C.R.S. § 44-10-209 — CO Code / Title 44 / Article 10 / Part 2 / Section 44-10-209
44-10-209. Classes of marijuana-derived cannabinoids and compounds - definitions - privileg
Status: in_force

44-10-209. Classes of marijuana-derived cannabinoids and compounds - definitions - privileges - prohibitions - rule-making - rules. (1) Legislative declaration. The general assembly finds and declares that:

(a) The regulation of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoids, and the regulation of premises where potentially intoxicating cannabinoids and intoxicating cannabinoids are manufactured, packaged, and sold in accordance with this article 10 and rules promulgated under this article 10:

(I) Is necessary to protect the public health; and

(II) Will benefit consumers by ensuring that the manufacture, sale, and distribution of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoid products are regulated in a way to promote public health; and

(b) The taxation of marijuana-derived potentially intoxicating cannabinoids and intoxicating cannabinoids must be addressed to ensure both compliance with Colorado voters' intent and equitable economic treatment.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Hemp" has the meaning set forth in section 35-61-101 (7).

(b) (I) "Semi-synthetic cannabinoid" means a substance that is created by a chemical reaction that converts one cannabinoid extracted from a cannabis plant directly into a different cannabinoid.

(II) "Semi-synthetic cannabinoid" includes cannabinoids, such as cannabinol that was produced by the conversion of cannabidiol.

(III) "Semi-synthetic cannabinoid" does not include cannabinoids produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, such as THC, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.

(c) (I) "Synthetic cannabinoid" means a cannabinoid-like compound that was produced by using chemical synthesis, chemical modification, or chemical conversion, including by using in-vitro biosynthesis or other bioconversion of such a method.

(II) "Synthetic cannabinoid" does not include:

(A) A compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms; or

(B) A semi-synthetic cannabinoid.

(d) (I) "Tetrahydrocannabinol" or "THC" means the substance contained in the plant cannabis species, in the resinous extracts of the cannabis species, or a carboxylic acid of, derivative of, salt of, isomer of, or salt or acid of an isomer of these substances.

(II) "Tetrahydrocannabinol" or "THC" includes:

(A) Delta-10 THC and its isomers;

(B) Delta-9 THC and its isomers;

(C) Delta-8 THC and its isomers;

(D) Delta-7 THC and its isomers;

(E) Delta-6a, 10a THC and its isomers; and

(F) Exo-tetrahydrocannabinol.

(III) "Tetrahydrocannabinol" or "THC" may also contain:

(A) Products of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section; or

(B) Metabolites of any of the compounds listed in subsections (2)(d)(II)(A) to (2)(d)(II)(F) of this section.

(3) Classification of marijuana-derived compounds and cannabinoids - rules. (a) Marijuana-derived compounds and cannabinoids are divided into three classifications:

(I) Nonintoxicating cannabinoids;

(II) Potentially intoxicating cannabinoids; and

(III) Intoxicating cannabinoids.

(b) (I) Nonintoxicating cannabinoids include:

(A) Full spectrum hemp extract that contains no more than one and three-fourths milligrams of THC per serving and contains a ratio of cannabidiol to THC of greater than or equal to fifteen to one;

(B) Broad spectrum hemp extract;

(C) Cannabidiol, also known as "CBD";

(D) Tetrahydrocannabivarin, also known as "THCV";

(E) Cannabichromene, also known as "CBC";

(F) Cannabicitran, also known as "CBT";

(G) Cannabicyclol, also known as "CBL";

(H) Cannabielsoin, also known as "CBE";

(I) Cannabigerol, also known as "CBG";

(J) Cannabidivarin, also known as "CBDV"; and

(K) Cannabinol, also known as "CBN".

(II) (A) Nonintoxicating cannabinoids that are derived from hemp may be used as an ingredient in a hemp product or as a finished hemp product in accordance with section 25-5-427 and the rules promulgated under part 4 of article 5 of title 25 or in accordance with this article 10 and any rules promulgated under this article 10.

(B) A retail marijuana product containing a marijuana-derived nonintoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.

(c) (I) A licensee under this article 10 may manufacture, process, transfer, or sell potentially intoxicating cannabinoids that are derived from marijuana in accordance with this article 10 and the rules promulgated under this article 10.

(II) A retail marijuana product containing a marijuana-derived potentially intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.

(d) (I) Intoxicating cannabinoids include the following in an amount that exceeds the amount established by rule or, if no rule establishes the amount, in any amount:

(A) Delta-10 THC and its isomers;

(B) Delta-9 THC and its isomers;

(C) Delta-8 THC and its isomers;

(D) Delta-7 THC and its isomers;

(E) Delta-6a, 10a THC and its isomers;

(F) Exo-tetrahydrocannabinol;

(G) Metabolites of THC, including 11-hydroxy-THC, 3-hydroxy-THC, or 7-hydroxy-THC;

(H) Hydrogenated forms of THC, including hexahydrocannabinol, hexahydrocannabiphorol, and hexahydrocannabihexol;

(I) Synthetic forms of THC, including dronabinol;

(J) Ester forms of THC, including delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate;

(K) Varin forms of THC, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin;

(L) Analogues of tetrahydrocannabinols with an alkyl chain of four or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols; and

(M) Any combination of the compounds, including hexahydrocannabiphorol-O-ester, listed in this subsection (3)(d)(I).

(II) (A) A person licensed under this article 10 may use an intoxicating cannabinoid that is derived from marijuana as an ingredient in a regulated marijuana product or as a finished regulated marijuana product in accordance with this article 10 and the rules promulgated under this article 10.

(B) A retail marijuana product containing a marijuana-derived intoxicating cannabinoid as an ingredient is subject to retail marijuana sales tax in accordance with section 39-28.8-202.

(e) (I) A person shall not manufacture, produce, sell, or offer to sell a synthetic cannabinoid or a product containing a synthetic cannabinoid unless authorized by rule. If synthetic cannabinoids are permitted by rule, the state licensing authority, in coordination with the department of public health and environment, shall promulgate rules providing standards and requirements for the manufacture and production of synthetic cannabinoids in Colorado. The rules must include a requirement that marijuana-derived products manufactured or produced in Colorado that contain a semi-synthetic or synthetic cannabinoid as an ingredient are labeled in accordance with rules promulgated pursuant to this article 10.

(II) The state licensing authority may promulgate rules that are necessary for the fair, impartial, and comprehensive administration of this section.

(III) A person licensed under this article 10 that produces semi-synthetic cannabinoids shall comply with the production, testing, and labeling requirements established by rule of the state licensing authority.

(f) The state licensing authority, in coordination with the department of public health and environment, may promulgate rules to:

(I) Classify a marijuana-derived compound or cannabinoid that is not classified in this subsection (3);

(II) Reclassify a marijuana-derived compound or cannabinoid classified in this subsection (3) if:

(A) The state has adopted or federal law has established a process to review and approve marijuana-derived compounds or cannabinoids;

(B) The review and approval process described in subsection (3)(f)(II)(A) of this section evaluates the intoxicating potential of the marijuana-derived compound or cannabinoid; and

(C) The reclassification is based on the findings of the process and evaluation described in subsections (3)(f)(II)(A) and (3)(f)(II)(B) of this section.

(g) To reclassify a marijuana-derived compound or cannabinoid, under subsection (3)(f) of this section, the reclassification must:

(I) Be supported by peer-reviewed research or clinical trials establishing to a reasonable degree of scientific certainty that the marijuana-derived compound or cannabinoid or the product containing a marijuana-derived compound or cannabinoid should be reclassified; or

(II) Be based on a threat to human health, including substantial reports of intoxication or adverse health event reports.

(4) Rules. In addition to any powers listed in this section, the state licensing authority may promulgate rules:

(a) Necessary to authorize or prohibit chemical modification, conversion, or synthetic derivation of cannabinoids or marijuana-derived compounds, unless otherwise permitted by this article 10 and the rules promulgated under this article 10; or

(b) Authorizing, prohibiting, or regulating marijuana-derived ingredients in medical or retail marijuana products that are compounds other than cannabinoids.
C.R.S. § 44-30-522 — CO Code / Title 44 / Article 30 / Part 5 / Section 44-30-522
44-30-522. Communications - privileged and confidential
Status: in_force

44-30-522. Communications - privileged and confidential. Communications among the commission, executive director, and the director relating to licensing, disciplining of licensees, or violations by licensees are privileged and confidential if made lawfully and in the course of or in furtherance of the business of the commission, except pursuant to court order after an in-camera review. The executive director, director, the commission, or any member of the commission may claim this privilege.
C.R.S. § 44-3-431 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-431
44-3-431. Catering license - permitted events - private events - fees - rules - notice to
Status: in_force

44-3-431. Catering license - permitted events - private events - fees - rules - notice to revisor of statutes. (1) The state licensing authority may issue a catering license to a catering company that allows the catering licensee to apply for temporary permits to sell and serve alcohol beverages on unlicensed premises at catered events. The catering license is valid for one calendar year and renewed on an annual basis.

(2) (a) The state licensing authority shall establish a process for a catering licensee to obtain a permit to cater an event that may be attended by six hundred or more individuals. The state licensing authority may establish a process for a catering licensee to obtain a permit to cater an event that may be attended by fewer than six hundred individuals.

(b) A local licensing authority may establish a process for a catering licensee to obtain a permit to cater an event that may be attended by six hundred or more individuals. If a local licensing authority does not establish a local catering permit, an applicant need not obtain a catering permit from the local licensing authority.

(3) The state licensing authority shall establish and maintain, on the liquor enforcement division's public-facing website, a listing of all catering licenses in the state. A catering licensee shall submit information required by the state licensing authority in rule.

(4) A catering licensee shall not permit an individual who is eighteen years of age or older and under twenty-one years of age to sell, dispense, or participate in the sale or dispensing of an alcohol beverage, unless the individual is supervised by another individual who is on the unlicensed premises and is twenty-one years of age or older.

(5) The state licensing authority may adopt rules necessary to implement and administer this section.

(6) This section takes effect if the state licensing authority determines that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section. The state licensing authority shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (6) has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This section takes effect upon the date identified in the notice that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
C.R.S. § 44-30-1509 — CO Code / Title 44 / Article 30 / Part 15 / Section 44-30-1509
44-30-1509. Sports betting fund - wagering revenue recipients hold-harmless fund - creation
Status: repealed

44-30-1509. Sports betting fund - wagering revenue recipients hold-harmless fund - creation - rules - definitions - repeal. (1) (a) There is hereby created, in the state treasury, the sports betting fund, referred to in this section as the "fund". The initial appropriation to the division for sports betting regulation and all subsequent revenues of the division derived from sports betting activity and the regulation of fantasy contest operators under part 16 of this article 30, including license fees, fines and penalties, and collection of the sports betting tax, shall be deposited into the fund. All expenses of the division related to sports betting and fantasy contest regulation, including the expenses of investigation and prosecution relating to sports betting and the regulation of fantasy contest operators, shall be paid from the fund.

(b) All money paid into the fund is continuously appropriated for the purposes of implementing this part 15 and part 16 of this article 30. Payment shall be made upon proper presentation of a voucher prepared by the commission in accordance with other statutes governing payments of liabilities incurred on behalf of the state and shall not be conditioned on any appropriation by the general assembly. Receipt of the payment constitutes spending authority by the division.

(2) For fiscal years commencing on or after July 1, 2024, from the money in the sports betting fund, to the extent the unexpended and unencumbered balance in the fund so permits, the state treasurer shall distribute an amount equal to all revenue of the division annually derived from the regulation of sports betting and fantasy contests, including license fees, fines, and penalties, and the first twenty-nine million dollars annually collected for payment of the sports betting tax as follows:

(a) Repealed.

(b) First, pay all ongoing expenses related to administering this part 15 incurred by the commission, the department, the division, and any other state agency from whom assistance related to the administration of this part 15 is requested by the commission or the director, as determined in accordance with rules of the commission. When making distributions from the fund as described in this subsection (2), the state treasurer may withhold an amount reasonably anticipated to be sufficient to pay the expenses until the next annual distribution.

(c) Second, transfer an amount equal to six percent of the full fiscal year sports betting tax revenues, or six percent of twenty-nine million dollars, whichever is less, to the wagering revenue recipients hold-harmless fund, referred to in this section as the "hold-harmless fund", which is created in the state treasury, from which the state treasurer shall make disbursements as directed by the commission as follows:

(I) The commission shall accept applications from the following persons and entities for annual, lump-sum payments to offset any loss of revenue that they can demonstrate, to the commission's satisfaction, is attributable to sports betting:

(A) The state historical fund created by section 9 (5)(b)(II) of article XVIII of the state constitution;

(B) The colleges described in section 44-30-702 (4)(a);

(C) The cities of Central, Black Hawk, and Cripple Creek;

(D) The counties of Gilpin and Teller; and

(E) Any persons or entities who benefit from purse funds collected pursuant to section 44-32-702 (1)(c) or 44-32-705.

(II) The commission shall establish, by rule, an annual schedule for the acceptance of applications; the form and manner in which applications must be made; its criteria for verifying the amount of each applicant's revenue loss attributable to sports betting; and the date on which distributions from the hold-harmless fund are to be made.

(III) If, on the annual date of distribution, there is not sufficient money in the hold-harmless fund to pay all verified losses, the commission shall direct the state treasurer to reduce the amount of all claims by a uniform percentage so that applicants receive a share of the money proportionate to their verified losses.

(IV) On December 31, 2023, and on December 31 of each year thereafter, the state treasurer shall transfer any money credited to the hold-harmless fund and not disbursed within two years after the date on which the money is credited to the hold-harmless fund, as authorized by the commission, to the responsible gaming grant program cash fund created in section 44-30-1702 (8).

(d) Repealed.

(e) Third, transfer all remaining unexpended and unencumbered money in the fund that is subject to distribution pursuant to this subsection (2) to the water plan implementation cash fund created in section 37-60-123.3.

(2.5) (a) For each fiscal year commencing on or after July 1, 2024, from the money in the sports betting fund, to the extent the unexpended and unencumbered balance in the fund so permits, the state treasurer shall distribute an amount equal to all revenue collected for payment of the sports betting tax in excess of twenty-nine million dollars to the water plan implementation cash fund created in section 37-60-123.3.

(b) If a majority of the electors voting in the November 2024 election vote "No/Against" on the ballot issue submitted to the voters pursuant to section 44-30-1517 (2), this subsection (2.5) is repealed, effective January 1, 2025.

(3) Nothing in this section permits compounding or accumulation of the annual adjustment.

(4) Upon request, the state treasurer shall report to the director or the commission the amount of money available in the fund. The director shall certify all accounts and expenditures from the fund. The state treasurer shall pay upon warrants drawn by the controller. The controller is authorized as directed to draw warrants payable out of the fund upon vouchers properly certified.

(5) The state treasurer shall invest the money in the fund so long as the money is timely available to pay the expenses of the division. Investments must be those otherwise permitted by state law, and interest or any other return on the investments shall be paid into the fund.

(6) The division shall be operated so that, after the initial state appropriation, its administration of this part 15 and part 16 of this article 30 is financially self-sustaining.

(7) No claim for the payment of any expense of the division relating to administering this part 15 or part 16 of this article 30 can be made unless it is against the fund. No other money of the state shall be used or obligated to pay the expenses of the division or commission related to sports betting or fantasy sports activity.
C.R.S. § 44-30-815 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-815
44-30-815. Extension of credit prohibited
Status: in_force

44-30-815. Extension of credit prohibited. No person licensed under this article 30 may extend credit to another person for participation in limited gaming.
C.R.S. § 44-30-201 — CO Code / Title 44 / Article 30 / Part 2 / Section 44-30-201
44-30-201. Division of gaming - creation
Status: in_force

44-30-201. Division of gaming - creation. There is created in the department the division of gaming, the head of which is the director of the division of gaming. The director is appointed by, and may be removed by, the executive director. The division of gaming, the Colorado limited gaming control commission created in section 44-30-301, and the director of the division of gaming are type 2 entities, as defined in section 24-1-105, and exercise their respective powers and perform their respective duties and functions as specified in this article 30 under the department; except that the commission has full and exclusive authority to promulgate rules related to limited gaming and sports betting without any approval by, or delegation of authority from, the department.
C.R.S. § 44-30-813 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-813
44-30-813. Minimum payback - limit to a slot machine
Status: in_force

44-30-813. Minimum payback - limit to a slot machine. The minimum theoretical payback value on a slot machine shall be at least eighty but not more than one hundred percent of the value of any credit played. However, this section shall not be construed to prohibit tournament slot machines with theoretical payback values greater than one hundred percent where the machines do not accept nor pay out coins or tokens.
C.R.S. § 44-20-112 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-112
44-20-112. Bond of licensee
Status: in_force

44-20-112. Bond of licensee. (1) Before any motor vehicle dealer's, wholesaler's, wholesale motor vehicle auction dealer's, business disposal, or used motor vehicle dealer's license is issued by the board through the executive director to an applicant, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101 or a good and sufficient bond with corporate surety duly licensed to do business within the state, approved as to form by the attorney general of the state, and conditioned that the applicant must not practice fraud or violate any provision of this part 1 related to fraud that is designated by the board by rule in conducting the business for which the applicant is licensed. A motor vehicle dealer, business disposer, or used motor vehicle dealer need not furnish an additional bond, savings account, deposit, or certificate of deposit under this section if the dealer furnishes a bond, savings account, deposit, or certificate of deposit under section 44-20-412.

(2) (a) The purpose of the bond procured by the applicant in accordance with subsection (1) of this section and section 44-20-114 (1) is to provide for the reimbursement for any loss or damage suffered by any retail consumer caused by fraud or a violation of this part 1 related to fraud by a motor vehicle dealer, used motor vehicle dealer, wholesale motor vehicle auction dealer, business disposer, or wholesaler. For a wholesale transaction, the bond is available to each party to the transaction; except that, if a retail consumer is involved, the consumer has priority to recover from the bond. The amount of the bond must be fifty thousand dollars for a motor vehicle dealer applicant, used motor vehicle dealer applicant, wholesale motor vehicle auction dealer applicant, business disposal applicant, or wholesaler applicant; except that the amount of the bond must be five thousand dollars for those dealers who sell only small utility trailers that weigh less than two thousand pounds. The aggregate liability of the surety for all transactions is limited to the amount of the bond, regardless of the number of claims or claimants.

(b) No corporate surety shall be required to make any payment to any person claiming under the bond until a final determination of fraud has been made by the board or by a court of competent jurisdiction.

(3) All bonds required pursuant to this section shall be renewed annually at such time as the bondholder's license is renewed. The renewal may be done through a continuation certificate issued by the surety.

(4) Nothing in this part 1 shall interfere with the authority of the courts to administer and conduct an interpleader action for claims against a licensee's bond.
C.R.S. § 44-20-135 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-135
44-20-135. Audit reimbursement limitations - dealer claims
Status: in_force

44-20-135. Audit reimbursement limitations - dealer claims. (1) (a) A manufacturer, distributor, or manufacturer representative shall have the right to audit warranty, sales, or incentive claims of a motor vehicle dealer for nine months after the date the claim was submitted.

(b) A manufacturer, distributor, or manufacturer representative shall not require documentation for warranty, sales, or incentive claims or audit warranty, sales, or incentive claims of a motor vehicle dealer more than fifteen months after the date the claim was submitted, nor shall the manufacturer require a charge back, reimbursement, or credit against a future transaction arising out of an audit or request for documentation arising more than nine months after the date the claim was submitted.

(2) The motor vehicle dealer shall have nine months after making a sale or providing service to submit warranty, sales, or incentive claims to the manufacturer, distributor, or manufacturer representative.

(3) Subsection (1) of this section shall not limit any action for fraud instituted in a court of competent jurisdiction.

(4) A motor vehicle dealer may request a determination from the executive director, within thirty days, that a charge back, reimbursement, or credit required violates subsection (1) of this section. If a determination is requested within the thirty-day period, then the charge back, reimbursement, or credit shall be stayed pending the decision of the executive director. If the executive director determines after a hearing that the charge back, reimbursement, or credit violates subsection (1) of this section, the charge back, reimbursement, or credit shall be void.
C.R.S. § 44-30-1517 — CO Code / Title 44 / Article 30 / Part 15 / Section 44-30-1517
44-30-1517. Ballot issue - retain and spend sports betting tax revenue - definition
Status: in_force

44-30-1517. Ballot issue - retain and spend sports betting tax revenue - definition. (1) As used in this section, "ballot issue" means the question submitted to voters pursuant to subsection (2) of this section.

(2) At the statewide election held in November 2024, the secretary of state shall submit to the registered electors of the state for their approval or rejection the following ballot issue: "Without raising taxes, may the state keep and spend all sports betting tax revenue above voter-approved limits to fund water conservation and protection projects instead of refunding revenue to casinos?"

(3) If a majority of the electors voting on the ballot issue vote "Yes/For", this constitutes voter approval to avoid the potential refund required by section 44-30-1519.

(4) For purposes of section 1-5-407, the ballot issue is a proposition. Section 1-40-106 (3)(d) does not apply to the ballot issue.
C.R.S. § 44-1-103 — CO Code / Title 44 / Article 1 / Section 44-1-103
44-1-103. Definitions
Status: in_force

44-1-103. Definitions. As used in this title 44, unless the context otherwise requires:

(1) "Department" means the department of revenue created in section 24-1-117.

(1.5) (a) "Driver's history" means a driver's history record made and maintained in accordance with section 42-2-121 (2).

(b) "Driver's history" does not include a misdemeanor or felony conviction, notwithstanding that the conviction is included within the driver's history record made and maintained in accordance with section 42-2-121 (2).

(2) "Executive director" means the executive director of the department.
C.R.S. § 44-30-822 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-822
44-30-822. Fraudulent acts
Status: in_force

44-30-822. Fraudulent acts. (1) It is unlawful for a person:

(a) To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players;

(b) To place, increase, or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or that is the subject of the bet or to aid anyone in acquiring the knowledge for the purpose of placing, increasing, or decreasing a bet or determining the course of play contingent upon that event or outcome;

(c) To claim, collect, or take, or attempt to claim, collect, or take, money or anything of value in or from a limited gaming activity with intent to defraud and without having made a wager contingent thereon, or to claim, collect, or take an amount greater than the amount won;

(d) Knowingly to entice or induce another to go to any place where limited gaming is being conducted or operated in violation of the provisions of this article 30, with the intent that the other person play or participate in that limited gaming activity;

(e) To place or increase a bet after acquiring knowledge of the outcome of the game or other event that is the subject of the bet, including past-posting and pressing bets;

(f) To reduce the amount wagered or to cancel a bet after acquiring knowledge of the outcome of the game or other event that is the subject of the bet, including pinching bets;

(g) To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, with knowledge that the manipulation affects the outcome of the game or with knowledge of an event that affects the outcome of the game;

(h) To, by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, or device, for himself or herself or another, win or attempt to win money or property or a representative of either or reduce a losing wager or attempt to reduce a losing wager in connection with limited gaming;

(i) To conduct any limited gaming operation without a valid license;

(j) To conduct any limited gaming operation on an unlicensed premises;

(k) To permit any limited gaming game or slot machine to be conducted, operated, dealt, or carried on in any limited gaming premises by a person other than a person licensed for the premises pursuant to this article 30;

(l) To place any limited gaming games or slot machines into play or display the games or slot machines without the authorization of the commission;

(m) To employ or continue to employ any person in a limited gaming operation who is not duly licensed or registered in a position whose duties require a license or registration pursuant to this article 30; or

(n) To, without first obtaining the requisite license or registration pursuant to this article 30, be employed, work, or otherwise act in a position whose duties would require licensing or registration pursuant to this article 30.

(2) Any person issued a license pursuant to this article 30 violating any provision of this section commits a class 6 felony and shall be punished as provided in section 18-1.3-401, and any other person violating any provision of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. If the person is a repeating gambling offender, the person commits a class 5 felony and shall be punished as provided in section 18-1.3-401.
C.R.S. § 44-32-205 — CO Code / Title 44 / Article 32 / Part 2 / Section 44-32-205
44-32-205. Racing cash fund
Status: in_force

44-32-205. Racing cash fund. (1) The racing cash fund is hereby established in the state treasury. Subject to appropriation by the general assembly, the division shall use the money in the racing cash fund for the direct and indirect costs of administering this article 32.

(2) Money in the racing cash fund at the end of any fiscal year shall remain in the racing cash fund and shall not revert to the general fund or any other fund. The racing cash fund shall be maintained in accordance with section 24-75-402.
C.R.S. § 44-3-416 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-416
44-3-416. Retail gaming tavern license
Status: in_force

44-3-416. Retail gaming tavern license. (1) A retail gaming tavern license shall be issued to persons who are licensed pursuant to section 44-30-501 (1)(c), who sell alcohol beverages by individual drink for consumption on the premises, and who sell sandwiches or light snacks or who contract with an establishment that provides the food services within the same building as the licensed premises. In no event shall any person hold more than three retail gaming tavern licenses.

(2) (a) Every person selling alcohol beverages as described in this section shall purchase the alcohol beverages only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, a person selling alcohol beverages as provided in this section may purchase not more than seven thousand dollars' worth of malt, vinous, or spirituous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). On January 1, 2025, and each January 1 thereafter, the state licensing authority shall adjust the purchase limitation specified in this subsection (2)(a) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.

(b) A retail gaming tavern licensee shall retain evidence of each purchase of malt, vinous, or spirituous liquors from a retailer licensed pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c), in the form of a purchase receipt showing the name of the licensed retailer, the date of purchase, a description of the alcohol beverages purchased, and the price paid for the alcohol beverages. The licensee shall retain the receipt and make it available to the state and local licensing authorities at all times during business hours.

(3) Nothing in this article 3 shall permit more than one retail gaming tavern license per building where the licensed premises are located.

(4) It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a retail gaming tavern license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article 4 of this title 44; except that the person may have an interest in a license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w), 44-3-412 (1), or 44-4-104 (1)(c) or in a financial institution referred to in section 44-3-308 (4).
C.R.S. § 44-3-313 — CO Code / Title 44 / Article 3 / Part 3 / Section 44-3-313
44-3-313. Restrictions for applications for new license
Status: in_force

44-3-313. Restrictions for applications for new license. (1) An application for the issuance of any license specified in section 44-3-309 (1) or 44-4-107 (1) shall not be received or acted upon:

(a) (I) If the application for a license described in section 44-3-309 (1) concerns a particular location that is the same as or within five hundred feet of a location for which, within the two years next preceding the date of the application, the state or a local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets.

(II) Subsection (1)(a)(I) of this section shall not apply to cities in which limited gaming is permitted pursuant to section 9 of article XVIII of the state constitution.

(III) No licensing authority shall consider an application for any license to sell fermented malt beverages at retail pursuant to section 44-4-107 (1) if, within one year before the date of the application, the state or a local licensing authority has denied an application at the same location for the reason that the reasonable requirements of the neighborhood or the desires of the inhabitants were satisfied by the existing outlets.

(b) Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises, or by virtue of ownership thereof;

(c) For a location in an area where the sale of alcohol beverages as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county;

(d) (I) If the building in which the alcohol beverages are to be sold pursuant to a license described in section 44-3-309 (1) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except that this subsection (1)(d)(I) does not:

(A) Affect the renewal or reissuance of a license once granted;

(B) Apply to licensed premises located or to be located on land owned by a municipality;

(C) Apply to an existing licensed premises on land owned by the state;

(D) Apply to a liquor license in effect and actively doing business before the principal campus was constructed;

(E) Apply to any club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution; or

(F) Apply to a campus liquor complex.

(II) The distances referred to in subsection (1)(d)(I) of this section are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access.

(III) The local licensing authority of any city and county, by rule or regulation; the governing body of any other municipality, by ordinance; and the governing body of any other county, by resolution, may eliminate or reduce the distance restrictions imposed by this subsection (1)(d) for any class of license, or may eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this subsection (1)(d).

(IV) In addition to the requirements of section 44-3-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the liquor is to be sold is located within any distance restrictions established by or pursuant to this section. This finding shall be subject to judicial review pursuant to section 44-3-802.

(e) (I) If the building in which the fermented malt beverages and wine are to be sold pursuant to a license under section 44-4-107 (1)(a) is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except that this subsection (1)(e)(I) does not apply to:

(A) Licensed premises located or to be located on land owned by a municipality;

(B) An existing licensed premises on land owned by the state;

(C) A fermented malt beverage and wine retailer that held a valid license and was actively doing business before the principal campus was constructed;

(D) A club located within the principal campus of any college, university, or seminary that limits its membership to the faculty or staff of the institution; or

(E) A campus liquor complex.

(II) The distances referred to in subsection (1)(e)(I) of this section are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which fermented malt beverages and wine are to be sold, using a route of direct pedestrian access.

(III) The local licensing authority of any city and county, by rule or regulation; the governing body of any other municipality, by ordinance; or the governing body of any other county, by resolution, may:

(A) Eliminate or modify the distance restrictions imposed by this subsection (1)(e); or

(B) Eliminate one or more types of schools or campuses from the application of any distance restriction established by or pursuant to this subsection (1)(e).

(IV) In addition to the requirements of section 44-3-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the fermented malt beverages and wine are to be sold is located within any distance restriction established by or pursuant to this subsection (1)(e). The finding is subject to judicial review pursuant to section 44-3-802.

(V) This subsection (1)(e) applies to:

(A) Applications for new fermented malt beverage and wine retailer's licenses under section 44-4-107 (1)(a) submitted on or after March 1, 2023; and

(B) Applications submitted on or after March 1, 2023, under section 44-3-301 (9) by fermented malt beverage and wine retailers licensed under section 44-4-107 (1)(a) to change the permanent location of the fermented malt beverage and wine retailer's licensed premises.

(2) An application for the issuance of a tavern or retail liquor store license may be denied under this article 3 if the local licensing authority or the state on state-owned property determines, pursuant to section 44-3-301 (2)(b), that the issuance of the license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources.
C.R.S. § 44-3-906 — CO Code / Title 44 / Article 3 / Part 9 / Section 44-3-906
44-3-906. Warrants - searches and seizures
Status: in_force

44-3-906. Warrants - searches and seizures. (1) If any person makes an affidavit before the judge of any county or district court stating that he or she has reason to and does believe that alcohol beverages are being sold, bartered, exchanged, divided, or unlawfully given away, or kept for such purposes, or carried in violation of this article 3 and article 4 of this title 44 within the jurisdiction of such court, and describing in the affidavit the premises, wagon, automobile, truck, vehicle, contrivance, thing, or device to be searched, the judge of the court shall issue a warrant to any officer, which the complainant may designate, having power to serve original process commanding the officer to search the premises (other than a home), wagon, automobile, truck, vehicle, contrivance, thing, or device described in the affidavit.

(2) The warrant shall be substantially as follows:

STATE OF COLORADO )

) ss.

County of.................................................)

The People of the State of Colorado to..........................................................

Greeting:

Whereas, there has been filed with the undersigned an affidavit of which the following is a copy:

(Here copy of affidavit)

Therefore you are hereby commanded, in the name of the people of the State of Colorado, forthwith, together with the necessary and proper assistance to enter into

(Here describe place mentioned in the affidavit)

of the said ........ situated in the county of ........ aforesaid and there diligently search for the said alcohol beverages and that you bring the same or any part thereof found in such search, together with such vessels in which such beverages are found and the implements and furniture used in connection therewith, and the wagon, automobile, truck, vehicle, contrivance, thing, or device in which carried, forthwith before me, to be disposed of and dealt with according to law.

Given under my hand and seal this ........ day of ........, ...... ............................................

Judge of the ................ Court

(3) The officer charged with the execution of the warrant, when necessary to obtain entrance or when entrance has been refused, may break open any premises (other than a home), wagon, automobile, truck, vehicle, contrivance, thing, or device that by said warrant the officer is directed to search and may execute said warrant any hour of the day or night.
C.R.S. § 44-30-1401 — CO Code / Title 44 / Article 30 / Part 14 / Section 44-30-1401
44-30-1401. Definitions
Status: in_force

44-30-1401. Definitions. As used in this part 14, unless the context otherwise requires:

(1) "City" means a city that is not a certified local government as defined in section 44-30-103 (7) and that receives money from the state historical fund for historic preservation purposes.

(2) "Commission" means an independent restoration and preservation commission created pursuant to section 44-30-1202 (5).
C.R.S. § 44-32-501 — CO Code / Title 44 / Article 32 / Part 5 / Section 44-32-501
44-32-501. Regulation of race meets and racing-related businesses - additional facilities -
Status: in_force

44-32-501. Regulation of race meets and racing-related businesses - additional facilities - rules. (1) (a) The commission shall license and regulate all race meets with pari-mutuel wagering held in this state at which horses participate, and shall cause the places where the race meets are held to be visited and inspected at least once a year by its members or employees, and shall require all places to be constructed, maintained, and operated in accordance with the laws of this state and the rules of the commission.

(b) The commission shall license and regulate all kennels and stables housing racing animals both in connection with a race meet and to protect the general health and welfare of horses. The commission shall cause the stables to be visited and inspected at least once a year by its members or employees and shall require all such places to be constructed, maintained, and operated in accordance with the laws of this state and the rules of the commission.

(2) (a) (I) The commission shall, at its own expense, regulate the operations of pari-mutuel machines and equipment, the operations of all money rooms, accounting rooms, and sellers' and cashiers' windows, and the weighing of jockeys.

(II) The commission shall at its own expense take or cause to be taken saliva, urine, blood, hair, or other body fluid samples or biopsy or necropsy specimens from horses selected by the commission or its employees at race meets provided for under this article 32 or when concerns are raised as to a particular animal, including the winner of a race, and shall test and determine the samples or specimens or cause the samples or specimens to be tested and determined.

(III) To protect the health and safety of licensees, racing employees, and the general public, and to ensure the orderly conduct of race meets, the commission may at its own expense take or cause to be taken, for cause or by random selection, saliva, urine, blood, hair, or other body fluid samples from licensees. The commission shall promulgate reasonable rules identifying the license categories subject to testing. The commission shall designate license categories subject to testing based on the nature of the work performed or proximity to dangerous conditions in the sport of horse racing. Samples may be collected by division employees or by certified contractors in connection with race meets. The rules must include a listing of prohibited substances. The commission shall test and determine the samples or specimens, or cause the samples or specimens to be tested, to determine the presence of any prohibited substance that may cause impairment, or mask or dilute the presence of a prohibited substance.

(IV) The commission, at its own expense and in addition to other employees, shall employ or contract with competent doctors, accountants, chemists, and other persons necessary to supervise the conduct of race meets and to ascertain that this article 32 and the rules of the commission are strictly complied with. The commission shall also seek innovative and efficient methods of testing humans and horses for prohibited substances to ensure the safety of humans and horses and maintain the integrity of racing. Through its bidding process, the commission shall invite laboratories to include proposals for testing procedures and methods that would maintain or improve the effectiveness of test results and minimize testing cost incurred by the state or the racing industry.

(b) The commission shall establish and require compliance with internal control procedures for licensees, including accounting and reporting procedures.

(c) The commission shall license and regulate persons who manufacture or operate totalizators and shall require all totalizators to be manufactured, maintained, and operated in accordance with the laws of this state and rules of the commission.

(d) The commission may license and regulate persons outside of Colorado who conduct pari-mutuel wagering on simulcast races and who accept wagers from Colorado residents at out-of-state simulcast facilities, and shall require out-of-state simulcast facilities to be maintained and operated in accordance with the laws of this state and rules of the commission. Source market fees imposed on persons licensed under this subsection (2)(d) shall not exceed ten percent of the gross receipts of all pari-mutuel wagering by Colorado residents conducted by the persons at out-of-state simulcast facilities.

(3) The commission shall license and regulate all in-state simulcast facilities conducting pari-mutuel wagering and shall require all such in-state simulcast facilities to be maintained and operated in accordance with the laws of this state and rules of the commission.

(3.5) An additional facility, as described in section 44-32-102 (11)(a)(II), must not be located within fifty miles of any class B horse track operated by another licensee without the written consent of the other licensee. The commission shall establish by rule the means of obtaining the consent.

(4) The commission shall, at its own expense, specifically regulate the operation by in-state simulcast facilities of pari-mutuel machines and equipment, the operation of all money and accounting facilities, and the operation of sellers' and cashiers' windows and ensure that the in-state simulcast facility is handling wagering as part of the pari-mutuel system of the appropriate track or simulcast facility and as part of the appropriate pari-mutuel pool, as designated in section 44-32-703. For such purposes, the commission, at its own expense, and in addition to other employees, shall employ the competent personnel necessary to supervise the wagering through in-state simulcast facilities and to ascertain that this article 32 and the rules of the commission are strictly complied with.

(5) A licensed track or its additional facility may be used for nonracing events upon advance notice to the commission, subject to the authority of the commission and the division to take all measures reasonably necessary to ensure that the nonracing events do not interfere with the safe and proper conduct of racing or the suitability of the track for racing.
C.R.S. § 44-33-108 — CO Code / Title 44 / Article 33 / Section 44-33-108
44-33-108. Contracting authority - memoranda of understanding - rules
Status: in_force

44-33-108. Contracting authority - memoranda of understanding - rules. (1) The executive director may enter into a contract with a private entity, in accordance with the "Procurement Code", articles 101 to 112 of title 24, to create and maintain the registry.

(2) The department of revenue may enter into memoranda of understanding with the judicial department, the department of human services, and the department of personnel to implement this article 33. If the registry is operated by a private entity pursuant to this section, the registry operator may enter into memoranda of understanding with the judicial department, the department of human services, and the department of personnel to implement this article 33.

(3) The executive director shall promulgate rules in accordance with article 4 of title 24 to implement this article 33. The rules shall include, but need not be limited to, rules regarding:

(a) The removal from the registry of information regarding persons who satisfy their outstanding debts;

(b) The manner in which a licensee shall communicate with the registry, including the information a licensee shall submit to the registry and the procedures to be followed if the registry is inaccessible due to technical or other problems;

(c) The protection of the confidentiality of information in the registry; and

(d) The circumstances and means by which an outstanding debt may be collected from a licensee pursuant to section 44-33-105 (2)(b)(IV).

(4) The executive director shall promulgate a rule in accordance with article 4 of title 24 allowing a licensee to retain at least thirty dollars of each payment withheld pursuant to this article 33 to cover the licensee's costs of compliance with this article 33, which amount shall be added to the debtor's outstanding debt.
C.R.S. § 44-10-106 — CO Code / Title 44 / Article 10 / Part 1 / Section 44-10-106
44-10-106. Marijuana employee labor rights
Status: in_force

44-10-106. Marijuana employee labor rights. If the national labor relations board or a court rules that marijuana or marijuana-related businesses are not covered by the federal "National Labor Relations Act", 29 U.S.C. sec. 151 et seq., then a marijuana business or marijuana-related business and its employees doing business in Colorado are covered by the "Labor Peace Act", part 1 of article 3 of title 8, to the same extent that a business would be covered by the federal "National Labor Relations Act", 29 U.S.C. sec. 151 et seq., absent such a ruling.
C.R.S. § 44-30-1510 — CO Code / Title 44 / Article 30 / Part 15 / Section 44-30-1510
44-30-1510. Audits
Status: in_force

44-30-1510. Audits. The sports betting fund shall be audited at least once before May 1, 2022, and at least once every five years thereafter, by or under the direction of the state auditor, who, notwithstanding section 24-1-136 (11)(a)(I), shall submit a report of the audit to the legislative audit committee. The expenses of the audit shall be paid from the sports betting fund.
C.R.S. § 44-10-501 — CO Code / Title 44 / Article 10 / Part 5 / Section 44-10-501
44-10-501. Medical marijuana store license
Status: repealed

44-10-501. Medical marijuana store license. (1) (a) A medical marijuana store license may be issued only to a person selling medical marijuana pursuant to the terms and conditions of this article 10.

(b) (I) The medical marijuana store shall track all of its medical marijuana and medical marijuana products from the point that they are transferred from a medical marijuana cultivation facility or medical marijuana products manufacturer to the point of sale. When completing a patient sales transaction, the medical marijuana store shall immediately record each sales transaction in the seed-to-sale inventory tracking system in order to allow the seed-to-sale inventory tracking system to:

(A) Continuously monitor entry of patient data to identify discrepancies with daily authorized quantity limits and THC potency authorizations;

(B) Access and retrieve real-time sales data based on patient identification number; and

(C) Respond with a user error message if a sale to a patient or caregiver will exceed the patient's daily authorized quantity limit for that business day or THC potency authorization.

(II) In the event of a temporary outage of the seed-to-sale tracking system, a medical marijuana store may rely upon the physician's certification required by section 25-1.5-106 and is not responsible for any unintentional sale in excess of the authorized quantity limit that occurs during the outage, provided however that the medical marijuana store uploads its sales data into the seed-to-sale tracking system as soon as reasonably practical after the end of the outage.

(III) The data collected pursuant to this subsection (1)(b), including any personal identifying patient information, is subject to the confidentiality requirements of section 44-10-204.

(2) (a) Notwithstanding the provisions of this section, a medical marijuana store licensee may also sell medical marijuana products that are prepackaged and labeled so as to clearly indicate all of the following:

(I) That the product contains medical marijuana;

(II) That the product is manufactured without any regulatory oversight for health, safety, or efficacy; and

(III) That there may be health risks associated with the consumption or use of the product.

(b) A medical marijuana store licensee may contract with a medical marijuana products manufacturer licensee for the manufacture of medical marijuana products upon a medical marijuana products manufacturer licensee's licensed premises.

(3) (a) Every person selling medical marijuana as provided for in this article 10 shall sell only medical marijuana acquired from a medical marijuana cultivation facility licensee, medical marijuana products manufacturer licensee, or another medical marijuana store.

(b) A medical marijuana store may not sell more than two ounces of medical marijuana to a patient or caregiver; except that a medical marijuana store may sell more than two ounces to a patient or caregiver who has been recommended an extended ounce count by his or her recommending physician in accordance with regulations adopted by the state licensing authority.

(c) In addition to medical marijuana, a medical marijuana store may sell no more than six immature plants to a patient; except that a medical marijuana store may sell more than six immature plants, but may not exceed half the recommended plant count, to a patient who has been recommended an expanded plant count by his or her recommending physician in accordance with regulations adopted by the state licensing authority. A medical marijuana store may sell immature plants to a primary caregiver, another medical marijuana store, or a medical marijuana products manufacturer pursuant to rules promulgated by the state licensing authority.

(d) A medical marijuana store may sell medical marijuana to another medical marijuana store, a medical marijuana cultivation facility, or a medical marijuana products manufacturer pursuant to rules promulgated by the state licensing authority.

(e) (I) A medical marijuana store that sells a hemp product shall ensure that the hemp product has passed all testing required by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(d). Prior to taking possession of the hemp product, a medical marijuana store shall verify the hemp product passed all testing required for medical marijuana products at a licensed medical marijuana testing facility and that the person transferring the hemp product has received a registration from the department of public health and environment pursuant to section 25-5-426.

(II) Absent sampling and testing standards established by the department of public health and environment for the sampling and testing of a hemp product, a person transferring a hemp product to a medical marijuana store pursuant to this section shall comply with sampling and testing standards consistent with those established by the state licensing authority pursuant to this article 10. The state licensing authority shall report to the department of public health and environment any investigations or findings of violations of this section by a person registered pursuant to section 25-5-426.

(f) The provisions of this subsection (3) do not apply to medical marijuana products.

(g) When completing a sale of medical marijuana concentrate, the medical marijuana store shall physically attach to the patient's receipt of sale, product container, or exit packaging the tangible educational resource created by the state licensing authority regarding the use of medical marijuana concentrate.

(4) (a) Prior to initiating a sale, the employee of the medical marijuana store making the sale shall verify:

(I) That the purchaser has a valid registry identification card issued pursuant to section 25-1.5-106 or a copy of a current and complete new application for the medical marijuana registry administered by the department of public health and environment that is documented by proof as having been submitted to the department of public health and environment within the preceding thirty-five days;

(II) A valid picture identification card that matches the name on the registry identification card; and

(III) That the patient's or caregiver's purchase will not exceed the patient's daily authorized quantity limit or the amount listed on the patient's certification, whichever is greater, and the purchase aligns with the purchase authority information in the seed-to-sale tracking system.

(b) A purchaser may not provide a copy of a renewal application in order to make a purchase at a medical marijuana store. A purchaser may only make a purchase using a copy of the purchaser's application from 8 a.m. to 5 p.m., Monday through Friday. If the purchaser presents a copy of the purchaser's application at the time of purchase, the employee must contact the department of public health and environment to determine whether the purchaser's application has been denied. The employee shall not complete the transaction if the purchaser's application has been denied. If the purchaser's application has been denied, the employee is authorized to confiscate the purchaser's copy of the application and the documentation of proof of submittal, if possible, and shall, within seventy-two hours after the confiscation, turn it over to the department of public health and environment or a local law enforcement agency. The failure to confiscate the copy of the application and document of proof of submittal or to turn it over to the state health department or a state or local law enforcement agency within seventy-two hours after the confiscation is not a criminal offense.

(c) If the patient seeks to purchase more than the statutorily allowed daily authorized limit of concentrate for the patient's age group, the patient shall present the patient's certification at the time of purchase and the medical marijuana store shall not exceed statutorily allowed quantities or the quantities specified in the certification.

(5) Transactions for the sale of medical marijuana or a medical marijuana product at a medical marijuana store may be completed by using an automated machine that is in a restricted access area of the store if the machine complies with the rules promulgated by the state licensing authority regarding the transaction of sale of product at a medical marijuana store and the transaction complies with subsection (4) of this section.

(6) A medical marijuana store may provide, except as required by section 44-10-203 (2)(d), a sample of its products to a facility that has a medical marijuana testing facility license from the state licensing authority for testing and research purposes. A medical marijuana store shall maintain a record of what was provided to the testing facility, the identity of the testing facility, and the results of the testing.

(7) (Deleted by amendment, L. 2019.)

(8) A licensed medical marijuana store shall comply with all provisions of article 34 of title 24, as the provisions relate to persons with disabilities.

(9) Notwithstanding the provisions of section 44-10-701 (3)(g), a medical marijuana store may sell below cost or donate to a patient who has been designated indigent by the state health agency or who is in hospice care:

(a) Medical marijuana; or

(b) No more than six immature plants; except that a medical marijuana store may sell or donate more than six immature plants, but may not exceed half the recommended plant count, to a patient who has been recommended an expanded plant count by his or her recommending physician; or

(c) Medical marijuana products to patients.

(10) (a) Except as provided in subsection (10)(b) of this section, a medical marijuana store shall not sell, individually or in any combination, more than two ounces of medical marijuana flower, eight grams of medical marijuana concentrate, or medical marijuana products containing a combined total of twenty thousand milligrams to a patient in a single business day.

(b) (I) A medical marijuana store may sell medical marijuana flower in an amount that exceeds the sales limitation established pursuant to subsection (10)(a) of this section only to a patient who has a physician recommendation for more than two ounces of flower and is registered with the medical marijuana store.

(II) A medical marijuana store may sell medical marijuana products in an amount that exceeds the sales limitation pursuant to subsection (10)(a) of this section only to a patient who has a physician exemption from the sales limitation and is registered with the medical marijuana store. A physician making medical marijuana recommendations for a debilitating medical condition or disabling medical condition pursuant to article 1.5 of title 25 may exempt a patient from the medical marijuana concentrate or medical marijuana products sales limitation established in subsection (10)(a) of this section. A physician providing an exemption shall document and maintain the exemption in the physician's record-keeping system for the patient and shall provide written documentation to the patient to allow a medical marijuana store to verify the exemption. The written documentation of the exemption provided to a patient must, at a minimum, include the patient's name and registry number, the physician's name, valid license number, physical business address, any electronic mailing address, and phone number. The state health agency may require a physician providing an exemption to the sales limitation to document the exemption in the medical marijuana registry.

(III) (A) A medical marijuana store or medical marijuana stores shall not sell any more than eight grams of medical marijuana concentrate to a patient in a single day; except that this subsection (10)(b) does not apply if the patient is homebound, if the physician's certification specifically states that the patient needs more than eight grams of medical marijuana concentrate, if it would be a significant physical or geographic hardship for the patient to make a daily purchase, or if the patient had a registry identification card prior to eighteen years of age.

(B) Notwithstanding the provisions of subsection (10)(b)(III)(A) of this section, if the patient is eighteen to twenty years of age, a medical marijuana store or medical marijuana stores shall not sell any more than two grams of medical marijuana concentrate to a patient in a single day; except that this subsection (10)(b) does not apply if the patient is homebound, if the physician's certification specifically states the patient needs more than two grams of medical marijuana concentrate, if it would be a significant physical or geographic hardship for the patient to make a daily purchase, or if the patient had a registry identification card prior to eighteen years of age.

(c) The state licensing authority may promulgate rules to establish certain exemptions to the medical marijuana concentrate or medical marijuana products sales limitation and may establish record-keeping requirements for medical marijuana stores engaging in sales transactions pursuant to any exemption to the sales limitation. When establishing any exemptions, the state licensing authority shall consult with members of the medical marijuana patient community and physicians making medical marijuana recommendations pursuant to section 14 of article XVIII of the state constitution and article 1.5 of title 25.

(d) A medical marijuana store shall not engage in sales transactions to the same patient during the same business day when the medical marijuana store or its employee knows or reasonably should have known that the sales transaction would result in the patient possessing more than the sales limitation established by subsection (10)(a) of this section.

(11) (a) (I) There is authorized a medical marijuana delivery permit to a medical marijuana store license authorizing the permit holder to deliver medical marijuana and medical marijuana products.

(II) A medical marijuana delivery permit is valid for two years and may be renewed annually upon renewal of the medical marijuana store license.

(III) A medical marijuana delivery permit issued pursuant to this section applies to only one medical marijuana store; except that a single medical marijuana delivery permit may apply to multiple medical marijuana stores provided that the medical marijuana stores are in the same local jurisdiction and are identically owned, as defined by the state licensing authority for purposes of this section.

(IV) The state licensing authority may issue a medical marijuana delivery permit to a qualified applicant, as determined by the state licensing authority, that holds a medical marijuana store license issued pursuant to this article 10. The state licensing authority has discretion in determining whether an applicant is qualified to receive a medical marijuana delivery permit. A medical marijuana delivery permit issued by the state licensing authority is deemed a revocable privilege of a licensed medical marijuana store. A violation related to a medical marijuana delivery permit is grounds for a fine or suspension or revocation of the delivery permit or medical marijuana store license.

(b) A medical marijuana store licensee shall not make deliveries of medical marijuana or medical marijuana products to patients or parents or guardians while also transporting medical marijuana or medical marijuana products between licensed premises in the same vehicle.

(c) A licensed medical marijuana store shall charge a one-dollar surcharge on each delivery. The licensed medical marijuana store shall remit the surcharges collected on a monthly basis to the municipality where the licensed medical marijuana store is located, or to the county if the licensed medical marijuana store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Failure to comply with this subsection (11)(c) may result in nonrenewal of the medical marijuana delivery permit.

(d) A licensed medical marijuana store with a medical marijuana delivery permit may deliver medical marijuana and medical marijuana products only to the patient or parent or guardian who placed the order and who:

(I) Is a current registrant of the medical marijuana patient registry and is twenty-one years of age or older or the parent or guardian of a patient who is also the patient's primary caregiver;

(II) Receives the delivery of medical marijuana or medical marijuana products pursuant to rules; and

(III) Possesses an acceptable form of identification.

(e) Any person delivering medical marijuana or medical marijuana products must possess a valid occupational license and be a current employee of the licensed medical marijuana store or medical marijuana transporter licensee with a valid medical marijuana delivery permit; must have undergone training regarding proof-of-age identification and verification, including all forms of identification that are deemed acceptable by the state licensing authority; and must have any other training required by the state licensing authority.

(f) In accordance with this subsection (11) and rules adopted to implement this subsection (11), a licensed medical marijuana store with a valid medical marijuana delivery permit may:

(I) Receive an order by electronic or other means from a patient or the parent or guardian for the purchase and delivery of medical marijuana or medical marijuana products. When using an online platform for marijuana delivery, the platform must require the patient or parent or guardian to choose a medical marijuana store before viewing the price.

(II) Deliver medical marijuana and medical marijuana products not in excess of the amounts established by the state licensing authority;

(III) Deliver only to a patient or a parent or guardian at the address provided in the order;

(IV) Deliver no more than once per day to the same patient or parent or guardian or residence;

(V) (A) Deliver only to private residences.

(B) For purposes of this section, "private residences" means private premises where a person lives, such as a private dwelling place or place of habitation, and specifically excludes any premises located at a school or on the campus of an institution of higher education, or any other public property.

(VI) Deliver medical marijuana or medical marijuana products only by a motor vehicle that complies with this section and the rules promulgated pursuant to this section and section 44-10-203 (2)(dd); and

(VII) Use an employee to conduct deliveries, or contract with a medical marijuana transporter that has a valid medical marijuana delivery permit to conduct deliveries on its behalf, from its medical marijuana store or its associated state licensing authority-authorized storage facility as defined by rule.

(g) (I) At the time of the order, the medical marijuana store shall require the patient or parent or guardian to provide information necessary to verify the patient is qualified to purchase and receive a delivery of medical marijuana and medical marijuana products pursuant to this section. The provided information must, at a minimum, include the following:

(A) The patient's name and date of birth;

(B) The registration number reflected on the patient's registry identification card issued pursuant to section 25-1.5-106;

(C) If the patient is under eighteen years of age, the name and date of birth of the parent or guardian designated as the patient's primary caregiver and, if applicable, the registration number of the primary caregiver;

(D) The address of the residence where the order will be delivered; and

(E) Any other information required by state licensing authority rule.

(II) Prior to transferring possession of the order to a patient or a parent or guardian, the person delivering the order shall inspect the patient's or parent's or guardian's identification and registry identification card issued pursuant to section 25-1.5-106, verify the possession of a valid registry identification card issued pursuant to section 25-1.5-106, and verify that the information provided at the time of the order matches the name and age on the patient's or parent's or guardian's identification.

(h) (I) Unless otherwise provided by the state licensing authority by rules promulgated pursuant to this article 10, all requirements applicable to other licenses issued pursuant to this article 10 apply to the delivery of medical marijuana and medical marijuana products, including but not limited to inventory tracking, transportation, and packaging and labeling requirements.

(II) The advertising regulations and prohibitions adopted pursuant to section 44-10-203 (3)(a) apply to medical marijuana delivery operations pursuant to this subsection (11).

(i) It is not a violation of any provision of state, civil, or criminal law for a licensed medical marijuana store or medical marijuana transporter licensee with a valid medical marijuana delivery permit, or such person who has made timely and sufficient application for the renewal of the permit, or its licensees to possess, transport, and deliver medical marijuana and medical marijuana products pursuant to a medical marijuana delivery permit in amounts that do not exceed amounts established by the state licensing authority.

(j) A local law enforcement agency may request state licensing authority reports, including complaints, investigative actions, and final agency action orders, related to criminal activity materially related to medical marijuana delivery in the law enforcement agency's jurisdiction, and the state licensing authority shall promptly provide any reports in its possession for the law enforcement agency's jurisdiction.

(k) (I) Notwithstanding any provisions of this section, delivery of medical marijuana or medical marijuana products is not permitted in any municipality, county, or city and county unless the municipality, county, or city and county, by either a majority of the registered electors of the municipality, county, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", article 10 of title 31, or the "Uniform Election Code of 1992", articles 1 to 13 of title 1, as applicable, or a majority of the members of the governing board for the municipality, county, or city and county, vote to allow the delivery of medical marijuana or medical marijuana products pursuant to this section.

(II) An ordinance adopted pursuant to subsection (11)(k)(I) of this section may prohibit delivery of medical marijuana or medical marijuana products from a medical marijuana store that is outside a municipality's, county's, city's, or city and county's jurisdictional boundaries to an address within its jurisdictional boundaries.

(l) Notwithstanding any provisions of this section, delivery of retail marijuana or retail marijuana products is not permitted at any school or on the campus of any institution of higher education.

(m) (I) The state licensing authority shall begin issuing medical marijuana delivery permits to qualified medical marijuana store applicants on, but not earlier than, January 2, 2020.

(II) Repealed.

(12) Notwithstanding any other provision of law to the contrary, a licensed medical marijuana store may compensate its employees using performance-based incentives, including sales-based performance-based incentives.
C.R.S. § 44-3-201 — CO Code / Title 44 / Article 3 / Part 2 / Section 44-3-201
44-3-201. State licensing authority - creation
Status: in_force

44-3-201. State licensing authority - creation. (1) For the purpose of regulating and controlling the licensing of the manufacture, distribution, and sale of alcohol beverages in this state, there is hereby created the state licensing authority, which shall be the executive director or the deputy director if the executive director so designates.

(2) The executive director shall be the chief administrative officer of the state licensing authority and may employ, pursuant to section 13 of article XII of the state constitution, clerks and inspectors as may be determined to be necessary.
C.R.S. § 44-30-705 — CO Code / Title 44 / Article 30 / Part 7 / Section 44-30-705
44-30-705. Attorney general - duties
Status: in_force

44-30-705. Attorney general - duties. (1) The attorney general shall provide legal services for the division and the commission at the request of the executive director, director, or the commission. The attorney general shall make reasonable efforts to ensure that there is continuity in the legal services provided and that the attorneys providing legal services to the division and the commission have expertise in the field.

(2) The commission, the executive director, or the director may request the attorney general to make civil investigations and enforce civil violations of rules of the commission, on behalf of and in the name of the division, and to bring and defend civil suits and proceedings for any of the purposes necessary and proper for carrying out the functions of the division.

(3) Expenses of the attorney general incurred in the performance of the responsibilities under this section must be paid from the limited gaming fund; except that any such expenses related to sports betting under part 15 of this article 30 must be paid from the sports betting fund.
C.R.S. § 44-3-311 — CO Code / Title 44 / Article 3 / Part 3 / Section 44-3-311
44-3-311. Public notice - posting and publication - definition
Status: in_force

44-3-311. Public notice - posting and publication - definition. (1) Upon receipt of an application, except an application for renewal or for transfer of ownership, a local licensing authority may schedule a public hearing upon the application not less than thirty days after the date of the application and shall post and publish the public notice of the hearing not less than ten days prior to the hearing. If a public hearing is scheduled, the local licensing authority shall give public notice by posting a sign in a conspicuous place on the premises for which application has been made and by publication in a newspaper of general circulation in the county in which the premises are located.

(2) Notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. If the applicant is a partnership, the sign shall contain the names and addresses of all partners, and if the applicant is a corporation, association, or other organization, the sign shall contain the names and addresses of the president, vice president, secretary, and manager or other managing officers.

(3) Notice given by publication shall contain the same information as that required for signs.

(4) If the building in which the alcohol beverage is to be sold is in existence at the time of the application, any sign posted as required in subsections (1) and (2) of this section shall be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.

(5) (a) At the public hearing held pursuant to this section, any party in interest shall be allowed to present evidence and to cross-examine witnesses.

(b) As used in this subsection (5), "party in interest" means any of the following:

(I) The applicant;

(II) An adult resident of the neighborhood under consideration;

(III) The owner or manager of a business located in the neighborhood under consideration;

(IV) The principal or representative of any school located within five hundred feet of the premises for which the issuance of a license pursuant to section 44-3-309 (1) is under consideration.

(c) The local licensing authority, in its discretion, may limit the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination.

(d) Nothing in this subsection (5) shall be construed to prevent a representative of an organized neighborhood group that encompasses part or all of the neighborhood under consideration from presenting evidence subject to this section. The representative shall reside within the neighborhood group's geographic boundaries and shall be a member of the neighborhood group. The representative shall not be entitled to cross-examine witnesses or seek judicial review of the licensing authority's decision.
C.R.S. § 44-3-305 — CO Code / Title 44 / Article 3 / Part 3 / Section 44-3-305
44-3-305. Denial of application
Status: in_force

44-3-305. Denial of application. (1) The state licensing authority shall refuse a state license if the premises on which the applicant proposes to conduct its business do not meet the requirements of this article 3, or if the character of the applicant or its officers or directors is such that violations of this article 3 or article 4 or 5 of this title 44 would be likely to result if a license were granted, or if in its opinion licenses already granted for the particular locality are adequate for the reasonable needs of the community.

(2) The state licensing authority shall not refuse a state license after a local license has been granted, except upon hearing after fifteen days' notice to the applicant and to the local licensing authority. The notice shall be in writing and shall state grounds upon which the application may be refused. If the applicant does not respond to the notice within fifteen days after the date of the notice, the application for a license shall be denied. The hearing shall be conducted in accordance with the provisions of section 24-4-105, and judicial review of the state licensing authority's decision shall be pursuant to section 24-4-106.
C.R.S. § 44-40-120 — CO Code / Title 44 / Article 40 / Section 44-40-120
44-40-120. Division subject to termination - annual financial audits of the division
Status: in_force

44-40-120. Division subject to termination - annual financial audits of the division. (1) (a) Unless continued or reestablished by the general assembly acting by bill, the division shall terminate on July 1, 2049.

(b) (I) The state auditor shall conduct annual financial audits of the division.

(II) At least once every five years, and more frequently in the state auditor's discretion, the state auditor shall conduct an analysis and evaluation of the performance of the division and shall submit a written report, together with any supporting materials as may be requested, to the general assembly. The first report shall be completed by January 1, 2004.

(c) In conducting the analysis and evaluation required by subsection (1)(b)(II) of this section, the state auditor shall take into consideration, but not be limited to considering, the following factors:

(I) The amount of revenue generated by the lottery for its beneficiaries as specified in article XXVII of the state constitution;

(II) The administrative and other expense of lottery dollar collections as compared to revenue derived;

(III) An evaluation of the contracts, and compliance with the contracts, of lottery equipment contractors and licensed sales agents;

(IV) Whether there has been an increase in organized crime related to gambling within the state;

(V) A report on the results of the analysis prepared by the division on the socioeconomic profile of persons who play the lottery, including information comparing the results of past analyses to assess the movement of persons from various categories;

(VI) Whether the commission encourages public participation in its decisions rather than participation only by the people whom it regulates;

(VII) An evaluation of the effectiveness and efficiency of the division's complaint, investigation, and disciplinary procedures;

(VIII) Whether the division performs its statutory duties efficiently and effectively;

(IX) Whether administrative or statutory changes are necessary to improve the operation of the lottery in the best interests of the state's citizens;

(X) Any other matters of concern about the operation and functioning of the lottery; and

(XI) A report on any gifts and gratuities received by members of the commission and employees of the division.

(2) Prior to any revision of the division's functions, a committee of reference in each house of the general assembly shall hold a public hearing thereon to consider the report provided by the state auditor, as required by subsection (1)(b)(II) of this section. The hearing shall include the factors set forth in subsection (1)(c) of this section.
C.R.S. § 44-32-703 — CO Code / Title 44 / Article 32 / Part 7 / Section 44-32-703
44-32-703. Pari-mutuel pools for race meets and simulcast races
Status: in_force

44-32-703. Pari-mutuel pools for race meets and simulcast races. (1) The pari-mutuel pool for a horse race meet and for simulcast races of the race meet shall be an intrastate common pool; except that, if the simulcast races are received by an out-of-state simulcast facility, the pari-mutuel pool may be an interstate common pool, and, in that case, it shall be operated by the in-state host track conducting the horse race meet.

(2) An in-state simulcast facility receiving simulcast races from an out-of-state host track may participate either in a pari-mutuel pool into which only the pari-mutuel wagers on the simulcast races that are placed at the in-state simulcast facility are taken or in an interstate common pool. The commission shall permit an operator of an in-state simulcast facility participating in an interstate common pool to adopt the takeout percentage of the out-of-state host track for the interstate common pool.
C.R.S. § 44-10-316 — CO Code / Title 44 / Article 10 / Part 3 / Section 44-10-316
44-10-316. Unlawful financial assistance
Status: in_force

44-10-316. Unlawful financial assistance. (1) The state licensing authority, by rule, shall require a complete disclosure pursuant to section 44-10-309 in connection with each license issued under this article 10.

(2) This section is intended to prohibit and prevent the control of the outlets for the sale of regulated marijuana and regulated marijuana products by a person or party other than the persons licensed pursuant to the provisions of this article 10.
C.R.S. § 44-3-108 — CO Code / Title 44 / Article 3 / Part 1 / Section 44-3-108
44-3-108. Substance use disorders - recovery - retail liquor sales - stakeholder group - r
Status: repealed

44-3-108. Substance use disorders - recovery - retail liquor sales - stakeholder group - rules - repeal. (1) No later than July 1, 2025, in order to assist individuals who are recovering from substance use disorders, the liquor enforcement division shall adopt rules related to the location of alcohol beverage displays.

(2) The liquor enforcement division shall convene a stakeholder group of the following members to develop the rules required in subsection (1) of this section:

(a) Four individuals representing recovery providers, of whom two individuals must represent a recovery provider in a rural or frontier area and two individuals must represent a recovery provider in a metro or urban area;

(b) Two individuals representing a recovery residence, as defined in section 27-80-129 (1)(b);

(c) Three individuals, each representing a convenience store licensed under this article 3 or article 4 of this title 44 to sell alcohol beverages; and

(d) Three individuals, each representing a grocery store licensed under this article 3 or article 4 of this title 44 to sell alcohol beverages.

(3) The liquor enforcement division shall provide notice of stakeholder meetings on its website and hold stakeholder meetings open to the public. The stakeholder group shall meet at least three times.

(4) This section is repealed, effective September 1, 2026.
C.R.S. § 44-20-431 — CO Code / Title 44 / Article 20 / Part 4 / Section 44-20-431
44-20-431. Drafts or checks not honored for payment - penalties
Status: in_force

44-20-431. Drafts or checks not honored for payment - penalties. (1) If a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer issues a draft or check to a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer and fails to honor the draft or check, then the license of the licensee shall be subject to suspension pursuant to section 44-20-420. The license suspension shall be effective upon the date of a final decision against the licensee. A licensee whose license has been suspended pursuant to this subsection (1) shall not be eligible for reinstatement of the license and shall not be eligible to apply for another license issued under this part 4 unless it is demonstrated to the board that the unpaid draft or check has been paid in full and that any fine imposed on the licensee pursuant to subsection (2) of this section has been paid in full.

(2) A wholesaler, powersports vehicle dealer, or used powersports vehicle dealer that issues a draft or check to a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer and who fails to honor the draft or check, causing loss to a third party, commits a misdemeanor and shall be punished by a fine of two thousand five hundred dollars. Any fine collected for a violation of this subsection (2) shall be awarded to the law enforcement agency that investigated and issued the citation for the violation.
C.R.S. § 44-20-428 — CO Code / Title 44 / Article 20 / Part 4 / Section 44-20-428
44-20-428. Reimbursement for disapproving sale
Status: in_force

44-20-428. Reimbursement for disapproving sale. A manufacturer or distributor shall pay reasonable attorney fees, not to exceed the usual and customary fees charged for the transfer of a franchise, and reasonable expenses that are incurred by the proposed owner or transferee before the manufacturer or distributor exercised its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or the transfer of assets. Payment of attorney fees and expenses is not required if the claimant has failed to submit an accounting of attorney fees and expenses within twenty days after the receipt of the manufacturer's or dealer's written request for an accounting. An expense accounting may be requested by the manufacturer or distributor before exercising its right of first refusal.
C.R.S. § 44-10-801 — CO Code / Title 44 / Article 10 / Part 8 / Section 44-10-801
44-10-801. Marijuana cash fund - transfer
Status: repealed

44-10-801. Marijuana cash fund - transfer. (1) (a) All money collected by the state licensing authority pursuant to this article 10 must be transmitted to the state treasurer, who shall credit the same to the marijuana cash fund, which fund is hereby created and referred to in this section as the "fund". The fund consists of:

(I) The money collected by the state licensing authority; and

(II) Any additional general fund money appropriated or transferred to the fund that is necessary for the operation of the state licensing authority.

(b) Money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with implementing this article 10 and article 28.8 of title 39.

(c) Any money in the fund not expended for these purposes may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund.

(d) and (e) Repealed.

(2) The executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3) to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).

(3) (a) The state licensing authority shall establish fees for processing the following types of applications, licenses, notices, or reports required to be submitted to the state licensing authority:

(I) Applications for licenses listed in section 44-10-401 and rules promulgated pursuant to that section;

(II) Applications to change location pursuant to section 44-10-313 (13) and rules promulgated pursuant to that section;

(III) Applications for transfer of ownership pursuant to section 44-10-312 and rules promulgated pursuant to that section;

(IV) License renewal and expired license renewal applications pursuant to section 44-10-314; and

(V) Licenses as listed in section 44-10-401.

(b) The amounts of such fees, when added to the other fees transferred to the fund pursuant to this section, must reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article 10 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402 (3).

(c) The state licensing authority may charge applicants licensed under this article 10 a fee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees.

(d) At least annually, the state licensing authority shall review the amounts of the fees and, if necessary, adjust the amounts to reflect the direct and indirect costs of the state licensing authority.

(4) Except as provided in subsection (5) of this section, the state licensing authority shall establish a basic fee that shall be paid at the time of service of any subpoena upon the state licensing authority, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, there must be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena.

(5) The subpoena fee established pursuant to subsection (4) of this section is not applicable to any federal, state, or local governmental agency.

(6) Repealed.
C.R.S. § 44-3-404 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-404
44-3-404. Festival permit - rules
Status: in_force

44-3-404. Festival permit - rules. (1) (a) A person listed in subsection (9) of this section may file a festival permit application with the state licensing authority. The applicant must:

(I) Specify the licensed premises for the first of the festivals to be held;

(II) File the application at least thirty calendar days before the festival is to be held; and

(III) Include a fifty-dollar processing fee for the first festival with the application filed with the state licensing authority.

(b) (I) A local licensing authority may create a local permit for festivals; except that a limited winery licensee or winery licensee need not obtain a local permit to participate in or hold a festival. If a local licensing authority does not create a local permit under this subsection (1)(b), an applicant need not obtain a local permit under this subsection (1)(b) to conduct festivals.

(II) If a licensee is applying for both a festival permit and a special event liquor permit issued under article 5 of this title 44, the licensee need not apply for any local permit established in accordance with subsection (1)(b)(I) of this section.

(c) If a festival permittee notifies the state licensing authority and the appropriate local licensing authority of the location of and dates of each festival at least thirty calendar days before holding the festival, the permittee may hold up to, but no more than, nine festivals during the twelve months after the festival permit is issued. Beginning January 1, 2024, a permittee may hold up to nine festivals during each calendar year.

(2) The licensee that holds the festival must file the application for the permit, but other licensees may jointly participate under the permit issued to the licensee that applied for the permit, subject to the limitations specified in subsection (2.5) of this section.

(2.5) A licensee may participate in up to fifty-two festivals each calendar year, including up to nine festivals held under a festival permit issued to the licensee pursuant to subsection (1)(c) of this section.

(3) Notification of all subsequent festivals shall be by supplemental application, as approved by the state licensing authority. A fifty-dollar processing fee is required for each subsequent festival.

(4) The state licensing authority may deny a festival permit or supplemental application for any of the following reasons:

(a) A documented history of violations of this article 3 or rules issued under this article 3 by any participating licensee;

(b) The filing of an incomplete or late application; or

(c) A finding that the application, if granted, would result in violations of this article 3 or rules issued under this article 3 or violations of the laws of a local government.

(5) After the issuance of an initial festival permit, all supplemental applications that are complete and filed in a timely manner are deemed approved unless the state licensing authority provides the permittee with a notice of denial at least seventy-two hours prior to the date of the event.

(6) Notwithstanding any other provision of this article 3, the permittee and participating licensees are authorized to use the licensed premises jointly to conduct alcohol beverage tastings and to engage in the same retail sales of alcohol beverages that the permittee and participating licensees are authorized to conduct at their licensed premises. A festival permit does not authorize the permittee to use the licensed premises for more than seventy-two hours for any one festival.

(7) If a violation of this article 3 occurs during a festival and the licensee responsible for the violation can be identified, the state or local licensing authority may charge and impose appropriate penalties on the licensee. If the responsible party cannot be identified, the state licensing authority may send a written notice to every licensee identified on the permit application and may fine each the same dollar amount, which fine must not exceed twenty-five dollars per licensee or two hundred dollars in the aggregate. A joint fine levied pursuant to this subsection (7) does not apply to the revocation of the licensee's license under section 44-3-601.

(8) A joint fine levied pursuant to subsection (7) of this section shall not create or increase civil liability under section 44-3-801 (3) for a participating licensee or create joint liability for such a licensee.

(9) This section applies to a person licensed under section 44-3-402, 44-3-403, 44-3-407, 44-3-411, 44-3-413, 44-3-414, 44-3-417, 44-3-422, or 44-3-426.

(10) The state licensing authority may adopt rules necessary to implement and administer this section.
C.R.S. § 44-40-109 — CO Code / Title 44 / Article 40 / Section 44-40-109
44-40-109. Commission - powers and duties - rules
Status: in_force

44-40-109. Commission - powers and duties - rules. (1) In addition to any other powers and duties set forth in this article 40, the commission has the following powers and duties:

(a) To promulgate rules governing the establishment and operation of the lottery as it deems necessary to carry out the purposes of this article 40. The director shall prepare and submit to the commission written recommendations concerning proposed rules for this purpose. Although the commission is a type 2 entity, as defined in section 24-1-105, the commission has full and exclusive authority to promulgate rules related to the lottery without any approval by, or delegation of authority from, the department.

(b) To conduct hearings upon complaints charging violations of this article 40 or rules promulgated pursuant to this article 40, other than any hearings relating to the granting, suspension, revocation, or renewal of licenses for lottery sales agents, and to conduct other hearings as may be provided by rules of the commission;

(c) To carry on a continuous study and investigation of the lottery throughout the state for the purpose of ascertaining any defects in this article 40 or in the rules issued under this article 40 whereby any abuses in the administration and operation of the lottery or any evasion of this article 40 or the rules may arise or be practiced, for the purpose of formulating recommendations for changes in this article 40 and the rules to prevent any abuses and evasions, to guard against the use of this article 40 and the rules as a cloak for the carrying on of organized gambling and crime, and to ensure that the law and rules shall be in the form and be so administered as to serve the true purposes of this article 40;

(d) To report immediately to the governor, the attorney general, the speaker of the house of representatives, the president of the senate, the minority leaders of both houses, and any other state officers, as from time to time the commission deems appropriate, any matters that it deems to require an immediate change in the laws of this state in order to prevent abuses and evasions of this article 40 or rules promulgated thereunder or to rectify undesirable conditions in connection with the administration or operation of the lottery;

(e) To require any special reports from the director that it may consider desirable;

(f) To authorize and issue revenue bonds pursuant to the provisions of section 44-40-122;

(g) To annually set the amount of the performance bond required of persons entering into contracts to provide materials, equipment, or supplies used in the operation of the lottery or to design or install games or lotteries; and

(h) To investigate and participate in multistate agreements and to regulate multistate lotteries. The director shall act as the commission's agent in the investigations if the commission so directs.

(2) Except as provided in subsection (3) of this section, rules promulgated pursuant to subsection (1) of this section must include:

(a) The types of lotteries to be conducted, but no lottery conducted under this article 40 other than instant scratch games shall be based upon the game of chance commonly known as bingo, nor shall any lottery be conducted that depends upon the outcome of any athletic contest except races at state-licensed dog or horse tracks if approved by the Colorado racing commission;

(b) The price of tickets or shares in the lottery;

(c) The numbers, sizes, and payment of the prizes on the winning tickets or shares;

(d) The manner of selecting the winning tickets or shares. All drawings shall be held in public and witnessed by an independent auditor employed by a certified public accountant firm, and all drawing equipment used in the public drawings must be examined prior to and after each public drawing by an independent auditor employed by a certified public accountant firm.

(e) The frequency of the drawing or selection of winning tickets or shares, without limitation;

(f) Without limit to number, the types of locations where tickets or shares may be sold; except that the commission shall not promulgate any rule, issue any order, or adopt any policy or interpretation before July 1, 2017, that authorizes or permits the purchase of tickets, including instant scratch tickets, or shares by means of the internet, telephone, computer, or any other electronic device or equipment that the purchaser can access or use to purchase lottery tickets other than by doing so personally at a licensed lottery sales agent's physical place of business;

(g) The method to be used in selling tickets or shares;

(h) The manner and amount of compensation, if any, to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public;

(i) The manner in which lottery sales revenues are to be collected.

(3) (a) The commission shall promulgate rules pursuant to subsection (1) of this section for the general administration of all instant scratch games. The rules must include:

(I) The method to be used in selling instant scratch game tickets;

(II) The method of paying prizes on winning instant scratch game tickets; and

(III) The manner and amount of compensation, if any, to be paid to licensed sales agents necessary to provide for the adequate availability of instant scratch game tickets to prospective buyers and for the convenience of the public.

(b) (I) The commission shall establish and approve all instructions governing instant scratch games. The instructions shall include, but shall not be limited to:

(A) The method for determining instant scratch game winners;

(B) The establishment of claim periods;

(C) The price of instant scratch game tickets;

(D) The numbers and sizes of prizes; and

(E) The method for selecting and validating winning instant scratch game tickets.

(II) The commission shall publish all approved instructions governing instant scratch games in a clearly identifiable section on the official website of the state lottery. The published instructions shall be binding on purchasers and claimants of instant scratch game tickets.

(III) The procedural rule-making requirements of section 24-4-103 shall not apply to the commission's duties specified in this subsection (3)(b).
C.R.S. § 44-32-802 — CO Code / Title 44 / Article 32 / Part 8 / Section 44-32-802
44-32-802. Cancellation of license
Status: in_force

44-32-802. Cancellation of license. In case of a willful violation of this article 32 by a person holding a license, the commission, upon conviction of the offender, may cancel the offender's license, and the cancellation shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the department through the division by the offender, and the action of the commission in this respect shall be final.
C.R.S. § 44-30-507 — CO Code / Title 44 / Article 30 / Part 5 / Section 44-30-507
44-30-507. Delegation of licensing duties
Status: in_force

44-30-507. Delegation of licensing duties. The commission, at its discretion, may delegate licensing duties described in this part 5 to the division.
C.R.S. § 44-30-1519 — CO Code / Title 44 / Article 30 / Part 15 / Section 44-30-1519
44-30-1519. Rejection of ballot issue - refunds - repeal
Status: repealed

44-30-1519. Rejection of ballot issue - refunds - repeal. (Repealed)
C.R.S. § 44-30-806 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-806
44-30-806. Gaming equipment - security and audit specifications
Status: in_force

44-30-806. Gaming equipment - security and audit specifications. All slot machines and all other equipment and devices used in limited gaming allowed by this article 30 shall have the features, security provisions, and audit specifications established in rules adopted by the commission.
C.R.S. § 44-20-214 — CO Code / Title 44 / Article 20 / Part 2 / Section 44-20-214
44-20-214. Repeal of part
Status: repealed

44-20-214. Repeal of part. This part 2 is repealed, effective September 1, 2027. Before its repeal, this part 2 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 44-30-1609 — CO Code / Title 44 / Article 30 / Part 16 / Section 44-30-1609
44-30-1609. Authorization to conduct fantasy contests
Status: in_force

44-30-1609. Authorization to conduct fantasy contests. (1) Fantasy contests are authorized and may be conducted by a fantasy contest operator at a licensed gaming establishment. A gaming retailer may conduct fantasy contests if the gaming retailer is licensed as a fantasy contest operator.

(2) Fantasy contests are authorized and may be conducted by a fantasy contest operator at a licensed facility at which pari-mutuel wagering, as defined in section 44-32-102 (18), may occur. An operator of a class B track, as defined in section 44-32-102 (3), may conduct fantasy contests if the operator is licensed as a fantasy contest operator.

(3) A fantasy contest conducted in compliance with this part 16 does not violate article 10 or 10.5 of title 18.
C.R.S. § 44-30-1103 — CO Code / Title 44 / Article 30 / Part 11 / Section 44-30-1103
44-30-1103. Ownership or possession of slot machines - rules
Status: in_force

44-30-1103. Ownership or possession of slot machines - rules. Notwithstanding any other laws of this state to the contrary, if a licensed slot machine manufacturer, slot machine distributor, operator, retailer, or a retail gaming license applicant complies with all of the provisions of this article 30 and the rules promulgated under this article 30, he or she may legally own, possess, or own and possess slot machines in this state; except that nothing in this section authorizes the use of slot machines for any purpose other than the purposes specifically authorized in this article 30 and the rules promulgated under this article 30. The commission shall promulgate rules concerning the conditions under which the division may authorize a retail gaming license applicant to own, possess, or own and possess slot machines in this state before obtaining a retail gaming license.
C.R.S. § 44-7-101 — CO Code / Title 44 / Article 7 / Section 44-7-101
44-7-101. Legislative declaration
Status: in_force

44-7-101. Legislative declaration. (1) The general assembly finds that:

(a) The use of cigarettes, tobacco products, or nicotine products creates dangerous risks to the health of the people of the state of Colorado;

(b) Studies have shown that most people who use cigarettes, tobacco products, or nicotine products started using them before the age of eighteen; and

(c) The costs of health care for persons suffering from diseases caused by the use of cigarettes, tobacco products, or nicotine products are borne by all people of the state of Colorado.

(2) The general assembly also recognizes that federal regulations now require states, through designated state agencies, to develop programs to reduce the use of cigarettes, tobacco products, or nicotine products by minors as demonstrated by random inspection of businesses that sell cigarettes, tobacco products, or nicotine products at retail.
C.R.S. § 44-10-1202 — CO Code / Title 44 / Article 10 / Part 12 / Section 44-10-1202
44-10-1202. Responsible vendor - designation
Status: in_force

44-10-1202. Responsible vendor - designation. (1) (a) A person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 may receive a responsible vendor designation. A program vendor shall provide a person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 a responsible vendor designation after the person, employee, manager, or controlling beneficial owner successfully completes the approved training program. A responsible vendor designation is valid for two years from the date of issuance. In order to maintain a responsible vendor designation, a person or an employee, manager, or controlling beneficial owner licensed pursuant to this article 10 shall successfully complete an approved training program every two years. If an employee or manager with a responsible vendor designation leaves the employment of a licensed medical marijuana business or retail marijuana business and is employed by another licensed medical marijuana business or retail marijuana business, the employee or manager does not have to receive a new responsible vendor designation until the employee's or manager's current responsible vendor designation expires.

(b) Successful completion of an approved training program is achieved when the person or the employee, manager, or controlling beneficial owner licensed pursuant to this article 10 satisfactorily completes the approved training program.

(c) If all controlling beneficial owners with day-to-day operational control of the licensed premises, all management personnel with responsibility for sales or the training of employees who engage in sales or other consumer interactions, and all employee licensees involved in the handling and sale of regulated marijuana of a medical marijuana business or a retail marijuana business licensed pursuant to this article 10 have a valid responsible vendor designation, the business is considered to have a responsible vendor designation. When a licensed medical marijuana business or retail marijuana business is considered to have a responsible vendor designation and it hires a new employee or manager or has a new controlling beneficial owner that meets the requirements of this subsection (1)(c), the new employee, manager, or controlling beneficial owner must have a valid responsible vendor designation or must successfully complete an approved training program within ninety days after being employed or becoming an owner in order for the medical marijuana business or retail marijuana business to maintain its responsible vendor designation. If a new employee, manager, or controlling beneficial owner has a valid responsible vendor designation upon hire or becoming an owner, the licensed medical marijuana business or retail marijuana business shall verify the designation within ninety days after employment begins.

(2) (a) A licensed medical marijuana business or retail marijuana business that is considered to have a responsible vendor designation shall maintain information on all persons licensed pursuant to this article 10 who are in its employment and who have been trained in an approved training program. The information includes the date of the training program and the approved training program provider and a list of all licensed persons attending each specific training class, which class includes a training examination or assessment that demonstrates proficiency.

(b) An employee, manager, or controlling beneficial owner with a valid responsible vendor designation shall maintain information related to the designation, including the date of the training program and the approved training program provider.

(3) If a local or state licensing authority initiates an administrative action against an employee, manager, or controlling beneficial owner who has complied with the requirements of this section and has been designated a responsible vendor or a licensed medical marijuana business or retail marijuana business that is considered to have a responsible vendor designation, the licensing authority shall consider the designation as a mitigating factor when imposing sanctions or penalties on the employee, manager, or controlling beneficial owner or licensed medical marijuana business or retail marijuana business.
C.R.S. § 44-40-111 — CO Code / Title 44 / Article 40 / Section 44-40-111
44-40-111. Lottery fund - creation - definitions
Status: repealed

44-40-111. Lottery fund - creation - definitions. (1) There is hereby created, in the office of the state treasurer, the lottery fund. The initial appropriation to the division, and all subsequent revenues of the division not earlier paid as prizes, shall be paid into the lottery fund. All expenses of the division, including the expenses of organized crime investigation and prosecution relating to the lottery, shall be paid from the lottery fund. For the purposes of this section and section 44-40-109, "expenses" do not include amounts expended for lottery prizes. Prizes for the lottery shall be paid only from the lottery fund or from money collected from the sale of lottery tickets or shares. Amounts for prizes and expenses are hereby appropriated to the division, except as provided in subsection (3) of this section.

(1.5) For the 2022-23 state fiscal year, and for each state fiscal year thereafter, the general assembly shall appropriate two hundred thousand dollars from the lottery fund to the division to cover expenses relating to the division's efforts to promote responsible gaming in the state.

(2) The division shall deposit all liquidated damages into the lottery fund, and any revenues received from liquidated damages shall not be expended by the division unless appropriated by the general assembly. The division shall not receive any goods or services in lieu of an assessment of liquidated damages, nor shall the division require a vendor to purchase goods and services in lieu of an assessment of liquidated damages.

(3) Expenses of the division shall be paid from the lottery fund only as appropriated by the general assembly.

(4) Upon request, it is the duty of the state treasurer to report to the director or the commission the amount of money on hand in the lottery fund. All accounts and expenditures from the lottery fund shall be certified by the director and paid by the state treasurer upon warrants drawn by the controller. The controller is authorized as directed to draw warrants payable out of the lottery fund upon vouchers therefor properly certified.

(5) (a) The amount to be transferred from the lottery fund to the conservation trust fund shall be forty percent of the net proceeds of the lottery for the preceding fiscal quarter after payment of the expenses of the division and any prizes for the lottery and after reserving sufficient money, as of the end of the fiscal year, to ensure the operation of the lottery for the ensuing fiscal year. The money reserved by the lottery shall be held in cash and investments. Beginning with the fourth quarter of fiscal year 1998-99, and each fiscal year thereafter, distributions of net lottery proceeds to the conservation trust fund shall be made in accordance with the provisions of section 33-60-104 (1)(a).

(b) (I) Beginning with the first quarter of fiscal year 1998-99 and each fiscal year thereafter, distributions of net lottery proceeds to the division of parks and wildlife shall be made in accordance with the provisions of section 33-60-104 (1)(b).

(II) The appropriation of money from the state lottery for capital construction shall be consistent with part 13 of article 3 of title 2 until part 13 is repealed.

(c) The lottery money available for appropriation to the division of parks and wildlife pursuant to subsection (5)(b) of this section shall be appropriated and expended for the acquisition and development of new state parks, new state recreation areas, or new recreational trails, for the expansion of existing state parks, state recreation areas, or recreational trails, or for capital improvements of both new and existing state parks, state recreation areas, or recreational trails. Except as provided in section 33-60-105, in addition to appropriation for the division's capital construction budget, said lottery money may be appropriated for the division's operating budget for expenditures attributable to the maintenance and operation of state parks, state recreation areas, or recreational trails, or any portions thereof, that have been acquired or developed with lottery money.

(d) This subsection (5) becomes effective on September 1, 1998.

(6) The state treasurer shall invest the money in the lottery fund so long as said money is timely available to pay the expenses of the division, to pay the prizes to the lottery winners, to make authorized transfers to the conservation trust fund, and to fund the annual appropriations authorized by subsection (5) of this section. Investments shall be those otherwise permitted by state law, and interest or any other return on the investments shall be paid into the lottery fund.

(7) The division shall be operated so that, after the initial state appropriation, it shall be self-sustaining.

(8) No claim for the payment of any expense of the division or the payment of any lottery prize can be made unless it is against the lottery fund or against money collected from the sale of lottery tickets or shares. No other money of the state of Colorado shall be used or obligated to pay the expenses of the division or prizes of the lottery.

(9) The total disbursements for lottery prizes shall be no less than fifty percent of the total revenue accruing from the sale of lottery tickets or shares.

(10) (a) Net lottery proceeds to be distributed to the conservation trust fund, as computed pursuant to this section, shall be transferred to the conservation trust subaccount of the lottery fund, which subaccount is hereby created, once each month. Transfers shall be made from net lottery proceeds reflected in the monthly statement for the period ending sixty days prior to each monthly distribution. The state treasurer shall invest all money in the conservation trust subaccount in investments permitted by state law. Notwithstanding subsection (6) of this section, interest or any other return on the investments of the conservation trust subaccount must be distributed to the conservation trust fund.

(b) Beginning with the first quarter of fiscal year 1998-99, distributions shall be made on a quarterly basis in accordance with the provisions of section 33-60-104, with the distribution of net lottery proceeds for the first quarter occurring on December 1 of the fiscal year, distribution of net lottery proceeds for the second quarter occurring on March 1 of the fiscal year, distribution of net lottery proceeds for the third quarter occurring on June 1 of the fiscal year, and distribution of net lottery proceeds for the fourth quarter occurring on September 1 following the close of the fiscal year.

(11) The general assembly may establish priorities in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction. The priorities shall govern the use of quarterly distributions from the lottery fund in order to assure that available revenues are used to fund higher priority projects before they are used to fund lower priority projects.

(12) (a) As used in this subsection (12), unless the context otherwise requires:

(I) "Outdoor equity fund" means the outdoor equity fund created in section 33-9-206.

(II) "Parks and outdoor recreation cash fund" means the parks and outdoor recreation cash fund created in section 33-10-111 (1).

(III) "Public school capital construction assistance fund" means the public school capital construction assistance fund created in section 22-43.7-104.

(IV) "Wildlife cash fund" means the wildlife cash fund created in section 33-1-112 (1)(a).

(b) Pursuant to subsection (10)(b) of this section, the state treasurer shall transfer money that would otherwise be allocated to the general fund pursuant to section 3 (1)(b)(III) of article XXVII of the state constitution, and as described in section 33-60-104 (1)(c), as follows:

(I) For the 2020-21 state fiscal year, to the extent available, the first seven hundred fifty thousand dollars to the outdoor equity fund; the next three million dollars to the public school capital construction assistance fund; and any remaining money as follows: Twenty-five percent to the wildlife cash fund, twenty-five percent to the parks and outdoor recreation cash fund, and fifty percent to the public school capital construction assistance fund;

(II) For the 2021-22 state fiscal year, to the extent available, the first one million five hundred thousand dollars to the outdoor equity fund; the next three million dollars to the public school capital construction assistance fund; and any remaining money as follows: Twenty-five percent to the wildlife cash fund, twenty-five percent to the parks and outdoor recreation cash fund, and fifty percent to the public school capital construction assistance fund;

(III) For the 2022-23 state fiscal year, to the extent available, the first two million two hundred fifty thousand dollars to the outdoor equity fund; the next three million dollars to the public school capital construction assistance fund; and any remaining money as follows: Twenty-five percent to the wildlife cash fund, twenty-five percent to the parks and outdoor recreation cash fund, and fifty percent to the public school capital construction assistance fund; and

(IV) For the 2023-24 state fiscal year and each state fiscal year thereafter, to the extent available, the first three million dollars to the outdoor equity fund; the next three million dollars to the public school capital construction assistance fund; and any remaining money as follows: Twenty-five percent to the wildlife cash fund, twenty-five percent to the parks and outdoor recreation cash fund, and fifty percent to the public school capital construction assistance fund.

(c) The money transferred under this subsection (12) and any income and interest derived from the deposit and investment of such money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.
C.R.S. § 44-10-701 — CO Code / Title 44 / Article 10 / Part 7 / Section 44-10-701
44-10-701. Unlawful acts - exceptions
Status: in_force

44-10-701. Unlawful acts - exceptions. (1) Except as otherwise provided in this article 10, it is unlawful for a person:

(a) Except in the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610:

(I) To consume regulated marijuana or regulated marijuana products in a licensed medical marijuana business or retail marijuana business; or

(II) For a medical marijuana business or retail marijuana business to allow regulated marijuana or regulated marijuana products to be consumed upon its licensed premises;

(b) With knowledge, to permit or fail to prevent the use of his or her medical marijuana patient registry identification by any other person for the unlawful purchasing of medical marijuana.

(2) It is unlawful for a person to:

(a) Buy, sell, transfer, give away, or acquire regulated marijuana or regulated marijuana products except as allowed pursuant to this article 10 or section 14 or section 16 of article XVIII of the state constitution;

(b) Have a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license pursuant to this article 10 that was not disclosed in accordance with section 44-10-309; except that this subsection (2)(b) does not apply to banks or savings and loan associations supervised and regulated by an agency of the state or federal government, or to FHA-approved mortgagees, or to stockholders, directors, or officers thereof;

(c) Exercise any privilege of a license issued pursuant to this article 10 that the person does not hold;

(d) Exercise any privilege associated with holding a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license that was not disclosed in accordance with section 44-10-309; or

(e) Engage in transfer of ownership without prior approval as required by this article 10, including but not limited to:

(I) A proposed transferee operating a medical marijuana business or retail marijuana business before a transfer of ownership request for that business is approved in writing by the state licensing authority; or

(II) A current controlling beneficial owner, passive beneficial owner, or proposed transferor failing to retain full responsibility for a medical marijuana business or retail marijuana business identified in the transfer of ownership application until the transfer request is approved in writing by the state licensing authority.

(3) It is unlawful for a person licensed pursuant to this article 10:

(a) To fail to report a transfer required by section 44-10-313 (11);

(b) To knowingly adulterate or alter, or to attempt to adulterate or alter, any samples of regulated marijuana or regulated marijuana products for the purpose of circumventing contaminant testing detection limits or potency testing requirements;

(c) To use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors;

(d) To provide public premises, or any portion thereof, for the purpose of consumption of regulated marijuana in any form, except in the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610;

(e) To have in possession or upon the licensed premises any regulated marijuana, the sale of which is not permitted by the license, except if it is for purposes of recycling;

(f) To have on the licensed premises any regulated marijuana or marijuana paraphernalia that shows evidence of the regulated marijuana having been consumed or partially consumed, except:

(I) If it is for purposes of recycling; or

(II) In the licensed premises of a marijuana hospitality business licensed pursuant to section 44-10-609 or a retail marijuana hospitality and sales business licensed pursuant to section 44-10-610;

(g) To violate the provisions of section 6-2-103 or 6-2-105;

(h) To abandon a licensed premises or otherwise cease operation without notifying the state and local licensing authorities at least forty-eight hours in advance and without accounting for and forfeiting to the state licensing authority for destruction all regulated marijuana or regulated marijuana products;

(i) To offer for sale or solicit an order for regulated marijuana in person except within the licensed premises;

(j) To buy regulated marijuana from a person not licensed to sell as provided by this article 10;

(k) To sell regulated marijuana except in the permanent location specifically designated in the license for sale; or

(l) To burn or otherwise destroy regulated marijuana or any substance containing regulated marijuana for the purpose of evading an investigation or preventing seizure.

(4) It is unlawful for any person licensed to sell medical marijuana pursuant to this article 10:

(a) (I) To sell medical marijuana to a person not licensed pursuant to this article 10 or to a person not able to produce a valid patient registry identification card, unless the person has a copy of a current and complete new application for the medical marijuana registry administered by the department of public health and environment that is documented by a certified mail return receipt as having been submitted to the department of public health and environment within the preceding thirty-five days and the employee assisting the person has contacted the department of public health and environment and, as a result, determined the person's application has not been denied. Notwithstanding any provision in this subsection (4)(a)(I) to the contrary, a person under twenty-one years of age shall not be employed to sell or dispense medical marijuana at a medical marijuana store or grow or cultivate medical marijuana at a medical marijuana cultivation facility.

(II) If a licensee or a licensee's employee has reasonable cause to believe that a person is exhibiting a fraudulent patient registry identification card in an attempt to obtain medical marijuana, the licensee or employee is authorized to confiscate the fraudulent patient registry identification card, if possible, and shall, within seventy-two hours after the confiscation, turn it over to the state health department or local law enforcement agency. The failure to confiscate the fraudulent patient registry identification card or to turn it over to the state health department or a state or local law enforcement agency within seventy-two hours after the confiscation does not constitute a criminal offense.

(b) To require a medical marijuana store or medical marijuana store with a medical marijuana cultivation facility license to make delivery to any premises other than the specific licensed premises where the medical marijuana is to be sold.

(5) It is unlawful for any person licensed to sell retail marijuana or retail marijuana products pursuant to this article 10:

(a) To sell or permit the sale of retail marijuana or retail marijuana products to a person under twenty-one years of age; or

(b) To distribute marijuana or marijuana products, with or without remuneration, directly to another person using a mobile distribution store.

(6) It shall be unlawful for a physician who makes patient referrals to a licensed medical marijuana store to receive anything of value from the medical marijuana store licensee or its agents, servants, officers, or owners or anyone financially interested in the licensee, and it shall be unlawful for a licensee licensed pursuant to this article 10 to offer anything of value to a physician for making patient referrals to the licensed medical marijuana store.

(7) A peace officer or a law enforcement agency shall not use any patient information to make traffic stops pursuant to section 42-4-1302.

(8) (a) It is unlawful for a person to engage in any act or omission with the intent to evade disclosure, reporting, record keeping, or suitability requirements pursuant to this article 10, including but not limited to the following:

(I) Failing to file a report required under this article 10 or causing or attempting to cause a person to fail to file such a report;

(II) Filing or causing or attempting to cause a person to file a report required under this article 10 that contains a material omission or misstatement of fact;

(III) Making false or misleading statements regarding the offering of an owner's interest in a medical marijuana business or retail marijuana business; or

(IV) Structuring any transaction with the intent to evade disclosure, reporting, record keeping, or suitability requirements pursuant to this article 10.

(b) The state licensing authority may deny, suspend, revoke, fine, or impose other sanctions against a person's license issued under this article 10 if the state licensing authority finds a violation of this subsection (8) by the person, the person's controlling beneficial owner, passive beneficial owner, indirect financial interest holder, or any agent or employee thereof.

(9) A person who commits any acts that are unlawful pursuant to this article 10 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. For violations that would also constitute a violation of title 18, the violation shall be charged and prosecuted pursuant to title 18.
C.R.S. § 44-20-303 — CO Code / Title 44 / Article 20 / Part 3 / Section 44-20-303
44-20-303. Penalties
Status: in_force

44-20-303. Penalties. Any person, firm, partnership, or corporation who violates any of the provisions of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than seventy-five dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or the court, in its discretion, may suspend or revoke the Colorado motor vehicle dealer's license issued under the provisions of part 1 of this article 20, or by such fine and imprisonment and suspension or revocation.
C.R.S. § 44-30-832 — CO Code / Title 44 / Article 30 / Part 8 / Section 44-30-832
44-30-832. Agreements, contracts, leases - void and unenforceable
Status: in_force

44-30-832. Agreements, contracts, leases - void and unenforceable. All agreements, contracts, leases, or arrangements in violation of this article 30, or the rules promulgated pursuant to this article 30, are void and unenforceable.
C.R.S. § 44-20-408 — CO Code / Title 44 / Article 20 / Part 4 / Section 44-20-408
44-20-408. Classes of licenses
Status: in_force

44-20-408. Classes of licenses. (1) The following classes of licenses are issued under this part 4:

(a) A powersports vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering new and used powersports vehicles, which license shall not permit more than two persons named therein as owners of the business of the licensee to act as powersports vehicle salespersons.

(b) A used powersports vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering used powersports vehicles only. The license shall also permit a licensee to negotiate for a consumer the sale, exchange, or lease of used and new powersports vehicles not owned by the licensee. Prior to completion of a sale, exchange, or lease of a powersports vehicle not owned by the licensee, the licensee shall disclose in writing to the consumer whether the licensee will receive compensation from the consumer or the owner of the powersports vehicle as a result of the transaction. If the licensee receives compensation from the owner of the powersports vehicle as a result of the transaction, the licensee shall include in the written disclosure the name of the owner from whom the licensee will receive compensation. This license shall not permit more than two persons named therein who shall be owners of the business of the licensee to act as powersports vehicle salespersons.

(c) A powersports vehicle salesperson's license permits the licensee to engage in the activities of a powersports vehicle salesperson while employed by a licensed powersports vehicle dealer or used powersports vehicle dealer.

(d) A powersports vehicle manufacturer's or distributor's license shall permit the licensee to engage in the activities of a powersports manufacturer or distributor.

(e) A powersports vehicle manufacturer representative's license shall permit the licensee to engage in the activities of a powersports vehicle manufacturer representative.

(f) A wholesaler's license permits the licensee to engage in the activities of a wholesaler, but does not permit more than two individuals, who must be named in the license and who must be owners or part owners of the business of the licensee, to perform the activities of a wholesaler.

(2) (a) A person who is licensed as a motor vehicle salesperson pursuant to part 1 of this article 20 shall be deemed to be licensed as a powersports vehicle salesperson under this part 4.

(b) A person who is licensed as a motor vehicle manufacturer or distributor pursuant to part 1 of this article 20 shall be deemed to be licensed as a powersports vehicle manufacturer or distributor under this part 4.

(c) A person who is licensed as a motor vehicle manufacturer pursuant to part 1 of this article 20 shall be deemed to be licensed as a powersports vehicle manufacturer under this part 4.
C.R.S. § 44-3-407 — CO Code / Title 44 / Article 3 / Part 4 / Section 44-3-407
44-3-407. Wholesaler's license - discrimination in wholesale sales prohibited - rules
Status: in_force

44-3-407. Wholesaler's license - discrimination in wholesale sales prohibited - rules. (1) (a) A wholesaler's liquor license shall be issued to persons selling vinous or spirituous liquors at wholesale for the following purposes only:

(I) To maintain and operate one or more warehouses in this state to handle vinous or spirituous liquors;

(II) To take orders for vinous and spirituous liquors at any place and deliver vinous and spirituous liquors on orders previously taken to any place if the licensee has procured a wholesaler's liquor license and the place where orders are taken and delivered is a place regularly licensed pursuant to the provisions of this article 3;

(III) To package vinous and spirituous liquors that a licensed importer has legally transported into Colorado or that a licensed manufacturer has legally produced in Colorado.

(b) (I) A wholesaler's beer license shall be issued to persons that sell malt liquors at wholesale to retailers licensed under this article 3 or article 4 of this title 44 and that designate to the state licensing authority on their application the territory within which the licensee may sell the designated products of any brewer as agreed upon by the licensee and the brewer of the products for the following purposes only:

(A) To maintain and operate warehouses and one sales room in this state to handle malt liquors to be denominated a wholesale beer store;

(B) To take orders for malt liquors at any place within the territory designated on the license application and deliver malt liquors on orders previously taken to any place within the designated geographical territory, if the licensee has procured a wholesaler's beer license and the place where orders are taken and delivered is a place regularly licensed to sell at retail for consumption on or off the licensed premises pursuant to this article 3 or article 4 of this title 44.

(II) (A) Prior to operating a sales room as authorized by this subsection (1)(b), a wholesaler's beer licensee that is licensed pursuant to this section shall, at the time of application to the state licensing authority, send a copy of the application or supplemental application for a sales room to the local licensing authority in the jurisdiction in which the sales room is proposed. The local licensing authority may submit a response to the application, including its determination specified in subsection (1)(b)(II)(B) of this section, to the state licensing authority but must submit its response within forty-five days after the wholesaler's beer licensee submits its sales room application to the state licensing authority. If the local licensing authority does not submit a response to the state licensing authority within forty-five days after submission of the sales room application, the state licensing authority shall deem that the local licensing authority has determined that the proposed sales room will not impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances or that the applicant will sufficiently mitigate any impacts identified by the local licensing authority.

(B) The state licensing authority must consider the response from the local licensing authority, if any, and may deny the proposed sales room application if the local licensing authority determines that approval of the proposed sales room will impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances, which may be determined by the local licensing authority without requiring a public hearing, or that the applicant cannot sufficiently mitigate any potential impacts identified by the local licensing authority.

(C) A wholesaler's beer licensee that is operating a sales room as of August 5, 2015, or that is granted approval pursuant to this subsection (1)(b)(II) to operate a sales room on or after August 5, 2015, shall notify the state licensing authority of its sales room. The state licensing authority shall maintain a list of all wholesaler's beer licensee sales rooms in the state and make the list available on its website.

(D) The local licensing authority may request that the state licensing authority take action in accordance with section 44-3-601 against a wholesaler's beer licensee approved to operate a sales room if the local licensing authority demonstrates to the state licensing authority that the licensee has engaged in an unlawful act as set forth in part 9 of this article 3 or shows good cause as specified in section 44-3-103 (19)(a), (19)(b), or (19)(d).

(E) This subsection (1)(b)(II) does not apply if the wholesaler's beer licensee does not sell and serve malt liquors for consumption on the licensed premises.

(c) Each license shall be separate and distinct, but any person may secure both licenses upon the payment in advance of both fees provided in this article 3.

(d) All malt, vinous, and spirituous liquors purchased by any licensee under this section, and all malt, vinous, and spirituous liquors shipped into this state by or to any such licensee, shall be placed in the physical possession of the licensee at the licensee's warehouse facilities prior to delivery to persons holding licenses pursuant to this article 3 or article 4 of this title 44.

(e) (I) A brewer or importer licensed pursuant to this article 3 shall not sell malt liquors to a wholesaler without having a written contract with the wholesaler that designates the specific products of such brewer or importer to be sold by the wholesaler and that establishes the territory within which the wholesaler may sell the designated products.

(II) A brewer or importer shall not contract with more than one wholesaler to sell the products of such brewer or importer within the same territory.

(f) Notwithstanding any provision of this article 3 to the contrary, a wholesaler licensed pursuant to subsection (1)(a) of this section may establish a program for its employees to purchase directly from the wholesaler vinous or spirituous liquors sold by that wholesaler.

(1.5) (a) A licensed wholesaler may hold trade show events to allow retailers to sample products on the wholesaler's licensed premises in an area designated for trade show events. A wholesaler shall not open trade show events to the general public.

(b) (I) Except as provided in subsection (1.5)(b)(II) of this section, a wholesaler may hold a trade show event on the wholesaler's licensed premises.

(II) A wholesaler shall not hold a trade show event in:

(A) The docking, delivery, or warehouse storage areas of the licensed premises, unless the warehouse is a designated area for a trade show event or is isolated and excluded from ongoing business activity; or

(B) A sales room during any time when the sales room is open to the general public.

(c) The state licensing authority may promulgate rules implementing this subsection (1.5).

(2) It is unlawful for any licensed wholesaler or any person, partnership, association, organization, or corporation interested financially in or with a licensed wholesaler to be interested financially, directly or indirectly, in the business of any person licensed to sell at retail pursuant to this article 3 or article 4 of this title 44.

(3) It is unlawful for a licensed wholesaler of vinous or spirituous liquors or any person, partnership, association, organization, or corporation interested financially in or with such a wholesaler to be interested financially in the business of any licensed manufacturer of vinous or spirituous liquors; except that any such financial interest that occurred on or before July 1, 1969, is lawful.

(4) (a) A wholesaler shall make available to all retailers licensed pursuant to this article 3 and article 4 of this title 44 in this state without discrimination all malt, vinous, and spirituous liquors offered by the wholesaler for sale at wholesale. A wholesaler shall use its best efforts to make available to licensed retailers each brand of alcohol beverage that the wholesaler has been authorized to distribute.

(b) Nothing in this section prohibits a wholesaler from establishing reasonable allocation procedures when the anticipated demand for a product is greater than the supply of the product.
C.R.S. § 44-30-702.5 — CO Code / Title 44 / Article 30 / Part 7 / Section 44-30-702.5
44-30-702.5. Supplemental payments - definition - working group - analysis of revenue attribu
Status: repealed

44-30-702.5. Supplemental payments - definition - working group - analysis of revenue attribution - report - repeal. (Repealed)
C.R.S. § 44-40-116 — CO Code / Title 44 / Article 40 / Section 44-40-116
44-40-116. Unlawful acts
Status: in_force

44-40-116. Unlawful acts. (1) It is unlawful for any person:

(a) To sell a lottery ticket or share at a price greater than or less than that fixed by the commission; however, a lottery ticket or share that is offered at no additional charge in conjunction with the sale of a product or service shall not be deemed to violate this section unless the offer is made to a person under eighteen years of age;

(b) To sell a lottery ticket or share unless authorized or licensed by the director to do so, but this shall not prevent lottery tickets or shares from being given as gifts;

(c) To sell a lottery ticket or share to any person under eighteen years of age or for any person under eighteen years of age to purchase a lottery ticket or share, but this shall not prevent receipt of a lottery ticket or share given as a gift to a person under eighteen years of age;

(d) To sell a lottery ticket or share at any place other than that place authorized and specified on the license.
C.R.S. § 44-32-702 — CO Code / Title 44 / Article 32 / Part 7 / Section 44-32-702
44-32-702. Unlawful to wager - exception - excess - taxes - special provisions for simulcas
Status: repealed

44-32-702. Unlawful to wager - exception - excess - taxes - special provisions for simulcast races - rules. (1) (a) It is unlawful to conduct pool selling or bookmaking, or to circulate handbooks, or to bet or wager on any race meet licensed under the provisions of this article 32 other than by the pari-mutuel method.

(b) (I) Except as otherwise provided in subsection (4) of this section, it is unlawful for a racing or simulcast facility licensee for the racing of horses to take more than the percentage of the gross receipts authorized by the commission pursuant to subsection (1)(b)(II) of this section of any pari-mutuel wagering on the races or simulcast races.

(II) The commission may annually determine the authorized take-out under subsection (1)(b)(I) of this section by rule, but the take-out shall not exceed thirty percent of the gross receipts of any pari-mutuel wagering on races originating within Colorado.

(c) Each licensee for the racing of horses shall pay as purses for the races in any horse race meet conducted at its in-state host track fifty percent of the breakage attributable thereto, and fifty percent of the track's commission. For purposes of this subsection (1)(c), "track's commission" means the maximum allowable percentage that may be taken, pursuant to subsection (1)(b) of this section, by a licensee for the racing of horses from the gross receipts from all pari-mutuel wagering placed on the races at the in-state host track, after deduction of the amounts specified in sections 44-32-701 (2)(a) and (2)(b) and 44-32-705 (2).

(d) For each horse race meet it conducts, a licensee shall file with its license application with the commission an agreement between the licensee and the organization that represents the majority of the owners of horses participating at the race meet. The agreement shall specify the purse structure that shall apply to the races conducted at the horse race meet, including minimum purses per race and any conditions relating to overpayments or underpayments.

(e) (I) Each operator of an in-state simulcast facility that receives simulcast races of horses from either an in-state host track or an out-of-state host track shall pay to purse funds for the racing of horses and to the in-state or out-of-state tracks and simulcast facilities described in the simulcast agreement filed with the commission, the percentages of the gross pari-mutuel wagering on the simulcast races, after deduction of a signal fee required by an out-of-state host track or an in-state host track, paid during the current year or a previous year, and the applicable amounts specified in subsection (2)(b) of this section and in sections 44-32-701 (2) and 44-32-705 (2), as specified in the simulcast agreement.

(II) To defray operating expenses, the operator of a simulcast facility located at a class B track may retain up to twenty percent of the net purses earned and payable to the horse purse fund as provided in subsection (1)(e)(I) of this section.

(f) A licensee or operator shall retain horse purse funds, including funds established in section 44-32-705, payable by the licensee or operator under this section in a trust account in a commercial bank located in Colorado until the purse funds are paid to the horse owners or to the host track for payment to the horse owners; except that:

(I) The money deposited in any such trust account shall be invested in a fund that invests in obligations of the United States government with maturities of less than one year or that is an account insured in full by an agency of the federal government; and

(II) Money credited to a horse purse trust account from the source market fee in accordance with section 44-32-202 (3)(h)(II) shall be paid as authorized by the director as purses for races held at live race meets in Colorado or as otherwise authorized by rules of the commission.

(g) Except as otherwise provided in subsection (4) of this section:

(I) It is unlawful for any licensee to compute breaks in the pari-mutuel system in excess of ten cents; and

(II) If, during any race meet conducted under this article 32, there are underpayments of the amount actually due to the wagerers, the amount of the excess of the underpayments over and above overpayments to wagerers, at the expiration of thirty days from the end of the meet, shall revert and belong to the state of Colorado and be paid to the department through the division and become a part of its funds, and it shall not be retained by the licensee under whose license the race meet was held.

(h) (I) Fifty percent of the breakage at any horse race meet shall be retained by the licensee under whose license the horse race meet was held and the remainder shall be paid as purses for the races conducted at the race meet.

(II) Repealed.

(III) Except as otherwise provided in subsection (1)(h)(IV) or (4) of this section, the breakage on any simulcast race of horses received by an in-state simulcast facility shall be retained by the operator of the in-state simulcast facility.

(IV) In the case of simulcast races of horses received from an in-state host track, fifty percent of the breakage shall be paid to the licensee of the in-state host track within sixty days after the end of the race meet from which the simulcast race was broadcast and the remainder shall be paid as purses for the races conducted at the in-state host track.

(i) Repealed.

(2) (a) In the event the federal government or any federal governmental agency imposes a levy on the licensee by a tax on the money so wagered and upon and against its receipts, the licensee may collect, in addition to the percentage and breaks allowed in this section, the amount of the tax so levied.

(b) The tax and breaks and license fee provided for in this article 32 shall be in lieu of all other license fees and privilege taxes or charges by the state of Colorado or any county, city, town, or other municipality or taxing body for the privilege of conducting any race meet provided for in this article 32 and licensed by the authority of this article 32; except that any county, city, town, or other municipality or taxing body that imposed any fee, tax, or charge prior to July 1, 1982, on the money so wagered, or upon and against the licensee's receipts, or for the privilege of conducting any race meet provided for and licensed by authority of this article 32 shall have the authority to amend, repeal and reenact, or repeal any such fee, tax, or charge and impose a new or different fee or tax on the money so wagered, or upon and against the licensee's receipts, or for the privilege of conducting any race meet provided for and licensed by authority of this article 32, and no provision of this article 32 shall affect the authority of the county, city, town, or other municipality or taxing body with respect to such fees or taxes unless the provision specifically refers to this subsection (2)(b). Notwithstanding subsection (1) of this section, it is lawful for the licensee to take such fee or tax from the gross receipts on pari-mutuel wagering; and in such cases the licensee shall pay the fee or tax directly to the county, city, town, or other municipality or taxing body.

(3) Unless expressly authorized by this article 32, no person may act for consideration as an agent or courier for another person for the purpose of placing wagers or cashing or redeeming winning pari-mutuel tickets. In addition to the remedies otherwise provided for violations of this article 32, the commission may petition any court of competent jurisdiction for an order enjoining a violation of this subsection (3).

(4) Pursuant to a valid simulcasting agreement, an operator of an in-state simulcast facility that receives simulcast signals of horse races held in another state may:

(a) Take the percentage of the gross receipts of any pari-mutuel wagering on the simulcast races as is allowable under the laws and rules of the other state; and

(b) Adopt the procedures for computation and distribution of breakage as are allowable under the laws and rules of the other state.
C.R.S. § 44-10-101 — CO Code / Title 44 / Article 10 / Part 1 / Section 44-10-101
44-10-101. Short title
Status: in_force

44-10-101. Short title. The short title of this article 10 is the "Colorado Marijuana Code".
C.R.S. § 44-10-606 — CO Code / Title 44 / Article 10 / Part 6 / Section 44-10-606
44-10-606. Retail marijuana business operator license
Status: in_force

44-10-606. Retail marijuana business operator license. A retail marijuana business operator license may be issued to a person who operates a retail marijuana business licensed pursuant to this article 10, for an owner licensed pursuant to this article 10, and who may receive a portion of the profits as compensation.
C.R.S. § 44-20-116 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-116
44-20-116. Testing licensees
Status: in_force

44-20-116. Testing licensees. Persons applying for a motor vehicle dealer's, used motor vehicle dealer's, wholesaler's, wholesale motor vehicle auction dealer's, or motor vehicle salesperson's license under this part 1 shall be examined for their knowledge of the motor vehicle laws of the state of Colorado and the rules promulgated pursuant to this part 1. If the applicant is a corporation, the managing officer shall take the examination, and, if the applicant is a partnership, all the general partners shall take the examination. No license shall be issued except upon successful passing of the examination. The board shall implement by January 1, 2008, a psychometrically valid and reliable salesperson examination that measures the minimum level of competence necessary to practice. This section shall not apply to a powersports vehicle dealer, used powersports vehicle dealer, or powersports salesperson licensed pursuant to part 4 of this article 20.
C.R.S. § 44-31-101 — CO Code / Title 44 / Article 31 / Section 44-31-101
44-31-101. Tribal-state gaming compact
Status: in_force

44-31-101. Tribal-state gaming compact. In accordance with federal Indian gaming regulations in 25 U.S.C. sec. 2710 (d)(3)(C), any Indian tribe having jurisdiction over the Indian lands upon which class III gaming activity is being conducted or is to be conducted shall request the governor of Colorado on behalf of this state to enter into negotiations for the purpose of entering into a tribal-state compact governing the conduct of gaming activities. Upon receiving a request, the governor shall negotiate, after consultation with the Colorado limited gaming control commission created in section 44-30-301, with the Indian tribe in good faith to enter a compact.
C.R.S. § 44-32-510 — CO Code / Title 44 / Article 32 / Part 5 / Section 44-32-510
44-32-510. Liability insurance - bond for race meets
Status: in_force

44-32-510. Liability insurance - bond for race meets. (1) For the protection of the public and the exhibitors, contestants, and visitors, every person licensed to conduct a race meet under the provisions of this article 32 shall carry public liability insurance in the form of a contract and with a company to be approved by the commission.

(2) An organization representing the majority of the owners of racing animals participating in any race meet may require the licensee conducting the race meet to provide and deliver to the commission evidence of a bond signed by a surety company authorized to do business in this state, in an amount sufficient to cover all awards and purses due to the contestants at the race meet and conditioned that the licensee will pay and discharge all obligations to the contestants in connection with the race meet.
C.R.S. § 44-20-129 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-129
44-20-129. Fines - disposition - unlicensed sales
Status: in_force

44-20-129. Fines - disposition - unlicensed sales. Of any fine collected for a violation of section 44-20-124 (2), half shall be awarded to the law enforcement agency that investigated and issued the citation for the violation and half shall be credited to the auto dealers license fund created in section 44-20-133.
C.R.S. § 44-3-306 — CO Code / Title 44 / Article 3 / Part 3 / Section 44-3-306
44-3-306. Inactive licenses
Status: in_force

44-3-306. Inactive licenses. The state or local licensing authority, in its discretion, may revoke or elect not to renew a retail license if it determines that the licensed premises has been inactive, without good cause, for at least one year or, in the case of a retail license approved for a facility that has not been constructed, the facility has not been constructed and placed in operation within two years after approval of the license application or construction of the facility has not commenced within one year after the approval.
C.R.S. § 44-10-1301 — CO Code / Title 44 / Article 10 / Part 13 / Section 44-10-1301
44-10-1301. Severability
Status: in_force

44-10-1301. Severability. If any provision of this article 10 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article 10 are valid, unless it appears to the court that the valid provisions of the statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the legislature would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
C.R.S. § 44-20-141.5 — CO Code / Title 44 / Article 20 / Part 1 / Section 44-20-141.5
44-20-141.5. Fulfillment and compensation for warranty and recall obligations - definitions
Status: in_force

44-20-141.5. Fulfillment and compensation for warranty and recall obligations - definitions. (1) As used in this section:

(a) "Manufacturer" includes a manufacturer, a distributor, and a manufacturer representative.

(b) "Nonwarranty repair" means a diagnosis, repair, labor, or part for which payment was made by a person other than a manufacturer and that was not a warranty obligation. "Nonwarranty repair" also means customer-pay repairs, labor, or parts.

(c) "Part" means an accessory, a part, or a component used to repair a motor vehicle. "Part" includes engine and transmission parts and all motor vehicle assemblies.

(d) "Repair" means diagnosing, work, and labor performed by a motor vehicle dealer for which the motor vehicle dealer is making a claim for compensation.

(e) "Retail labor rate" means the rate for labor calculated by the motor vehicle dealer in accordance with subsection (4) of this section that a manufacturer is required to pay a motor vehicle dealer in accordance with subsection (2) of this section.

(f) "Retail parts markup percentage" means the percentage markup on parts calculated by the motor vehicle dealer in accordance with subsection (4) of this section that a manufacturer is required to pay a motor vehicle dealer in accordance with subsection (2) of this section.

(g) "Warranty obligation" means diagnosing and repairing a motor vehicle in accordance with any warranty, recall, or certified preowned warranty, under which a manufacturer makes a repair commitment to a consumer or motor vehicle dealer.

(2) At a motor vehicle dealer's request, a manufacturer shall timely compensate the motor vehicle dealer at the retail labor rate and the retail parts markup percentage in accordance with this section for all labor performed and parts used by the motor vehicle dealer for covered repairs performed in accordance with the warranty obligation.

(3) (a) A motor vehicle dealer may establish the retail labor rate and the retail parts markup percentage by submitting to the manufacturer either of the following as decided by the motor vehicle dealer:

(I) One hundred sequential repair orders containing nonwarranty repairs, which may include a nonwarranty repair that is included in a repair order with a warranty obligation repair, that have been paid by a consumer and closed by the time of submission; or

(II) All repair orders for nonwarranty repairs, which may include a nonwarranty repair that is included in a repair order with a warranty obligation repair, that have been paid by a consumer and closed by the time of submission for a period of ninety consecutive days.

(b) A manufacturer shall not disqualify a repair order under this subsection (3) because the repair order contains both warranty and nonwarranty repairs, but only nonwarranty repairs are used in the calculation of the retail labor rate and the retail parts markup percentage.

(c) A motor vehicle dealer may submit one set of repair orders for the purpose of calculating both its retail labor rate and the retail parts markup percentage or may submit separate sets of repair orders for purposes of calculating only its retail labor rate or for purposes of calculating only its retail parts markup percentage. If the rates from the calculation are ten percent higher or lower than the current rates, the manufacturer may request additional repair orders for the ninety days before or after the submitted repair orders for purposes of alteration.

(d) Except with regard to a request for additional repair orders as provided in subsection (3)(c) of this section, the repair orders submitted under this subsection (3) to determine the retail labor rate must contain only repair orders from the last ninety days before the date the submission is sent to the manufacturer.

(e) Except with regard to a request for additional repair orders as provided in subsection (3)(c) of this section, the repair orders submitted under this subsection (3) to determine the retail parts markup percentage must contain only repair orders from the last ninety days before the date the submission is sent to the manufacturer.

(4) (a) Except as provided in subsection (4)(c) of this section, to calculate the retail labor rate, the motor vehicle dealer must divide the motor vehicle dealer's total nonwarranty labor sales generated from the nonwarranty repairs submitted under subsection (3) of this section by the total number of labor hours that generated those total labor sales.

(b) Except as provided in subsection (4)(c) of this section, to calculate the retail parts markup percentage, the motor vehicle dealer must divide the motor vehicle dealer's total parts sales generated from nonwarranty repairs submitted under subsection (3) of this section by the amount of the motor vehicle dealer's total cost for those parts, subtracting one from this amount, and then multiplying the amount by one hundred.

(c) The calculation of the retail labor rate in subsection (4)(a) of this section and of the retail parts markup percentage in subsection (4)(b) of this section do not include parts used or labor performed:

(I) For manufacturer or motor vehicle dealer special events, one-time specials, express service, and quoted-price promotional discounts, but this exclusion from the calculation does not include broadly applicable discounts offered by the dealer, such as percentage-off coupons, that apply to repairs and parts;

(II) For parts sold at wholesale;

(III) For routine maintenance, including replacement fluids, filters, batteries, bulbs, nuts, bolts, fasteners, tires, and belts;

(IV) That do not have individual part numbers;

(V) For the repairs of a motor vehicle owned by the motor vehicle dealer, an affiliate of the motor vehicle dealer, or an employee of either the motor vehicle dealer or the affiliate;

(VI) For motor vehicle dealer reconditioning;

(VII) For window tint, protective film, masking products, or window replacement labor;

(VIII) For manufacturer-approved and -reimbursed goodwill repairs or replacements;

(IX) For emission inspections required by law;

(X) For safety inspections required by law;

(XI) For which a volume discount was negotiated with a third-party payer, including government agencies, insurance carriers, and fleet operators, but not including third-party warranty companies or service contract companies.

(5) (a) Notwithstanding any manufacturer requirement, policy, procedure, guideline, or standard, a motor vehicle dealer may submit to the manufacturer the retail labor rate or retail parts markup percentage as each is calculated in accordance with subsection (4) of this section.

(b) A motor vehicle dealer may request in writing, not more often than once annually, an increase in compensation for labor at the retail labor rate for warranty obligations.

(c) A motor vehicle dealer may request in writing, not more often than once annually, an increase in compensation for parts at the retail parts markup percentage for warranty obligations.

(d) (I) A manufacturer may conduct a periodic review of a motor vehicle dealer's service records to verify the continuing accuracy of the retail labor rate or retail parts markup percentage proposed by or in effect for the dealer.

(II) A manufacturer shall not conduct a periodic review more than once per calendar year. This periodic review is not an audit in accordance with section 44-20-135.

(6) (a) (I) If the submitted calculation of the retail labor rate or retail parts markup percentage is deemed materially inaccurate, a manufacturer may contest the motor vehicle dealer's submitted calculations of the retail labor rate or retail parts markup percentage by delivering a notice to the motor vehicle dealer within forty-five days after receiving the submission in accordance with subsection (3) of this section from the motor vehicle dealer. To comply with this subsection (6), the notice must:

(A) Include an explanation of the reasons why the manufacturer believes the calculation is materially inaccurate;

(B) Provide evidence substantiating the manufacturer's position; and

(C) Propose an adjustment of the contested retail labor rate or retail parts markup percentage.

(II) Upon the discovery of new relevant information by the manufacturer, the manufacturer may modify the reasons for contesting the retail labor rate or retail parts markup percentage after delivering the notice to the motor vehicle dealer under this subsection (6), but the modification does not change the timing requirements in this section.

(b) If the manufacturer does not timely contest the motor vehicle dealer's calculation of the retail labor rate or retail parts markup percentage in accordance with this subsection (6), the uncontested retail labor rate or retail parts markup percentage becomes effective forty-five days after the manufacturer has received the submission from the motor vehicle dealer, and thereafter, the manufacturer shall use the motor vehicle dealer's increased retail labor rate and retail parts markup percentage in calculating compensation for warranty obligations until a subsequent calculation of the motor vehicle dealer's retail labor rate or retail parts markup percentage is established in accordance with this section.

(c) (I) If the manufacturer timely contests the motor vehicle dealer's calculation of the retail labor rate or retail parts markup percentage and the manufacturer and motor vehicle dealer are unable to resolve the disagreement, the motor vehicle dealer may seek a determination by filing a complaint with a court of competent jurisdiction or the executive director no later than sixty days after the new motor vehicle dealer receives the manufacturer's challenge to the determined retail labor rate or retail parts markup percentage.

(II) In a court proceeding, the court shall determine, in accordance with this section, the proper retail labor rate or retail parts markup percentage.

(III) Any retail labor rate or retail parts markup percentage established through the proceeding applies retroactively to calculate reimbursement for any labor and part beginning thirty days after the manufacturer received the submission required by subsection (3) of this section.

(IV) If the manufacturer contests the motor vehicle dealer's calculation of the retail labor rate or retail parts markup percentage, the manufacturer shall continue to reimburse the motor vehicle dealer for warranty obligation repairs at the retail labor rate and retail parts markup percentage as both existed before the motor vehicle dealer submitted a request for an increase under subsection (5) of this section. When the manufacturer and motor vehicle dealer agree on the retail labor rate or retail parts markup percentage, the manufacturer shall pay any difference between the amount the manufacturer compensated the dealer and the amount agreed to by the motor vehicle dealer and manufacturer as of thirty days after the manufacturer received the submission required by subsection (3) of this section.

(d) In the court proceeding, the court shall award the prevailing party reasonable attorney fees and costs. If the motor vehicle dealer prevails, the court shall award as damages the full amount of reimbursement that should have been paid to the motor vehicle dealer.

(7) When calculating the retail labor rate and the retail parts markup percentage, the manufacturer:

(a) Shall not establish an unreasonable flat-rate time, nor establish unreasonable flat-rate labor times for new line-makes that are inconsistent with the existing rates;

(b) Shall, if the manufacturer furnishes a part to a motor vehicle dealer at no cost for use in performing a repair under a warranty obligation, compensate the motor vehicle dealer for the authorized repair part by paying the dealer an amount equal to the retail parts markup percentage multiplied by the cost the dealer would have paid for the authorized part as listed in the manufacturer's price schedule;

(c) Shall not establish a different part number for repairs made in accordance with a warranty obligation than the part number established for nonwarranty repairs solely to provide a lower compensation to a motor vehicle dealer;

(d) Shall not recover or attempt to recover, directly or indirectly, in whole or in part, any of its costs from the motor vehicle dealer for compensating the motor vehicle dealer under this section;

(e) Shall not, directly or indirectly, in whole or in part, assess penalties or surcharges to the motor vehicle dealer, limit allocation of motor vehicles or parts to the motor vehicle dealer, or take any adverse action based on the motor vehicle dealer's exercise of the dealer's rights under this section;

(f) Shall not require from a motor vehicle dealer any information that is unduly burdensome or time consuming to obtain, including any part-by-part or transaction-by-transaction calculations.

(8) Nothing in this section prohibits a manufacturer from increasing the price of a motor vehicle or motor vehicle part in the normal course of business.

(9) This section does not apply to any of the following that are involved in the manufacturing of or selling of recreational vehicles:

(a) A motor vehicle dealer;

(b) A manufacturer or component manufacturer;

(c) A distributor; or

(d) A manufacturer representative.
C.R.S. § 44-30-1606 — CO Code / Title 44 / Article 30 / Part 16 / Section 44-30-1606
44-30-1606. Licensing - rules
Status: in_force

44-30-1606. Licensing - rules. (1) (a) On and after September 1, 2020, an entity shall not operate as a fantasy contest operator unless the entity is licensed by the director. On and after September 1, 2020, an individual who is not operating through an entity shall not operate as a fantasy contest operator unless the individual is licensed as a fantasy contest operator by the director. Notwithstanding any provision of this part 16 to the contrary, the director shall issue a license to operate as a fantasy contest operator to any entity or individual that, as of August 30, 2020, held a valid license issued by the department of regulatory agencies to operate as a fantasy contest operator.

(b) An applicant for licensure must pay license, renewal, and reinstatement fees established by the director consistent with section 44-30-203 and other authorities. The director may promulgate reasonable rules pertaining to the renewal, expiration, and reinstatement of licenses. The director shall transmit all fees collected to the state treasurer, who shall credit them to the sports betting fund created in section 44-30-1509.

(2) Applications for licensure as a fantasy contest operator must:

(a) Be verified by the oath or affirmation of the person or persons as the director may prescribe;

(b) Be made to the director on forms prepared and furnished by the director; and

(c) Set forth such information as the director may require to enable the director to determine whether an applicant meets the requirements for licensure under this part 16. The information must include:

(I) The name and address of the applicant;

(II) If a partnership, the names and addresses of all of the partners, and if a corporation, association, or other organization, the names and addresses of the president, vice president, secretary, and managing officer, together with all other information deemed necessary by the director; and

(III) A designation of the responsible party who is the agent for the licensee for all communications with the director.

(3) (a) An applicant may not be eligible for licensure or registration as a fantasy contest operator or licensure renewal if the applicant or any of its officers, directors, or general partners has been convicted of or has entered a plea of nolo contendere or guilty to a felony.

(b) The director is governed by section 24-5-101 in considering the conviction or plea of nolo contendere to a felony for any individual subject to a record check pursuant to subsection (4) of this section.

(4) With the submission of an application for a license granted pursuant to this section, each applicant and its officers, directors, and general partners shall submit a complete set of the person's fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The director shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for a person who has a record of arrest without a disposition. The director shall use the information resulting from the fingerprint-based criminal history record check or name-based judicial record check to investigate and determine whether an applicant is qualified to hold a license pursuant to this section. The director may verify the information an applicant is required to submit. The applicant shall pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation. The applicant is responsible for the costs associated with a name-based judicial record check.

(5) A fantasy contest operator shall not conduct, operate, or offer a fantasy contest that:

(a) Utilizes:

(I) Video or mechanical reels or symbols or any other depictions of slot machines, poker, blackjack, craps, or roulette; or

(II) Any device that qualifies as or replicates games that constitute limited gaming under section 9 of article XVIII of the Colorado constitution; or

(b) Includes a high school or youth sporting event.
C.R.S. § 44-20-208 — CO Code / Title 44 / Article 20 / Part 2 / Section 44-20-208
44-20-208. Quo warranto action
Status: in_force

44-20-208. Quo warranto action. For a violation of any of the provisions of this part 2 by any corporation or association mentioned in this part 2, it is the duty of the attorney general or the district attorney of the proper county to institute proper suits or an action in the nature of quo warranto in any court of competent jurisdiction for the forfeiture of its charter rights, franchises, or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state.
C.R.S. § 44-50-101 — CO Code / Title 44 / Article 50 / Part 1 / Section 44-50-101
44-50-101. Short title
Status: in_force

44-50-101. Short title. The short title of this article 50 is the "Colorado Natural Medicine Code".
C.R.S. § 44-30-202 — CO Code / Title 44 / Article 30 / Part 2 / Section 44-30-202
44-30-202. Functions of division
Status: in_force

44-30-202. Functions of division. (1) The functions of the division are to license, implement, regulate, and supervise the conduct in this state of:

(a) Limited gaming as authorized by section 9 of article XVIII of the state constitution; and

(b) Sports betting as authorized by part 15 of this article 30.

(2) (Deleted by amendment, L. 2024).
C.R.S. § 44-50-701 — CO Code / Title 44 / Article 50 / Part 7 / Section 44-50-701
44-50-701. Suspension - revocation - fines
Status: in_force

44-50-701. Suspension - revocation - fines. (1) In addition to any other sanctions prescribed by this article 50 or rules promulgated pursuant to this article 50, the state licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee must be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke a license issued by the authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this article 50, or any of the rules promulgated pursuant to this article 50, or of any of the terms, conditions, or provisions of the license issued by the state licensing authority. The state licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state licensing authority is authorized to conduct.

(2) The state licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection (1) of this section, by mailing the same in writing to the licensee at the address contained in the license and, if different, at the last address furnished to the authority by the licensee. Except in the case of a summary suspension, a suspension may not exceed six months. If a license is suspended or revoked, a part of the fees paid for the license is not returned to the licensee. Any license, registration, or permit may be summarily suspended by the state licensing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of section 24-4-104 (4). Nothing in this section prevents the summary suspension of a license pursuant to section 24-4-104 (4).
C.R.S. § 44-50-403 — CO Code / Title 44 / Article 50 / Part 4 / Section 44-50-403
44-50-403. Natural medicine product manufacturer license
Status: in_force

44-50-403. Natural medicine product manufacturer license. (1) (a) A natural medicine product manufacturer license may be issued to a person who manufactures regulated natural medicine product pursuant to the terms and conditions of this article 50 and rules promulgated pursuant to this article 50.

(b) A natural medicine product manufacturer licensee may cultivate its own regulated natural medicine pursuant to a natural medicine cultivation facility license.

(c) A natural medicine product manufacturer licensee shall not:

(I) Add any regulated natural medicine to a food product if the manufacturer of the food product holds a trademark to the food product's name; except that a natural medicine product manufacturer licensee may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and if the natural medicine product manufacturer licensee does not state or advertise to the consumer that the final natural medicine product contains a trademarked food product;

(II) Intentionally or knowingly label or package natural medicine or natural medicine product in a manner that would cause a reasonable consumer confusion as to whether the natural medicine product was a trademarked food product; or

(III) Label or package a product in a manner that violates any federal trademark law or regulation.

(2) Natural medicine and natural medicine product must not be consumed on a natural medicine product manufacturer licensee's licensed premises, unless the licensed premises is co-located with a natural medicine healing center licensee's licensed premises.

(3) Pursuant to rules promulgated by the state licensing authority, a natural medicine product manufacturer licensee may transfer and distribute regulated natural medicine and a regulated natural medicine product to another person licensed under article 170 of title 12 or another person licensed under this article 50.
C.R.S. § 44-10-604 — CO Code / Title 44 / Article 10 / Part 6 / Section 44-10-604
44-10-604. Retail marijuana testing facility license - rules
Status: in_force

44-10-604. Retail marijuana testing facility license - rules. (1) (a) A retail marijuana testing facility license may be issued to a person who performs testing and research on retail marijuana and industrial hemp as regulated by article 61 of title 35 and hemp products as regulated by part 4 of article 5 of title 25. The facility may develop and test retail marijuana products, industrial hemp as regulated by article 61 of title 35, and hemp products as regulated by part 4 of article 5 of title 25. Prior to performing testing on industrial hemp, a facility shall verify that the person requesting the testing has received a registration from the commissioner as required by section 35-61-104. Prior to performing testing on hemp products, a facility shall verify that the person requesting the testing has received a registration as required by section 25-5-426.

(b) The testing of retail marijuana, retail marijuana products, and retail marijuana concentrate, and the associated standards, is a matter of statewide concern.

(2) The state licensing authority shall promulgate rules pursuant to its authority in section 44-10-202 (1)(c) related to acceptable testing and research practices, including but not limited to testing, standards, quality control analysis, equipment certification and calibration, and chemical identification and other substances used in bona fide research methods.

(3) A person who has an interest in a retail marijuana testing facility license from the state licensing authority for testing purposes shall not have any interest in a licensed medical marijuana store, a licensed medical marijuana cultivation facility, a licensed medical marijuana products manufacturer, a licensed retail marijuana store, a licensed retail marijuana cultivation facility, or a licensed retail marijuana products manufacturer. A person that has an interest in a licensed medical marijuana store, a licensed medical marijuana cultivation facility, a licensed medical marijuana products manufacturer, a licensed retail marijuana store, a licensed retail marijuana cultivation facility, or a licensed retail marijuana products manufacturer shall not have an interest in a facility that has a retail marijuana testing facility license.
C.R.S. § 44-33-105 — CO Code / Title 44 / Article 33 / Section 44-33-105
44-33-105. Payments - limited gaming and pari-mutuel wagering licensees - procedures
Status: in_force

44-33-105. Payments - limited gaming and pari-mutuel wagering licensees - procedures. (1) On and after July 1, 2008:

(a) A licensee shall have the means to communicate with the registry operator.

(b) Before making a payment to a winner, the licensee shall obtain the name, address, and social security number of the winner from form W-2G, or a substantially equivalent form, to be filed with the United States internal revenue service and submit the required information to the registry operator. The registry operator shall inform the licensee whether the winner is listed in the registry. The licensee shall comply with subsection (2) of this section.

(2) (a) If the registry operator replies that the winner is not listed in the registry or if the licensee is unable to receive information from the registry operator after attempting in good faith to do so, the licensee may make the payment to the winner.

(b) If the registry operator replies that the winner is listed in the registry:

(I) The reply from the registry operator to the licensee shall indicate the name, telephone number, and address of the department that certified the information to the registry and the amount of the winner's outstanding debt.

(II) The licensee shall withhold from the amount of the payment an amount equal to the amount certified pursuant to section 44-33-104. If the amount of the payment is less than or equal to the amount certified, the licensee shall withhold the entire amount of the payment. The licensee shall refer the winner to the department that reported the outstanding debt to the registry.

(III) Within twenty-four hours after withholding a payment pursuant to subsection (2)(b)(II) of this section, the licensee shall send the amount withheld to the registry operator and report to the registry operator the full name, address, and social security number of the winner, the account or case identifier assigned by the department that reported the outstanding debt to the registry, the date and amount of the payment, and the name and location of the licensee.

(IV) The registry operator shall send to the certifying department the money and information received from a licensee pursuant to subsection (2)(b)(III) of this section. If more than one department certified a winner, the registry operator shall send the information to each certifying department and distribute the money among the departments as follows:

(A) The registry operator shall send to the department of human services any amount certified by the department of human services.

(B) Of any money remaining after the distribution, if any, to the department of human services pursuant to subsection (2)(b)(IV)(A) of this section, the registry operator shall send to the judicial department any amount certified by the judicial department.

(C) Of any money remaining after the distribution, if any, to the judicial department pursuant to subsection (2)(b)(IV)(B) of this section, the registry operator shall send to the department of revenue any amount certified by a state agency in accordance with section 24-30-204.2 (2.5).

(V) The department of human services shall process money received from the registry operator pursuant to subsection (2)(b)(IV) of this section in accordance with section 26-13-118.7. The judicial department shall process money received from the registry operator pursuant to subsection (2)(b)(IV) of this section in accordance with the rules of the department of revenue. The department of revenue shall process money received from the registry operator pursuant to subsection (2)(b)(IV) of this section in accordance with the rules of the department of revenue.

(3) The registry operator shall deduct an amount equal to the fee added to the outstanding debt pursuant to section 44-33-104 (7) from each payment received from a licensee and forward the amount to the state treasurer for deposit in the gambling payment intercept cash fund created in section 44-33-106.