HOUSE BILL 971088
BY REPRESENTATIVES Clarke, Gordon, Grossman, Hagedorn, Leyba, Snyder, Tate, and Veiga;
also SENATORS Hopper and Linkhart.
CONCERNING RESTRICTIONS ON THE LOCATION OF CIGARETTE
VENDING MACHINES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1813121
(4) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
1813121. Furnishing cigarettes
or tobacco products to minors sale of cigarettes or tobacco
products in vending machines prohibited warning sign.
(4) (a) Any person who sells or offers to sell
any cigarettes or tobacco products, as defined in section 3928.5101
(5), C.R.S., by use of a vending machine or other coinoperated
machine commits a class 2 petty offense, and, upon conviction
thereof, shall be punished by a fine of two hundred dollars; except
that cigarettes may be sold at retail through vending machines
only in:
(I) Factories, businesses, offices, or other places
not open to the general public;
(II) Places to which persons under the
age of eighteen years are not permitted access; or
(III) (A) Places
where the vending machine is under the direct supervision of the
owner of the establishment or an adult employee of the owner,
including but not limited to, establishments holding a valid liquor
license issued pursuant to article 47 of title 12, C.R.S.
(B) As used in this section, "under
direct supervision" means the vending machine shall be in
plain vision of the employee or owner during regular business
hours. It shall be an affirmative defense to a prosecution under
this paragraph (a) that the person selling or offering to sell
the tobacco product was presented with and reasonably relied upon
a document which identified the person purchasing the tobacco
product as being eighteen years of age or older.
ESTABLISHMENTS WHERE THE VENDING MACHINE DISPENSES CIGARETTES
THROUGH THE OPERATION OF A DEVICE THAT ENABLES AN ADULT EMPLOYEE
OF THE ESTABLISHMENT TO PREVENT THE DISPENSING OF CIGARETTES TO
MINORS.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO