Dear Vape Shop Owner and Ally,
During the last five years, we have engaged in many battles to oppose ill-conceived, prohibition policies that ban flavored vaping products. Currently, we are in the fight of our lives against a myopic organization that wants to ban all flavored vaping products in the City and County of Denver.
The battle in Denver is the most serious because Jodi Radke from the Campaign for Tobacco for Free Kids continues to spread vicious lies about you and the responsible roles that small vape shops perform in your community to empower adults to use flavored vaping products to quit deadly cigarettes and to stay alive.
If the anti-small store vape opponents ban flavored vaping products in Denver, they will try to ban flavored vaping products in your community. We need to stand United!
We must act now!
Please do the following activities today!
Attend the Denver City Council Safety, Housing, Education and Homelessness Committee hearing (either in person or by Zoom) on November 6, 2024 at 10:30am at 1437 Bannock Street, Room 391, Denver, Colorado. This meeting date may change. I will email you on November 4 with a date confirmation.
Attend by Zoom or phone:
Zoom Link:
https://bit.ly/3yqUxde
Password: Denver
To call in to listen: 720-928-9299 and enter 928 4470 0421 for the webinar ID.
Record a video on the link below. The video will be immediately emailed to the 13 members of the Denver City Council. Keep your video short, polite, and persuasive. Suggested talking points are below.
Contact all 13 members of the Denver City Council by email and phone. The Council members’ contact information is below. Suggested talking points are below.
Contact every vape supporter you know and ask them to email, call, and record a video for the Denver City Council and Denver Mayor Johnston.
Unless we act today – the City and County of Denver will ban all flavored vaping products as early as November 2024.
Attached please find the ill-conceived flavor ban ordinance that was recently introduced in Denver.
The Prohibition forces want to ban flavored products in Denver and then create additional flavor bans in other Colorado communities, including Aurora, Adams County, Jefferson County, Colorado Springs and statewide. We must stop their lies. We must speak truth to power.
Talking points for the email and video are below.
Contact me with any questions and please act today!
Talking Points for Recording Your Video and Email
· Flavored vaping products save adult lives! During the last 15 years, flavored vaping products have empowered 6.8 million adults quit smoking cigarettes and stay alive.
· Prohibition never works. During the last 100 years, every prohibition attempt has failed and created harm. Prohibition creates an underground market, reduces quality, and kills consumers. Failed prohibition policies include alcohol, marijuana, banning books, and a host of other attempts.
· Ineffective: Flavor bans avoid the root cause, which includes better prevention and enforcement. Law enforcement agencies estimate that over 65% of youth purchase vaping products online.
· Key Differences: Responsible small vape stores are different than Big Bad Tobacco. For example, small vape stores sell vape products with 50% - 95% less nicotine than Big Bad Tobacco corporations. Also, most small responsible vape stores sell larger, more expensive, and hard-to-conceal open tank vape products.
· Economic Impact: Vape stores and other retail establishments in Denver generate $13 million dollars in city sales tax annually. Additionally, vape stores and other retail outlets produce millions of additional dollars in federal, state, income (occupational, privilege Denver tax), and property taxes.
· Banning Causes Harm: Flavor bans bankrupt small, mom-and-pop stores, layoff hundreds of employees, reduce tax revenue, and create negative impacts. Sales tax loss, lost jobs, bankruptcy, and negative economic impact. When the City of Golden, Colorado banned flavored vaping products in 2023, three small vape stores closed their doors and laid off their entire staff.
· Solutions: There are proven, public policy best practices to reduce youth vaping without flavor bans so that responsible adults can use flavored products to quit smoking deadly cigarettes. For example, create a Special Vaping Permit for stores to pay to demonstrate that they are following strict standards, preventing youth vaping access, and generating financial resources for enforcement.
Additional solutions include only allowing 21-and-over stores to sell flavored vaping products similar to marijuana shops. Vape shop owners also support licensing requirements, marketing and advertisements bans, distance restrictions to schools, mandatory ID checks, strict enforcement practices, multiple inspections, track & trace technology, revocation of license, and stiff fines for any store that sells vaping products to minors.
Denver City Council Contact Information
Denver Mayor Michael Johnston
Work: 720-865-9090
mayorsoffice@denvergov.org
Councilwoman Diana Romero Campbell
Work: 720-337-4444
district4@denvergov.org
Councilwoman Amanda Sandoval
Work: 720-337-7701
district1@denvergov.org
Councilman Kevin Flynn
Work: 720-337-2222
kevin.flynn@denvergov.org
Councilwoman Jamie Torres
Work: 720-337-3333
district3@denvergov.org
Councilwoman Amanda Sawyer
Work: 720-337-5555
DenverCouncil5@denvergov.org
Councilman Paul Kashmann
Work: 720-337-6666
paul.kashmann@denvergov.org
Councilwoman Flor Alvidrez
Work: 720-337-7777
district7@denvergov.org
Councilwoman Shontel Lewis
Work: 720-337-8888
district8@denvergov.org
Councilman Darrell Watson
Work: 720-337-7709
district9@denvergov.org
Councilman Chris Hinds
Work: 720-337-7710
district10@denvergov.org
Councilwoman Stacie Gilmore
Work: 720-337-7711
stacie.gilmore@denvergov.org
Councilwoman Serena Gonzales-Gutierrez
Work: 720-337-7712
G-Gutierrez.atlarge@denvergov.org
Councilwoman Sarah Parady
Work: 720-337-7713
ParadyAtLarge@denvergov.org
Video Link
https://speak4.app/lp/ox01mnom
BY AUTHORITY
2 ORDINANCE NO. _____ COUNCIL BILL NO. XXX
3 SERIES OF 2024 COMMITTEE OF REFERENCE:
4 Safety, Housing, Education and Homelessness
5
6 A BILL
7
8 For an ordinance amending Chapters 24 and 34 of the Denver Revised Municipal
9 Code regarding the sale of tobacco products including flavored tobacco
10 products.
11
12 BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
13 Section 1. That article XI, division 1, of Chapter 24, D.R.M.C., shall be amended by
14 deleting the language stricken and adding the language underlined, to read as follows:
15
16 Sec. 24-401. - Definitions.
17 (a) Board means the board of public health and environment of the City and County of
18 Denver.
19 (b) Director means the director of the department of excise and licenses of the City and
20 County of Denver and the director's authorized representative.
21 (c) Flavored tobacco product means any tobacco product that imparts a taste or smell,
22 other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior
23 to or during the consumption of a tobacco product, including but not limited to any taste or smell
24 relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy,
25 dessert, alcoholic beverage, herb, or spice. A tobacco product shall not be determined to be a
26 flavored tobacco product solely because of the use of additives or flavorings or the provision of
27 ingredient information. A flavored tobacco product also includes any tobacco product that imparts a
28 cooling or numbing sensation distinguishable by an ordinary consumer during consumption of that
29 product.
30 (cd) Manager means the manager of the department of public health and environment of
31 the City and County of Denver and the manager's authorized representative.
32 (e) Nicotine means any form of the chemical nicotine, including any salt or complex,
33 regardless of whether the chemical is naturally or synthetically derived, and includes nicotinic
34 alkaloids and nicotine analogs.
2
1 (df) Person means any firm, corporation, association, or other organization acting as a
2 group or unit as well as an individual. It shall also include an executor, administrator, trustee,
3 receiver, or other representative appointed according to law.
4 (g) Pipe tobacco means any tobacco that, because of its appearance, type, packaging,
5 or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco to
6 smoke in a pipe, and excluding any tobacco product which, because of its appearance, type,
7 packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers
8 as tobacco for making cigarettes, including roll-your-own cigarettes.
9 (h) Premium cigar means a cigar that meets all the following characteristics:
10 (1) is handmade or hand rolled;
11 (2) is not mass produced through the use of mechanization;
12 (3) has a wrapper that is made entirely from whole tobacco leaf;
13 (4) has a filler composed of at least fifty percent natural long-leaf filler tobacco;
14 (5) does not have a filter, tip, or nontobacco mouthpiece;
15 (6) is capped by hand;
16 (7) weighs more than 6 pounds per 1,000 units; and
17 (8) has a wholesale price per cigar of:
18 a. for the calendar year ending December 31, 2024, twelve dollars ($12), and
19 b. for each calendar year thereafter, twelve dollars ($12) plus the amount
20 reflecting any percentage increase in the U.S. Department of Labor’s Bureau of Labor Statistics
21 Consumer Price Index for Denver-Aurora-Lakewood for all items and all urban consumers, or its
22 successor index.
23 (ei) School means a public or private preschool or a public or private elementary, middle,
24 junior high, or high school.
25 (fj) Retail tobacco store means a business of any kind that sells, gives, delivers, or
26 furnishes tobacco products to a user or consumer.
27 (gk) Tobacco product means:
28 (1) Any product containing tobacco or nicotineor that is made or derived from tobacco
29 that may be used to introduce tobacco or nicotine into the human body, including but not limited to,
30 cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco,
31 dissolvable tobacco products, and nicotine-enhanced products;
32 (2) Any electronic device that may be used to deliver nicotineto the person inhaling from
33 the device, including any solution, compound, or other substance containing nicotine to be used
3
1 with the device; and
2 (3) Any component, part, or accessory of (1) or (2), whether or not any of these contains
3 tobacco or nicotineincluding, but not limited to, filters, rolling papers, blunt or hemp wraps,
4 hookahs, flavor enhancers, or pipes; or
5 (34) Any other preparation of tobacco and any product or formulation of matter containing
6 nicotinethat may be used to introduce nicotine into the human body.
7 Excluded from this definition are:
8 (1) any products specifically approved the United States Food and Drug Administration
9 for use in reducing, treating or eliminating nicotine or tobacco dependence or for other medical
10 purposes, when the products are being marketed and sold solely for such approved purpose Any
11 drugs, devices, or combination products authorized for sale by the U.S. Food and Drug
12 Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act; or
13 (2) Any product containing regulated marijuana, as defined in Section 44-10-103 of the
14 Colorado Revised Statutes, unless such product is made of, contains, or is derived from tobacco or
15 nicotine.
16 (il) Vending machine means any mechanical, electric or electronic device that, on
17 insertion of money, tokens or any other form of payment, automatically dispenses tobacco
18 products.
19
20 Sec. 24-404. - Sale of flavored tobacco products prohibited.
21 (a) It shall be unlawful for any retail tobacco store, or for any person acting as an officer,
22 authorized agent, representative, or employee of such retail tobacco store, to sell, offer for sale,
23 give, barter, deliver or furnish to a user or consumer any flavored tobacco product or samples of
24 such products. The board may adopt rules and regulations as may be necessary for the protection
25 of public health related to this section.
26 (b) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco
27 product if a retail tobacco store, tobacco product manufacturer, or any employee or agent of a
28 retail tobacco store or tobacco product manufacturer has:
29 (1) Made a public statement or claim that the tobacco product imparts a flavor other than
30 tobacco or imparts a cooling or numbing sensation during consumption of that product;
31 (2) Used text or images, or both, on the tobacco product’s labeling or packaging to
32 explicitly or implicitly indicate that the tobacco product imparts a flavor other than tobacco or
33 imparts a cooling or numbing sensation during consumption of that product; or
4
1 (3) Taken action directed to consumers that would be reasonably expected to cause
2 consumers to believe the tobacco product imparts a flavor other than tobacco or imparts a cooling
3 or numbing sensation during consumption of that product. (c) A violation of this section is
4 declared to be a noncriminal violation.
5
6 Sec. 24-4045. - Access to tobacco products.
7 (a) It shall be unlawful for any person retail tobacco store, or for any person acting as an
8 officer, authorized agent, representative, or employee of such retail tobacco store to sell or display
9 or permit to be sold or displayed any tobacco product in such a manner that it can be reached or
10 purchased by customers without it being requested from, and provided by, an employee of the
11 establishment.
12 (b) This section 24-404 shall not apply to cigars or pipe tobacco sold or displayed by a
13 person who primarily engages in the business of selling cigars, pipe tobacco, cigar related
14 accessories, and pipe tobacco related accessories, or the rental of on-premises humidors or other
15 cigar storage units.
16
17 Sec. 24-4056. - Packaging of tobacco products.
18 (a) It shall be unlawful for any person retail tobacco store, or for any person acting as an
19 officer, authorized agent, representative, or employee of such retail tobacco store to sell tobacco
20 products in any form or condition other than in the packaging provided by the manufacturer.
21 (b) It shall be unlawful for any person to permit or allow that person's agent, servant, or
22 employee to sell tobacco products in any form or condition other than in the packaging provided by
23 the manufacturer.
24 (cb) This section 24-4056 shall not apply to premium cigars or pipe tobacco sold by a
25 person who primarily engages in the business of selling cigars, pipe tobacco, cigar related
26 accessories, and pipe tobacco related accessories, or the rental of on-premises humidors or other
27 cigar storage units.
28
29 Sec.24-407. - Responsibility.
30 All retail tobacco stores are responsible for the actions of their officers, agents,
31 representatives or employees regarding the sale, offer to sell, and furnishing of tobacco
32 products on the premises. The sale, offer to sell, or furnishing of any tobacco product by an officer,
33 agent, representative or employee shall be considered an act of the retail tobacco store.
5
1
2
3 Sec. 24-4067. - Suspension of privilege to sell tobacco products.
4 (a) Upon a determination that a violation of this division 1 has occurred at a given
5 location, the manager may issue a warning that a future violation within one (1) two (2) years may
6 result in the suspension of the person's privilege to sell tobacco products where the violation
7 occurred.
8 (b) Upon a determination that a second violation of this division 1 has occurred at the
9 same location within one (1) three (3) years after the first violation, the manager may suspend the
10 person's privilege to sell tobacco products for a period not to exceed thirty (30) days at the location
11 where the violations occurred. Such suspension order shall be effective thirty (30) days from the
12 date of issuance.
13 (c) Upon a determination that a third violation of this division 1 has occurred at the same
14 location within one (1) three (3) years after the first violation, or upon a determination of a violation
15 of the terms or conditions of an order suspending sales privileges entered pursuant to the
16 provisions of this section, the manager may suspend the person's privilege to sell tobacco products
17 at the location where the violations occurred for a period not to exceed sixty (60) days. Such
18 suspension order shall be effective thirty (30) days from the date of issuance.
19 (d) Upon a determination that a fourth or subsequent violation of this division 1 has
20 occurred at the same location within a onethree-year period, or upon a determination that two (2)
21 or more violations of the terms or conditions of an order suspending sales privileges entered
22 pursuant to the provisions of this section have occurred, the manager may suspend the person's
23 privilege to sell tobacco products at the location where the violations occurred for a period not to
24 exceed one (1) year. Such suspension order shall be effective thirty (30) days from the date of
25 issuance.
26 (e) The manager may take any actions the manager deems necessary to ensure
27 compliance with a suspension of the privilege to sell tobacco products, including, but not limited to,
28 requiring the person to remove all tobacco products from the sales area of the location where
29 tobacco is sold for the duration of the suspension, and inspecting any and all documentation
30 relevant to the suspension. The manager may post, in a prominent place at the premises of the
31 location where tobacco sales have been suspended, a notice that tobacco sales have been
32 suspended for the duration of the suspension.
33
6
1 Sec. 24-408. - Reporting.
2 Report to city council. The manager shall report in writing to city council by July 1 of each year,
3 beginning in 2025, regarding the implementation and effectiveness of D.R.M.C, Section 24-404.
4
5
6 Secs. 24-410—24-419. - Reserved.
7
8 Section 2. That article IV, section 34-64, of Chapter 34, D.R.M.C., shall be amended by
9 deleting the language stricken and adding the language underlined, to read as follows:
10
11 Sec. 34-64. – Purchase, possession and admission to certain places
12 (a) It shall be unlawful for any minor to purchase or procure any material which any
13 person is forbidden by law to sell give, deliver, or furnish to minors, provided however that this
14 subsection shall not apply to tobacco products, as defined in D.R.M.C., Section 24-401.
15 (b) It shall be unlawful for any minor to gain admission to places prohibited to minors.
16 (c) It shall be unlawful for any minor to purchase or procure any cigarettes or any other
17 tobacco product.
18 (dc) It shall be unlawful for any minor to possess any cigarettes or any other tobacco
19 product. A violation of this section is hereby declared to be a noncriminal violation.
20
21 Section 3. Effective Date. This ordinance shall become effective 90 days after enactment.
22
23 COMMITTEE APPROVAL DATE: ____________, 2024.
24 MAYOR-COUNCIL DATE: __________________, 2024.
25 PASSED BY THE COUNCIL __________________________________________________ 2024
26 __________________________________________ - PRESIDENT
27 APPROVED: _______________________________ - MAYOR ______________________ 2024
28 ATTEST: __________________________________ - CLERK AND RECORDER,
29 EX-OFFICIO CLERK OF THE
30 CITY AND COUNTY OF DENVER
31
32 NOTICE PUBLISHED IN THE DAILY JOURNAL _____________ 2024; ________________2024
33
34 PREPARED BY: Jonathan Griffin, Assistant City Attorney DATE: September 4, 2024
7
1
2
3
4 Pursuant to section 13-9, D.R.M.C., this proposed ordinance has been reviewed by the office of
5 the City Attorney. We find no irregularity as to form, and have no legal objection to the proposed
6 ordinance. The proposed ordinance is not submitted to the City Council for approval pursuant to §
7 3.2.6 of the Charter.
8
9 Kristin M. Bronson
10 City Attorney
11
12 BY: _____________________, ________City Attorney DATE: __________________