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Home My WebLink About2019-22PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2019, First Reading, on the Town of Vail's web site, www.vailciov.com, on the 7th day of December, 2019. Witness my hand and seal this 7th day of December. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 22 SERIES 2019 AN ORDINANCE AMENDING SECTION 4-3-3-2 OF THE VAIL TOWN CODE TO IMPOSE A SPECIAL SALES TAX ON CIGARETTES, TOBACCO PRODUCTS AND NICOTINE PRODUCTS AT THE RATE OF 15 CENTS PER CIGARETTE SOLD OR $3.00 PER PACK OF 20 CIGARETTES SOLD AND 40% ON THE PRICE PAID FOR THE PURCHASE OF ALL OTHER TOBACCO PRODUCTS AND NICOTINE PRODUCTS, STARTING ON JANUARY 1, 2020 WHEREAS, at the November 2019 regular Town election, a majority of the registered electors of the Town voted in favor of Ballot Issue No. 1, a ballot issue to allow the Town to impose a special sales tax on tobacco products and nicotine products, starting on January 1, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-3-2 of the Vail Town Code is hereby amended by the addition of a new subsection G, to read as follows: 7-3-3-2: COLLECTION OF SALES TAX: G. Special Sales Tax on Tobacco and Nicotine Products: Every retailer or vendor engaged in the business of selling nicotine products or tobacco products in the Town, as those terms are defined in C.R.S. §§ 39-28-202 and 18-13-121, shall be liable and responsible for the payment of an amount equal to 15 cents per cigarette sold or $3.00 per pack of cigarettes sold, and 40% on the price paid for all other nicotine products and tobacco products, and shall before the 20th day of each month make a return to the Finance Director for the preceding calendar month, together with remittance of all amounts due hereunder. For purposes of this subsection, all such returns and remittance shall be considered timely made to the Finance Director if they are sent by U.S. mail and are postmarked on or before the 20th day of the month. If the 201h day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. The special sales tax levied by this Section shall be subject to all other provisions of this Chapter. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 22, Series of 2019 Section 3. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2019 and a public hearing for second reading of this Ordinance is set for the 17t" day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17t" day of December, 2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 121212019 IFILESERVER20191REDIRECTED$ITNAGEL IDESKTOMORDINANCE NO. 22 SERIES OF 2019 TOBACCO TAX- 0120219. DOCX PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2019, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 18"' day of December, 2019. Witness my hand and seal this 1811 day of December. A Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 22 SERIES 2019 AN ORDINANCE AMENDING SECTION 4-3-3-2 OF THE VAIL TOWN CODE TO IMPOSE A SPECIAL SALES TAX ON CIGARETTES, TOBACCO PRODUCTS AND NICOTINE PRODUCTS AT THE RATE OF 15 CENTS PER CIGARETTE SOLD OR $3.00 PER PACK OF 20 CIGARETTES SOLD AND 40% ON THE PRICE PAID FOR THE PURCHASE OF ALL OTHER TOBACCO PRODUCTS AND NICOTINE PRODUCTS, STARTING ON JANUARY 1, 2020 WHEREAS, at the November 2019 regular Town election, a majority of the registered electors of the Town voted in favor of Ballot Issue No. 1, a ballot issue to allow the Town to impose a special sales tax on tobacco products and nicotine products, starting on January 1, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-3-2 of the Vail Town Code is hereby amended by the addition of a new subsection G, to read as follows: 4-3-3-2: COLLECTION OF SALES TAX: G. Special Sales Tax on Tobacco and Nicotine Products: Every retailer or vendor engaged in the business of selling nicotine products or tobacco products in the Town, as those terms are defined in C.R.S. §§ 39-28-202 and 18-13-121, shall be liable and responsible for the payment of an amount equal to 15 cents per cigarette sold or $3.00 per pack of 20 cigarettes sold, and 40% on the price paid for all other nicotine products and tobacco products, and shall before the 20th day of each month make a return to the Finance Director for the preceding calendar month, together with remittance of all amounts due hereunder. For purposes of this subsection, all such returns and remittance shall be considered timely made to the Finance Director if they are submitted on or before the 20th day of the month. If the 20th day of any month falls on a weekend or holiday, said return and remittance may be submitted the following business day. The special sales tax levied by this Section shall be subject to all other provisions of this Chapter. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 12/11/2019 C:IPROGRAM FILES (X86)WEEVIA.COMIDOCCONVERTERPROITEMPINVDC17689228B-84D7-4106-9B08- 3C14D6067E081VAIL GOV.13671.1.TOBACCO_TAX-0120219 (002)KH.DOCX Section 3. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2019 and a public hearing for second reading of this Ordinance is set for the 17th day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of December, 2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 1211112019 CAPROGRAM FILES ()(86)WEEVIA.COMIDOCCONVERTERPROITEMPINVDC17689228B-84D7-4106-9B08- 3C14D6067E08WA1L GOV.13671.1.TOBACCO_TAX-0120219 (002)KH.DOCX