Colorado

Clean Indoor Air

Public Places

Smoking is prohibited in almost all indoor areas, including most places of employment, restaurants, bars and casinos. See Colorado Revised Statute section 25-14-204 for a detailed list. Smoking is also prohibited within 15 feet or other distance specified by local communities of entryways to indoor areas where smoking is prohibited. This does not apply to: 1) private homes, private residences and private automobiles except if any such home, residence or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation; 2) limousines under private hire; 3) up to 25 percent of hotel/motel rooms rented to guests; 4) any retail tobacco business; 5) a cigar-tobacco bar as defined; 6) an airport smoking concession; 7) the outdoor area of any business; 8) a place of employment that is not open to the public and is under the control of an employer that employs three or fewer employees, provided that employees who request to work in a smokefree work area shall be provided with one; 9) a private non-residential building on a farm or ranch that has annual gross income of less than $500,000; and 10) designated smoking areas for residents of assisted living facilities and their guests, provided the area is fully enclosed and ventilated. The owner or manager of a place not specifically listed or exempted may post signs prohibiting smoking or limiting it to designated areas, which shall have the effect of including the place/area in the list of indoor areas where smoking is prohibited.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

A local authority may enact, adopt and enforce smoking regulations that cover the same subject matter as the above state law. No local authority may adopt any local regulation of smoking that is less stringent than the above state law, except a local authority may specify a radius of less than 15 feet for the area included within an entryway.

COLO. REV. STAT. ANN. § 25-14-207(2)(a) (2006).

Government Buildings

Smoking is prohibited in almost all indoor areas, including public buildings, which are defined as any building owned or operated by the state, including the legislative, executive and judicial branches of state government; any county, city and county, city, town, or instrumentality thereof or any political subdivision of the state, a special district, an authority, a commission or an agency; or any other separate corporate instrumentality or unit of state or local government. Smoking is also specifically prohibited in public meeting places, government-owned or operated means of mass transportation, jury waiting and deliberation rooms and courtrooms.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Private Workplaces

Smoking is prohibited in almost all indoor areas, which includes almost all private places of employment. Smoking is also prohibited within 15 feet or other distance specified by local authority of entryways to places of employment. Places of employment that are not open to the public and have three or fewer employees are exempt, provided that employees in exempted places of employment are entitled to a smokefree work area upon request. Outdoor areas of places of employment are also specifically exempted.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Schools

The board of education of each school district must adopt policies and rules that mandate a prohibition of the use of all tobacco products on the grounds of all public nursery schools, day care centers, child care facilities, Head Start programs, kindergarten, and elementary and secondary education facilities through grade 12. This prohibition pertains to all students, teachers, staff, and visitors on school property and at school-sponsored events. Smoking is also prohibited in all vehicles used by the school for the purpose of transporting students, workers, visitors, or any other persons. Signs regarding such prohibition and the consequences of violation shall be displayed prominently on all school property to ensure compliance. This does not apply to the use of a tobacco product in a limited classroom demonstration to show the health hazards of tobacco use. Schools are also allowed to enact more stringent policies or rules.

COLO. REV. STAT. ANN. § 25-14-103.5 (1998).

Smoking is prohibited in almost all indoor areas, including to the extent not covered by Colorado Revised Statute section 25-14-103.5 above public and nonpublic schools. Smoking is also specifically prohibited in other educational and vocational institutions and within 15 feet or other distance specified by local authority of entryways to these places.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Child Care Centers

The board of education of each school district must adopt policies and rules that prohibit the use of tobacco products on the property and in the vehicles of public nursery schools, day care centers, childcare facilities, and Head Start programs. This prohibition pertains to all students, teachers, staff and visitors.

COLO. REV. STAT. ANN. §§ 25-14-103.5 (1998).

Smoking is also prohibited in almost all indoor areas, specifically including all child day care facilities, and within 15 feet or other distance specified by local authority of entryways to child day care facilities.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Health Facilities

Smoking is prohibited in almost all indoor areas, including health care facilities. Health care facilities specifically include hospitals, health care clinics, doctor’s offices and other health care related facilities. Smoking is restricted to designated areas in assisted living facilities that are fully enclosed and ventilated, and to which access is restricted to residents or their guests. Smoking is also prohibited within 15 feet or other distance specified by local authority of entryways to health care facilities.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Restaurants

Restaurants: Smoking is prohibited in almost all indoor areas, including food service establishments, which are defined as any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes restaurants, cafeterias, coffee shops, diners, sandwich shops and short-order cafes. Smoking is also prohibited within 15 feet or other distance specified by local authority of entryways to food service establishments.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Bars: Smoking is prohibited in almost all indoor areas, including bars, which are defined as indoor areas primarily devoted to the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. Cigar-tobacco bars are exempt. Cigar-tobacco bars are defined as bars that in the calendar year ending December 31, 2005, generated at least five percent or more of its total annual gross income from the on-site sale of tobacco products and the on-site rental of humidors, not including any sales from vending machines. If a bar previously designated as a cigar-tobacco bar fails to meet these requirements in any calendar year after December 31, 2005, the bar shall lose the cigar-tobacco bar designation permanently. Also a cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005. Smoking is also prohibited within 15 feet or other distance specified by local authority of entryways to bars.

COLO. REV. STAT. ANN. §§ 25-14-201 et seq. (2008).

Penalties/Enforcement

It is unlawful for a person who owns, manages, operates or otherwise controls the use of premises subject to the law prohibiting smoking in indoor areas to violate the provisions of that law. It is also unlawful for a person to smoke in a place subject to the provisions of the law prohibiting smoking in indoor areas. Violation is a Class 2 petty offense subject to a fine not to exceed $200 for a first violation within a calendar year, a fine not to exceed $300 for a second violation within a calendar year and a fine not to exceed $500 for each additional violation within a calendar year. Each day of a continuing violation will be considered a separate offense.

COLO. REV. STAT. ANN. § 25-14-208 (2006).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 84 cents

Date last changed: January 1, 2005 — from 20 cents to 84 cents

Year first enacted: 1964

COLO. REV. STAT. § 39-28-103 (1986) & 39-28-103.5 (2005).

The Tobacco Tax Cash Fund is created in the state treasury. All moneys from the cigarette tax imposed pursuant to Art. X, Sect. 21 of the Colorado Constitution is deposited in this fund. In each fiscal year, three percent of the money deposited in the fund plus three percent of the interest earned from moneys in the fund shall be appropriated to the state general fund, old-age pension fund and municipal and county governments to compensate for lost tax revenue from lower tobacco product sales. The Health Care Expansion Fund, Primary Care Fund, Tobacco Education Programs Fund, and the Prevention, Early Detection and Treatment Fund are created in the state treasury, which will receive 46 percent, 19 percent, 16 percent and 16 percent respectively of the moneys deposited in the fund plus the same respective percentages of the interest from moneys in the fund in each fiscal year. The Tobacco Education Programs Fund money is used to fund the state tobacco prevention program. This portion of the cigarette tax is levied pursuant to a constitutional amendment passed by voters in November 2004.

COLO. REV. STAT. ANN. § 24-22-117 (2005).

Of the revenue generated from the cigarette tax enacted by statute, 15 percent goes to the general fund and 85 percent goes to the old-age pension fund. Revenue from the cigarette tax imposed pursuant to Art. 10, Sect. 21 of the Colorado Constitution is deposited in the Tobacco Tax Cash Fund (see above).

COLO. REV. STAT. § 39-28-110 (2005).

Other Tobacco Products

All other tobacco products: 40% of the manufacturer’s list price

COLO. REV. STAT. ANN. § 39-28.5-102 (1986) & 39-28.5-102.5 (2005).

The revenue from the other tobacco products tax imposed pursuant to Art. X, Sect. 21 Colorado Constitution is deposited in the Tobacco Tax Cash Fund. Moneys are then distributed to several funds from there, including the Tobacco Education Programs Fund, which funds the state tobacco prevention program. See “Cigarettes” section for specific percentages and relevant details. This portion of the other tobacco products tax is levied pursuant to a constitutional amendment passed by voters in November 2004.

COLO. REV. STAT. ANN. § 24-22-117 (2005).

Of the revenue generated from the other tobacco products tax enacted by statute, 15 percent is distributed to the general fund and 85 percent to the old-age pension fund. Revenue from the other tobacco products tax imposed pursuant to Art. 10, Sect. 21 of the Colorado Constitution is deposited in the Tobacco Tax Cash Fund.

COLO. REV. STAT. ANN. § 39-28.5-108 (2005).

Revenue Collected

$202,089,000

Youth Access

Compliance/Enforcement

The Division of Liquor Enforcement has the power to enforce all state statutes relating to the prohibition of the sale of cigarettes and tobacco products to minors. The Department of Revenue is authorized to share information on the identification and address of retailers that sell tobacco products with any state agency responsible for the enforcement of youth access laws. The division shall perform at least the minimum number of random inspections of businesses that sell cigarettes and tobacco products at retail as required by federal regulations.

COLO. REV. STAT. ANN. § 24-35-504 (2001).

Photo ID: Before selling a cigarette or tobacco product to any individual, a person shall request and examine a government-issued photo identification that establishes that the individual is 18 years of age or older. This requirement is waived if the person appears older than 30 years of age. Violation is a petty offense subject to a fine of $200.

COLO. REV. STAT. ANN. § 18-13-121 (2008)

Penalties for Sales to Minors

No retailer shall sell or permit the sale of cigarettes or tobacco products to minors. Violators receive a written warning for the first violation; a $250 fine for the second violation within a 24-month period; a $500 fine for a third violation within a 24-month period; a $1,000 fine for a fourth violation within a 24-month period; and $1,000 to $15,000 for a fifth and subsequent violations within a 24-month period. It is an affirmative defense if the employer has adopted and enforced a written policy against selling cigarettes to minors, required employees to verify the age of the tobacco product customer by way of photographic identification, and had established and imposed disciplinary sanctions for noncompliance. This affirmative defense can only be used two times at each establishment within a 24-month period.

COLO. REV. STAT. ANN. §§ 24-35-503 & 24-35-506 (2001).

A person shall not give, sell, distribute or offer for sale to any person under 18 years of age any cigarettes or tobacco products. Violation is a Class 2 petty offense subject to a fine of $200. It is an affirmative defense to prosecution that the person furnishing the tobacco product was presented and reasonably relied upon a document that the individual as being over 18.

COLO. REV. STAT. ANN. § 18-13-121 (2008).

Penalties to Minors

A minor who purchases or attempts to purchase any tobacco products commits a Class Two petty offense punishable by a fine of $100, or the court in lieu of the fine may sentence the person to participate in a tobacco education program. The court may allow a person convicted under this section to perform community service and be granted credit against the fine and court costs at a rate of $5 for each hour of work performed for up to 50 percent of the fine and court costs. It shall not be an offence if the minor was participating in a compliance check.

COLO. REV. STAT. ANN. § 18-13-121(2) (2008).

Possession of tobacco products by a person less than 18 years of age is prohibited. It shall not be an offense if the person was acting at the direction of a governmental agency authorized to enforce or ensure compliance with laws prohibiting the sale of tobacco products to minors. Violation is a noncriminal offense.

COLO. REV. STAT. ANN. § 25-14-301 (2008).

Sign Posting

Any person who sells or offers to sell any cigarettes or tobacco products shall display a warning sign. The warning sign shall be displayed in a prominent place in the building at all times, shall have a minimum height of three inches and a width of six inches, and shall read as follows: WARNING: IT IS ILLEGAL FOR ANY PERSON UNDER 18 YEARS OF AGE TO PURCHASE CIGARETTES AND TOBACCO PRODUCTS AND, UPON CONVICTION, A $100 FINE MAY BE IMPOSED. Violators receive a written warning for a first offense; $50 fine for a second violation within a 24-month period; $100 fine for a third violation within a 24-month period; $250 fine for a fourth violation in a 24-month period; and $250 to $1,000 fine for a fifth and subsequent violations in a 24-month period.

COLO. REV. STAT. ANN. § 24-35-503 (2001).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

A person shall not give, or distribute to any person under 18 years of age any cigarettes or tobacco products. Violation is a Class 2 petty offense subject to a fine of $200. It is an affirmative defense to prosecution that the person furnishing the tobacco product was presented and reasonably relied upon a document that identified the individual as being over 18.

COLO. REV. STAT. ANN. § 18-13-121 (2008).

Single Cigarettes

No retailer shall sell or offer to sell individual cigarettes, or any pack or container of cigarettes containing fewer than 20 cigarettes, or roll-your-own tobacco in any package containing less than 0.6 ounces of tobacco. Violation is subject to the same penalties as selling cigarettes or tobacco products to minors.

COLO. REV. STAT. ANN. § 24-35-503 (2001).

No person shall import into this state any package of cigarettes that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package. Violation is a class 1 misdemeanor.

COLO REV. STAT. ANN. § 39-28-104.5 (1999).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Sale of cigarettes or tobacco products through vending machines is restricted to factories, businesses, offices or other places not open to the general public; places where persons under 18 are not permitted access; or 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.

COLO. REV. STAT. ANN. § 24-35-503 (2001).

Penalty

Violators are fined $25 for a first violation, $50 for the second violation within a 24-month period, $100 for the third violation within a 24-month period, $250 for a fourth violation in a 24-month period and $250 to $1,000 for a fifth and subsequent violations in a 24-month period.

COLO. REV. STAT. ANN. § 24-35-506 (2001).

Sign Posting

A warning sign shall be displayed on any tobacco vending or coin operated machine at all times, shall have a minimum height of three inches and a width of six inches, and shall read as follows: “WARNING. IT IS ILLEGAL FOR ANY PERSON UNDER 18 YEARS OF AGE TO PURCHASE OR ATTEMPT TO PURCHASE CIGARETTES AND TOBACCO PRODUCTS AND, UPON CONVICTION, A $100 FINE MAY BE IMPOSED.” Penalties range from $25 for a first violation to $250 to $1,000 for a fifth and subsequent violations in a 24-month period.

COLO. REV. STAT. ANN. § 24-35-503 & 24-35-506 (2001).

Licensing Requirements

Requirements

Wholesalers must be licensed by the Department of Revenue to sell cigarettes, and distributors must be licensed by the department to sell other tobacco products. Licenses are to be renewed annually.

COLO. REV. STAT. ANN. §§ 39-28-102 (1964) & 39-28.5-104 (1986).

Fee

$10 annually for each place of business for wholesalers and distributors.

COLO. REV. STAT. ANN. §§ 39-28-102 (1964) & 39-28.5-104 (1986).

Smoker Protection Laws

It shall be a discriminatory or unfair employment practice for any employer to terminate the employment of any employee due to that employee engaging in any lawful activity off the premises of the employer during non-work hours unless such a restriction relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer; or is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest. The sole remedy for a person claiming to be aggrieved by this section is a civil suit for damages.

COLO. REV. STAT. § 24-34-402.5 (1990).

Tobacco Liability

Industry Protection

In any civil action brought under any legal theory, the amount of a supersedeas bond necessary to stay execution of a judgment granting legal, equitable, or any other relief during the entire course of all appeals or discretionary reviews of the judgment by all appellate courts shall be set in accordance with applicable law; except that the total amount of the supersedeas bonds that are required collectively of all appellants during the appeal of a civil action may not exceed $25 million regardless of the amount of the judgment appealed. If an appellee proves by a preponderance of the evidence that an appellant is intentionally dissipating or diverting assets outside the ordinary course of its business for the purpose of avoiding payment of the judgment, a court may enter orders that are necessary to protect the appellee or that require the appellant to post a bond in the amount up to the total amount of the judgment.

COLO. REV STAT ANN. § 13-16-125 (2003).

Tobacco Settlement

Tobacco Control Appropriations

Colorado allocated $26,400,000 for tobacco control and prevention programs from a portion of the state’s tobacco tax excise revenue in FY 2009 (July 1, 2008 to June 30, 2009). $26,000,000 was allocated for such programs in FY2008.

FY2009 Annual Budget (H.B. 08-1375) enacted 4/28/08 and effective 7/1/08.

The Tobacco Litigation Settlement Cash Fund was created to receive annual Master Settlement Agreement payments. Interest from the investment of these funds starting in FY2002 is credited to the Breast and Cervical Cancer Prevention and Treatment Fund. This money is available for expenditure by the legislature each year on specified programs, but starting in FY2007 and each fiscal year thereafter, up to $1 million shall be transferred to the Colorado Autism Treatment Fund at the end of the fiscal year. Any money in the fund left unspent at the end of a fiscal year is transferred to the Short-Term Innovative Health Program Grant Fund. The Healthcare Supplemental Appropriations and Overexpenditures Account is also created in the cash fund. Interest earned on any moneys in the account is credited to the Breast and Cervical Cancer Prevention and Treatment Fund. From the April 2007 MSA payment, $24.4 million of money not required for other programs shall be credited to the account, and is available for overexpenditures or supplemental appropriations to the Children’s Basic Health Plan Trust or Colorado Benefits Management System as specified for FY2007, FY2008 or FY2009. The money reverts to the cash fund to be used as specified on April 16, 2009 if not appropriated/used.

COLO. REV STAT ANN. § 24-22-115 (2008).

MSA money in the Tobacco Litigation Settlement Cash Fund is distributed to the following programs per fiscal year starting in FY2004, except for $15.4 million in strategic contribution payments shall be in each fiscal year they are received: 12 percent to the Colorado Nurse Home Visitor Program, not to exceed $19 million in any fiscal year (changes in subsequent fiscal years); 3 percent not to exceed $5 million to the Comprehensive Primary and Preventive Care Grant Program; 24 percent not to exceed $30 million to the Children’s Basic Health Plan Trust; $200,000 to the State Dental Loan Repayment Program; 8 percent not to exceed $8 million to the Fitzsimmons Trust Fund; 5 percent not to exceed $8 million to the Read-to-Achieve Program; 4 percent not to exceed $5 million to the Tony Grampsas Youth Services Program; 3.5 percent not to exceed $5 million to the AIDS Drug Assistance Program; $300,000 to pay the state’s share of the “Child Mental Health Treatment Act”; the amount needed not to exceed $1 million to the Autism Treatment Fund to pay the state’s share of the annual funding required by the “Home and Community Based Services for Children with Autism Act”; and 2 percent not to exceed $2 million to the Colorado HIV and AIDS Prevention Grant Program. In FY2008 and each fiscal year thereafter, any MSA strategic contribution payments received in the current fiscal year and the portion of all other settlement monies received by the state in the preceding fiscal year remaining after the programs above have been fully funded is distributed as follows: 49 percent to the University of Colorado at Denver and Health Sciences Center; 12 percent to Offender Mental Health Services Fund; 8.5 percent to the Colorado Indigent Care Program; 7 percent to the Public Health Services per Capita Support Fund; 5 percent to the Supplemental Tobacco Litigation Settlement Moneys Account of the Children’s Basic Health Plan Trust; 4.5 percent to the Supplemental State Contribution Fund; 4 percent to the Supplemental Tobacco Litigation Settlement Moneys Account of the Colorado Immunization Fund; 3 percent to the Division of Alcohol and Drug Abuse; 6 percent to the Short-Term Innovative Health Program Grant Fund, and 1 percent to the Supplemental Tobacco Litigation Settlement Moneys Account of the Pediatric Specialty Hospital Fund.

COLO. REV STAT ANN. § 24-75-1104.5 (2008).

The Tobacco Litigation Settlement Trust Fund was also created. In FY2006 only, the principal of the trust fund will be up to 21 percent of the money based on the previous fiscal year settlement payment amount minus the required appropriation to the general fund. The principal of the fund shall not be expended for any purpose except that money may be appropriated to the Children’s Basic Health Plan Trust. The interest shall be credited to the fund, but shall be available for expenditure when the amount of interest is sufficient to fund current programs funded through MSA money. On July 1, 2004 the balance of the trust fund was transferred to the general fund.

COLO. REV STAT ANN. § 24-22-115.5 (2007).

Non-Monetary Provisions

Created the tobacco education, prevention, and cessation grant program to provide funding for community-based and statewide tobacco education programs designed to reduce initiation of tobacco use by children and youth, promote cessation of tobacco use among youth and adults, and reduce exposure to second-hand smoke. The program is funded by a portion of tobacco tax revenue.

COLO. REV STAT ANN. §§ 25-3.5-801 et seq. (2004).

One response to “Colorado

  1. Michele L Hines MD

    I work on a unit of a hospital that is SUPPOSEDLY on a “smoke-free” hospital campus. However, the unit is filled with cigarette smoke by the end of each working day. I have complained to Admin., but was told I was “imagining” the smoke, and was also told “Well, (the patients) smoke”. I think the Hosp. Admin is afraid of losing money if they enforce the smoking ban. WHICH agency would be best able to get the hospital to enforce the smoking ban and how do I keep from getting fired for making a complaint)? (I already have a doctor’s note on file with Human Resources/Occupational Medicine that I need smoke-free environment for health reasons, and this is already known to Admin. I am looking for another job, too, but it seems unfair that I have to leave over the hospital’s violation of the law. However, it’s making me feel sick, and I’ve only been there for a month so far.

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