of Title 44 or the rules promulgated pursuant thereto, contained in 1 CCR 203-1.

The petition must include the information set forth in subparagraph (E)(1)-(E)(6)

of this regulation.

Service of Petition for Statement of Position. A letter for a petition for a statement

of position shall be served on the Division by mailing or emailing such petition to

the Division with a copy sent on the same date to the local licensing authority in

the county or municipality where the petitioner’s retail location or proposed retail

location is located, if applicable. Each petition for a statement of position shall

contain a certification that the service requirements of this paragraph have been

met.

Time to Respond. The Division shall respond to a petition for a statement of

position in writing setting forth its position and the reasons therefore within forty-

five (45) days of receiving such petition and set forth its position and the reasons

therefore, or the grounds on which the Division declines to provide a statement of

position pursuant to subsection 24-4-105(11), C.R.S., and/or paragraph (G) of

this regulation.

Declaratory Orders. Any person who has petitioned the Division for a statement

of position and who is dissatisfied with the statement of position may petition the

Executive Director within forty-five (45) days of the issuance of the statement of

position, or any amended statement of position, for a declaratory order pursuant

to subsection 24-4-105(11), C.R.S. Any person who has not received a

statement of position response within forty-five (45) days, may petition the

Executive Director for a declaratory order pursuant to subsection 24-4-105(11),

C.R.S. The parties to any petition for a declaratory order pursuant to this rule

shall be the petitioner and the Division.

ent of position, for a declaratory order pursuant

to subsection 24-4-105(11), C.R.S. Any person who has not received a

statement of position response within forty-five (45) days, may petition the

Executive Director for a declaratory order pursuant to subsection 24-4-105(11),

C.R.S. The parties to any petition for a declaratory order pursuant to this rule

shall be the petitioner and the Division.

Requirements for a Petition for a Statement of Position or a Petition for

Declaratory Order. Each petition for a statement of position or petition for a

declaratory order shall set forth the following:

The name and address of the petitioner; whether the petitioner is licensed

pursuant to Article 7 of Title 44 and, if so, the type of license or permit and

address of the retail location.

The statute, rule, or order to which the petition relates.

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A concise statement of all of the facts necessary to show the nature of the

controversy or the uncertainty as to the applicability to the petitioner of the

statute, rule or order to which the petition relates.

A concise statement of the legal authorities if any, and such other reasons

upon which the petitioner relies.

A concise statement of the statement of position or declaratory order

sought by the petitioner.

The Statement of Position previously issued if the petitioner is filing a

Petition for a Declaratory Order.

Service of Petition for Declaratory Order. A petition for a declaratory order shall

be served on the Executive Director by mailing such petition to the Executive

Director with a copy of the petition sent on the same date to the Division, the

local authority in the county or municipality where the petitioner’s retail location or

proposed retail location is located, and to the Revenue & Utilities Section of the

Colorado Department of Law

er. A petition for a declaratory order shall

be served on the Executive Director by mailing such petition to the Executive

Director with a copy of the petition sent on the same date to the Division, the

local authority in the county or municipality where the petitioner’s retail location or

proposed retail location is located, and to the Revenue & Utilities Section of the

Colorado Department of Law. Each petition for a declaratory order shall contain a

certification that the service requirements of this paragraph have been met.

Acceptance. The Division will determine whether to entertain any petition for a

statement of position. The Executive Director will determine whether to entertain

any petition for a declaratory order. If either the Division or the Executive Director

decides it will not entertain a petition, it shall promptly notify the petitioner in

writing of its decision and the reasons for that decision. Any of the following

grounds may be sufficient reason to refuse to entertain a petition:

For a petition for declaratory order, the petitioner has failed to petition the

Division for a statement of position, or if a statement of position has been

issued, the petition for declaratory order was filed with the Executive

Director more than forty-five (45) days after issuance of the statement of

position.

A ruling on the petition will not terminate the controversy nor remove

uncertainties concerning the applicability to the petitioner of the statute,

rule, or order in question.

The petition involves a subject, question or issue which is currently

involved in a court action, an administrative action before the state or any

local licensing authority, an ongoing investigation conducted by the

Division, or a written complaint filed with the Executive Director or

Division.

The petition seeks a ruling on a moot or hypothetical question, having no

applicability to the petitioner.

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rt action, an administrative action before the state or any

local licensing authority, an ongoing investigation conducted by the

Division, or a written complaint filed with the Executive Director or

Division.

The petition seeks a ruling on a moot or hypothetical question, having no

applicability to the petitioner.

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Petitioner has some other adequate legal remedy, other than an action for

declaratory relief pursuant to Colo.R.Civ.P. 57, which will terminate the

controversy or remove any uncertainty concerning the applicability of the

statute, rule, or order.

The petitioner failed to properly serve the petition pursuant to this

regulation.

The petitioner failed to include information required in paragraph (E) of this

regulation.

Determination. If the Executive Director determines that it will entertain the

petition for declaratory order, it shall promptly so notify all parties involved, and

the following procedures shall apply:

The Executive Director may expedite the hearing, where the interests of

the petitioner will not be substantially prejudiced thereby, by ruling on the

basis of the facts and legal authority presented in the petition, or by

requesting the petitioner or the Division to submit additional evidence and

legal argument in writing. Any such request for additional information shall

be served on all parties.

If the Executive Director determines that an evidentiary hearing or legal

argument is necessary to a ruling on the petition, the Executive Director

shall issue a Notice to Set to all parties and on the date so set, a hearing

shall be conducted in conformance with section 24-4-105, C.R.S.

and

legal argument in writing. Any such request for additional information shall

be served on all parties.

If the Executive Director determines that an evidentiary hearing or legal

argument is necessary to a ruling on the petition, the Executive Director

shall issue a Notice to Set to all parties and on the date so set, a hearing

shall be conducted in conformance with section 24-4-105, C.R.S.

In ruling on a petition for declaratory order, the Executive Director may

take administrative notice of general, technical, or scientific facts within its

knowledge, so long as the fact is specified in the record or is brought to

the attention of the parties before final decision and every party is afforded

an opportunity to controvert the fact so noticed.

Every declaratory order shall be promptly decided and issued in writing,

specifying the basis in fact and law for the order.

Any other interested person may seek leave of the Executive Director to

intervene in the proceeding and such leave may be granted if the

Executive Director determines that such intervention will make

unnecessary a separate petition for declaratory order by the interested

person.

A declaratory order shall constitute final agency action subject to judicial

review pursuant to section 24-4-106, C.R.S.

Record Retention and Reliability. Files of all requests, statements of position, and

declaratory orders will be maintained and relied upon by the Division, unless the

statement of position or declaratory order is superseded by a statutory or

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regulatory change, amended by the Division, or amended or reversed by the

Executive Director. Except with respect to any material required by law to be kept

confidential, such files shall be available for public inspection.

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tutory or

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regulatory change, amended by the Division, or amended or reversed by the

Executive Director. Except with respect to any material required by law to be kept

confidential, such files shall be available for public inspection.

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Rule 7-300. Large-Operators.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-104(5)(a)(I), and 44-7-104(5)(a)(II), C.R.S. The purpose of this rule is

to establish large-operator application requirements and associated license fees for

retail locations under the same corporate or business entity.

A retailer that operates more than ten (10) retail locations under the same

corporate or business entity, including franchises, may, subject to the

requirements of this Rule 7-300, apply as a large-operator and use one

application to obtain licenses for each retail location.

A large-operator application shall be made upon forms prescribed by the

Division. The Division will not consider an application that is not complete in

every material detail, or which is not accompanied by the remittance in full of the

whole amount of the large-operator license fee established in Rule 7-500. Every

large-operator application shall identify each retail location operated by the large-

operator and shall include the business address, owner/manager information,

phone number, and email address for each retail location.

The large-operator applicant must provide approved local licenses for any and all

retail locations subject to local licensing with the application.

The large-operator license fee shall be considered a single fee, and it shall be

paid in one transaction

large-

operator and shall include the business address, owner/manager information,

phone number, and email address for each retail location.

The large-operator applicant must provide approved local licenses for any and all

retail locations subject to local licensing with the application.

The large-operator license fee shall be considered a single fee, and it shall be

paid in one transaction. In order to cover the direct and indirect costs of

administration and enforcement of Article 7, of Title 44, C.R.S, the large-operator

license fee shall be calculated based on the number of retail locations operated

by the large-operator.

Notwithstanding the use of a large-operator application and the payment of the

relevant large-operator application fee, each retail location operated by the large-

operator shall be issued a separate license from the Division. The use of a large-

operator application and payment of a large-operator fee shall not preclude the

Division from conducting compliance checks and investigations for each separate

retail location and pursuing administrative penalties on each separate license

possessed and operated by the large-operator.

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Rule 7-305. Temporary State Licenses.

Basis and Purpose. The statutory authority for this rule includes, but is not limited

to,subsection 44-7-104(5), C.R.S. The purpose of this rule is to authorize persons to

apply for a temporary state license, pursuant to which a retailer may sell cigarettes,

tobacco products, and nicotine products, for a period not to exceed thirty (30) days,

following the purchase of a retail location previously licensed to another person.

ory authority for this rule includes, but is not limited

to,subsection 44-7-104(5), C.R.S. The purpose of this rule is to authorize persons to

apply for a temporary state license, pursuant to which a retailer may sell cigarettes,

tobacco products, and nicotine products, for a period not to exceed thirty (30) days,

following the purchase of a retail location previously licensed to another person.

A person that wishes to sell cigarettes, tobacco products, or nicotine products at

a specific retail location acquired through the sale or transfer of a licensee’s

business to that person, and that has not yet applied for an annual state license

pursuant to section 44-7-104.5, C.R.S., may apply for a temporary state license

for that retail location.

A temporary state license application shall be made upon forms prescribed by

the Division. The Division will not consider an application that is not complete in

every material detail, or which is not accompanied by the remittance in full of the

whole amount of the temporary state license fee established in Rule 7-500. Every

temporary state license application shall include the business address,

owner/manager information, phone number, and email address for the retail

location.

A temporary state license is not renewable, and shall remain in effect until the

earlier of:

Thirty (30) days from the date a temporary state license application is

approved for a specific retail location; or

The date the Division approves or denies an application for a state license

under section 44-7-104.5, C.R.S., for the same specific retail location.

An application for a temporary state license may be denied for good cause

le, and shall remain in effect until the

earlier of:

Thirty (30) days from the date a temporary state license application is

approved for a specific retail location; or

The date the Division approves or denies an application for a state license

under section 44-7-104.5, C.R.S., for the same specific retail location.

An application for a temporary state license may be denied for good cause. The

Division shall deny any application for a temporary state license submitted by a

retailer that is subject to an order issued by the Division pursuant to subsection

44-7-106(1)(c)(III), C.R.S., prohibiting a retailer from selling cigarettes, tobacco

products, or nicotine products, which order renders the retailer ineligible to apply

for a state license for three years following the date of the order.

The Division shall approve or deny a temporary state license application within

five (5) business days after receiving the application.

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Rule 7-311. Tobacco Festivals.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-104(5), 44-7-104.5(1)(a)(I), 18-18-102(5), and 44-7-105.5, C.R.S. The

purpose of this rule is to authorize a retailer that holds a license pursuant to subsection

44-7-104.5(1)(a)(I), C.R.S., to apply for a tobacco festival permit as defined in Rule 7-

100(N).

Applications

A retailer licensed pursuant to section 44-7-104.5 C.R.S. may apply for a

tobacco festival permit with the Division. The applicant must:

Specify the premises for where the festival will be held.

Provide a site diagram and control plan to prevent anyone under

twenty-one (21) years of age from entering the festival as well as

attendees not violating the Colorado Clean Indoor Air Act;

File an application at least thirty (30) calendar days before the

festival is to be held;

Provide the hours of service of tobacco/nicotine products;

the premises for where the festival will be held.

Provide a site diagram and control plan to prevent anyone under

twenty-one (21) years of age from entering the festival as well as

attendees not violating the Colorado Clean Indoor Air Act;

File an application at least thirty (30) calendar days before the

festival is to be held;

Provide the hours of service of tobacco/nicotine products;

Affirm that the retailer has obtained any permits required by the

local licensing authority;

Provide the number and dates of other tobacco festivals held by the

retailer in the same calendar year as the festival being applied for

will take place;

Provide explanation on how and where tobacco/nicotine products

will be secured and stored when setting up for the festival, during

the festival, and after the conclusion of the festival; and

Pay in full the application fee for a tobacco festival permit to the

Division.

A separate tobacco festival permit application shall be required for each

tobacco festival event.

The Division will post approved tobacco festival permits on its website.

A tobacco festival permit shall only be held by one retailer. Multiple

tobacco festival permits may be issued to multiple retailers for the same

festival location.

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A tobacco festival permit holder shall list, on the forms prescribed by the

Division, each wholesaler and manufacturer of tobacco products

participating in the tobacco festival. A retailer licensed pursuant to section

44-7-104.5 C.R.S. or tobacco festival permit holder that previously filed an

application pursuant to subparagraph (A)(1) of this rule for a tobacco

festival event may modify the participating wholesalers and manufacturers

no later than fifteen (15) calendar days before the tobacco festival event.

Local Authority

A local authority may create a local permit for tobacco festivals

ant to section

44-7-104.5 C.R.S. or tobacco festival permit holder that previously filed an

application pursuant to subparagraph (A)(1) of this rule for a tobacco

festival event may modify the participating wholesalers and manufacturers

no later than fifteen (15) calendar days before the tobacco festival event.

Local Authority

A local authority may create a local permit for tobacco festivals. If a local

authority does not create a local permit under subsection 44-7-105.5(2)(d),

C.R.S., an applicant need not obtain a local permit to conduct a tobacco

festival. All local ordinances must be adhered to in addition to the rules set

forth by the Division.

Restrictions

Pursuant to subsection 44-7-105.5(2)(f), C.R.S., the tobacco festival

permit holder must prohibit an individual who is under twenty-one (21)

years of age from taking part in the permitted tobacco festival. “Taking part

in a festival” includes attending a tobacco festival, entering the permitted

location of a tobacco festival, taking part in the sale of a tobacco product

or nicotine product at a tobacco festival, working in the tobacco festival, or

using any cigarette, tobacco product, or nicotine product at a tobacco

festival.

A tobacco festival permit does not authorize the tobacco festival permit

holder to use the tobacco festival premises for more than seventy-two (72)

hours for any one (1) festival, not including setup and tear down.

Unlawful Acts

The tobacco festival permit holder must not allow the sale, transfer, or use

of gasoline, diesel fuel, or controlled substances as defined in subsection

18-18-102(5), C.R.S,. on the approved tobacco festival premises.

Alcohol may not be sold without a valid state license or permit issued

pursuant to Articles 3, 4, or 5 of Title 44 C.R.S.

Smoking Permitted

The tobacco festival permit holder must designate areas where smoking

may occur on the permitted premises.

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-18-102(5), C.R.S,. on the approved tobacco festival premises.

Alcohol may not be sold without a valid state license or permit issued

pursuant to Articles 3, 4, or 5 of Title 44 C.R.S.

Smoking Permitted

The tobacco festival permit holder must designate areas where smoking

may occur on the permitted premises.

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Tobacco festival permit holders and any designated smoking areas

must comply with the Colorado Clean Indoor Air Act in Part 2 of

Article 14 of Title 25 C.R.S. Any violation of the Colorado Clean

Indoor Air Act within a tobacco festival is also a violation of this rule.

The tobacco festival permit holder must display the following signage at

every entrance and exit to the designated smoking areas of the tobacco

festival:

“Smoking and/or vaping allowed. Persons under twenty-one (21)

years of age must not enter.”

The dimension of the sign must be no less than 8.5 inches by 11

inches.

Limits on the Number of Tobacco Festival Permits

The number of tobacco festival permits issued for a retailer with more than

ten (10) retail locations must not exceed five (5) permits per retailer per

calendar year.

The number of tobacco festival permits issued to a retailer with ten (10) or

fewer retail locations must not exceed five (5) permits per retailer per

calendar year.

Penalties

The Executive Director, and local licensing authority if applicable, may

impose appropriate penalties against the retailer license based on a

violation of Article 7 of Title 44 C.R.S, or these rules occurring during a

tobacco festival.

Sales

Any sale at a tobacco festival must go through the tobacco festival

permittee’s point of sale system and may not be sold by a participating

wholesaler or manufacturer.

Enforcement

The Division shall enforce a violation of the tobacco code or tobacco

regulation against the holder of a tobacco festival permit.

7 of Title 44 C.R.S, or these rules occurring during a

tobacco festival.

Sales

Any sale at a tobacco festival must go through the tobacco festival

permittee’s point of sale system and may not be sold by a participating

wholesaler or manufacturer.

Enforcement

The Division shall enforce a violation of the tobacco code or tobacco

regulation against the holder of a tobacco festival permit.

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If a violation of Article 7 of Title 44 or the tobacco regulation occurs during

a tobacco festival and the licensee responsible can be identified, the

Division may charge and impose appropriate penalties on the licensee. If

the responsible party cannot be identified, the Division may send written

notice to every licensee identified on the permit application(s) for the

location in which the tobacco festival took place and may fine each

licensee the same dollar amount.

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Rule 7-500. Fees.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-104(5), 44-7-104.5(1), and 44-7-104.7(3)(b), C.R.S. The purpose of

this rule is to establish fees for certain licenses and permits that may be issued by the

Division.

Below are the fees established by the Executive Director:

License Fees

Cigarette, Tobacco Product, or Nicotine Product Retailer License*

….………………………..

$400.00

(* - classifications include: Indoor Age Restricted Retailer; Off-

Premises Retailer; and Cigar-Tobacco Bar).

.7(3)(b), C.R.S. The purpose of

this rule is to establish fees for certain licenses and permits that may be issued by the

Division.

Below are the fees established by the Executive Director:

License Fees

Cigarette, Tobacco Product, or Nicotine Product Retailer License*

….………………………..

$400.00

(* - classifications include: Indoor Age Restricted Retailer; Off-

Premises Retailer; and Cigar-Tobacco Bar).

Temporary License

………………………………………………………………………………….

$35.00

Cigarette, Tobacco Product, or Nicotine Product Retailer License

Renewal………...………..

$400.00

Large-Operator License(s)

………………………………………………………….…..................

$400.00

(* - retailers who have more than 10 retail locations under the same

corporate or business entity may apply, simultaneously and on one

form, for licenses for all retail locations that sell cigarettes, tobacco

products, and nicotine products. The large-operator license fee, which

is to be paid in one transaction regardless of the number of licensed

retail locations applied for, is to be calculated on a per-retail location

basis in order to cover the direct and indirect costs of administration

and enforcement of Article 7, Title 44, C.R.S.).

Permit Fees

Delivery Permit

………………………………………………………………………….….……….

$250.00

Permit Renewal

….……………………………………………………………….…...…….………

$250.00

Festival

Permit………………………………………………………………………………

………..

$50.00

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cement of Article 7, Title 44, C.R.S.).

Permit Fees

Delivery Permit

………………………………………………………………………….….……….

$250.00

Permit Renewal

….……………………………………………………………….…...…….………

$250.00

Festival

Permit………………………………………………………………………………

………..

$50.00

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Rule 7-600. Complaints.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsection 44-7- 104(5)(a)(IV), C.R.S. The purpose of this rule is to establish general

processes and procedures regarding the receipt and investigation of complaints against

licensees for violations of any law, rule of the Executive Director, or local jurisdiction.

Whenever the Division receives a complaint, the Division will investigate the

complaint, as deemed appropriate, and will notify any applicable local licensing

authority of the content of such complaint and the outcome of the investigation by

emailing the applicable local licensing authority.

Whenever a local licensing authority receives a complaint, the local licensing

authority will investigate the allegations as deemed appropriate and will notify the

Division of the content of such complaint, as well as the outcome of any

investigation, or action taken on the licensee as a result of the complaint by any

of the following methods:

Emailing the information and follow-up to: dor_ledtobacco@state.co.us;

Utilizing the online “Enforcing Underage Drinking Laws” platform (EUDL)

for jurisdictions that are equipped to do so; or

Contacting the applicable Division field office at the phone number

provided on the Division’s website.

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wing methods:

Emailing the information and follow-up to: dor_ledtobacco@state.co.us;

Utilizing the online “Enforcing Underage Drinking Laws” platform (EUDL)

for jurisdictions that are equipped to do so; or

Contacting the applicable Division field office at the phone number

provided on the Division’s website.

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Rule 7-601. Penalties.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

sections 44-7-103, 44-7-105, and 44-7-106, C.R.S. The purpose of this rule is to clarify

the penalties for violating various provisions of Article 7 of Title 44, as well as

establishing aggravating and mitigating factors which may be considered in assessing

penalties for violations.

If a retailer is found to have violated Article 7 of Title 44, or any rule promulgated

pursuant to Article 7, the Division may fine a retailer or, if the retailer holds a

state license, suspend or revoke the retailer's state license in accordance with

section 44-7-106, C.R.S., and the provisions of this Rule 7-601. See also Rule 7-

705. License Denials, Disciplinary Actions, and Hearings.

Underage Sales.

Penalties. The following penalties shall apply for sales to a person under

twenty-one (21) years of age in violation of subsection 44-7-103(1),

C.R.S.:

First Violation. If the retailer has had no previous underage sale

violations in the preceding twenty-four (24) months, then the

licensee shall be subject to a fine of at least $250.00 and not more

than $500.00.

Second Violation. If the retailer had one previous underage sale

violation in the preceding twenty-four (24) month period, the retailer

shall be subject to:

A fine of at least $500.00 and not more than $750.00; and

s had no previous underage sale

violations in the preceding twenty-four (24) months, then the

licensee shall be subject to a fine of at least $250.00 and not more

than $500.00.

Second Violation. If the retailer had one previous underage sale

violation in the preceding twenty-four (24) month period, the retailer

shall be subject to:

A fine of at least $500.00 and not more than $750.00; and

ii.

If the retailer holds a state license, a suspension of the state

license for at least seven (7) days or, if the retailer does not

hold a state license, a prohibition against the retailer selling

cigarettes, tobacco products, or nicotine products at the

retail location at which the violation occurred for at least

seven (7) days.

Third Violation. If the retailer has had two (2) previous underage

sale violations in the preceding twenty-four (24) month period, the

retailer shall be subject to:

A fine of at least $750.00 and not more than $1000.00; and

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ii.

If the retailer holds a state license, a suspension of the state

license for at least thirty (30) days or, if the retailer does not

hold a state license, a prohibition against the retailer selling

cigarettes, tobacco products, or nicotine products at the

retail location at which the violation occurred for at least

thirty (30) days.

Fourth or Subsequent Violation. If the retailer has had three or

more previous underage sale violations in the preceding twenty-

four (24) month period, the retailer shall be subject to:

A fine of at least $1,000.00 and not more than $15,000.00;

and

ii.

If the retailer holds a state license, a suspension or

revocation of the retailer’s state license or, if the retailer does

not hold a state license, a prohibition against the retailer

selling cigarettes, tobacco products, or nicotine products at

the retail location at which the violation occurred for up to

three (3) years.

Affirmative Defenses

ast $1,000.00 and not more than $15,000.00;

and

ii.

If the retailer holds a state license, a suspension or

revocation of the retailer’s state license or, if the retailer does

not hold a state license, a prohibition against the retailer

selling cigarettes, tobacco products, or nicotine products at

the retail location at which the violation occurred for up to

three (3) years.

Affirmative Defenses. Notwithstanding the provisions of subparagraph

(B)(1), a fine for a violation of subsection 44-7-103(1), C.R.S. shall not be

imposed upon a retailer that can establish an affirmative defense to the

satisfaction of the Division or the hearing officer that, prior to the date of

the violation, it:

Had adopted and enforced a written policy against selling

cigarettes, tobacco products, or nicotine products to persons under

twenty-one (21) years of age;

Had informed its employees of the applicable laws regarding the

sale of cigarettes, tobacco products, or nicotine products to persons

under twenty-one (21) years of age;

Required employees to verify the age of cigarette, tobacco product,

or nicotine product customers by way of photographic identification;

and

Had established and imposed disciplinary sanctions for

noncompliance.

Except as provided in subsection 44-7-106(5), C.R.S., the affirmative

defense established in subparagraph (B)(2) may be used by a retailer only

once at each location within any twenty-four (24) month period.

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Pursuant to subsection 44-7-106(5), C.R.S., a licensed gaming

establishment that has a cigar-tobacco bar on July 14, 2020, shall

be afforded two (2) affirmative defenses within a twenty-four (24)

month period.

(B)(2) may be used by a retailer only

once at each location within any twenty-four (24) month period.

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Pursuant to subsection 44-7-106(5), C.R.S., a licensed gaming

establishment that has a cigar-tobacco bar on July 14, 2020, shall

be afforded two (2) affirmative defenses within a twenty-four (24)

month period.

Sales of Loose Cigarettes. The following penalties shall apply for sales, or offers

to sell, in violation of subsection 44-3-103(4), C.R.S.:

First Violation. If the retailer has not violated subsection 44-3-103(4),

C.R.S., in the preceding twenty-four (24) months, the retailer shall receive

a written warning.

Second Violation. If the retailer violated subsection 44-3-103(4), C.R.S.,

once in the preceding twenty-four (24) month period, the retailer shall be

subject to a fine of $250.00.

Third Violation. If the retailer violated subsection 44-3-103(4), C.R.S.,

twice in the preceding twenty-four (24) month period, the retailer shall be

subject to a fine of $500.00.

Fourth Violation. If the retailer violated subsection 44-3-103(4), C.R.S.,

three (3) times in the preceding twenty-four (24) month period, the retailer

shall be subject to a fine of $1,000.00.

Fifth or Subsequent Violation. If the retailer violated subsection 44-3-

103(4), C.R.S., four or more times in the preceding twenty-four (24) month

period, the retailer shall be subject to a fine of at least $1,000.00 and not

more than $15,000.00

Unlicensed Sales. On or after July 1, 2021, the following penalties shall apply for

a person who sells or offers to sell cigarettes, tobacco products, or nicotine

products without a valid state license issued pursuant to Article 7 of Title 44:

First Violation. If the person has not violated subsection 44-7-104.5(1),

C.R.S., in the preceding twenty-four months (24), the person shall be

subject to a fine of $1,000.00.

Second Violation

the following penalties shall apply for

a person who sells or offers to sell cigarettes, tobacco products, or nicotine

products without a valid state license issued pursuant to Article 7 of Title 44:

First Violation. If the person has not violated subsection 44-7-104.5(1),

C.R.S., in the preceding twenty-four months (24), the person shall be

subject to a fine of $1,000.00.

Second Violation. If the person has one prior violation of subsection 44-7-

104.5(1), C.R.S., in the preceding twenty-four (24) months, the person

shall be subject to a fine of $2,000.00.

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Third or Subsequent Violation. If the person has two (2) or more prior

violations of subsection 44-7-104.5(1), C.R.S., in the preceding twenty-

four (24) months, the person shall be subject to:

A fine of $3,000.00; and

An order issued by the Division prohibiting the retailer from selling

cigarettes, tobacco products, or nicotine products and rendering the

retailer ineligible to apply for a state license for three (3) years.

For purposes of determining the existence and number of prior violations

for purposes of this paragraph (D), each sale or offer to sell cigarettes,

tobacco products, or nicotine products without a valid state license is a

distinct violation.

Unlawful Advertising of Electronic Smoking Device Product. The following

penalties shall apply for a retailer who advertises an electronic smoking device

product in a manner that is visible from outside the retail location in violation of

subsection 44-7-104.7(2), C.R.S.

First Violation. If the person has not violated subsection 44-7-104.7(2),

C.R.S., in the preceding twenty-four (24) months, the person shall be

subject to a fine of $1,000.00.

Second Violation. If the person has one prior violation of subsection 44-7-

104.7(2), C.R.S., in the preceding twenty-four (24) months, the person

shall be subject to a fine of $2,000.00.

Third or Subsequent Violation

irst Violation. If the person has not violated subsection 44-7-104.7(2),

C.R.S., in the preceding twenty-four (24) months, the person shall be

subject to a fine of $1,000.00.

Second Violation. If the person has one prior violation of subsection 44-7-

104.7(2), C.R.S., in the preceding twenty-four (24) months, the person

shall be subject to a fine of $2,000.00.

Third or Subsequent Violation. If the person has two or more prior

violations of subsection 44-7-104.7(2), C.R.S., in the preceding twenty-

four (24) months, the person shall be subject to a fine of $3,000.00.

Delivery and Shipment Violations. The following penalties shall apply for a

person that ships or delivers cigarettes, tobacco products, or nicotine products

directly to a consumer in Colorado in violations of the requirements of subsection

44-7-104.7(3), C.R.S., and any rules promulgated pursuant to Article 7 of Title

44:

First Violation. If the person has not violated subsection 44-7-104.7(3),

C.R.S., in the preceding twenty-four (24) months, the person shall be

subject to a fine of$1,000.00.

Second Violation. If the person has one prior violation of subsection 44-7-

104.7(3), C.R.S., in the preceding twenty-four (24) months, the person

shall be subject to a fine of $2,000.00.

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Third or Subsequent Violation. If the person has two (2) or more prior

violations of subsection 44-7-104.7(3), C.R.S., in the preceding twenty-

four (24) months, the person shall be subject to a fine of $3,000.00.

Vending Machine Sales. The following penalties shall apply for a retailer that

sells or offers to sell any cigarettes, tobacco products, or nicotine products by

use of a vending machine or other coin-operated machine in violation of

subsection 44-7-103(2), C.R.S.:

First Violation. If the retailer has not violated subsection 44-7-103(2),

C.R.S., in the preceding twenty-four (24) months, the retailer shall be

subject to a fine of $25.00.

shall apply for a retailer that

sells or offers to sell any cigarettes, tobacco products, or nicotine products by

use of a vending machine or other coin-operated machine in violation of

subsection 44-7-103(2), C.R.S.:

First Violation. If the retailer has not violated subsection 44-7-103(2),

C.R.S., in the preceding twenty-four (24) months, the retailer shall be

subject to a fine of $25.00.

Second Violation. If the retailer has one prior violation of subsection 44-7-

103(2), C.R.S., in the preceding twenty-four (24) months, the retailer shall

be subject to a fine of $50.00.

Third Violation. If the retailer has two prior violations of subsection 44-7-

103(2), C.R.S., in the preceding twenty-four (24) months, the retailer shall

be subject to a fine of $100.00.

Fourth Violation. If the retailer has three prior violations of subsection 44-

7-103(2), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $250.00.

Fifth or Subsequent Violation. If the retailer has four or more prior

violations of subsection 44- 7-103(2), C.R.S., in the preceding twenty-four

(24) months, the retailer shall be subject to a fine of at least $250.00 but

not more than $1,000.00.

Warning Sign Violations. The following penalties shall apply for a retailer that

sells or offers to sell cigarettes, tobacco products, or nicotine products without

displaying a warning sign in conformance with the requirements of subsection

44-7-103(3), C.R.S.:

First Violation. If the retailer has not violated subsection 44-7-103(3),

C.R.S., in the preceding twenty-four (24) months, the retailer shall be

subject to a written warning.

Second Violation. If the retailer has one prior violation of subsection 44-7-

103(3), C.R.S., in the preceding twenty-four (24) months, the retailer shall

be subject to a fine of $50.00.

Third Violation

, C.R.S.:

First Violation. If the retailer has not violated subsection 44-7-103(3),

C.R.S., in the preceding twenty-four (24) months, the retailer shall be

subject to a written warning.

Second Violation. If the retailer has one prior violation of subsection 44-7-

103(3), C.R.S., in the preceding twenty-four (24) months, the retailer shall

be subject to a fine of $50.00.

Third Violation. If the retailer has two prior violations of subsection 44-7-

103(3), C.R.S., in the preceding twenty-four (24) months, the retailer shall

be subject to a fine of $100.00.

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Fourth Violation. If the retailer has three prior violations of subsection 44-

7-103(3), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $250.00.

Fifth or Subsequent Violation. If the retailer has four prior violations of

subsection 44-7- 103(3), C.R.S., in the preceding twenty-four (24) months,

the retailer shall be subject to a fine of at least $250.00 but not more than

$1,000.00.

Sales By Persons Under Eighteen Years of Age. The following penalties shall

apply for a retailer that permits a person under eighteen years of age to sell or

participate in the sale of cigarettes, tobacco products, or nicotine products in

violation of subsection 44-7-103(4.5), C.R.S.:

First Violation. If the retailer has not violated subsection 44-7-103(4.5),

C.R.S., in the preceding twenty-four months, the retailer shall be subject to

a fine of $25.00.

Second Violation. If the retailer has one prior violation of subsection 44-7-

103(4.5), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $50.00.

Third Violation. If the retailer has two prior violations of subsection 44-7-

103(4.5), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $100.00.

Fourth Violation

ond Violation. If the retailer has one prior violation of subsection 44-7-

103(4.5), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $50.00.

Third Violation. If the retailer has two prior violations of subsection 44-7-

103(4.5), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $100.00.

Fourth Violation. If the retailer has three prior violations of subsection 44-

7-103(4.5), C.R.S., in the preceding twenty-four (24) months, the retailer

shall be subject to a fine of $250.00.

Fifth or Subsequent Violation. If the retailer has four or more prior

violations of subsection 44- 7-103(4.5), C.R.S., in the preceding twenty-

four (24) months, the retailer shall be subject to a fine of at least $250.00

but not more than $1,000.00.

Suspension.

Prohibited Activity During Active Suspension. During any period of license

suspension, the retailer shall not sell or permit the selling of cigarettes,

tobacco products, or nicotine products.

Suspension Notice. Every retailer whose state license has been

suspended by the Division, whether summarily or after an administrative

hearing, shall, if ordered to, post two notices in conspicuous places, one

on the exterior and one on the interior of the retail location, for the duration

of the suspension.

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ucts.

Suspension Notice. Every retailer whose state license has been

suspended by the Division, whether summarily or after an administrative

hearing, shall, if ordered to, post two notices in conspicuous places, one

on the exterior and one on the interior of the retail location, for the duration

of the suspension.

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The notices shall be two feet in length and fourteen inches in width

containing lettering not less than ½ inch in height, and shall be in

the following form:

NOTICE OF SUSPENSION. THE CIGARETTE, TOBACCO

PRODUCTS, AND NICOTINE RETAILER LICENSE ISSUED FOR

THE RETAIL LOCATION HAS BEEN SUSPENDED BY ORDER

OF THE LIQUOR ENFORCEMENT DIVISION, COLORADO

DEPARTMENT OF REVENUE FOR VIOLATION OF ARTICLE 7

OF TITLE 44 OF THE COLORADO REVISED STATUTES.

Advertising or posting signs to the effect that the premises have

been closed or business suspended for any reason other than by

order of the Division suspending its state license, shall be deemed

a violation of this rule.

Renewal. Suspension of a license or permit does not relieve the retailer of

the obligation to timely comply with all license or permit renewal

requirements.

Aggravating and Mitigating Factors.

When the penalty limitation for a particular violation contained in section

44-7-106, C.R.S., includes an authorized range of potential penalties, the

Division when entering into a stipulation, agreement and order with a

licensee to settle an administrative action, or a hearing officer in a hearing

conducted pursuant to section 44-7-105, C.R.S., may take aggravating

and mitigating factors into consideration to determine a penalty within the

range. These factors may include, but are not limited to:

Mitigating Factors:

The licensee has a substantial history of compliance with

tobacco laws and rules;

ii.

The violation is a first violation, as defined in this Regulation

7-601;

iii.

The violation was self-reported;

n 44-7-105, C.R.S., may take aggravating

and mitigating factors into consideration to determine a penalty within the

range. These factors may include, but are not limited to:

Mitigating Factors:

The licensee has a substantial history of compliance with

tobacco laws and rules;

ii.

The violation is a first violation, as defined in this Regulation

7-601;

iii.

The violation was self-reported;

iv.

The extent to which the licensee took prompt and effective

self-initiated action to correct the violation and to prevent

future violations of the same type from occurring;

The violation is not part of a pattern or practice of violations.

Aggravating Factors:

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The licensee has a substantial history of non-compliance

with tobacco laws and rules;

ii.

The violation is a second or subsequent offense;

iii.

The violation was discovered, and later substantiated

through investigation, as a result of a complaint, or multiple

complaints;

iv.

The violation was willful, and not negligent;

The violation is part of a pattern or practice of violations;

vi.

The implicated licensee encouraged others to participate in

the same, or similar violations; or

vii.

The owner or management personnel engaged in the

violation and/or directed an employee to violate the law.

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violation was willful, and not negligent;

The violation is part of a pattern or practice of violations;

vi.

The implicated licensee encouraged others to participate in

the same, or similar violations; or

vii.

The owner or management personnel engaged in the

violation and/or directed an employee to violate the law.

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Rule 7-700. Inspection of the Retail Location.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsection 44-7- 104(5)(a), C.R.S. The purpose of this rule is to provide clarity to

licensees, their agents, and employees regarding the time, place, scope, and items

subject to inspection. This rule also serves the purpose of identifying the books and

records required to be maintained by the licensee and the period of time such records

must be maintained and provided upon request.

The retail location, including any places where cigarettes, tobacco products,

and/or nicotine products are stored or dispensed, shall be subject to inspections

by the Division or Local Licensing Authorities and their duly authorized

representatives (which include investigators or peace officers) during all business

hours and all other time of apparent activity, for the purpose of determining

compliance with the provisions of Article 7 of Title 44, 18-13-121, 25-14-204, 25-

14-208.5, 25-14-301, and 30-15-401(1.5), C.R.S., and rules promulgated

thereunder.

Each licensee shall retain all books and records necessary to show fully the

business transactions and operations of such licensee related to cigarettes,

tobacco products and nicotine products for a period of the current tax year and

the three (3) prior tax years. “Books” and “records” include documents or

information in printed or paper form, as well as documents or information

maintained in a readable electronic or digital format, and any audio and video

surveillance recordings

s transactions and operations of such licensee related to cigarettes,

tobacco products and nicotine products for a period of the current tax year and

the three (3) prior tax years. “Books” and “records” include documents or

information in printed or paper form, as well as documents or information

maintained in a readable electronic or digital format, and any audio and video

surveillance recordings. Licensees shall provide copies of books and records

requested by the Division and Local Licensing Authorities and their duly

authorized representatives without unreasonable delay.

Audio and video surveillance recordings referenced in paragraph (B)

above must be maintained for thirty (30) days.

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Rule 7-701. Compliance Checks.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7- 104(3) and 44-7-104(5)(a)(III), C.R.S. The purpose of this rule is to

provide clarity to licensees, their agents, and employees regarding compliance check

operations.

To the degree it is achievable within the amount of fees collected, the Division

will perform, or cause to be performed in cooperation with local licensing

authorities, two (2) compliance checks per retail location, per year.

When a compliance check is completed by the Division, the Division will notify

any applicable local licensing authority of the outcome, and any action taken on

the licensee as a result of such compliance check through the preferred

communication channels established by each local jurisdiction.

When a compliance check is completed by a local licensing authority or on behalf

of such local licensing authority, the local licensing authority will notify the

Division of any outcome, or action taken on the licensee as a result of the

compliance check by any of the following methods:

Emailing the information and follow-up to: dor_ledtobacco@state.co.us;

ished by each local jurisdiction.

When a compliance check is completed by a local licensing authority or on behalf

of such local licensing authority, the local licensing authority will notify the

Division of any outcome, or action taken on the licensee as a result of the

compliance check by any of the following methods:

Emailing the information and follow-up to: dor_ledtobacco@state.co.us;

Utilizing the online “Enforcing Underage Drinking Laws” platform (EUDL)

for jurisdictions That are equipped to do so; or

Contacting the applicable Division field office at the phone number

provided on the Division’s website.

If a compliance check on a retail license reveals a violation, the Division or local

authority will complete another compliance check on the same location within six

(6) months of the initial violation.

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Rule 7-705. License Denials, Disciplinary Actions, and Hearings.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-104(5), 44-7-105, 24-4-104, and 24-4-105, C.R.S. The purpose of this

rule is to establish the procedures governing administrative hearings and other general

hearing issues.

Hearings - General Procedures.

Hearing Location. Hearings will be conducted by the Department of

Revenue’s Hearings Division. Hearings will be held virtually, unless

otherwise ordered by the hearing officer for good cause. If the hearing

officer orders an in person hearing, the hearing will be conducted at a

location in the greater Denver metropolitan area to be determined by the

hearing officer.

Good cause for in-person hearings. Good cause shall include

unusual circumstances where justice, judicial economy and

convenience of the parties would be served by holding a hearing in

person.

Scope of Hearing Rules. This rule shall be construed to promote the just

and efficient determination of all matters presented.

Right to Legal Counsel

an area to be determined by the

hearing officer.

Good cause for in-person hearings. Good cause shall include

unusual circumstances where justice, judicial economy and

convenience of the parties would be served by holding a hearing in

person.

Scope of Hearing Rules. This rule shall be construed to promote the just

and efficient determination of all matters presented.

Right to Legal Counsel. Any denied applicant or respondent has The right

to legal counsel throughout all processes described in rules associated

with the denial of an application and disciplinary action. Such counsel shall

be provided solely at the denied applicant’s or respondent’s expense.

Unless a retailer that is an entity satisfies the exception in subsection 13-

1-127(2), C.R.S., the retailer must be represented by an attorney admitted

to practice law in the state of Colorado.

Liquor Enforcement Division Representation. The Division shall be

represented by the Colorado Department of Law.

No Ex Parte Communication. Ex parte communication with the Hearings

Division shall not be allowed at any point following the formal initiation of

the hearing process. A party or counsel for a party shall not initiate any

communication with a hearing officer pertaining to any pending matter

unless all other parties are included in the communication or unless prior

consent of all other parties (and any pro se parties) has been obtained.

Parties shall provide all other parties with copies of any pleading or other

document or communication submitted to the hearing officer in connection

with a hearing.

Notices of Denial and Requests for a Hearing.

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communication or unless prior

consent of all other parties (and any pro se parties) has been obtained.

Parties shall provide all other parties with copies of any pleading or other

document or communication submitted to the hearing officer in connection

with a hearing.

Notices of Denial and Requests for a Hearing.

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Applicant Bears the Burden of Proving it Meets Licensure Requirements.

A license or permit is a revocable privilege. At all times during the

application process, an applicant must be capable of establishing it is

qualified to hold a license. The Division shall approve or deny a state

license application within sixty (60) days after receiving the application.

Applicants Must Provide Information to the Division in a Full, Faithful,

Truthful, and Fair Manner. An application may be denied where the

applicant made misstatements, omissions, misrepresentations, or untruths

in the application. Providing misstatements, misrepresentations,

omissions, or untruths to the Division also may be the basis for

administrative action.

Good Cause for Denial. The Division may deny an application, including

an initial or renewal application, only for good cause. Good cause shall

include the following:

During any period in which an applicant is ineligible to apply, or

prohibited from applying, for a license pursuant to a penalty

imposed under section 44-7-106, C.R.S., and Rule 7-601;

When an applicant failed to provide all required information or

documents, provided inaccurate, incomplete, or untruthful

information or documents, or failed to cooperate with the Division.

The applicant has violated, does not meet, or has failed to comply

with any of the terms, conditions, or provisions of Article 7 of Title

44 or any rules promulgated thereunder.

Notice of Denial

7-601;

When an applicant failed to provide all required information or

documents, provided inaccurate, incomplete, or untruthful

information or documents, or failed to cooperate with the Division.

The applicant has violated, does not meet, or has failed to comply

with any of the terms, conditions, or provisions of Article 7 of Title

44 or any rules promulgated thereunder.

Notice of Denial. If the Division denies an application, the Division shall inform

the applicant in writing of the reasons for the denial in a notice of denial,

personally delivered to the retailer at the actual retail location or mailed to the

retailer at the last-known address as shown by the records of the Division. A

notice of denial shall be deemed to have been received on the date of delivery, if

personally delivered, or three (3) days after the date of mailing, if sent by mail.

Request for Hearing. A denied applicant that has been served with a

notice of denial may request a hearing within fourteen (14) days after

receiving the notice of denial by making a written request for a hearing to

the Division. The request for a hearing must be submitted by United

States mail by hand delivery, or by email at: dor_led_legal@state.co.us.

The request must be sent to the mailing address of the Division’s

headquarters, as listed on the Division’s website. Include “Attn: Hearing

Request” in the mailing address. The written request for a hearing must be

received by the Division within the time stated in the notice of denial. An

untimely request for a hearing will not be considered.

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the mailing address of the Division’s

headquarters, as listed on the Division’s website. Include “Attn: Hearing

Request” in the mailing address. The written request for a hearing must be

received by the Division within the time stated in the notice of denial. An

untimely request for a hearing will not be considered.

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A denied applicant that timely requests a hearing following

issuance of a notice of denial shall be served with a notice of

grounds for denial, and shall be entitled to a hearing regarding the

matters addressed therein.

A respondent that has been served with an order to show cause

shall be entitled to a hearing regarding the matters addressed

therein.

Voluntary Withdrawal of Application.

The Division and the applicant may mutually agree to allow the voluntary

withdrawal of an application in lieu of a denial proceeding.

Applicants must first submit a form to the Division requesting the voluntary

withdrawal of the application. Applicants will submit the form with the

understanding that they are not obligated to request the voluntary

withdrawal and that any right to a hearing in the matter is waived once the

voluntary withdrawal is approved.

The Division will consider the request along with any circumstances at

issue with the application in making a decision to accept the voluntary

withdrawal. The Division may at its discretion grant or deny the request.

The Division will notify the applicant of its acceptance of the voluntary

withdrawal and the terms thereof.

When a Responsive Pleading is Required.

A denied applicant shall file a written answer with the Hearings Division

and the Division within thirty (30) days after the date of mailing of any

notice of grounds for denial. The written answer shall comply with the

requirements of Rule 8 of the Colorado Rules of Civil Procedure

nt of its acceptance of the voluntary

withdrawal and the terms thereof.

When a Responsive Pleading is Required.

A denied applicant shall file a written answer with the Hearings Division

and the Division within thirty (30) days after the date of mailing of any

notice of grounds for denial. The written answer shall comply with the

requirements of Rule 8 of the Colorado Rules of Civil Procedure. If a

denied applicant fails to file a required answer, the hearing officer, upon

motion, may enter a default against the denied applicant pursuant to

subsection 24-4-105(2)(b), C.R.S. For good cause, as described in this

rule, shown, the hearing officer may set aside the entry of default within

ten (10) days after the date of such entry.

A respondent shall file a written answer with the Hearings Division and the

Division within thirty (30) days after the date of mailing of any order to

show cause. The written answer shall comply with the requirements of

Rule 8 of the Colorado Rules of Civil Procedure. If a respondent fails to file

a required answer, the hearing officer, upon motion, may enter a default

against the respondent pursuant to subsection 24-4-105(2)(b), C.R.S. For

good cause, as described in this rule, shown, the hearing officer may set

aside the entry of default within ten (10) days after the date of such entry.

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Hearing Notices.

Notice to Set. After issuance of a notice of grounds for denial or an order

to show cause, the Division shall promptly file a notice to set with the

Hearings Division, and shall send a copy of the notice to set a hearing to

the denied applicant or respondent in writing by first-class mail to the last

mailing address of record.

Notice of Hearing

co Enforcement Division

Hearing Notices.

Notice to Set. After issuance of a notice of grounds for denial or an order

to show cause, the Division shall promptly file a notice to set with the

Hearings Division, and shall send a copy of the notice to set a hearing to

the denied applicant or respondent in writing by first-class mail to the last

mailing address of record.

Notice of Hearing. The Hearings Division shall notify the Division and

denied applicant or respondent of the date, place, time, and nature of the

hearing regarding denial of the license application or whether discipline

should be imposed against the respondent’s license at least thirty (30)

days prior to the date of such hearing, unless otherwise agreed to by both

parties. This notice shall be sent to the denied applicant or respondent in

writing by first-class mail to the last mailing address of record. Hearings

shall be scheduled and held as soon as is practicable.

If an order of summary suspension has been issued by the

Division, the hearing on the order to show cause will be scheduled

and held promptly.

Continuances. Continuances may be granted for good cause shown. A

motion for a continuance must be timely.

Good cause for continuances. Good cause for a continuance may

include but is not limited to: death or incapacitation of a party or an

attorney for a party; a court order staying proceedings or otherwise

necessitating a continuance; entry or substitution of an attorney for

a party a reasonable time prior to the hearing, if the entry or

substitution reasonably requires a postponement of the hearing; a

change in the parties or pleadings sufficiently significant to require

a postponement; a showing that more time is clearly necessary to

complete authorized discovery or other mandatory preparation for

the hearing; or agreement of the parties to a settlement of the case

a party a reasonable time prior to the hearing, if the entry or

substitution reasonably requires a postponement of the hearing; a

change in the parties or pleadings sufficiently significant to require

a postponement; a showing that more time is clearly necessary to

complete authorized discovery or other mandatory preparation for

the hearing; or agreement of the parties to a settlement of the case.

Good cause normally will not include the following: unavailability of

counsel because of engagement in another judicial or

administrative proceeding, unless the other proceeding was

involuntarily set subsequent to the setting in the present case;

unavailability of a necessary witness, if the witness’ testimony can

be taken by telephone or by deposition; or failure of an attorney or

a party timely to prepare for the hearing.

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Prehearing Matters Generally.

Prehearing Conferences Once a Hearing is Set. Prehearing conferences

may be held at the discretion of the hearing officer upon request of any

party, or upon the hearing officer’s own motion. If a prehearing conference

is held and a prehearing order is issued by the hearing officer, the

prehearing order will control the course of the proceedings. Such

prehearing conferences may occur by telephone or video conference.

Depositions. Depositions are generally not allowed; however, a hearing

officer has discretion to allow a deposition if a party files a written motion

and can show why such deposition is necessary to prove its case. When a

hearing officer grants a motion for a deposition, C.R.C.P. 30 controls.

Hearings will not be continued because a deposition is allowed unless (a)

both parties stipulate to a continuance and the hearing officer grants the

continuance, or (b) the hearing officer grants a continuance over the

objection of any party in accordance with subparagraph (D)(2)(b) and (c)

of this Rule.

Prehearing Statements Once a Hearing is Set

motion for a deposition, C.R.C.P. 30 controls.

Hearings will not be continued because a deposition is allowed unless (a)

both parties stipulate to a continuance and the hearing officer grants the

continuance, or (b) the hearing officer grants a continuance over the

objection of any party in accordance with subparagraph (D)(2)(b) and (c)

of this Rule.

Prehearing Statements Once a Hearing is Set. Prehearing Statements are

required and unless otherwise ordered by the hearing officer, each party

shall file with the hearing officer and serve on each party a prehearing

statement no later than ten (10) calendar days prior to the hearing. Parties

shall also exchange exhibits at that time. Parties shall not file exhibits with

the hearing officer. Parties shall exchange exhibits by the date on which

prehearing statements are to be filed. Prehearing statements shall include

the following information:

Witnesses. The name, mailing address, and telephone number of

any witness whom the party may call at the hearing, together with a

detailed statement of the expected testimony.

Experts. The name, mailing address, and brief summary of the

qualifications of any expert witness a party may call at the hearing,

together with a statement that details the opinions to which each

expert is expected to testify. These requirements may be satisfied

by the incorporation of an expert’s resume or report containing the

required information.

Exhibits. A description of any physical or documentary evidence to

be offered into evidence at the hearing. Exhibits should be

identified as follows: Division using numbers and denied applicant

or respondent using letters.

Stipulations. A list of all stipulations of fact or law reached, as well

as a list of any additional stipulations requested or offered to

facilitate the disposition of the case.

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idence at the hearing. Exhibits should be

identified as follows: Division using numbers and denied applicant

or respondent using letters.

Stipulations. A list of all stipulations of fact or law reached, as well

as a list of any additional stipulations requested or offered to

facilitate the disposition of the case.

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Prehearing Statements Binding. The information provided in a party’s

prehearing statement shall be binding on that party throughout the course

of the hearing unless modified to prevent manifest injustice. New

witnesses or exhibits may be added only if: (1) the need to do so was not

reasonably foreseeable at the time of filing of the prehearing statement;

(2) it would not prejudice other parties; and (3) it would not necessitate a

delay of the hearing.

Consequence of Not Filing a Prehearing Statement Once a Hearing is Set.

If a party does not timely file a prehearing statement, the hearing officer

may impose appropriate sanctions including, but not limited to, striking

proposed witnesses and exhibits.

Conduct of Hearings.

The hearing officer shall cause all hearings to be electronically recorded.

The hearing officer may allow a hearing, or any portion of the hearing, to

be conducted in real time by telephone or other electronic means. If a

party is appearing by telephone, the party must provide copies of the

exhibits to be offered into evidence at the hearing to the hearing officer

when the prehearing statement is filed. Electronic filings will be accepted

at: dor_regulatoryhearings@state.co.us.

The hearing officer shall administer oaths to all witnesses at the hearing.

The hearing officer may question any witness.

The hearing, including testimony and exhibits, shall be open to the public

unless otherwise ordered by the hearing officer in accordance with a

specific provision of law

earing statement is filed. Electronic filings will be accepted

at: dor_regulatoryhearings@state.co.us.

The hearing officer shall administer oaths to all witnesses at the hearing.

The hearing officer may question any witness.

The hearing, including testimony and exhibits, shall be open to the public

unless otherwise ordered by the hearing officer in accordance with a

specific provision of law. Any party may move the hearing officer to seal

an exhibit or order other appropriate relief if necessary to safeguard the

confidentiality of evidence.

Court Rules.

To the extent practicable, the Colorado Rules of Evidence apply.

Unless the context requires otherwise, whenever the word “court,”

“judge,” or “jury” appears in the Colorado Rules of Evidence, such

word shall be construed to mean a hearing officer. A hearing officer

has discretion to consider evidence not admissible under such

rules, including but not limited to hearsay evidence, pursuant to

subsection 24-4-105(7), C.R.S.

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To the extent practicable, the Colorado Rules of Civil Procedure

apply. However, Colorado Rules of Civil Procedure 16 and 26-37

do not apply, although parties are encouraged to voluntarily work

together to resolve the case, simplify issues, and exchange

information relevant to the case prior to a hearing. Unless the

context otherwise requires, whenever the word “court” appears in a

rule of civil procedure, that word shall be construed to mean a

hearing officer.

Exhibits.

All documentary exhibits must be paginated by the party offering

the exhibit into evidence.

The Division shall use numbers to mark its exhibits.

The denied applicant or respondent shall use letters to mark its

exhibits.

The hearing officer may proceed with the hearing or enter a default

judgment if any party fails to appear at the hearing after proper notice.

Final Agency Action

ts.

All documentary exhibits must be paginated by the party offering

the exhibit into evidence.

The Division shall use numbers to mark its exhibits.

The denied applicant or respondent shall use letters to mark its

exhibits.

The hearing officer may proceed with the hearing or enter a default

judgment if any party fails to appear at the hearing after proper notice.

Final Agency Action. After considering all the evidence, the hearing officer shall

determine in a written decision whether the proponent of the order has proven its

case by a preponderance of the evidence, and shall make written findings of

evidentiary fact, ultimate conclusions of fact, and conclusions of law. The hearing

officer’s decision shall constitute a final agency action pursuant to subsection 44-

7-105(5), C.R.S.

Appeal. Any appeal of the hearing officer’s decision shall be filed with a district

court of competent jurisdiction pursuant to sections 44-7-105(5) and 24-4-106,

C.R.S. Pursuant to subsection 24-4-106(4), C.R.S., venue for purposes of an

appeal of a decision by a hearing officer is proper in the District Court for the City

and County of Denver.

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Rule 7-800. Smuggling.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-104(5)(a), (c) and (d), C.R.S. The purpose of this rule is to address

the Division’s role in investigations relating to smuggling of cigarettes, tobacco products,

or nicotine products.

For purposes of this rule, “smuggling” means the production, import, export,

transportation, purchase, sale, or possession of cigarettes, tobacco products, or

nicotine products with the intent to evade Colorado tax laws and obligations.

R.S. The purpose of this rule is to address

the Division’s role in investigations relating to smuggling of cigarettes, tobacco products,

or nicotine products.

For purposes of this rule, “smuggling” means the production, import, export,

transportation, purchase, sale, or possession of cigarettes, tobacco products, or

nicotine products with the intent to evade Colorado tax laws and obligations.

The Division shall consult with the Taxation Division of the Department of

Revenue, and other state law enforcement agencies, as needed, to determine

what types of documents or information would assist them in their work to

prevent smuggling and enforce laws against smuggling.

To the extent the Division, while doing its work to enforce Article 7 of Title 44

C.R.S., discovers documents or information that may be relevant to the

enforcement of laws regarding smuggling, the Division may make such

documents or information available to the Tax Division of the Department of

Revenue, and to other state law enforcement agencies investigating smuggling.

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Rule 7-900. Identification.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsection 44-7-103(1), and 44-7-104(5), C.R.S. The purpose of this rule is to define

adequate identification criteria for purposes of demonstrating age to a retailer for the

purpose of purchasing cigarettes, tobacco products, or nicotine products.

A retailer shall require an individual who appears to be under fifty (50) years of

age to present identification that satisfies the requirements of paragraph (B)

before selling the person cigarettes, tobacco products, or nicotine products.

A retailer may refuse to sell cigarettes, tobacco products, or nicotine products to

any person if the retailer is unable to verify the person is at least twenty-one (21)

years of age. Verification of age can be done by either:

) years of

age to present identification that satisfies the requirements of paragraph (B)

before selling the person cigarettes, tobacco products, or nicotine products.

A retailer may refuse to sell cigarettes, tobacco products, or nicotine products to

any person if the retailer is unable to verify the person is at least twenty-one (21)

years of age. Verification of age can be done by either:

Presenting adequate identification of age, including any verified digital

identification, that is valid and unexpired. Identification of age is adequate

if it contains a picture and date of birth and is one of the following:

Any type of driver's license, or identification card issued by any

state within the United States, the District of Columbia, any U.S.

Territory, or any foreign country, including Canada or Mexico;

A United States military identification card or any other identification

card issued by the United States government including, but not

limited to, a permanent resident card, alien registration card, or

consular card;

A passport, or passport identification card; or

A valid consular identification card from any foreign country.

Using a biometric identity verification device.

For the purpose of this rule, “biometric identity verification device”

means a device that:

Instantly verifies the identity and age of a person by an

electronic scan of a biometric characteristic of the person,

such as a fingerprint, iris, face, or other biometric

characteristic, or any combination of these characteristics;

References the person’s identity and age against any record

of identification described in subparagraph (B)(1) of this rule;

and

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rson by an

electronic scan of a biometric characteristic of the person,

such as a fingerprint, iris, face, or other biometric

characteristic, or any combination of these characteristics;

References the person’s identity and age against any record

of identification described in subparagraph (B)(1) of this rule;

and

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Contemporaneously provides the retailer with identity and

age verification for the person utilizing the device.

Prior to using a biometric identity verification device to verify the

identity and age of a person for purposes of this subparagraph

(B)(2), the retailer shall ensure the device provider has systems in

place to:

Verify the authenticity of any identification records by an

electronic authentication process;

Verify the identity of, and relevant identifying information

about, the person through a secondary, electronic

authentication process or set of processes utilizing

commercially available data, such as a public records query

or a knowledge-based authentication quiz; and

Securely link the authenticated record to biometric

characteristics contemporaneously collected from the person

and store the authenticated record in a centralized, highly

secured, encrypted biometric database.

It shall be an affirmative defense to any administrative action brought against a

retailer for alleged sale to a minor, if the retailer establishes, by a preponderance

of the evidence, that:

The minor presented fraudulent identification of the type established in

subparagraph (B)(1) above and the retailer inspected the identification

provided, compared the identification to the person presenting the

identification, and inspected an identification book issued within the past

three years, which contained a sample of the specific kind of identification

presented by the minor; or

at:

The minor presented fraudulent identification of the type established in

subparagraph (B)(1) above and the retailer inspected the identification

provided, compared the identification to the person presenting the

identification, and inspected an identification book issued within the past

three years, which contained a sample of the specific kind of identification

presented by the minor; or

The retailer used and relied upon a biometric identity verification device

that indicated the minor was twenty-one (21) years of age or older, in

accordance with subparagraph (B)(2) of this rule.

A retailer asserting the affirmative defense, as described in paragraph (C)

of this rule, shall be responsible for obtaining, and providing to the Division

all records necessary to establish that a biometric identity verification

device was used as age verification for the transaction in question.

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Rule 7-1000. Renewals.

Basis and Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-103, 44-7-104.5(1)(a)(II), 44-7-105, and 44-7-106, C.R.S. The

purpose of this regulation is to clarify and establish procedures and deadlines for a

licensee that is applying to renew its license in accordance with section 44-7-104.5,

C.R.S.

License Period.

Retail tobacco licenses are valid for one year from the date of issuance.

Division Notification Prior to Expiration.

The Division will send a notice of license renewal at least 90 days prior to

the expiration of an existing retail tobacco license by first class mail or

electronic mail to the Licensee’s mailing address on file.

Failure to receive the Division notification does not relieve the Licensee of

the obligation to timely renew the license.

Renewal Deadline.

A licensee must apply for the renewal of an existing licensee prior to the

licensee’s expiration date.

ys prior to

the expiration of an existing retail tobacco license by first class mail or

electronic mail to the Licensee’s mailing address on file.

Failure to receive the Division notification does not relieve the Licensee of

the obligation to timely renew the license.

Renewal Deadline.

A licensee must apply for the renewal of an existing licensee prior to the

licensee’s expiration date.

A renewal application submitted to the Division prior to the license’s

expiration date shall be deemed timely and the Licensee may continue to

operate until the Final Agency Order on the renewal application.

If License Not Renewed Before Expiration. A license is immediately invalid upon

expiration if the Licensee has not filed a renewal application and remitted all of

the required license fees prior to the license expiration date.

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Rule 7-1100. Non-Profit Member-Specific Data.

Basis and Purpose. The statutory authority for this regulation includes, but is not

limited to, subsections 44-7-102, 44-7-104(5),44-7-104.5(1)(b), 44-7-105, 44-7-105.5, 7-

90-102, and 7-90-107, C.R.S. the purpose of this regulation is to set forth member-

specific data that is required to be disclosed by a non-profit entity, in accordance with

section 7-90-107, C.R.S., in order to receive a permit or license under Article 7 of Title

44, or the Colorado Cigarette, Tobacco Product, and Nicotine Product Retailer Rules

promulgated pursuant thereto.

Definitions

For the purposes of this regulation, “member-specific data” means any

document, list, record, or compilation of one or more categories of

“personal identifying information” that identifies, in whole or in part, directly

or indirectly, a person as a member, volunteer, or donor to any non-profit

entity, pursuant to subsection 7-90-102(36.5), C.R.S.

promulgated pursuant thereto.

Definitions

For the purposes of this regulation, “member-specific data” means any

document, list, record, or compilation of one or more categories of

“personal identifying information” that identifies, in whole or in part, directly

or indirectly, a person as a member, volunteer, or donor to any non-profit

entity, pursuant to subsection 7-90-102(36.5), C.R.S.

“Personal identifying information” means information that may be used,

alone or in conjunction with any other information, to identify a specific

individual, including but not limited to a name; a date of birth; a social

security number; a password; a pass code; an official government-issued

driver’s license or identification card number; a government passport

number; biometric data; or an employer, student, or military identification

number, pursuant to subsection 18-5-901(13), C.R.S.

Non-Profit Member-Specific Data

For purposes of reviewing an application for, or issuing, a license or permit

pursuant to Article 7 of Title 44, or in relation to a violation of such article

or any regulation promulgated pursuant thereto, the Division or Executive

Director may collect certain member-specific data from a non-profit entity.

this data may include:

Names of a member or members of a non-profit organization;

Titles of a member or members of a non-profit organization;

The address or addresses of a member or members of a non-profit

organization;

Information required on forms to apply for a license or permit under

Article 7 of Title 44, or regulations promulgated pursuant thereto; or

Contact information for a member or members of a non-profit

organization.

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fit organization;

The address or addresses of a member or members of a non-profit

organization;

Information required on forms to apply for a license or permit under

Article 7 of Title 44, or regulations promulgated pursuant thereto; or

Contact information for a member or members of a non-profit

organization.

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The Division and Executive Director shall treat this information as

personal identifying information and will not release it except as

permitted or required by law or as is necessary to enforce or ensure

compliance with the state constitution or applicable federal or state

law.

Rule 7-1200. Delivery Permits.

Basis And Purpose. The statutory authority for this rule includes, but is not limited to,

subsections 44-7-103, 44-7-104(5), and 44-7-104.7(3), C.R.S. The purpose of this rule

is to clarify the application and renewal process to obtain a tobacco delivery permit, the

term of the tobacco delivery permit, and the requirements for the delivery permit holder

to deliver cigarettes, nicotine products, or tobacco products to a person who is twenty-

one (21) years of age or older.

Applicability

This Rule 7-1200 applies to a retailer licensed pursuant to Article 7 of Title

44 that delivers cigarettes, tobacco products, or nicotine products,

pursuant to subsection 44-7-104.7(3)(b), C.R.S.

This Rule 7-1200 does not apply to a remote retail seller pursuant to

subsection 39-28.5-101(11), C.R.S., that directly ship and deliver cigars or

pipe tobacco to a consumer who is twenty-one years of age or older

pursuant to subsection 44-7-104.7(3)(c), C.R.S.

Application

A retailer licensed pursuant to Article 7 of Title 44, may apply for a delivery

permit when applying for a tobacco retail license or anytime during the

term of the license.

A retailer licensed pursuant to Article 7 of Title 44, may renew its license

and delivery permit at the same time.

Term Of Delivery Permit

f age or older

pursuant to subsection 44-7-104.7(3)(c), C.R.S.

Application

A retailer licensed pursuant to Article 7 of Title 44, may apply for a delivery

permit when applying for a tobacco retail license or anytime during the

term of the license.

A retailer licensed pursuant to Article 7 of Title 44, may renew its license

and delivery permit at the same time.

Term Of Delivery Permit

A delivery permit shall be valid for no longer than one year, and shall only

be valid if a retailer is licensed pursuant to Article 7 of Title 44.

If a retailer licensed pursuant to Article 7 of Title 44, obtains a delivery

permit after being issued a tobacco retail license, the delivery permit shall

expire after one (1) year, or on the date which the tobacco retail license

expires, whichever is shorter.

Requirements

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A retailer licensed pursuant to Article 7 of Title 44 may deliver cigarettes,

tobacco products, or nicotine products to a person who is twenty-one (21)

years of age or older if they:

Comply with the requirements of subsection 44-7-104.7(3)(b),

C.R.S.;

The retailer licensed pursuant to Article 7 of Title 44 must receive

the order for delivery at its retail location;

The order for delivery must originate from the retail location;

The order shall not be delivered to an event, including but not

limited to, an event licensed pursuant to section 44-5-101 et seq.

C.R.S., an event licensed pursuant to section 44-3-404, C.R.S., a

farmers market, or a musical event.

For each delivery order, the retailer licensed pursuant to Article 7 of

Title 44 must maintain a record for one (1) year showing:

The date and time the order was received;

ii.

The order number, receipt number, or other invoicing

number maintained during the regular course of business;

iii.

The date and time of the delivery;

o section 44-3-404, C.R.S., a

farmers market, or a musical event.

For each delivery order, the retailer licensed pursuant to Article 7 of

Title 44 must maintain a record for one (1) year showing:

The date and time the order was received;

ii.

The order number, receipt number, or other invoicing

number maintained during the regular course of business;

iii.

The date and time of the delivery;

iv.

The type of identification used to verify the age of the person

who is receiving the cigarettes, tobacco products, or nicotine

products; and

The address of the delivery.

For purposes of this Rule 7-1200, a place that is licensed pursuant to

Article 7 of Title 44, includes a retail location of a retailer licensed pursuant

to Article 7 of Title 44, and any location(s) where a tobacco festival permit

has been issued pursuant to section 44-7-105.5, C.R.S.

CODE OF COLORADO REGULATIONS

1 CCR 203-1

Liquor and Tobacco Enforcement Division

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.