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.
A. 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.
B. 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.
C. A temporary state license is not
renewable, and shall remain in effect until the earlier of:
1. Thirty (30) days from the date a temporary
state license application is approved for a specific retail location;
or
2. 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.
D. 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.
E. The Division shall approve or deny a
temporary state license application within five (5) business days after
receiving the application.
Notes
1 CCR 203-1-7-305
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
