4-5-4: DEFINITIONS:
As used in this chapter the following words have the following meanings:
ADULT-ONLY FACILITY: A physical location where each person attempting to enter the premises is required to present the person's photographic government issued identification verifying that the person is at least the minimum legal sales age for tobacco products prior to entry.
APPLICANT: A person who has submitted an application for license pursuant to this chapter.
APPLICATION: An application for license submitted pursuant to this chapter.
CIGARETTE, TOBACCO PRODUCT, OR NICOTINE PRODUCT: 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
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. "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.
DAY: A calendar day, unless otherwise indicated.
DISTRIBUTOR: A person who sells or distributes cigarettes, tobacco products, or nicotine products to licensed retailers in this state. "Distributor" includes a "distributor" or "distributing subcontractor" as those terms are defined in section 39-28.5-101, Colorado Revised Statutes.
ELECTRONIC SMOKING DEVICE OR ESD: Any product that contains or delivers nicotine or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product and any similar product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor. ESDs do not include:
1. A humidifier or similar device that emits only water vapor; or
2. An inhaler, nebulizer, or vaporizer that is approved by the federal Food and Drug Administration for the delivery of medication.
GOOD CAUSE (for the purpose of refusing or denying a license renewal under this chapter): Means:
1. The licensee has violated, does not meet, or has failed to comply with: (a) any of the terms, conditions, or provisions of this chapter; or (b) any rule and regulation promulgated by the town clerk pursuant to this chapter; or
2. The licensee has failed to comply with: (a) any of the terms and conditions of its license including, but not limited to, any special terms or conditions that were placed on its license at the time the license was issued or were subsequently modified by the town clerk pursuant to section 4-5-11(B) of this chapter, or (b) any special condition that was placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings.
LICENSED PREMISES: The physical location for which a license is issued pursuant to this chapter.
LICENSEE: The person to whom a license has been issued pursuant to this chapter.
LOCAL LICENSING AUTHORITY: The liquor and marijuana licensing authority referred to interchangeably in this chapter as the "LMLA" or licensing authority.
MINOR: A person under twenty one (21) years of age.
NEW RETAIL LOCATION: A retail location at which cigarettes, tobacco products, or nicotine products were not sold before July 1, 2021, and includes any retail location transferred to a new owner after July 1, 2021; the new owner need not comply with distance requirements.
PERSON: Has the meaning provided in section 1-3-2 of this Code.
POLICE CHIEF: The police chief of the town, or the police chief designee authorized to act pursuant to section 1-7-2 of this Code.
RETAILER: The owner or operator of a business of any kind at a specific location that sells cigarettes, tobacco products, or nicotine products.
SCHOOL : A public, parochial, or nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one (1) through twelve (12).
STATE LICENSE means a license issued by the division in accordance with section 44-7-104.5, Colorado Revised Statutes.
TOWN: Has the meaning provided in section 1-3-2 of this Code.
TOWN CLERK: The town clerk of the town, or the town clerk's designee authorized to act pursuant to section 1-7-2 of this Code.
TOWN MANAGER: The town manager of the town, or the town manager's designee authorized to act pursuant to section 1-7-2 of this Code.
WHOLESALER: A person engaged in the wholesale distribution of cigarettes, tobacco products, or nicotine products and includes a "wholesaler" and "wholesale subcontractor" as those terms are defined in section 39-28-101, Colorado Revised Statutes. (Ord. 12, Series 2022)