City of Golden

binding guidelines in determining whether to suspend or revoke a License and, in the case of a suspension, the length of the suspension. The purpose of these guidelines is to facilitate consistent treatment of violations of this chapter. The actual sanction imposed upon a Licensee for any violation may vary from the guidelines when warranted by the specific facts and circumstances of the case. The decision of the hearing officer with respect to the suspension or revocation of a License shall constitute a final administrative action by the City of Golden, subject to judicial review to the municipal court pursuant to section 2.35.050 of the Golden Municipal Code.

(1) For a first offense, suspension for seven (7) days.

(2) For a second offense within a two-year period, suspension for thirty (30) days.

(3) For a third or subsequent offense within a two-year period, revocation of the License.

4.96.120 - Enforcement.

(a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter is unlawful and shall cause the offender to be subject to the general penalty provisions of the Golden Municipal Code.

(c) Violations of this chapter are hereby declared to be public nuisances.

(d) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

Section 3. Section 8.04.880 Amended. Section

8.04.880 of the Golden Municipal Code, “Underage person’s tobacco restrictions and prohibitions,” is hereby amended to read as follows, with additions shown in underline and deletions shown in strikethrough

8.04.880 Underage person’s tobacco restrictions and prohibitions.

(a) Definitions. For purposes of this section, the following words shall mean as defined have the following meanings unless the context specifies otherwise:

(1) Consume means to use, to possess, to inhale, to chew, to dissolve, to absorb, to be applied to the skin of, to heat, to sniff, or to ingest by any other means.

(2) Electronic smoking device means: a. Any battery powered or electronic oral device that provides or delivers, or is intended to provide or deliver, an inhaled dosage of nicotine, a vapor of nicotine, a vapor of a solution containing nicotine, a particulate or vaporized substance containing nicotine, or aerosol of a solution containing nicotine to a person for consumption, whether such device is homemade, manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pen, an electronic pipe, or an electronic hookah or any other product name or descriptor; or b. Any battery powered or electronic oral device that can be used by an individual to simulate smoking in the delivery of nicotine or any other substance, even if marketed as nicotine-free, through inhalation from the product; and c. Any product intended for use with an electronic smoking device, including refills, cartridges and component part of a product, whether or not marketed or sold separately has the meaning provided in Section 4.96.020 of this Code.

(3) Nicotine product or tobacco product means: a. Any product that contains, is made of, or derived from nicotine or tobacco, and is intended to be consumed by an individual; or b. An electronic smoking device; or c.Any device, other than an electronic smoking device, manufactured, distributed, marketed or sold for use by an individual to consume nicotine or tobacco products. The term device includes without limitation cigarettes, cigars, cigarillos, pipes, or any product that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers for making cigarettes. d. Nicotine product or tobacco product does not include any product specifically approved by the United States Food and Drug Administration as a tobacco cessation product, for use in reducing, treating or eliminating nicotine or tobacco dependence, for use in mitigating, treating, or preventing disease, or for other medical purposes, when such product(s) is being marketed and sold solely for such an approved purpose has the meaning provided in Section 4.96.020 of this Code.

(4) Vapor product means any product intended for use with an electronic smoking device, including refills, cartridges and component parts of a product, whether or not marketed or sold separately, which provides or delivers, or is intended to provide or deliver, a vapor, a vapor of a solution, a particulate or vaporized substance, or aerosol of a solution, even if marketed as nicotine-free.

(b) It shall be unlawful for anyone under the age of 21 years to purchase, attempt to purchase, or consume any nicotine product or tobacco product or vapor product.

(c) It shall be unlawful for any person to knowingly furnish or offer to furnish, or possess with the intent to furnish or offer to furnish, to any person who is under 21 years of age, whether by gift, sale, or any other means, any nicotine product or tobacco product or

Public Notice vapor product.

(d) Violations of subsection (b) shall be civil in nature, subject to a minimum fine of $100.00 and a maximum fine of $400.00; except that nothing herein shall be deemed to restrict the municipal court from imposing upon a person, in lieu of a fine, a requirement to participate in a tobacco or vaping education program.

(ec) It shall be unlawful for Aany person who sells, offers to sell, or possesses with intent to sell or offer for sale any nicotine product or tobacco product shall to fail to display a warning sign as specified in this section required by Section 4.96.040 of this Code. The warning shall be displayed in a prominent place within the establishment, and shall have a minimum height of three inches and a width of six inches, and shall read as follows:

WARNING

IT IS ILLEGAL FOR ANY PERSON UNDER TWENTYONE YEARS OF AGE TO PURCHASE NICOTINE OR TOBACCO PRODUCTS.

(f) That any person under the age of 21 is/was in possession of any package or container with labeling indicating that such contains nicotine or tobacco products shall be prima facie evidence of a violation of subsections (b) and (c) herein.

(gd) It shall be unlawful for any person who sells, dispenses, distributes, or offers to sell, dispense or distribute any tobacco product or nicotine product to store, display, or sell such tobacco or nicotine products in any area or means that is accessible for use by the public without assistance from the seller of such goods or products. This subsection shall not be construed to preclude or prohibit the storage or display of tobacco or nicotine products in an area viewable by the public so long as such items are not accessible to the public without assistance from the seller.

Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 5. Repealer. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

Section 6. The repeal or modification of any provision of the Municipal Code of the City of Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Section 7. Safety. This ordinance is deemed necessary for the protection of health, welfare, and safety of the community.

Section 8. Codification Amendments. The codifier of the City’s Municipal Code, Municode, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this ordinance within the Golden Municipal Code.

Section 9. Effective Date. This ordinance shall become effective _____________________.

INTRODUCED, READ AND PASSED AS AN ORDINANCE, ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THE 11TH DAY OF JULY, 2023.

READ, PASSED AND ADOPTED AS AN ORDINANCE ON SECOND READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THE DAY OF ___, 2023.

Laura M. Weinberg, Mayor

ATTEST: Monica S. Mendoza, CMC City Clerk

APPROVED AS TO FORM:

Kathie B. Guckenberger City Attorney

I, Monica S. Mendoza, City Clerk of the City of Golden, Colorado, do hereby certify that the foregoing is a true copy of a certain proposed ordinance introduced and read before the City Council of the City of Golden at a regular meeting thereof held on the 11th day of July, 2023, and ordered by said City Council to be published as the law provides, and that a public hearing is declared for the 25th day of July, 2023, at 6:30 p.m. at City Hall, 911 10th Street, Golden.

ATTEST: MONICA S. MENDOZA

Monica S. Mendoza, City Clerk of the City of Golden, Colorado

Legal Notice No.: 416640

First Publication: July 20, 2023

Last Publication: July 20, 2023

Publisher: Golden Transcript

ORDINANCE NO. 2217

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, AMENDING SECTION 3.05.030 OF THE GOLDEN MUNICIPAL CODE CONCERNING LOCAL RETAIL SALES TAX LICENSES

WHEREAS, the City of Golden, Colorado, (the “City”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and

WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the authority to enact, administer and enforce sales and use taxes is within the constitutional grant of power to the City and is necessary to raise revenue with which to conduct the affairs and render the services performed by the City; and

WHEREAS, pursuant to such authority, the City has adopted and enacted the City of Golden Tax Code (the “Code”), under which City sales and use tax is levied; and

WHEREAS, Chapter 3.05 of the Code requires a sales and use tax license for any person carrying on of any trade, profession, business, privilege, occupation or calling of any kind within the City; and

WHEREAS, pursuant to Senate Bill 22-032, and as a matter of statewide concern, the Colorado General

Assembly prohibited local taxing jurisdictions from requiring retailers to apply separately for a local license to make retail sales in such jurisdictions if such retailers have a state standard retail license and either do not have physical presence or have only incidental physical presence within the local taxing jurisdiction, effective July 1, 2023, as set forth in C.R.S. Section 39-26-802.9; and

WHEREAS, the City Council has determined that modifying the sales tax licensing provisions in the Municipal Code to conform to Senate Bill 22-032 is in the City’s best interest.

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO:

Section 1. Recitals Incorporated. The recitals set forth above are hereby incorporated by reference and are adopted as findings and determinations by the City Council.

Section 2. Section 3.05.030(f) Amended. Subsection (f) of Section 3.05.030 of the Golden Municipal Code, “Licensing,” is hereby amended to read as follows, with additions shown in underline and deletions shown in strikethrough: 3.05.030 Licensing.

(f) Any retailer having only an economic nexus with the city and that either has not established a physical presence in the city or that has only incidental physical presence in the city shall be exempt from the provi- sions of Section 3.05.010, subsections 3.05.020(b) and (c), and the license renewal provisions of section 3.05.040 of this chapter. ; provided, however, s Such retailer, including a retailer that has been issued a state standard retail license, shall furnish furnishes in writing to the finance director any change to the name and address or contact information or additional information as required by the finance director pursuant to Section 3.06.010 of this Code. of the licensee or any other material change to the information submitted on an application for a license within 30 calendar days of such change.

Section 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 4. Repealer. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

Section 5. The repeal or modification of any provision of the Municipal Code of the City of Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Section 6. Safety. This ordinance is deemed necessary for the protection of health, welfare, and safety of the community.

Section 7. Codification Amendments. The codifier of the City’s Municipal Code, Municode, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this ordinance within the Golden Municipal Code.

Section 8. Effective Date. This ordinance shall become effective five (5) days after publication following final passage in accordance with Section 5.9 of the Charter for the City of Golden, Colorado.

INTRODUCED, READ AND PASSED AS AN ORDINANCE, ON FIRST READING, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THE 11TH DAY OF JULY, 2023.

READ, PASSED AND ADOPTED AS AN ORDINANCE ON SECOND READING, AT A REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THE DAY OF _________, 2023.

Laura M. Weinberg, Mayor

ATTEST: Monica S. Mendoza, CMC City Clerk

APPROVED AS TO FORM:

Kathie B. Guckenberger

City Attorney I, Monica S. Mendoza, City Clerk of the City of Golden, Colorado, do hereby certify that the foregoing is a true copy of a certain proposed ordinance introduced and read before the City Council of the City of Golden at a regular meeting thereof held on the 11th day of July, 2023, and ordered by said City Council to be published as the law provides, and that a public hearing is declared for the 25th day of July, 2023, at 6:30 p.m. at City Hall, 911 10th Street, Golden.

ATTEST:

MONICA S. MENDOZA

Monica S. Mendoza, City Clerk of the City of Golden, Colorado

Legal Notice No.: 416638

First Publication: July 20, 2023

Last Publication: July 20, 2023

Publisher: Golden Transcript

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