1 CCR 203-1-7-100 - Definitions

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

A. "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.

B. "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.

C. "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.

D. "Division" means the State of Colorado Department of Revenue's Liquor Enforcement Division, except as provided otherwise.

E. "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.

F. "Licensed Gaming Establishment" means any premises licensed pursuant to article 30 of title 44 for the conduct of gaming.

G. "Minor" means a person under twenty-one years of age.

H. "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 section 25-14-204(3), C.R.S., including, but not limited to:

1. Prohibiting entry by any person under twenty-one years of age; and

2. Displaying signage in at least one conspicuous place and at least four inches by six inches in size stating either:

a. "Smoking allowed. Persons under twenty-one years of age may not enter."; or

b. 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 years of age may not enter."

I. "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.

J. "Retailer" means the owner or operator of business of any kind at a specific location that sells cigarettes, tobacco products, or nicotine products to a user or consumer.

K. "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.

L. "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.

Notes

1 CCR 203-1-7-100

38 CR 02, January 25, 2015, effective 2/14/2015 44 CR 11, June 10, 2021, effective 4/30/2021 44 CR 15, August 10, 2021, effective 6/30/2021 44 CR 18, September 25, 2021, effective 10/15/2021 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 23, December 10, 2022, effective 12/30/2022 46 CR 23, December 10, 2023, effective 1/1/2024