ORDINANCE NO 1917 AN ORDINANCE AMENDING TITLE 4 BUSINESS REGULATIONS AND LICENSES OF THE GOLDEN MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER

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1 ORDINANCE NO 1917 AN ORDINANCE AMENDING TITLE 4 BUSINESS REGULATIONS AND LICENSES OF THE GOLDEN MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 4 96 ENTITLED NON CIGARETTE TOBACCO PRODUCT RETAILERS ESTABLISHING PROCEDURES FORLICENSING AND REGULATING THE SALE OF NON CIGARETTE TOBACCO PRODUCTS WHEREAS tobao produts and the City of Golden reognizes the dangers assoiated with youth aess to WHEREAS a loal liensing system for retailers who sell non igarette tobao produts is appropriate to protet the health safety and welfare of young people in Golden and WHEREAS the requirement for a tobao retailer liense to sell non igarette tobao produts will not unduly burden legitimate business ativities of retailers who sell non igarette tobao produts to adults THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN COLORADO Setion 1 Title 4 Business Regulations and Lienses of the Golden Muniipal Code is amended by the enatment of Chapter 4 96 entitled Non Cigarette Tobao Produt Retailers as follows CHAPTER 4 96 NON CIGARETTE TOBACCO PRODUCT RETAILERS Legislative Intent It is the intent of the City Counil of Golden in enating this Chapter to prohibit sales of non igarette tobao produts to youth to enourage responsible tobao retailing and to redue the impat of tobao produt use by young people in Golden Definitions The following words and phrases when used in this Chapter shall have the following meanings unless the ontext learly indiates otherwise Cigarette means any produt that ontains tobao or niotine that is intended to be burned or heated under ordinary onditions of use and onsists of or ontains 1 any roll of tobao or wrapped in paper or in any substane not ontaining tobao produt whih beause of its appearane or 2 tobao in any form that is funtional in the the type of tobao used in the filler or its pakaging or labeling is likely to be offered to or purhased by onsumers as a igarette or 3 any roll of tobao wrapped in any substane ontaining tobao that beause of its appearane the type of tobao used in the filler or its pakaging and labeling is likely to be offered to or purhased by onsumers as a igarette desribed in subparagraph 1 above The term inludes all roll your own i e any tobao that beause of its appearane type pakaging or labeling is suitable for use and likely to be offered to or purhased by onsumers as tobao for making igarettes

2 Page 2 Department means the City of Golden Polie Department and any ageny or person designated by the Department to enfore or administer the provisions of this Chapter liense refers to the Non Cigarette Tobao Produt Retailer Liense liensee means to the owner or holder of a Non Cigarette and shall inlude the employees agents and offiers thereof as appropriate Tobao Produt Retailer Liense liensed Premises means any area of the premises where non igarette tobao produts are authorized to be sold or distributed to a onsumer inluding but not limited to the grounds oupied by a retailer and any store stand outlet loation vending produts are sold as designated in the approved Liense appliation mahine or struture where non igarette tobao Non Cigarette Tobao Produt inludes 1 any produt other than a igarette tobao or niotine or is made or derived from tobao that is intended or expeted to be ingested that ontains smoked inhaled plaed in oral or nasal avities or applied to the skin of an individual or 2 any eletroni devie that an be used to deliver niotine or tobao to the person using the devie inluding but not limited to an eletroni igarette igar igarillo or pipe The term Non Cigarette Tobao Produt does not inlude any produt speifially approved by the United States Food and Drug Administration for use in reduing treating or eliminating niotine or tobao dependene or for other medial purposes when suh produt s is being marketed and sold solely for suh an approved purpose Non Cigarette Tobao Produt Retailer means or offers to exhange for any form ofonsideration a Non Cigarette Tobao Produt Retailing for any form of onsideration a non igarette any person who sells offers for sale or does non igarette tobao produt tobao produt means the selling offering for sale or exhanging Retail Tobao Business means a person engaged primarily in the sale manufature or promotion of tobao tobao produts smoking devies or aessories either at wholesale or retail and in whih the sale manufature or promotion of other produts is less than 25 of gross sales reeipts For purposes of enforement of this Chapter a retail tobao business shall also inlude but is not limited to a person engaged primarily in the sale or manufature of hookah or shisha produts and related smoking produts inluding but not limited to any plant or other organi matter pakaged for smoking or held out as a smoking produt or any person engaged in the promotion of hookah or shisha smoking sometimes referred to as a hookah bar lounge or afe shool Youth Oriented Faility means any publi or private elementary shool middle shool high Liense Required a Non Cigarette Tobao Produt Retailer Liense Required 1 It shall be unlawful for any person to at as a non igarette tobao produt retailer in the City of Golden without first obtaining and maintaining a valid Liense pursuant to this Chapter for eah loation where non igarette tobao produt retailing ours 2 No Liense may be issued to authorize non igarette tobao produt retailing

3 Page 3 anywhere other than at a fixed loation that is designated in the Liense appliation and approved Liense Non igarette tobao produt retailing from vehiles is prohibited 3 Exept as provided in this subparagraph no Liense shall be issued to authorize non igarette produt retailing within five hundred 500 feet of a youth oriented faility as measured by a straight line from the nearest point ofthe property lineof the site of the youth oriented faility to the nearest point of the property line of the site of the business premises proposed for liensure The foregoing notwithstanding a non igarette tobao produt retailer operating lawfully on April shall be exempt from the five hundred 500 foot prohibition set forth in this Setion provided that a Liense for suh loation is issued within thirty 30 days of the effetive date of this ordinane and ontinuously maintained 4 A Liensed Premise may only have one ative Liense at one time law 5 Non igarette tobao retailing without a valid Liense is a nuisane as a matter of b Display of Liense loation at the Liensed Premises Eah Liense shall be prominently displayed in a publily visible suh person has been revoked A person may not apply for a new Liense for a one year period after a Liense held by d No Liense shall be issued to any natural person under eighteen 18 years of age Regulations a Requirements of positive identifiation No Liensee shall sell or transfer a non igarette tobao produt without first examining the identifiation of the reipient to onfirm that the reipient is at least the minimum age loal law to purhase and possess the non igarette tobao produt under state and b Minimum age for persons handling non igarette tobao produts Liensees shall not allow permit or require any person who is younger than the age of 18 years to sell stok retrieve or otherwise handle said non igarette tobao produts during the ourse of operation of the business No unaompanied minors permitted in retail tobao businesses Liensee shall not allow or permit a person who is younger than age 18 years to be admitted or remain upon the liensed premises of a retail tobao business unless suh person is aompanied by his or her parent or guardian The Liensee of a retail tobao business shall post and keep at all times visible to the publi in a onspiuous plae on the Liensed Premises a sign to be provided by the City Clerk s offie whih shall read as follows WARNING It is a violation of the Golden Muniipal Code for any person under eighteen 18 years of age to be on the premises of this business unless aompanied by their parent or guardian

4 Page Appliation Proedure a An appliation for a Liense shall be submitted and signed by an individual authorized by the person making appliation for the Liense b An appliation for a Liense for an operation for whih there is areasonable expetation that it will meet the definition of Retail Tobao Business shall so indiate in the appliation For any Liense that is granted pursuant to an appliation indiating that a Retail Tobao Business is antiipated on the liensed premises there shall be a rebuttal presumption that in fat the business is aretail Tobao Business All Liense appliations shall be submitted on aform supplied by the City Clerk d required in this Chapter All Liense appliations shall be aompanied by the payment in full of all fees as e Appliants and Liensees shall inform the City Clerk in writing of any hange to the information submitted on an appliation for a Liense within thirty 30 alendar days of a hange inluding without limitation a hange that indiates that the Liensee is operating as a Retail Tobao Business Issuane of anon Cigarette Tobao Produt Liense a Upon the reeipt of a ompleted appliation for a Liense and all required fees the City Clerk shall issue a Liense within thirty 30 days whih period may be extended by the City Clerk for good ause unless redible evidene indiates that one or more ofthe following bases for denial exists 1 The information presented in the appliation is inomplete inaurate or false issuane of aliense 2 The appliant seeks a Liense for a loation where this Chapter prohibits the 3 The appliant seeks aliense for a loation that is not appropriately zoned for the use or 4 The proposed loation for the requested Liense is not otherwise in ompliane with all City state or federal laws that pertain to the proposed use of this Chapter 5 The appliant is not qualified to hold the requested Liense under the provisions b If the City Clerk denies the appliation for issuane of the Liense the City lerk shall notify the appliant in writing by regular mail postage prepaid to the address shown in the appliation The notie shall inlude the grounds for denial Notie is deemed to have been properly given upon mailing Appeal of Denial of Issuane of Liense a An appliant has the right to appeal the City Clerk s denial of an appliation to a Hearing Offier that shall be appointed by the City Counil by resolution 20 days ofthe date ofthe notie of denial of the issuane ofaliense Suh appeal shall be initiated by filing a written request with the City Clerk within twenty

5 Page 5 b appliant s right The appliant s failure to timely appeal the deision of the City Clerk is a waiver the to ontest the denial of the issuane of the Liense The appeal inluding any right to further appeals shall be onduted and ontrolled by the provisions of Chapter 2 35 ofthe Golden Muniipal Code Liense Terms Renewal Expiration a Term A Liense shall be valid for a term of one 1 year A Liense is invalid ifthe appropriate fee has not been timely paid the term ofthe Liense has expired in full orif b Renewal of Liense A Liensee shall apply for the renewal of the Liense and submit the renewal liense fee no later than thirty 30 days prior to expiration of the existing term Clerk shall renew the Liense prior to the end of the term provided that the renewal appliation were timely submitted and the City Clerk is not aware of fat that would have prevented original Liense The City and fee issuane of the Expiration ofliense A Liense that is not timely renewed shall expire at the end of its term The failure to timely obtain a renewal of a Liense requires submission of a new appliation There shall be no sale or of any non igarette tobao produts after the Liense expiration date and before the new Liense is issued Non Transferable another or from one loation to another a Liense shall not be transferred from one person to b When a Liense has been issued to a husband and wife or to general or limited partners the death of a spouse or partner shall not require the surviving spouse or partner the remainder of the term of that liense All rights and privileges granted under the original ontinue in full fore and effet as to suh survivors for the balane of the term ofthe liense to obtain a new Liense for Liense shall Fee for Liense The fee to issue or to renew a Liense shall be established from time to time by resolution of the City Counil The fee shall be alulated so as to reover the ost of administration and enforement of this Chapter inluding for example issuing a liense administering the liense program retailer eduation and training retailer inspetion ompliane heks doumentation of violations and proseution of violators but shall not exeed the estimated ost of the regulatory program authorized by this Chapter Fees are nonrefundable exept as may be required by law Compliane Monitoring a Compliane monitoring of this Chapter shall be by the Department as the Department deems appropriate b The Department shall have the disretion to onsider previous ompliane hek history of a Liensee in determining how frequently to ondut ompliane heks of a Liensee with respet to individual Liensees Nothing in this paragraph shall reate a right ofation in any Liensee or other person against the City the Department or their agents and offiers d Compliane heks shall be onduted as the Department deems appropriate so as to allow the

6 Page 6 Department to determine at a minimum if the non igarette business in a manner that omplies with laws regulating aess to non tobao produt retailer is onduting igarette tobao produts When the Department deems appropriate the ompliane heks may determine ompliane with other laws appliable to non igarette tobao produts e The Department shall not enfore any law establishing a minimum age for tobao purhases or possession against a person who otherwise might be in violation of suh law beause of the person s age hereinafter youth deoy if the potential violation ours when 1 the youth deoy is partiipating in a ompliane hek supervised by a peae ode enforement offiialof the Department or offier or a 2 the youth deoy is ating as an agent of a person designated by the City to monitor ompliane with this Chapter or 3 the youth deoy is partiipating in a ompliane hek funded in part either diretly or indiretly through subontrating by the State of Colorado or Jefferson County Department of Health and Environment or the Colorado Department of Health and Environment Suspension or Revoation of Liense a The following shall be grounds for suspension or revoation of the liensee s Liense s I A violation by aliensee or a Liensee s offiers agents or employees of any of the provisions of this Chapter or any laws of the State of Colorado or ordinanes of the City of Golden relating to the sale or furnishing of tobao or igarettes to minors or the storage or display of igarettes or tobao produts inluding without limitation C RS or C R S and Setion of the Golden Muniipal Code 2 Violations of any onditions imposed by the City Clerk or Hearing Offier in onnetion with the issuane or renewal of the Liense assoiated with the Liense 3 Failure to pay State or loal taxes that are related to the operation of the business 4 Loss of right to possession to the liensed premises 5 Fraud misrepresentation or a false statement of material fat ontained in the original orrenewal liense appliation b The City Counil shall appoint a Hearing Offier to hear all ations relating to the suspension or revoation of Lienses pursuant to this Chapter The Hearing Offier shall have the authority to impose remedial santions for violations The department shall ommene suspension or revoation proeedings by petitioning the hearings offier to issue an order to the liensee to show ause why the liensee s liense s should not be suspended or revoked The Hearing Offier shall issue suh an order to show ause if the petition demonstrates that probable ause exists to determine that one or more grounds exist pursuant to subsetion a to suspend orrevoke the liensee s Liense The order to show ause shall set the matter for a publi hearing before the hearings offier d The City Clerk shall give notie of the publi hearing no later than thirty 30 days prior to the hearing by mailing the same in writing to the Liensee at the address ontained in the liensee s

7 Page 7 Liense At the hearing witnesses the Liensee shall have the opportunity to be heard to present evidene and and to ross examine witnesses presented by the department The Hearing Offier shall have the power to administer oaths and issue subpoenas to require the presene of persons and the prodution of papers books and reords neessary to the determination of any hearing that the hearing offier is authorized to ondut The standard of proof at suh hearings shall be a preponderane of the evidene The burden of proof shall be upon the department e In determining whether a Liense should by suspended or revoked and in determining whether to impose onditions in the event of a suspension the hearings offier shall onsider the following fators 1 The nature and irumstanes ofthe violation 2 Corretive ation if any taken by the liensee 3 Prior violations if any by the liensee 4 The likelihood of reurrene ofthe violation 5 Whether the violation was willful 6 Previous santions if any on imposed the liensee f The Hearing Offier shall onsider the following non binding guidelines in determining whether to suspend or revoke a Liense and in the ase of a suspension the length of the suspension The purpose of these guidelines to provide onsistent treatment of violations of this Chapter The atual santion imposed upon a liensee for any violation may vary from the guidelines when warranted by the speifi fats and irumstanes of the ase The deision of the hearings offier with respet to the suspension or revoation of a liense shall onstitute a final administrative ation by the City of Golden subjet to judiial review to the Muniipal Court pursuant to Setion of the Golden Muniipal Code 1 For a first offense within a one year period suspension for seven 7 days 2 For a seond offense within a one year period suspension for thirty 30 days 2 For a third or subsequent offense within a one year revoation of the liense period Enforement a The remedies provided by this Chapter and in addition to any other remedies available at law or in equity are umulative b Causing permitting aiding abetting or onealing a violation of any provision Chapter is unlawful and shall ause the offender to be subjet to the general penalty provisions Golden Muniipal Code of this of the Violations of this Chapter are hereby delared to be publi nuisanes d In addition to other remedies provided by this Chapter or by other law any violation of this Chapter may be remedied by a ivil ation brought by the City Attorney inluding for example administrative or judiial nuisane abatement proeedings ivil or riminal ode enforement

8 Page 8 proeedings and suits for injuntive relief Compliane with CRS Setion This Chapter is not nor shall not be onstrued in any way as a imposing fee liense or tax as a ondition for engaging business of selling igarettes or imposing a tax on igarettes The Non Cigarette in the Tobao Produt Retailer Liense in no way applies to the sale of igarettes IT any part of this Chapter is found to impose a fee liense or tax as a ondition for engaging in the business of selling igarettes then that part shall be deemed void Setion 2 Neither this ordinane or the adoption of Chapter 4 96 of the Golden Muniipal Code shall be onstrued in any way as imposing afee liense or tax as aondition for engaging in the business of selling igarettes or imposing a tax on igarettes The Non Cigarette Tobao Produt Retailer Liense in no way applies to the sale of igarettes H any part of this Chapter is found to impose afee liense or tax as a ondition for engaging in the business of selling igarettes then that part shall be deemed void Setion 3 H any artile setion paragraph sentene lause or phrase of this ordinane is held to be unonstitutional or invalid for any reason suh deision shall not affet the validity or onstitutionality of the remaining portions of this ordinane The City Counil hereby delares that it would have passed this ordinane and eah part or parts hereof irrespetive of the fat that anyone part or parts be delared unonstitutional or invalid Setion 4 All other ordinanes or portions thereof inonsistent or onfliting ordinane or any portion hereof is hereby repealed to the extent of suh inonsisteny or onflit with this Setion 5 The repeal or modifiation of any provision of the Muniipal Code of the City of Golden by this ordinane shall not release extinguish alter modify or hange in whole or in part any penalty forfeiture or liability either ivil or riminal whih shall have been inurred under suh provision Eah provision shall be treated and held as still remaining in fore for the purpose of sustaining any and all proper ations suits proeedings and proseutions for enforement of the penalty forfeiture or liability as well as for the purpose ofsustaining any judgment deree or order whih an or may be rendered entered or made in suh ations suits proeedings or proseutions Setion 6 This ordinane is deemed neessary for the protetion of health welfare and safety of the ommunity Setion 7 Violations of this ordinane shall be punishable as set forth in Setion of the Golden Muniipal Code Introdued read passed and ordered published this12th day of April 2012 Passed and adopted upon seond reading and ordered published this 26th day of April 2012

9 Page 9 D Susan M Brooks MMC City Clerk APPROVED AS TO FORM David S Williamson City Attorney I Susan M Brooks City Clerk of the City of Golden Colorado do hereby ertify that the foregoing ordinane was introdued on first reading and read at a regular business meeting of the City Counil of said ity held on the 121b day of April 2012 and was published as a proposed ordinane in the Golden Transript legal newspaper as the law direts seven days or more prior to its passage A publi hearing was held on the 261b day of April 2012 and the said proposed ordinane was read on seond reading The ordinane was passed by the City Counil and ordered published in the aforesaid newspaper as the law direts on the 261b day of April 2012 Witness my hand and offiial seal of the City of Golden Colorado this 271b day of April 2012 Jl A D X b Susan M Brooks MMC City Clerk of the City of Golden Colorado

i e AT 14 of 2000 RETIREMENT BENEFITS SCHEMES ACT 2000

i e AT 14 of 2000 RETIREMENT BENEFITS SCHEMES ACT 2000 Retirement Benefits Shemes At 2000 Index i e RETIREMENT BENEFITS SCHEMES ACT 2000 Index Setion Page PART 1 PROMOTION OF RETIREMENT BENEFITS SCHEMES