Dear Vape Shop Owner and Ally,
On December 4, 2024, the Denver City Council will host another meeting at 1:30pm to discuss the Denver flavor vaping ban. See meeting details below.
Please attend the meeting and speak with the Denver City Council members about your opposition to the ban!
Also, please continue to contact the 13 members of the Denver City Council (contact information and talking points below) by either video, phone or email. Ask them to amend the current vaping flavor ban to only allow 21 and over, age restricted stores to sell flavored vaping products.
Unless we act today – the City and County of Denver will ban all flavored vaping products in mid-December, 2024.
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 roles that small vape shops play in your community to empower adults to use flavored vaping products to quit deadly cigarettes.
If the anti-small store vape opponents ban flavored vaping products in Denver, they will try to ban flavored vaping products in your community.
Attached is an updated version of the Denver vaping flavor ban ordinance.
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 them in Denver.
Talking points for the email and video are below.
We must act now!
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.
Forward this email to every vape supporter you know and ask them to email, call, and record a video for the Denver City Council and Denver Mayor Johnston.
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.
Video Link
https://speak4.app/lp/ox01mnom
Attend the Denver City Council Budget and Policy Committee on December 4, 2024 at 1:30pm either in person or by Zoom. Meeting details below.
In-Person:
Denver City Council Committee Room
City & County Building
1437 Bannock Street
Room 391
Denver, CO 80202
Zoom:
https://denvergov-org.zoom.us/webinar/register/WN_2yXnxeCpSMeaaxI8gq0i0g
Password: Denver
Streaming: denver8.tv
To call in to listen: 720-928-9299 enter 997 9771 1436 for the webinar ID.
Engage Social Media with these Tweets and Posts Below:
Denver’s proposed flavor ban will cost our city millions of dollars in tax revenue and harm small businesses. Neighboring cities with no ban will simply take our sales. One small-business owner lost it all when Golden, Colorado implemented a similarly flawed policy.
Learn more: https://bit.ly/48GEUP1
The Denver City Council is hearing from small businesses – bans don’t prevent youth access. Responsible retailers and strong compliance help drive down youth usage without forcing hard working people out of business.
Read more in @CoPo_Opinion: https://bit.ly/48GEUP1
Golden, CO tried a flavor ban and had to set up a relief fund to make up for lost sales. Small business owner Kel Karki warns the Denver City Council not to repeat Golden’s mistake.
Read more in @CoPo_Opinion: https://bit.ly/48GEUP1
Strong enforcement policies and compliance programs have helped reduce youth tobacco use to its lowest levels ever, and e-cigarette use is at its lowest in a decade. Kel Karki warns the Denver City Council that bans don’t work.
Read more in @CoPo_Opinion: https://bit.ly/48GEUP1
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
1 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 Revised Municipal Code
9 regarding the sale of tobacco products including flavored tobacco products.
10
11 WHEREAS, the City and County of Denver finds that a narrow prohibition on the sale
12 of flavored tobacco products by licensed tobacco retailers is appropriate to protect public health
13 and advance health equity; and
14 WHEREAS, by delaying the effective date of the ordinance by 90 days, the Department of
15 Public Health and Environment will have time to educate businesses and encourage voluntary
16 compliance.
17
18 BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
19 Section 1. That article XI, division 1, of chapter 24, D.R.M.C., shall be amended by deleting
20 the language stricken and adding the language underlined, to read as follows:
21
22 Sec. 24-401. - Definitions.
23 (a) Board means the board of public health and environment of the City and County of
24 Denver.
25 (b) Director means the director of the department of excise and licenses of the City and
26 County of Denver and the director's authorized representative.
27 (c) Flavored tobacco product means any tobacco product that imparts a cooling sensation,
28 numbing sensation, taste, or smell, other than the taste or smell of tobacco, that is distinguishable
29 by an ordinary consumer either prior to or during the consumption of a tobacco product, including
30 but not limited to any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa,
31 vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice. A tobacco product shall not
32 be determined to be a flavored tobacco product solely because of the use of additives or flavorings
33 or the provision of ingredient information.
34 (cd) Manager means the manager of the department of public health and environment of
2
1 the City and County of Denver and the manager's authorized representative.
2 (e) Nicotine means any form of the chemical nicotine, including any salt or complex,
3 regardless of whether the chemical is naturally or synthetically derived, and includes nicotinic
4 alkaloids and nicotine analogs.
5 (df) Person means any firm, corporation, association, or other organization acting as a
6 group or unit as well as an individual. It shall also include an executor, administrator, trustee,
7 receiver, or other representative appointed according to law.
8 (g) Pipe tobacco means any tobacco that, because of its appearance, type, packaging, or
9 labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco to
10 smoke in a pipe, and excluding any tobacco product which, because of its appearance, type,
11 packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as
12 tobacco for making cigarettes, including roll-your-own cigarettes.
13 (h) Premium cigar means a cigar that meets all the following characteristics:
14 (1) is handmade or hand rolled;
15 (2) is not mass produced through the use of mechanization;
16 (3) has a wrapper that is made entirely from whole tobacco leaf;
17 (4) has a filler composed of at least fifty percent natural long-leaf filler tobacco;
18 (5) does not have a filter, tip, or nontobacco mouthpiece;
19 (6) is capped by hand;
20 (7) weighs more than 6 pounds per 1,000 units; and
21 (8) has a wholesale price per cigar of:
22 a. for the calendar year ending December 31, 2024, twelve dollars ($12), and
23 b. for each calendar year thereafter, twelve dollars ($12) plus the amount reflecting
24 any percentage increase in the U.S. Department of Labor’s Bureau of Labor Statistics Consumer
25 Price Index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor
26 index.
27 (ei) School means a public or private preschool or a public or private elementary, middle,
28 junior high, or high school.
29 (fj) Retail tobacco store means a business of any kind that sells, gives, delivers, or
30 furnishes tobacco products to a user or consumer.
31 (gk) Tobacco product means:
32 (1) Any product containing tobacco or nicotine or that is made or derived from tobacco that
33 may be used to introduce tobacco or nicotine into the human body, including but not limited to,
3
1 cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco,
2 dissolvable tobacco products, and nicotine-enhanced products;
3 (2) Any electronic device that may be used to deliver nicotine to the person inhaling from
4 the device, including any solution, compound, or other substance containing nicotine to be used with
5 the device; and
6 (3) Any other preparation of tobacco and any product or formulation of matter containing
7 nicotine that may be used to introduce nicotine into the human body.
8 Excluded from this definition are any products specifically approved the United States Food
9 and Drug Administration for use in reducing, treating or eliminating nicotine or tobacco dependence
10 or for other medical purposes, when the products are being marketed and sold solely for such
11 approved purpose any drugs, devices, or combination products authorized for sale by the U.S. Food
12 and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
13 (il) Vending machine means any mechanical, electric or electronic device that, on
14 insertion of money, tokens or any other form of payment, automatically dispenses tobacco products.
15
16 Sec. 24-404. - Sale of flavored tobacco products prohibited.
17 (a) It shall be unlawful for any retail tobacco store to sell, offer for sale, give, barter, deliver
18 or furnish to a user or consumer any flavored tobacco product or samples of such products.
19 (b) A violation of this section shall be a noncriminal violation upon which the manager is
20 authorized to assess civil penalties as provided in article I, chapter 24.
21 (c) Upon review on appeal pursuant to article I, chapter 24, there shall be a presumption,
22 rebuttable by clear and convincing evidence, that a tobacco product is a flavored tobacco product if
23 a retail tobacco store, tobacco product manufacturer, or any employee or agent of a retail tobacco
24 store or tobacco product manufacturer has:
25 (1) Made a public statement or claim that the tobacco product imparts a flavor other than
26 tobacco, or imparts a cooling or numbing sensation, during consumption of that product;
27 (2) Used text or images, or both, on the tobacco product’s labeling or packaging to
28 explicitly or implicitly indicate that the tobacco product imparts a flavor other than tobacco or imparts
29 a cooling or numbing sensation during consumption of that product; or
30 (3) Taken action directed to consumers that would be reasonably expected to cause
31 consumers to believe the tobacco product imparts a flavor other than tobacco or imparts a cooling
32 or numbing sensation during consumption of that product.
33
4
1 Sec. 24-4045. - Access to tobacco products.
2 (a) It shall be unlawful for any person retail tobacco store to sell or display, or permit to be
3 sold or displayed, any tobacco product in such a manner that it can be reached or purchased by
4 customers without it being requested from, and provided by, an employee of the establishment.
5 (b) This section 24-404 shall not apply to premium cigars or pipe tobacco sold or displayed
6 by a person who primarily engages in the business of selling cigars, pipe tobacco, cigar related
7 accessories, and pipe tobacco related accessories, or the rental of on-premises humidors or other
8 cigar storage units.
9
10 Sec. 24-4056. - Packaging of tobacco products.
11 (a) It shall be unlawful for any person retail tobacco store to sell tobacco products in any
12 form or condition other than in the packaging provided by the manufacturer.
13 (b) It shall be unlawful for any person to permit or allow that person's agent, servant, or
14 employee to sell tobacco products in any form or condition other than in the packaging provided by
15 the manufacturer.
16 (cb) This section 24-405 shall not apply to premium cigars or pipe tobacco sold by a person
17 who primarily engages in the business of selling cigars, pipe tobacco, cigar related accessories, and
18 pipe tobacco related accessories, or the rental of on-premises humidors or other cigar storage units.
19
20 Sec. 24-4067. - Suspension of right privilege to sell tobacco products.
21 (a) Upon a determination that a violation of this division 1 has occurred at a given location,
22 the manager may issue a warning that a future violation within one (1) year may result in the
23 suspension of the person's privilege to sell tobacco products where the violation occurred.
24 (ba) Upon a determination that a second violation of this division 1 has occurred at the same
25 location within one (1) year after the first violation tThe manager may suspend the person’s right
26 retail tobacco store’s privilege to sell tobacco products for a period not to exceed thirty (30) days at
27 the a location where the multiple violations of this division have occurred. Such suspension order
28 shall be effective thirty (30) days from the date of issuance and shall not exceed the following number
29 of days:
30 (1) For a suspension order issued on or before December 31, 2026,
31 a. For a second violation within one (1) year at the same location, thirty (30) days;
32 b. For a third violation within one (1) year at the same location, sixty (60) days; and
33 c. For a fourth or subsequent violation within one (1) year at the same location,
5
1 one (1) year.
2 (2) For a suspension order issued on or after January 1, 2027,
3 a. For a second violation within two (2) years at the same location, thirty (30) days;
4 b. For a third violation within two (2) years at the same location, sixty (60) days;
5 and
6 c. For a fourth or subsequent violation within two (2) years at the same location,
7 one (1) year.
8 (3) For a suspension order issued on or after January 1, 2028,
9 a. For a second violation within three (3) years at the same location, thirty (30)
10 days;
11 b. For a third violation within three (3) years at the same location, sixty (60) days;
12 and
13 c. For a fourth or subsequent violation within three (3) years at the same location,
14 one (1) year.
15 (c) Upon a determination that a third violation of this division 1 has occurred at the same
16 location within one (1) year after the first violation, or upon a determination of a violation of the terms
17 or conditions of an order suspending sales privileges entered pursuant to the provisions of this
18 section, the manager may suspend the person's privilege to sell tobacco products at the location
19 where the violations occurred for a period not to exceed sixty (60) days. Such suspension order shall
20 be effective thirty (30) days from the date of issuance.
21 (d) Upon a determination that a fourth or subsequent violation of this division 1 has
22 occurred at the same location within a one-year period, or upon a determination that two (2) or more
23 violations of the terms or conditions of an order suspending sales privileges entered pursuant to the
24 provisions of this section have occurred, the manager may suspend the person's privilege to sell
25 tobacco products at the location where the violations occurred for a period not to exceed one (1)
26 year. Such suspension order shall be effective thirty (30) days from the date of issuance.
27 (eb) The manager may take any actions the manager deems necessary to ensure
28 compliance with a suspension of the privilege to sell tobacco products, including, but not limited to,
29 requiring the person to remove all tobacco products from the sales area of the location where
30 tobacco is sold for the duration of the suspension, and inspecting any and all documentation relevant
31 to the suspension. The manager may post, in a prominent place at the premises of the location
32 where tobacco sales have been suspended, a notice that tobacco sales have been suspended for
33 the duration of the suspension.
6
1
2 Sec.24-408. - Liability.
3 A retail tobacco store shall be liable for the actions of their officers, agents, representatives
4 or employees regarding the sale, offer to sell, and furnishing of tobacco products on the premises.
5
6 Sec. 24-409. - Reporting.
7 Report to city council. The manager shall report in writing to city council by July 1 of each
8 year, beginning in 2026, regarding the implementation and effectiveness of section 24-404.
9
10 Secs. 24-410—24-419. - Reserved.
11
12 Section 2. That article IV, chapter 34 of the code be amended by deleting the language
13 stricken and adding the language underlined, to read as follows:
14
15 Sec. 34-64. – Purchase, possession and admission to certain places
16 (a) It shall be unlawful for any minor to purchase or procure any material which any person
17 is forbidden by law to sell give, deliver, or furnish to minors, provided however that this subsection
18 shall not apply to tobacco products, as defined in article XI, chapter 24.
19 (b) It shall be unlawful for any minor to gain admission to places prohibited to minors.
20 (c) It shall be unlawful for any minor to purchase or procure any cigarettes or any other
21 tobacco product.
22 (dc) It shall be unlawful for any minor to possess any cigarettes or any other tobacco
23 product. A violation of this section is hereby declared to be a noncriminal violation.
24
25 Section 3. Effective Date. This ordinance shall become effective 90 days after final
26 publication.
27
28 COMMITTEE APPROVAL DATE: ____________, 2024.
29 MAYOR-COUNCIL DATE: __________________, 2024.
30 PASSED BY THE COUNCIL __________________________________________________ 2024
31 __________________________________________ - PRESIDENT
32 APPROVED: _______________________________ - MAYOR ______________________ 2024
33 ATTEST: __________________________________ - CLERK AND RECORDER,
7
1 EX-OFFICIO CLERK OF THE
2 CITY AND COUNTY OF DENVER
3
4 NOTICE PUBLISHED IN THE DAILY JOURNAL _____________ 2024; ________________2024
5
6 PREPARED BY: Jonathan Griffin, Assistant City Attorney DATE: November 5, 2024
7
8
9 Pursuant to section 13-9, D.R.M.C., this proposed ordinance has been reviewed by the office of
10 the City Attorney. We find no irregularity as to form, and have no legal objection to the proposed
11 ordinance. The proposed ordinance is not submitted to the City Council for approval pursuant to §
12 3.2.6 of the Charter.
13
14 Kerry Tipper, City Attorney
15
16 BY: _____________________, ________City Attorney DATE: __________________