HomeMy WebLinkAbout2025 Ordinance No. 028ORDINANCE NO. 28 COUNCIL BILL NO. 29
SERIES OF 2025 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 4, CHAPTER 4 OF ENGLEWOOD
MUNICIPAL CODE, SALES AND USE TAX
WHEREAS, the City of Englewood is a home rule municipality, organized and existing
under Article XX, Section 6 of the Colorado Constitution and the home rule charter of the City;
and
WHEREAS, sales and use taxation is squarely within the City’s home rule authority; and
WHEREAS, over the course of two years, City staff and multiple taxation outside experts
reviewed the City’s current Title 4, Chapter 4, Sales and Use Tax, and proposed revisions to
improve clarity so that those impacted by the Code may more easily understand and apply it,
update taxation mechanisms to reflect current commercial practices, include best practices from
other Colorado municipality taxation mechanisms, and incorporate standard definitions and
taxation mechanisms as proposed by Colorado Municipal League for consistency among cities;
and
WHEREAS, City Council desires to amend Title 4, Chapter 4, Sales and Use Tax, of the
Englewood Municipal Code to incorporate these recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado, hereby repeals Title 4, Chapter
4, Sales and Use Tax of the Englewood Municipal Code in its entirety.
Section 2. The City Council of the City of Englewood, Colorado hereby adopts the updated and
revised Title 4, Chapter 4, Sales and Use Tax of the Englewood Municipal Code, attached hereto
as Exhibit 1.
Section 3. The following general provisions and findings apply to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair, or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting
with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency
or conflict.
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C. Effect of repeal or modification. The repeal or modification of any provision of the Code of
the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in
whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been
incurred under such provision, and each provision shall be treated and held as still remaining in
force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such actions,
suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for
the health, safety, and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to
challenge this Ordinance through referendum under City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s
official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as necessary
to implement this Ordinance's provisions.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within EMC
§ 1-4-1.
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EXHIBIT 1
Chapter 4 SALES AND USE TAX
4-4-1: Administration of Tax and License Requirement.
A. The City Manager's designee shall prescribe forms and reasonable rules and regulations for the making of
Returns, the ascertainment, assessment and collection of Taxes imposed, and for proper administration and
enforcement.
B. Any Person Engaged in Business in the City or otherwise storing, using, or consuming Tangible Personal
Property within the City subject to Sales Tax or Use Tax pursuant to this Chapter shall obtain and maintain a
current City License.
C. The following shall be exempt from obtaining a License:
1. Persons holding Garage Sales under EMC § 15-16-2;
2. Informal Business with annual income less than five hundred dollars ($500.00), including lemonade
stands and snow shoveling;
3. Commercial sales associated with not-for-profit fundraising with all monies collected returned to a
parent organization, including scouting organizations and local school fundraisers; and
4. Retailers holding a state-standard retail license that ensures payment of Sales and Use Tax to the
City and who qualify for a general business license free of charge as allowed under certain conditions
of C.R.S. § 39-26-802.9. They may be provided with a City-specific license number for record keeping
and track of Sales and Use Taxes paid.
D. The Licensing Officer shall determine the applicability of an exemption, subject to appeal pursuant to EMC §
4-4-1-6.
4-4-1-1: Application for Sales and Use Tax License.
A. Applications for a License shall be submitted to the Director of Finance's designee (hereinafter "Licensing
Officer") biennially, accompanied by all required fees. Unless an exemption above applies, a separate License
is required for each physical location within the City. The application shall:
1. Be on forms promulgated by the Licensing Officer, including a signed affidavit by the applicant
providing:
a. The name and address of the Person to be designated the licensee;
b. The address to which all official correspondence is to be mailed, and an e-mail address to
receive official notifications from the City (or if there is no e-mail, an additional alternative
method of notification which may be relied upon by the City until the City is notified otherwise
in writing);
c. The name of the Business, including both the name set forth upon any articles of incorporation
and the name under which it is doing business within the City (identified Business location);
d. The address where the Business is located;
e. A general description of the activity to be conducted by the Business;
f. A statement of charitable status and supporting documentation, if applicable;
g. The regular hours of operation of the identified Business location; and
h. Any additional information required by the Licensing Officer or EMC.
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B. Denial or Revocation of License. The Licensing Officer may deny any application, or suspend or revoke a
license as provided in EMC § 5-1-4(D).
4-4-1-2: Duties of Licensing Officer.
A. The Licensing Officer shall have the same duties for this Title as provided in EMC § 5-1-3 for Title 5, and issue
orders to licensees for compliance with this Title.
4-4-1-3: Fees and Terms of License.
A. The non-refundable application fee and other licensing fees shall be set by City Council.
B. Should City Council exempt Charitable Organizations from any fee, request for exemption must be made
with the application for a License. If a Business changes its Charitable Organization legal status, it must apply
for a new License.
C. All filings received in paper format and/or requiring in-office processing shall be assessed an administrative
fee set by City Council.
D. Term. City-issued Licenses shall expire upon the earlier of two (2) years from the date of issuance or:
1. Transfer of the Business to another owner;
2. Transfer of the Business to another location;
3. Any change of name associated with the Business;
4. Any significant change of nature or use of the Business; or
5. The closure of such Business for more than 90 days.
E. Licenses may not be modified or transferred.
4-4-1-4: RESERVED
4-4-1-5: Inspections; Enforcement; Notice.
A. A licensee shall make available all records required to be maintained by the License and this Title , to any
person authorized to enforce this Title.
B. Official notices, including notices of intent to inspect or audit any records, shall be sent to the email address
and/or mailing address provided under EMC § 4-4-1-1. Notice shall be deemed received forty-eight (48)
hours after it was sent.
4-4-1-6: License Hearings, Orders, and Appeals.
A. Upon any violation of this Title, other applicable law or regulation, the Licensing Officer shall issue an order
to the licensee to bring such Business into compliance.
1. The order, and all other notices under this Title, shall notify the licensee of the specific violation(s),
including the citation to the law or regulation, and a short description of the facts of the violation.
2. Before the period of compliance expires as provided within the order, the licensee may appeal the
order, in writing to the Licensing Officer, for an appeal hearing before an administrative hearing
officer.
3. Within fourteen (14) days of receipt, the Licensing Officer shall request the City Clerk assign an
administrative hearing officer.
4. The administrative hearing officer shall schedule an administrative hearing within a reasonable time.
The administrative hearing officer shall make a final decision and issue an order in writing within
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thirty (30) days after the conclusion of the hearing. The decision and order shall be sent by email to
the designated email addresses provided by both parties. An official written copy of the decision and
order shall be mailed to both parties to the designated mailing addresses within twenty-four (24)
hours of sending via email.
5. Either party may appeal the final order of the administrative hearing officer pursuant to Rule
106(4)(a) of the Colorado Rules of Civil Procedure.
B. A denial of a License by the Licensing Officer may be appealed to an administrative hearing officer following
the procedures above.
4-4-2: Definitions.
When used in this Chapter, the following definitions shall apply:
A. Automotive Vehicle means any vehicle or device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway, or any device used or designed for aviation or flight in the air.
Automotive Vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers, or mobile homes.
Automotive Vehicle shall not include devices moved by human power or used exclusively upon stationary rails or
tracks.
B. Business means all activities engaged in or caused to be engaged in with the object of gain, benefit, or
advantage, direct or indirect.
C. Charitable Organization means any entity which: (1) has been certified as a nonprofit organization under
Section 501(c)(3) of the Internal Revenue Code; and (2) is an organization which exclusively, and in a manner
consistent with existing laws and for the benefit of an indefinite number of persons or animals, freely and
voluntarily ministers to the physical, mental, or spiritual needs of persons or animals, and thereby lessens the
burden of government.
D. Claim for Recovery means a claim for reimbursement of Sales and Use Taxes paid to the wrong taxing
jurisdiction.
E. Collection Costs shall include, but is not limited to, all costs of audit, assessment, bank fees, hearings,
execution, lien filing, distraint, litigation, locksmith fees, auction fees and costs, City staff time, prosecution and
attorney fees.
F. Commercial Packaging Materials means containers, labels, and/or cases, that become part of the finished
product to the purchaser, used by or sold to a person engaged in manufacturing, compounding, wholesaling,
jobbing, retailing, packaging, distributing or bottling for sale, profit or use, and is not returnable to said person for
reuse. Commercial Packaging Materials do not include Commercial Shipping Materials.
G. Construction Equipment means any equipment, including Mobile Machinery and mobile equipment,
which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real
property, building, structure or infrastructure.
H. Construction Materials means Tangible Personal Property which, when combined with other Tangible
Personal Property, loses its identity to become an integral and inseparable part of a structure or project including
public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt,
bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace
inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber,
macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty,
reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile,
trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting
and screen, water mains and meters, and wood preserver. The above materials, when used for forms, or other
items which do not remain as an integral and inseparable part of completed structure or project are not
Construction Materials.
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I. Consumer means any Person in the City who Purchases, uses, stores, distributes or otherwise consumes
Tangible Personal Property or Taxable Services, Purchased from sources inside or outside the City.
J. Contractor means any Person who shall build, construct, reconstruct, alter, expand, modify, or improve
any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant
to an agreement; also includes subcontractor(s).
K. Digital Product means an electronic product including, but not limited to: (1) "digital images" which
means works that include, but are not limited to, the following that are generally recognized in the ordinary and
usual sense as "photographs," "logos," "cartoons," or "drawings"; (2) "digital audio-visual works" which means a
series of related images which, when shown in succession, impart an impression of motion, together with
accompanying sounds, if any; (3) "digital audio works" which means works that result from the fixation of a series
of musical, spoken, or other sounds, including ringtones. For purposes of the definition of "digital audio works,"
"ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the
customer with respect to a communication; and (4) "digital books" which means works that are generally
recognized in the ordinary and usual sense as "books."
L. Distribution means the act of distributing any article of Tangible Personal Property for use or
consumption, which may include, but not be limited to, the distribution of advertising gifts, shoppers guides,
catalogs, directories, or other property given as prizes, premiums, or for goodwill or in conjunction with the sales
of other commodities or services.
M. Economic Nexus means the connection between the City and a Person not having a physical nexus in the
State of Colorado, which connection is established when the Person or Marketplace Facilitator makes Retail Sales
into the City, and:
1. In the previous calendar year, the Person or Marketplace Facilitator has made Retail Sales into the state
exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or
2. In the current calendar year, 90 days have passed following the month in which the Person or Marketplace
Facilitator has made Retail Sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as
amended.
This definition does not apply to any Person who is doing business in this state but otherwise applies to any
other Person.
N. Engaged in Business in the City means performing or providing services or selling, leasing, renting,
delivering or installing Tangible Personal Property for Storage, use or consumption, within the City. Engaged in
Business in the City includes, but is not limited to, any one (1) of the following activities by a Person: (1) directly,
indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of Business
within the taxing jurisdiction; (2) sends one (1) or more employees, agents or commissioned sales persons into the
taxing jurisdiction to solicit Business or to install, assemble, repair, service, or assist in the use of its products, or for
demonstration or other reasons; (3) maintains one (1) or more employees, agents or commissioned sales persons
on duty at a location within the taxing jurisdiction; (4) owns, leases, rents or otherwise exercises control over real
or personal property within the taxing jurisdiction; (5) Retailer in the state of Colorado that makes more than one
delivery into the City within a twelve month period; or (6) makes Retail Sales sufficient to meet the definitional
requirements of Economic Nexus.
O. Essential Hygiene Products means incontinence products, diapers, and period products consisting of
absorbent cloth or disposable products worn by a human who is incapable of, or has difficulty, controlling their
bladder or bowel movements and consumer products used to manage menstruation.
P. Food For Home Consumption means food for domestic home consumption as defined in 7 U.S.C. §
2012(k), as amended, for purposes of the supplemental nutrition assistance program, or any successor program, as
defined in 7 U.S.C. § 2012(t), as amended; except that "food" does not include carbonated water marketed in
containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and
unpackaged cold sandwiches; deli trays; or hot or cold beverages served in unsealed containers or cups that are
vended by or through machines or non-coin-operated coin collecting food and snack devices on behalf of a
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Retailer.
Q. Gross Sales means the total amount received in money, credit, property or other consideration valued in
money for all sales, leases, or rentals of Tangible Personal Property or services.
R. License means a City of Englewood sales and/or use tax license.
S. Lodging Services means the furnishing of rooms or accommodations by any Person or combination of
Persons to a person who for a consideration uses, possesses, or has the right to use or possess any room in a hotel,
inn, bed and breakfast residence, apartment hotel, lodging house, motor hotel, guesthouse, guest ranch, trailer
coach, mobile home, auto camp, or trailer court and park, short term rental, or similar establishment, under any
concession, permit, right of access, license to use, or other agreement, or otherwise.
T. Machinery means any apparatus consisting of interrelated parts used to produce an article of Tangible
Personal Property. The term includes both the basic unit and any adjunct or attachment necessary for the basic
unit to accomplish its intended function.
U. Manufactured Home means any pre-constructed building unit or combination of pre-constructed building
units, without motive power, where such unit or units are manufactured in a factory or at a location other than the
residential site of the completed home, which is designed and commonly used for occupancy by persons for
residential purposes, in either temporary or permanent locations, and which unit or units are not licensed as a
vehicle; includes a modular home.
V. Manufacturing means the operation or performance of an integrated series of operations which places a
product, article, substance, commodity, or other Tangible Personal Property in a form, composition or character
different from that in which it was acquired whether for sale or for use by a manufacturer. The change in form,
composition or character must result in a different product having a distinctive name, character or use from the
raw or prepared materials.
W. Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an
internet website, a catalog, or a dedicated sales Software application, where Tangible Personal Property, taxable
products or Taxable Services are offered for sale.
X. Marketplace Facilitator means a Person who:
1. Contracts with a Marketplace Seller or Multichannel Seller to facilitate for consideration, regardless
of whether or not the consideration is deducted as fees from the transaction, the sale of the
Marketplace Seller's Tangible Personal Property, products, or services through the Person's
Marketplace;
2. Engages directly or indirectly, through one or more affiliated Persons, in transmitting or otherwise
communicating the offer or acceptance between a Purchaser and the Marketplace Seller or
Multichannel Seller; and
3. Either directly or indirectly, through agreements or arrangements with third parties, collects the
payment from the Purchaser on behalf of the seller.
Marketplace Facilitator does not include a Person that exclusively provides internet advertising services or
lists products for sale, and that does not otherwise meet this definition.
Y. Marketplace Seller means a Person, regardless of whether the Person is Engaged in Business in the City,
who has an agreement with a Marketplace Facilitator and offers for sale Tangible Personal Property, products or
services through a Marketplace owned, operated, or controlled by a Marketplace Facilitator, and through other
means.
Z. Medical Marijuana means marijuana acquired, possessed, cultivated, manufactured, delivered,
transported, supplied, sold, or dispensed to a person who qualifies as a patient with a debilitating medical
condition(s) under Article XVIII, Section 14, of the Colorado Constitution, and which person holds a valid "registry
identification card" issued by the State of Colorado pursuant to Colorado Constitution, Article XVIII, Section 14.
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AA. Medical Supplies means Prescription Drugs for Animals, Prescription Drugs for Humans, Prosthetic Devices
for Animals, Prosthetic Devices for Humans, and special beds for patients with neuromuscular or similar
debilitating ailments, when sold for the direct, personal use of a specific individual in accordance with a
prescription or other written directive issued by a licensed practitioner of medicine, dentistry, or podiatry;
corrective eyeglass lenses (including eyeglass frames), and corrective contact lenses, when sold for the direct,
personal use of a specific individual in accordance with a prescription or other written directive issued by a
licensed practitioner of medicine or optometry; wheelchairs and crutches, when sold for the direct, personal use of
a specific individual; oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid
batteries, insulin, insulin measuring and injecting devices, glucose to be used for treatment of insulin reactions,
and human whole blood, plasma, blood products and derivatives. Medical Supplies excludes items purchased for
use by medical and dental practitioners or medical facilities in providing their services, even though certain of
those items may be packaged for single use by individual patients after which the item would be discarded.
BB. Mobile Machinery and Self-Propelled Construction Equipment means those vehicles, self-propelled or
otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways,
and those motor vehicles which may have originally been designed for the transportation of persons or cargo over
the public highways, and those motor vehicles which may have originally been designed for the transportation of
persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or
Machinery, and which may be only incidentally operated or moved over the public highways. This definition
includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of
roadways, the drilling of wells, and the digging of ditches.
CC. Motor Fuel means gasoline, casing head or natural gasoline, benzol, benzene and naphtha, gasohol and
any other liquid prepared, advertised, offered for sale, sold for use or used or commercially usable in internal
combustion engines for the generation of power for the propulsion of motor vehicles upon the public highways.
The term does not include fuel used for the propulsion or drawing of aircraft or railroad cars or railroad
locomotives.
DD. Multichannel Seller means a Retailer that offers for sale Tangible Personal Property, commodities, or
services through a Marketplace owned, operated, or controlled by a Marketplace Facilitator, and through other
means.
EE. Newspaper means a publication, printed on newsprint, intended for general circulation, and published
regularly at short intervals, containing information and editorials on current events and news of general interest.
The term Newspaper does not include: magazines, trade publications or journals, credit bulletins, advertising
inserts, circulars, directories, maps, racing programs, reprints, Newspaper clipping and mailing services or listings,
publications that include an updating or revision service, or books or pocket editions of books.
FF. Person means any individual, firm, partnership, joint venture, corporation, limited liability company,
estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity,
whether appointed by court or otherwise, or any group or combination acting as a unit.
GG. Prescription Drugs for Animals means a drug which, prior to being dispensed or delivered, is required by
the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the
symbol “Rx Only”, and is dispensed in accordance with any order in writing, dated and signed by a licensed
veterinarian specifying the animal for which the medicine or drug is offered and directions, if any, to be placed on
the label.
HH. Prescription Drugs for Humans means a drug which, prior to being dispensed or delivered, is required by
the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to state at a minimum the
symbol “Rx Only”, and is dispensed in accordance with any written or electronic order dated and signed by a
licensed practitioner of the healing arts, or given orally by a practitioner and immediately reduced to writing by the
pharmacist, assistant pharmacist, or pharmacy intern, specifying the name and any required information of the
patient for whom the medicine, drug or poison is offered and directions, if any, to be placed on the label.
II. Price or Purchase Price means the aggregate value measured in currency paid or delivered or promised to
be paid or delivered in consummation of a sale, without any discount from the price on account of the cost of
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materials used, labor or service cost, and exclusive of any direct Tax imposed by the federal government or by this
Title, and, in the case of all Retail Sales involving the exchange of property, also exclusive of the fair market value
of the property exchanged at the same time and place of the exchange, if: (1) such exchanged property is to be
sold thereafter in the usual course of the Retailer's Business; or (2) such exchanged property is a vehicle and is
exchanged for another vehicle and both vehicles are subject to licensing, registration, or certification under the
laws of this state, including, but not limited to, vehicles operating upon public highways, off-highway recreation
vehicles, watercraft, and aircraft. Any money or other consideration paid over and above the value of the
exchanged property is subject to Tax.
Price or Purchase Price includes:
1. The amount of money received or due in cash and credits.
2. Property at fair market value taken in exchange but not for resale in the usual course of the Retailer’s
Business.
3. Any consideration valued in money, whereby the manufacturer or someone else reimburses the
Retailer for part of the purchase price and other media of exchange.
4. The total price charged on credit sales including finance charges which are not separately stated at
the time of sale. An amount charged as interest on the unpaid balance of the purchase price is not
part of the purchase price unless the amount added to the purchase price is included in the principal
amount of a promissory note; except the interest or carrying charge set out separately from the
unpaid balance of the purchase price on the face of the note is not part of the purchase price. An
amount charged for insurance on the property sold and separately stated at the time of sale is not
part of the purchase price.
5. Installation, applying, remodeling or repairing the property, and wheeling-in charges included in the
purchase price and not separately stated.
6. Transportation and other charges to effect delivery of Tangible Personal Property to the purchaser.
7. Indirect federal manufacturers' excise Taxes, such as Taxes on automobiles, tires and floor stock.
8. The gross purchase price of articles sold after Manufacturing or after having been made to order,
including the gross value of all the materials used, labor and service performed and the profit
thereon.
Price or Purchase Price shall not include:
1. Any Sales or Use Tax imposed by the State of Colorado or by any political subdivision thereof.
2. The fair market value of property exchanged if such property is to be sold thereafter in the Retailers'
usual course of Business. This is not limited to exchanges in Colorado. Out of state trade-ins are an
allowable adjustment to the purchase price.
3. Discounts from the original price if such discount and the corresponding decrease in Sales Tax due
is actually passed on to the purchaser, and the seller is not reimbursed for the discount by the
manufacturer or someone else. An anticipated discount to be allowed for payment on or before a
given date is not an allowable adjustment to the price in reporting Gross Sales.
JJ. Prosthetic Devices for Animals means any artificial limb, part, device or appliance for animal use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a
particular patient; and is prescribed by a licensed veterinarian. Prosthetic devices include, but are not limited to,
prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances, and oxygen
concentrators with related accessories.
KK. Prosthetic Devices for Humans means any artificial limb, part, device or appliance for human use which
replaces a body part or aids or replaces a bodily function; is designed, manufactured, altered or adjusted to fit a
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particular patient; and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include, but
are not limited to, prescribed auditory, ophthalmic or ocular, cardiac, dental, or orthopedic devices or appliances,
and oxygen concentrators with related accessories.
LL. Purchase or Sale means the acquisition for any consideration by any Person of Tangible Personal Property,
other taxable products or Taxable Services that are purchased, leased, rented, or sold. These terms include capital
leases, installment and credit sales, and property and services acquired by:
1. Transfer, either conditionally or absolutely, of title or possession or both to Tangible Personal
Property, other taxable products, or Taxable Services;
2. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements, to use
Tangible Personal Property, other taxable products, or Taxable Services;
3. Performance of Taxable Services; or
4. Barter or exchange for other Tangible Personal Property, other Taxable products, or Services.
The terms "Purchase" and "Sale" do not include:
1. A division of partnership assets among the partners according to their interests in the partnership;
2. The transfer of assets of shareholders in the formation or dissolution of professional corporations,
if no consideration including, but not limited to, the assumption of a liability is paid for the transfer
of assets;
3. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of
assets;
4. A transfer of a partnership or limited liability company interest;
5. The transfer of assets to a commencing or existing partnership or limited liability company, if no
consideration including, but not limited to, the assumption of a liability is paid for the transfer of
assets; or
6. The repossession of personal property by a chattel mortgage holder or foreclosure by a lienholder.
MM. Realty means land and anything fixed, immovable, or permanently attached to it such as buildings, walls,
fixtures, improvements, roads, trees, shrubs, fences, sewers, structures, and utility systems.
NN. Resident means a person who resides or maintains one or more places of Business within the City,
regardless of whether that person also resides or maintains a place of Business outside of the City.
OO. Retail Sales means all Sales except Wholesale Sales.
PP. Retailer or Vendor means any Person selling, leasing, renting, or granting a license to use Tangible
Personal Property or services at retail. Retailer shall include, but is not limited to, any:
1. Auctioneer;
2. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of
or obtains such property or services sold from a dealer, distributor, supervisor or employer;
3. Charitable organization or governmental entity which makes sales of Tangible Personal Property to
the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or
donation or that the proceeds are to be used for charitable or governmental purposes;
4. Retailer-Contractor, when acting in the capacity of a seller of building supplies, Construction
Materials, and other Tangible Personal Property;
5. Marketplace Facilitator, a Marketplace Seller, and a Multichannel Seller; or
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6. Any Person furnishing or selling Lodging Services.
QQ. Retailer-Contractor means a Contractor who is also a Retailer of building supplies, construction materials,
or other Tangible Personal Property, and purchases, manufactures, or fabricates such property for sale (which may
include installation), repair work, time and materials jobs, and/or lump sum contracts.
RR. Return means any form prescribed by the City for computing and reporting a total tax liability.
SS. Sales or Sales, see the definition or Purchase or Sale above.
TT. Sales Tax means the Tax that is collected or required to be collected and remitted by a Retailer on Sales
taxed under this Title.
UU. School means a public or nonpublic school for students in kindergarten through 12th grade or any portion
thereof.
VV. Software Program means a sequence of instructions that can be measured, interpreted and executed by
an electronic device (e.g., a computer, tablets, smart phones) regardless of the means by which it is accessed or
the medium of conveyance. Software program includes: (1) custom software program, which is a software
program prepared to the special order or specifications of a single customer; (2) pre-written software program,
which is a software program prepared for sale or license to multiple users, and not to the special order or
specifications of a single customer. Pre-written software is commonly referred to as "canned," "off-the-shelf
("COTS")," "mass produced" or "standardized;" (3) modified software, which means pre-written software that is
altered or enhanced by someone other than the purchaser to create a program for a particular user; or (4) the
generic term "software," "software application," as well as "updates," "upgrades," "patches," "user exits," and any
items which add or extend functionality to existing software programs.
WW. Software as a Service means software that is rented, leased or subscribed to from a provider and used at
the Consumer's location, including but not limited to applications, systems or programs.
XX. Software License Fee means a fee charged for the right to use, access, or maintain Software Programs.
YY. Software Maintenance Agreement means an agreement, typically with a software provider, that may
include: (1) provisions to maintain the right to use the software; (2) provisions for software upgrades including
code updates, version updates, code fix modifications, enhancements, and added or new functional capabilities
loaded into existing software; or (3) technical support.
ZZ. Storage means any keeping or retention of, or exercise dominion or control over, or possession of, for any
length of time, Tangible Personal Property not while in transit but on a stand still basis for future use when leased,
rented or Purchased at retail from sources either within or without the City from any Person or Retailer.
AAA. Tangible Personal Property means personal property that can be one or more of the following: seen,
weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other manner perceptible to
the senses.
BBB. Tax means the Use Tax due from a Consumer or the Sales Tax due from a Retailer or the sum of both due
from a Retailer who also consumes.
CCC. Tax Deficiency means any amount of Tax, penalty, interest, or other fee that is not reported and/or not
paid on or before the date that any Return or payment of the Tax is required under the terms of this Chapter.
DDD. Taxable Sales means Gross Sales less any exemptions and deductions specified in this Chapter.
EEE. Taxable Services means services subject to Tax pursuant to this Chapter.
FFF. Taxpayer means any Person obligated to collect and/or pay Tax under the terms of this Chapter.
GGG. Telecommunications Service means the service of which the object is the transmission of any two-way
interactive electronic or electromagnetic communications including but not limited to voice, image, data and any
other information, by the use of any means but not limited to wire, cable, fiber optical cable, microwave, radio
wave, Voice over Internet Protocol (VoIP), or any combinations of such media, including any form of mobile two-
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way communication.
HHH. Total Tax Liability means the total of all Tax, penalties and/or interest owed by a Taxpayer and shall
include Sales Tax collected in excess of such Tax computed on total Sales.
III. Use means the exercise, for any length of time by any Person within the City of any right, power or
dominion over Tangible Personal Property or services when rented, leased or Purchased at retail from sources
either within or without the City from any Person or Retailer or used in the performance of a contract in the City
whether or not such Tangible Personal Property is owned by the Taxpayer. Use also includes the withdrawal of
items from inventory for consumption.
JJJ. Use Tax means the Tax paid or required to be paid by a Consumer for using, storing, distributing or
otherwise consuming Tangible Personal Property or Taxable Services inside the City.
KKK. Wholesale Sales means a sale by Wholesalers to Retailers, jobbers, dealers, or other Wholesalers for
resale and does not include a sale by Wholesalers to users or Consumers not for resale; latter types of Sales shall
be deemed to be Retail Sales and shall be subject to the provisions of this Chapter.
LLL. Wholesaler means any Person doing an organized wholesale or jobbing Business and selling to Retailers,
jobbers, dealers, or other Wholesalers, for the purpose of resale, and not for Storage, Use, consumption, or
Distribution.
4-4-3: Purpose of Tax, Distribution of Proceeds.
The City Council hereby declares that the purpose of the levy of the Taxes imposed by this Chapter is for the
raising of funds for payment of the general operating expenses of the City and for capital improvements; provided,
however, that all of those revenues derived on the Use, consumption or Storage of those items contained in EMC §
4-4-5-3(B) (Automotive Vehicles, trailers, building materials and supplies) shall be segregated, held apart and
deposited into a separate capital improvement account and shall be used solely to fund and finance the capital
improvements of the City.
4-4-4: Sales Tax Imposed.
4-4-4-1: Taxable Items.
The Tax under EMC § 4-4-4-2 shall be collected and paid upon:
A. The Purchase Price paid or charged upon all Retail Sales and Purchases of Tangible Personal Property,
and products within the City.
B. The Purchase Price paid or charged for the Sale or furnishing of Telecommunications Services,
electricity, steam heat or gas services.
C. The Purchase Price paid or charged for food or drink prepared for immediate consumption.
D. The Purchase Price paid or received for Lodging Services.
E. The Purchase Price paid for Software Programs, Software as a Service, Software License Fees, and
Software Maintenance Agreements.
4-4-4-2: Sales Tax Levy.
A. A Tax of three and eighty-hundredths (3.8%) percent is imposed and levied upon all taxable items described
in EMC § 4-4-4-1.
B. The following Taxes are hereby levied upon the rental fee, Price, or other consideration paid or received for
Sales of Lodging Services:
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1. The Sales Tax in in subsection A above; plus
2. Two percent (2%) of the Purchase Price.
C. Retailers shall add Taxes imposed to the Sale or charge of the item sold, showing such Tax as a separate and
distinct item, and, when added, such Tax shall constitute a part of such Price or charge, shall be a debt from
the Purchaser to the Retailer until paid, and shall be recoverable at law in the same manner as other debts.
4-4-4-2A: Sales Tax upon the Sale of Retail Marijuana.
A. The Sale of retail marijuana shall be subject to an additional Sales Tax of three and one-half percent
(3.5%), that may be raised up to one and one-half percent (1.5%) per year to a maximum additional Sales Tax of
fifteen percent (15%). Tax revenues so collected shall fund local law enforcement, educational programs and other
City general operating expenses.
B. To implement Initiated Ballot Issue 300, 2016, the annual proposed City budget shall include a one and
one-half percent (1.5%) annual increase in the additional Sales Tax imposed upon the sale of retail marijuana, up to
a maximum of fifteen percent (15%). The City Council may modify the annual additional Sales Tax increase as part
of the annual budgeting process. Approval of the annual budget will include approval of the Sales Tax rate for retail
marijuana.
4-4-4-3: Exemptions to Sales Tax.
A. The Sale of the following are exempt from the Tax imposed by EMC § 4-4-4-2:
1. Automotive Vehicles, trailers and semi-trailers, registered outside of the City.
2. Sales of Tangible Personal Property where:
a. The Sales are to parties who are Residents of, or doing Business in, the State of Colorado, but
outside the City; and
b. The articles Purchased are delivered to the Purchaser outside of the City by common carrier,
conveyance by the seller or by mail.
3. Sales of Motor Fuel.
4. Sales of Medical Supplies.
5. Sales of Food for Home Consumption.
6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common
carrier operating in interstate commerce as the ultimate Consumer thereof.
7. Sale of Construction Materials, if such materials are picked up by the Purchaser and if the Purchaser
of such materials presents to the Retailer a building permit or other documentation acceptable to
the City evidencing that a local Use Tax has been paid or is required to be paid, or that such Purchaser
presents a building permit or other documentation acceptable to the City evidencing that such
Purchaser is exempt from payment of Use Tax pursuant to EMC § 4-4-5-2.
8. Sales of Newspapers and magazines.
9. Sales of Tangible Personal Property at a Garage Sale in compliance with EMC § 15-16-2.
10. Commercial packaging materials.
11. Sales of cigarettes, including any product defined by C.R.S. § 39-28-202(4), as amended.
12. Sales of Lodging Services provided to any natural person for a period of more than thirty (30)
consecutive days.
13. The retail delivery fee consisting of the community access retail delivery fee imposed in C.R.S. § 24-
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38.5- 303(7), the clean fleet retail delivery fee imposed in C.R.S. § 25-7.5-103(8), the clean transit retail
delivery fee imposed in C.R.S. § 43-4-1203(7), the retail delivery fee imposed in C.R.S. § 43-4-218(3), the
bridge and tunnel retail delivery fee imposed in C.R.S. § 43-4-805 (5)(g.7), and the air pollution mitigation
retail delivery fee imposed in C.R.S. § 43-4- 1303(8), as such sections existed on June 17, 2021.
14. The carryout bag fee imposed in C.R.S. § 25-17-505, as such section existed on July 6, 2021.
15. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the
entire Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject
to the payment of Sales or Use Tax under this Chapter, is exempt from taxation under this Chapter.
16. All sales to the United States government, to the state, its departments and institutions, and the political
subdivisions thereof that are:
a. Billed directly to such governmental entities;
b. Paid directly from funds of such governmental entities; and
c. Used exclusively by such governmental entities in their governmental capacities.
17. All sales to charitable organizations that are:
a. Billed directly to the charitable organization;
b. Paid directly from funds of the charitable organization; and
c. Used exclusively for the charitable organization's organizational or operational purposes.
18. The City's Sales Tax shall not apply to the sale of Tangible Personal Property at retail or the
furnishing of services if the transaction was previously subjected to a Sales or Use Tax properly and
proportionately imposed on the Purchaser or user by another municipality equal to or in excess of the Sales
Tax levied in EMC § 4-4-4-2. A credit shall be granted against the City's Sales Tax with respect to such
transaction equal in amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser
or user to another municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-
4-2. For the transactions consummated on or before January 1, 2023, the credit applicable to the
exemptions above shall not exceed three and one-half percent (3.50%).
19. Sales of Essential Hygiene Products.
B. Burden of Proving Exemptions; Disputes. The burden of proof that any Retailer is exempt from collecting a
Tax upon any goods sold and paying the same to the City, or from making Return for the same, shall be on
the Retailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise
between any Purchaser and seller as to whether or not any Retail Sale is exempt from taxation hereunder,
the seller shall, nevertheless, collect and the Purchaser shall pay such Tax; and the seller shall thereupon
issue to the Purchaser a receipt, or certificate, on forms prescribed by the City showing the names of the
seller and Purchaser, the items Purchased, the date, Price, amount of Tax paid, and a brief statement of the
claim of exemption. Thereafter the Purchaser may apply to the City for a refund of such Taxes and the City
shall determine the question of exemption. In any case where the City refunds any Taxes, it may collect from
the Retailer the amount of Taxes retained by them as a fee attributable to the transaction.
4-4-4-4: Reserved.
4-4-4-5: Reserved.
4-4-4-6: Books and Records Kept.
Every Taxpayer or other Person liable to the City for Sales or Use Tax under this Chapter, including
Taxpayers and other Persons that apply or that are required to apply for a permit to improve Realty, shall keep
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and preserve for a period of four (4) years from the date the Tax is due such books, accounts and records,
including, without limitation, original Sales and Purchase records, as may be necessary to determine the amount
of Tax that the Taxpayer or other Person is liable to pay or collect, and all such books, accounts and records shall
be open for examination at any time by the City. Upon demand by the Finance Director’s designee, the Taxpayer
shall make the books, invoices, accounts or other records it maintains available as directed by the City for
examination, inspection and audit. The Taxpayer shall maintain its books, invoices, accounts or other records
until the examination, inspection and audit is complete.
4-4-4-7: Sales Tax Returns.
A. Every Person required to obtain a License under this Chapter shall file a Sales Tax Return, with payment of
Tax owed through the means directed by the City, no later than the twentieth (20th ) day of each month for
the preceding calendar month; if, however, reports of Sales made on a calendar monthly basis will impose
undue hardship, the Finance Director may, upon request of said Retailer and in the Director’s sole discretion,
accept reports at alternative intervals if it will not jeopardize the collection of the Tax.
B. All other Persons shall pay to the Finance Director’s designee the amount of any Tax due under this Chapter
no later than thirty (30) days after the date said Tax becomes due.
C. All License applications, Returns and payments under this Chapter received in paper format and/or requiring
in-office processing shall be assessed an administrative fee set by City Council.
4-4-4-8: Retailer Responsibilities.
A. Retailer responsibility for collection of Tax. Every Retailer Engaged in Business and selling at retail shall be
liable and responsible for the collection of an amount equivalent to the amount of the Tax imposed by this
Chapter computed on the total of all sales made by the Retailer of taxable Tangible Personal Property,
products or services.
B. Retailer responsibility for remittance of Tax. Every Retailer obligated to collect and/or pay any of the Tax
imposed by this Chapter shall file a return and remit the total amount due to the City in accordance with
EMC § 4-4-4-7.
C. Timely payment evidence; computation of dates.
1. Timely payment may be evidenced by the transaction processing date, or the postmark date if
mailed. Payments processed by the Finance Department or tax portals or postmarked on or before
the due date will be considered timely.
2. Any due date, payment date or deadline for paying tax due, providing information or taking other
action which falls on a Saturday, Sunday or legal holiday recognized by either the federal government
or the State shall be extended to the first business day following such weekend or holiday.
D. Every Retailer shall be responsible for verifying the address of the Sale to determine the correct jurisdiction
to which the Taxes are owed.
1. Street Guide. The City shall make available to any requesting vendor a street guide showing the
boundaries of the City. A Retailer may rely on the most current version of such street guide in
determining whether to collect a City Sales Tax or Use Tax or both. No penalty shall be imposed or
action for Tax Deficiency maintained against such a Retailer who in good faith complies with the most
recent version of the street guide available to it.
2. Electronic Database—Address Locator.
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i. Any Retailer that collects and remits Sales Tax to the City may use an electronic database of
state addresses certified by the State Department of Revenue pursuant to C.R.S. § 39-26-
105.3 to determine the jurisdictions to which Tax is owed.
ii. Any Retailer that uses said electronic database for this purpose shall be held harmless for
any Tax, penalty, or interest owed the City but unpaid in good faith due to an error in the
database, provided the Retailer used the most current information available in such
database on the date the Sale(s) occurred. Each Retailer shall have the burden to prove it
used the most current information available in the electronic database on the date the
Sale(s) occurred. This subsection shall not apply to errors resulting from a deceptive or false
representation, fraud or negligence.
4-4-4-9: Marketplace Sales.
A. A Marketplace Seller, with respect to Sales of Tangible Personal Property, products, or services made in or
through a Marketplace Facilitator’s Marketplace, does not have the liabilities, obligations, or rights of a
Retailer under this Title if the Marketplace Seller can show that such Sale was facilitated by a Marketplace
Facilitator:
1. With whom the Marketplace Seller has a contract that explicitly provides that the Marketplace
Facilitator will collect and remit Sales Tax on all Sales subject to Tax under this Title; or
2. From whom the Marketplace Seller requested and received in good faith a certification that the
Marketplace Facilitator is registered to collect Sales Tax and will collect Sales Tax on all Sales
subject to Tax under this Title made in or through the Marketplace Facilitator’s Marketplace.
B. If a Marketplace Seller makes a Sale that is not facilitated by a licensed Marketplace Facilitator in a
Marketplace, the Marketplace Seller is subject to all of the same licensing, collection, remittance, filing
and recordkeeping requirements as any other Retailer.
C. Auditing. With respect to any Sale, the City shall audit solely the Marketplace Facilitator for Sales made by
Marketplace Sellers or Multichannel Sellers but facilitated by the Marketplace. The City will not audit or
otherwise assess Tax against Marketplace Sellers or Multichannel Sellers for Sales facilitated by a
Marketplace Facilitator.
4-4-5: Use Tax Imposed.
4-4-5-1: Tax on Storage, Consumption and Use.
Every person who Stores, Uses, Distributes or consumes in the City any article of Tangible Personal Property,
product, or any service subject to the provisions of this Chapter is exercising a taxable privilege. The rate of Tax
shall be equal to the rate imposed in EMC § 4-4-4-2.
4-4-5-2: Exemptions to Use Tax.
A. The Tax levied by EMC § 4-4-5-1 is supplementary to the Tax levied by EMC § 4-4-4-2, and the following
transactions shall be exempt therefrom:
1. The Storage, Use or consumption of personal property, the Sale of which is subject to Sales Tax levied
by EMC § 4-4-4-2.
2. The Storage, Use or consumption of any Tangible Personal Property Purchased for resale to the City,
either in its original form or as an ingredient of a manufactured or compounded product, in the
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regular course of a Business.
3. The Storage, Use or consumption of Motor Fuel upon which there has accrued, or has been paid,
the Motor Fuel Tax prescribed by the Colorado Motor Fuel Tax Law of 1933, C.R.S. § 39-27-101 et
seq., as amended.
4. The Storage, Use or consumption of Tangible Personal Property acquired when the user or Consumer
thereof was not a Resident of the City; provided its Use or consumption is for the benefit of said user
or Consumer.
5. Storage, Use or consumption by the United States government, to the state, its departments and
institutions, and the political subdivisions thereof that are:
a. Billed directly to such governmental entities;
b. Paid directly from funds of such governmental entities; and
c. Used exclusively by such governmental entities in their governmental capacities.
6. Storage, Use or consumption by Charitable Organizations that are:
a. Billed directly to the Charitable Organization;
b. Paid directly from funds of the Charitable Organization; and
c. Used exclusively for the Charitable Organization's organizational or operational purposes.
7. The Storage, Use or consumption of Tangible Personal Property by a Person engaged in the Business
of Manufacturing, compounding for sale, profit or Use, any article, substance or commodity, when
Tangible Personal Property:
a. Is actually and factually transformed by the process of manufacture;
b. Becomes by the Manufacturing process a necessary and recognizable ingredient, component
or constituent part of the finished product; and
c. Its physical presence in the finished product is essential to the Use thereof in the hands of the
ultimate Consumer.
8. The Storage of Construction Materials.
9. Forty-eight percent (48%) of the Purchase Price of a new Manufactured Home; except that the entire
Purchase Price in any subsequent Sale of such a Manufactured Home, after it has been once subject to the
payment of Sales or Use tax under this Chapter, is exempt from taxation under this Chapter.
B. The City's Use Tax shall not apply to the sale of Tangible Personal Property at retail or the furnishing of
services if the transaction was previously subjected to a Sales or Use Tax properly and proportionately
imposed on the Purchaser or user by another municipality equal to or in excess of the Sales Tax levied in EMC
§ 4-4-4-2. A credit shall be granted against the City's Use Tax with respect to such transaction equal in
amount to the lawfully imposed local Sales or Use Tax previously paid by the Purchaser or user to another
municipality. The amount of the credit shall not exceed the Sales Tax rate in EMC § 4-4-4-2. For transactions
consummated on or before January 1, 2023, the credit applicable to the exemptions above shall not exceed
three and one-half percent (3.50%).
C. The City's Use Tax shall not be imposed on the Use or consumption of Tangible Personal Property within the
City which occurs more than three (3) years after the most recent Sale of the property subject to any sales
tax within the State, if, within the three (3) years following such Sale, the property has been significantly
used within the State for the principal purposes for which it was Purchased.
D. Nothing herein shall exempt from the Tax levied by EMC § 4-4-5-3(B) the Storage, Use or consumption of any
Tangible Personal Property to be used by a Contractor for the construction of an improvement for any entity
enumerated in subsection (A)(5) above, except any Tangible Personal Property to be used by a Contractor for
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construction projects associated with any capital improvement project of any public school district, for which
bond financing has been approved by majority vote of the applicable electors of such public school district,
shall be exempt. All costs associated with municipal infrastructure projects connected to such school district
construction project(s) will be the responsibility of the public school district, and will be completed in
conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering,
utilities, and roadway access.
4-4-5-3: Payment and Collection of Use Tax.
A. Payment of Tax:
1. The Return filed under EMC § 4-4-4-7 by all Persons required to obtain a License under this Chapter
shall include information required by the City to accurately compute the amount of Use Tax due from
said Retailer for Purchases made by such Retailer for which Use Tax applies and is due at the same
frequency and on the same Return with any Sales Taxes required to be remitted.
2. All other Persons shall pay to the City the amount of any Tax due under this Section, not later than
thirty (30) days after the date said Tax becomes due.
B. Payment and Collection on Specific Items:
1. Automotive Vehicles: A Return shall be filed and Use Tax shall be paid by any Person purchasing any
new or used Automotive Vehicle, trailer or semi-trailer outside the City, with the intent to register
the same at an address inside the City, prior to registering and obtaining license plates therefor.
2. Construction Materials:
a. Any Person who shall build, construct or improve any building, dwelling or other structure or
improvement to Realty whatsoever (including but not limited to structures, and site work such as
landscaping, utility infrastructure, curb/gutter installation, parking lot resurfacing, etc.) within the
City shall pay as a deposit for payment of the Tax levied by EMC § 4-4-5-1 an amount equal to one
of the following: three and eighty-hundredths percent (3.8%) of fifty percent (50%) of the
estimated cost or total contract Price of the structure improvement or three and eighty-
hundredths (3.8%) of forty percent (40%) of the estimated cost of the improvement to Realty
(other than to the structure).
b. Payment of the deposit shall be made upon the application for any necessary permit to undertake
the activities described above.
c. If the estimated cost or the total contract Price of the improvement to Realty is in excess of three
million dollars ($3,000,000.00) or a higher amount set by City Council, the City Manager’s designee
upon request and in their sole discretion, may authorize a waiver of said deposit and instead accept
payment of Use Tax at set intervals, based upon actual Purchases of materials, supplies and
equipment for such Tax may be due, subject to City adopted regulations.
d. Within sixty (60) days of the date of final inspection by the City’s building official, if no certificate
of occupancy will be issued, or on the date the certificate of occupancy is issued, the Taxpayer may
submit a request for a refund to the City with the cost of materials as verified by records kept
pursuant to EMC § 4-4-4-6. The Taxpayer will be allowed one thirty (30) day extension of time, if
the Taxpayer requests the extension prior to the expiration of the sixty (60) day deadline.
e. The application shall include all necessary documentation evidencing the overpayment of Tax and
any other documentation or information required by the City.
f. Upon review of the application, if the City is satisfied that there has been such overpayment, it
shall refund such overpayment to the Taxpayer within a reasonable time.
g. The City may examine all books and records pertaining to the payment of Use Tax under this
Section for up to three years after City issuance of certificate of completion/occupancy to
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determine actual Taxes due on Construction Materials.
3. Construction Equipment:
a. Construction Equipment located within the City for more than thirty (30) consecutive days shall
be subject to the City’s full Use Tax.
b. Construction Equipment located within the City for thirty (30) consecutive days or less shall be
subject to the City's Use Tax as follows: the Purchase Price of the equipment shall be divided by
twelve (12), and the result shall be multiplied by three and eighty-hundredths percent (3.8%).
i. If Subsection (B)(3)(b)above is applicable , the credit provisions of EMC § 4-4-5-2(B) shall
apply at such time as the aggregate Sales and Use Taxes legally imposed by and paid to other
municipalities on any such equipment equal three and eighty-hundredths percent (3.8%).
ii. To establish the applicability of Subsection (B)(3)(b) above, the Taxpayer shall:
a). Prior to or on the date the equipment is located within the City, the Taxpayer
shall file the City’s equipment declaration form, stating the dates on which the Taxpayer
anticipates the equipment will be located within and removed from the City, a description of each
such anticipated piece of equipment, the actual or anticipated Purchase Price of each such
anticipated piece of equipment, and such other information requested by the City.
b). The Taxpayer shall file with the City an amended equipment declaration
reflecting changes in any previously filed equipment declaration within the earlier of ninety (90)
days of the change, or ten (10) days after substantial completion of the project.
c). The Taxpayer need not report on any equipment declaration any equipment for
which the Purchase Price was under two thousand five hundred dollars ($2,500.00).
c. If an equipment declaration is filed for Construction Equipment for which the customary
Purchase Price is under two thousand five hundred dollars ($2,500.00) which was brought into the
boundaries of the City temporarily for Use on a construction project, it shall be presumed the item was
Purchased in a jurisdiction having a local Sales or Use Taxes as high as three and eighty-hundredths
percent (3.8%) and that such local Sales or Use Tax was previously paid.
d. If the Taxpayer fails to comply with Subsection (B)(3)(b)(ii) above, Subsection (B)(3)(b) shall not
apply and the Taxpayer shall be subject to the provisions of Subsection 3(a) above. However, if the
Taxpayer substantially complies with the provisions of Subsection (B)(3)(b) above, that subsection shall
apply.
4-4-6: License and Tax in Addition to All Other Taxes.
The License and Tax imposed by this Chapter shall be in addition to all other licenses and taxes imposed by
law, except as specifically otherwise provided.
4-4-7: Tax Information Confidential.
A. Except pursuant to judicial order or specifically otherwise provided, the City shall not divulge information
gained from any Return filed, or from any investigation or hearing held under this Chapter.
B. Nothing in this Section shall prohibit:
1. The delivery to a Person, or to their duly authorized representative, of a copy of any Return filed.
2. The publication of statistics so classified as to prevent the identification of particular reports or
Returns and the items thereof.
3. The inspection by the City Attorney, or other City legal representatives, of the Return or other
potentially material information relating to any Taxpayer who is, or may become involved, in
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litigation with the City.
4. The Director is authorized to execute a memorandum of understanding with the State of Colorado
Department of Revenue, department of revenue of any other state, the Commissioner of the
Internal Revenue Service of the United States or a delegate, the county assessor or county treasurer
of any county, or the proper official of any county, city, or town for any exchange of information
classified under this section as confidential, provided that the governmental entity with whom the
information has been exchanged agrees to abide by the provisions of this Chapter pertaining to
confidential information.
C. Reports and filed Returns shall be retained by the City pursuant the City’s document retention schedule.
4-4-8: Reserved.
4-4-9: Sale or Purchase of Business or Property.
A. New License required. Any Sale, transfer or Purchase of an interest in a Licensed Business enterprise by
any Person, where the respective interest of the Person purchasing or selling as a result of the transaction
has changed in any degree, requires the issuance of a new License.
B. Final Return. Within fifteen (15) days after any Person, Retailer or Taxpayer (1) sells out their Business or
stock of goods or all the assets of a Business to another Person, or (2) quits Business, they shall file a final
Return and remit all Taxes due to the City.
C. Tax due on Business property. The City Tax shall be remitted on the Purchase Price paid for Tangible
Personal Property that is acquired with the Purchase, transfer of title or transfer of possession of a
Business, with the exception of items to be resold in the ordinary course of Business operations of the
new Business. The Tax shall be based on the Price paid for such chattels as recorded in the bill of sale or
agreement and constituting a part of the total transaction at the time of the Sale or transfer, provided
that the valuation is as great as or greater than the fair market value of such merchandise or chattels.
Where the transfer of ownership is a package deal made by a lump-sum transaction, the Tax shall be paid
on the book value if no separate valuation has been made. When Business ownership is transferred in
return for the assumption of outstanding indebtedness owed by former owners, the Tax shall be paid on
the fair market value of all taxable Tangible Personal Property acquired by the Purchaser or new owner.
The "sale" or "sale and purchase" of a Business does not include a bona fide gift or items under C.R.S. §
39-26-102(10).
D. Prior Taxes due. Taxes due upon the Sale of a Business or stock of goods include all Sales Taxes which
were collected or should have been collected prior to the Sale, and all Use Taxes accruing or payable prior
to the Sale.
E. Purchaser to withhold payment until Tax paid. The Purchaser or successor to the Business, stock of goods
or assets shall withhold sufficient of the purchase money to cover all of said Taxes until such time as the
former owner produces a receipt from the Finance Director’s designee showing that all Taxes, penalties,
interest, and fees owed to the City have been paid in full.
F. Purchaser liable for prior owner's unpaid Tax. The Purchaser of a Business is liable for any unpaid Tax,
penalties, interest, and fees of the prior owner. Retailers or Consumers having outstanding accounts on
which Sales or Use Tax has not been remitted must compute and pay the Tax at the time of sale.
G. Seller and seller's agent liable for Tax. The seller or their agent is liable for Tax remittance on the Sale of
the Business in the event the Purchaser fails to remit the Tax due on the Purchase.
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H. Seller and Purchaser are both liable. Until all Taxes, penalties, interest and fees due to the City are paid in
full, both the former owner and the Purchaser shall remain personally liable thereon and subject to all
collection proceedings available under this Chapter. Action by the City against the former owner shall not
prevent the exercise by the City of all remedies available under law against the successor owner.
I. Delinquent Taxes a lien on property. Any Person who takes or Purchases personal or real property under
lease, title-retaining contract or other contract arrangement, by Purchase, foreclosure sale or otherwise,
takes the same subject to the lien for any delinquent Taxes owed by the original owner and shall be liable
for the payment of all delinquent Taxes, interest, penalties, fees, and Collection Costs of such prior owner,
not however, exceeding the value of the property so taken or acquired. Any Person who takes title to or
possession of any real property upon which a Tax is owed takes said property subject to the lien for said
delinquent Tax and shall be liable for the payment thereof to the extent of the Tax, interest, penalties and
Collection Costs.
4-4-10: Refunds.
A. Generally. A refund shall be made for the Tax so paid under dispute by any purchaser or if the amount
paid through a tax return is greater than the amount due. Interest shall not be paid on refunds or
overpayments. Such refund shall be made by the Director upon entitlement thereto shown by the
applicant and only after compliance with the following conditions:
a. A Taxpayer may seek a refund of Taxes paid in error within three (3) years after the date the Tax
was paid or should have been paid, whichever is earlier, the filing was due, or the date of
Purchase of the goods for which the refund is claimed. The refunded amount will be net of any
other outstanding Taxes owed.
b. Applications made for overpayment related to the Use Tax deposit paid through a building
permit shall be filed within sixty (60) days from the issuance of certificate of occupancy or final
inspection or whichever comes later.
B. Decisions. Upon receipt of such affidavit, invoice or receipt, and application, the Director shall examine
the same and shall give notice to the applicant by an order in writing of its decision thereon.
C. Petition. An applicant may, within thirty (30) days from the date of the decision to deny or reduce their
claim for a refund, petition the Director in writing for review of the decision in the manner provided in
EMC § 4-4-13.
D. Refunds not assignable. The right of any Person to a refund under this chapter shall not be assignable, and
application for refund must be made by the same person who purchased the goods and paid the tax
thereon as shown in the invoice for the sale thereof.
E. Penalty for violating refund provisions. No applicant for a refund under the provisions hereinabove, nor
any other person, shall make any false statement in connection with an application for a refund of any
Tax.
F. Violations of refund provisions to be used as evidence of fraudulent intent. If any person is convicted of
violating this Section, the proof of such conviction shall be prima facie evidence of fraud by that person in
any appropriate action brought or taken for recovery of other refunds made by the Director to such
person within the prior three (3) years to the conviction. A brief summary of the penalties for violations of
this Chapter shall be printed on each form issued by the Director for application for a refund.
G. Intercity Claims for recovery. The intent of this Section is to streamline and standardize procedures
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related to situations where tax has been remitted to the incorrect municipality. It is not intended to
reduce or eliminate the responsibilities of the Taxpayer or vendor to correctly pay, collect and remit Sales
Tax and Use Tax to the City.
a. When the Director determines that Sales Tax or Use Tax owed to the City has been reported and
paid to another municipality, the City shall promptly notify the vendor that taxes are being
improperly collected and remitted and that, as of the date of the notice, the vendor must cease
improper tax collections and remittances. The City may make a written Claim for Recovery
directly to the municipality that received tax and/or penalty, and interest owed to the City or, in
the alternative, may institute procedures for collection of the tax from the Taxpayer or vendor.
The decision to make a Claim for Recovery lies in the sole discretion of the City. Any Claim for
Recovery shall include a properly executed release of claim from the Taxpayer and/or vendor
releasing their claim to the taxes paid to the wrong municipality, evidence to substantiate the
claim, and a request that the municipality approve or deny, in whole or in part, the claim within
ninety (90) days of its receipt. The municipality to which the City submits a Claim for Recovery
may, for good cause, request an extension of time to investigate the claim, and approval of such
extension by the City shall not be unreasonably withheld.
b. Within ninety (90) days after receipt of a Claim for Recovery, the City shall verify to its
satisfaction whether or not all or a portion of the tax claimed was improperly received, and shall
notify the municipality submitting the claim in writing that the claim is either approved or denied
in whole or in part, including the reasons for the decision. If the claim is approved in whole or in
part, the City shall remit the undisputed amount to the municipality submitting the claim within
thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or
Taxpayer, the check shall be made to the parties jointly. Denial of a Claim For Recovery may only
be made for good cause.
c. The City may deny the claim on the grounds that it has previously paid a Claim for Recovery
arising out of an audit of the same Taxpayer or if the claim is outside of the statute of limitations.
d. The period subject to a Claim for Recovery shall be limited to the thirty-six-month period prior to
the date the municipality that was wrongly paid the tax receives the Claim for Recovery. This
period may be extended only if a written document was approved by the Director and Taxpayer
to toll the running of this thirty-six-month period.
4-4-11: Estimated Taxes, Examination and Assessment Thereof.
A. The Director is authorized to examine, inspect and audit the books, invoices, accounts and other records
kept or maintained by the Taxpayer for the collection or payment of the taxes imposed by this Chapter. If
the Director determines that any Taxpayer neglects or refuses to make a timely Return in payment of the
taxes or to pay or to correctly account for any taxes as required by this Chapter, the Director shall make
an estimate, based upon such information as may be available, with or without employing investigative
powers vested in the Director by this Chapter, of the amount of the taxes due for the period or periods for
which the Taxpayer is delinquent; and upon the basis of such estimated amount, compute and assess in
addition thereto a penalty equal to ten (10) percent thereof, together with the interest on such
delinquent taxes at the rate of one (1) percent each month, or a fraction thereof, from the date when due
until the date paid.
B. Promptly thereafter the Director shall notify the delinquent Taxpayer in writing and demand payment
thereof of such estimated taxes, penalty and interest by issuing a Notice of Final Determination;
Assessment and Demand for Payment.
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C. Such estimated amounts shall thereupon become an assessment, and such assessment shall be final and
due and payable from the Taxpayer to the City thirty (30) days from the date of the notice and demand;
provided, however, that within said thirty-day period the delinquent Taxpayer may petition the Director
in writing for review of the assessment in the manner provided in EMC § 4-4-13. The filing of a petition
shall not toll the accrual of interest on the amount of taxes due.
D. Interest and penalty assessment. Interest and penalties shall be paid upon notice and demand, and shall
be assessed, collected and paid in the same manner as the Tax to which it is applicable. If any portion of a
Tax is satisfied by credit of an overpayment, no interest or penalty shall be imposed under this Section on
the portion of the Tax so satisfied. A penalty equal to the greater of the sum of fifteen dollars ($15.00) or
ten percent (10%) thereof, and interest is calculated on such delinquent taxes at the rate of one percent
(1%) per month from the date when due.
E. Penalty for fraud. If any deficiency in taxes paid is due to fraud with the intent to evade the Tax, there
shall be added, instead of the penalty prescribed in Subsection (D) above, a penalty of fifty percent (50%)
of the total amount of the deficiency to the assessment required by Subsection (A) above. Interest shall
accrue and be collected at a rate of one percent (1%) per month on the amount of such deficiency from
the time the return was due.
F. Director may waive penalty. The Director is hereby authorized to waive, for good cause shown, any
penalty assessed as provided in this Chapter. In case of waiver of penalty, the interest shall be deemed a
penalty. If the Director finds that a Taxpayer has, in good faith, paid Tax to a vendor, the Director is
hereby authorized to abate the interest and penalty in its entirety.
4-4-12: Audit Procedures.
A. The Director, City staff or a contract auditor as designated by the Director, may, at any time within three
years of the date the Tax was due or the certificate of occupancy date, for the purpose of ascertaining the
correct amount of Tax due from any Return, construction permit or construction equipment declaration,
conduct an audit by examining any relevant books, accounts, and records of the responsible party and by
interviewing the Taxpayer and the Taxpayer's officers, agents, and employees. The periods to be audited
may be extended pursuant to EMC § 4-4-17(C).
B. Coordinated Audit Procedures.
1. Any Taxpayer licensed in this City pursuant to this Chapter, and holding a similar Sales Tax license
in at least four (4) other Colorado municipalities that administer their own Sales Tax collection,
may request a coordinated audit as provided herein.
2. Within fourteen (14) days of receipt of notice of an intended audit by any municipality that
administers its own Sales Tax collection, the Taxpayer may provide the City, by certified mail,
return receipt requested, a written request for a coordinated audit indicating the municipality
from which the notice of intended audit was received and the name of the official who issued
such notice. Such request shall include a list of those Colorado municipalities utilizing local
collection of their Sales Tax in which the Taxpayer holds a current Sales Tax license and a
declaration that the Taxpayer will sign waiver of any passage-of-time base limited upon this City's
right to recover Tax owed by the Retailer or Taxpayer for the audit period.
3. Except as provided in Subsection (B)(7) below, any Taxpayer that submits a complete request for
a coordinated audit and promptly signs a waiver of EMC § 4-4-17, may be audited by this City
during the twelve (12) months after such request is submitted only through a coordinated audit
involving all municipalities electing to participate in such an audit.
4. If this City desires to participate in the audit of a Taxpayer that submits a complete request for a
coordinated audit pursuant to Subsection (B)(3) above, the City shall so notify the municipality
whose notice of audit prompted the Taxpayer's request within ten (10) days after receipt of the
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Taxpayer's request for a coordinated audit. The City shall then cooperate with other participating
municipalities in the development of arrangements for the coordinated audit, including
arrangements of the time during which the coordinated audit, including arrangements of the
time during which the coordinated audit will be conducted, the period of time to be covered by
the audit, and a coordinated notice to the Taxpayer of those records most likely to be required
for completion of the coordinated audit.
5. If the Taxpayer's request for a coordinated audit was in response to a notice of audit issued by
this City, this City shall facilitate arrangements between it and other municipalities participating
in the coordinated audit unless and until an official from some other participating municipality
agrees to assume this responsibility. The City shall cooperate with other participating
municipalities to, whenever practicable, minimize the number of auditors that will be present on
the Taxpayer's premises to conduct the coordinated audit on behalf of the participating
municipalities. Information obtained by or on behalf of those municipalities participating in the
coordinated audit may be shared only among such participating municipalities.
6. If the Taxpayer's request for a coordinated audit was in response to a notice of audit issued by
this City, this City shall, once arrangements for the coordinated audit between it and other
participating municipalities are completed, provide written notice to the Taxpayer of which
municipalities will be participating, the period to be audited and the records most likely to be
required by participating municipalities for completion of the coordinated audit. The City shall
also propose a schedule for the coordinated audit.
7. The coordinated audit procedure set forth in this Section shall not apply:
a. When the proposed audit is a jeopardy audit;
b. When a Taxpayer refuses to promptly sign a waiver of EMC § 4-4-17; or
c. When a Taxpayer fails to provide a timely and complete request for a coordinated audit
as provided in Subsection (B)(2) above.
4-4-13: Tax Hearings and Appeals.
A. Request for hearing. Any Taxpayer may request a hearing on any proposed Tax within thirty (30) calendar
days of receiving from the Director a Notice of Final Determination; Assessment and Demand for
Payment; or a Denial of Refund. The request for hearing shall set forth the Taxpayer's reasons for and the
requested changes in the Director’s determination.
B. Hearing time and place. The Director shall notify the Taxpayer in writing of the time and place for such
hearing thirty (30) calendar days prior thereto, unless the Taxpayer requests shorter notice or an
extension of time.
1. In no event shall the hearing be held more than one hundred eighty (180) days after the Director's
receipt of request for a hearing, unless the Taxpayer and Director agree in writing: (1) that the
hearing shall be held and a decision issued within such further agreed time; or (2) that no hearing
shall be held before the City Manager, in which case, the Taxpayer may pursue further review in
accordance with Subsection (F) of this Section.
2. If none of the events described in Subsection (B)(1) of this Section have occurred, the Director may
notify the Taxpayer in writing that the Director does not intend to conduct a hearing, in which case,
the Taxpayer may pursue further review in accordance with Subsection (F) of this Section.
C. If none of the events described in Subsections (B)(1) or (B)(2) of this Section have occurred, the Taxpayer
may pursue further review in accordance with Subsection (F) of this Section any time after one hundred
eighty (180) days or such further agreed time has passed.
D. Time limitation on request for hearing. After the expiration of thirty (30) calendar days from the date that
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the Director’s Notice of Final Determination; Assessment and Demand for Payment, or Denial of Refund is
sent; if the Tax has not been paid; ; if no request for hearing has been filed with the Director; or if a
request for hearing has been filed but no written brief has been filed by the Taxpayer, then the Director’s
Notice of Final Determination; Assessment and Demand for Payment or Denial of Refund shall constitute
a final determination. The Director may promptly take necessary steps to collect all amounts owed. The
Taxpayer shall have no further right to a hearing, trial or appeal on the facts of the case.
E. Director may adjust Tax under question. Based on the evidence presented at any hearing or filed in
support of the Taxpayer's contentions, the Director may modify or abate in part or in full the Tax and the
interest and penalty related to such tax questioned at the hearing or may approve a refund.
F. De novo review or appeal. The Taxpayer may proceed to have a final order or decision of the Director
involving Sales Tax or Use Tax imposed by this Chapter reviewed under the procedures set forth in C.R.S. §
29-2-302, within thirty (30 days) with the Executive Director of the Colorado Department of Revenue.
G. Review of order or decision involving any lodging or excise tax imposed in this Chapter. Should the
Taxpayer be aggrieved by a final order or decision of the Director involving lodging or other excise taxes,
the Taxpayer may proceed to have the same reviewed under Colorado Rules of Civil Procedure 106(a)(4)
by the district court for the second judicial district of the state. The petition or complaint for review must
be filed within thirty (30) days from the date of the final order or decision. Any party, including the City,
may appeal the final order or decision of the Director and, also, the decision of the district court (or other
tribunal having jurisdiction), using all judicial, appellate, and extraordinary proceedings available. Before
filing a petition or complaint for review under Colorado Rules of Civil Procedure 106(a)(4), the Taxpayer
shall file with the Director a bond in twice the amount of the taxes, interest and other charges audited
and stated in the final order or decision of the Director, with surety as is provided in other cases of appeal,
or may deposit lawful money of the United States in the same manner as herein provided.
H. Tax due date after hearing. Unless an appeal is taken as provided above, the Tax, together with interest
thereon and penalties, if any, shall be paid within thirty (30) days after the hearing determination notice is
sent by the Director to the Taxpayer.
4-4-14: Unpaid Tax a Prior Lien.
A. The Taxes imposed by EMC § 4-4-5-1 shall constitute a first and prior lien upon any Tangible Personal
Property, real property and inventory owned or used which is the subject of any transaction upon which said
Tax is due, until said Taxes are paid in full.
B. The Taxes imposed by EMC § 4-4-4-2 shall be a first and prior lien upon the goods, fixtures, inventory and
real property owned or Used by any Retailer required by EMC § 4-4-4-7 to submit a Return and make
payment of the Taxes collected, until said Taxes are paid in full.
C. The liens created by Subsections (A) and (B) above shall be construed to be liens and encumbrances upon the
specific items of personal property, goods, Business fixtures, real property and inventory therein
enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature
and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof.
These liens shall arise upon the day the Tax becomes due and payable and shall be extinguished by the
operation of law when the Tax is paid in full, including any interest, penalty and Collection Costs.
4-4-15: Enforcement of Taxes and Foreclosure of Liens.
A. If any Taxes, penalty or interest imposed by this Chapter and shown due by Returns filed by the Taxpayer, or
as shown by assessment duly made as provided herein, are not paid within thirty (30) days after the same
are due, the City may issue a warrant under its official seal directed to any duly authorized revenue collector,
or to the sheriff of any county in this State commanding them to levy upon, seize and sell sufficient personal
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property, real property and inventory of the Tax debtor which is subject to the liens created by EMC § 4-4-14
found within that county for the payment of the amount due, together with interest, penalties and costs.
B. Simultaneously with the issuance of said warrant, the City shall issue a notice of Tax lien, setting forth the
name of the Taxpayer, the amount of the Tax, penalties, interest and costs, the date of the accrual thereof,
and that the City claims a first and prior lien therefor on the Tangible Personal Property, real property and
inventory of the Taxpayer subject to said liens.
C. Such notice shall be verified and shall be with the clerk and recorder of any county in this State in which the
Taxpayer owns Tangible Personal Property, real property and/or inventory subject to said liens.
D. The effective date of said lien shall be the date of the first taxable transaction for which any Tax is due,
regardless of when the notice of lien is filed.
4-4-16: Notices Sent by Mail.
Any notice required to be given to any Taxpayer or the agent or personal representative of the estate of any
Taxpayer shall be sufficient if mailed, postpaid by first-class mail to the last-known address of the Taxpayer or the
agent of the Taxpayer. The first-class mailing of any notice under the provisions of this Chapter, creates a
presumption that such notice was received by the Taxpayer or agent of the Taxpayer if the City maintains a record
of the notice and maintains a certification that the notice was deposited in the United States mail by an employee
of the City. Evidence of the record of the notice mailed to the last-known address of the Taxpayer or agent of the
Taxpayer as shown by the records of the City and a certification of mailing by first-class mail by a City employee is
prima facie proof that the notice was received by the Taxpayer or agent of the Taxpayer.
4-4-17: Limitations.
A. The Taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this
Chapter shall not be assessed, nor shall any notice of lien be filed, or distraint warrant be issued, or suit for
collection be instituted, or any other action to collect the same be commenced more than three (3) years
after the date on which the Tax was or is payable. Nor shall any lien continue after such period, except for
Taxes assessed before the expiration of such period, notice of lien with respect to which has been filed prior
to the expiration of such period; in which cases such lien shall continue only for one year after the filing of
notice thereof.
B. In the case of a false or fraudulent Return with intent to evade Tax, the Tax, together with interest and
penalties thereon may be assessed, or proceedings for the collection of such Taxes may be begun at any
time.
C. Before the expiration of such period of limitation, the Taxpayer and the City may agree in writing to an
extension thereof, and the period so agreed on may be extended by subsequent agreements in writing.
4-4-18: Service Charge on Returned Checks.
If a check in payment of any License Fee, Sales or Use Tax, or Lodging Tax is returned unpaid, a processing
charge shall be added to any amount due and owing. The processing charge shall be periodically reviewed and set
by the City.
4-4-19: Unlawful Acts.
A. Advertise Absorption of Tax. No Retailer shall advertise, hold out or state to the public or to any Consumer,
directly or indirectly, that the Tax or any part thereof imposed by this Chapter will be assumed or absorbed
by the Retailer, or that it will not be added to the Sales Price of the property sold; or if added, that any part
thereof will be refunded.
B. Disregard for Rules; Penalty Assessed. If any part of a Tax Deficiency is due to negligence or intentional
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disregard of authorized rules and regulations with knowledge thereof, but without intent to defraud, there
shall be added ten percent (10%) of the total amount of the Tax Deficiency; and in such case, interest shall be
collected at the rate of one percent (1%) per month on the amount of the Tax Deficiency from the time the
Return was due, from the Person required to file the Return, which interest and addition shall become due
and payable within thirty (30) days after written notice and demand by the City.
C. Fraud; Penalty Assessed. If any part of the Tax Deficiency is due to fraud with the intent to evade the Tax,
then there shall be added fifty percent (50%) of the total amount of the Tax Deficiency, and in such case the
whole amount of the Tax unpaid, including the additions, shall become due and payable thirty (30) days after
written notice and demand by the City
D. False Statements. No Person shall willfully make, prepare or submit a Tax Return, or other document,
containing any false statement, or willfully make a false statement in any investigation or hearing, which may
affect the Tax liability of any Person.
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4-4-20: Penalty.
A. In addition to or in lieu of any other penalty or punishment prescribed in this Chapter, a fine of up to five
hundred dollars ($500) per violation, per day may be imposed for a violation of any provision of this Chapter or of
any order issued by the Licensing Officer.
B. The imposition of one (1) penalty for any violation shall not excuse the violation nor permit it to continue.
All violations shall be corrected within ten (10) days to avoid License suspension or revocation, unless an extension
is approved by the Finance Director’s designee for good cause shown. The suspension or revocation of any License
or other privileges under this Chapter shall not be a penalty for enforcement of this Chapter.
4-4-21: Officers of Corporations, Members of Partnerships, Limited Liability Companies.
In addition to the penalties provided in EMC § 4-4-2, all officers of a corporation and all members of a partnership
or a limited liability company required to collect, account for, and pay over any Tax administered by this Title who
willfully fail to collect, account for, or pay over such Tax or who willfully attempt in any manner to evade or defeat
any such Tax, or the payment thereof, are subject to, in addition to other penalties provided by law, a penalty
equal to one hundred fifty percent (150%) of the total amount of the Tax not collected, accounted for, paid over,
or otherwise evaded. Officers of a corporation or members of a partnership or a limited liability company shall be
deemed to be subject to this Section if the corporation, partnership, or limited liability company is subject to filing
Returns or paying Taxes administered by this Title and if such officers of corporations or members of partnerships
or limited liability companies voluntarily or at the direction of their superiors assume the duties or responsibilities
of complying with the provisions of any Tax administered by this Title on behalf of the corporation, partnership, or
limited liability company.
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Introduced and passed on first reading on the 19th day of May, 2025; and on second reading, in
identical form to the first reading, on the 2nd day of June, 2025.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on
first and second reading on the dates indicated above; and published two days after each passage
on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become
effective thirty (30) days after first publication on the City’s official website.
Stephanie Carlile
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