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HomeMy WebLinkAboutbocc.ord.026.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING TITLE 6 HEALTH AND SAFETY, SECTION 6.42 OF THE PITKIN COUNTY CODE REQUIRING RETAILERS WHO SELL TOBACCO PRODUCTS TO OBTAIN A TOBACCO PRODUCT RETAIL LICENSE ORDINANCE NO. 026-2023 RECITALS: 1. The Pitkin County Board of County Commissioners is committed to protecting the health, safety, and welfare of people in the County. 2. Cigarettes, Tobacco Products and Nicotine Products, collectively tobacco products, are intended to be both enticing and addictive promoting use leading to dependence. 3. Approximately 95% of people who smoke began smoking before the age of twenty-one (21) and young people frequently transition from experimentation with tobacco products to addiction between the ages of eighteen (18) and twenty (20). 4. Nicotine exposure during childhood and adolescence effects brain development predisposing young people to addiction and disrupting learning, memory development and cognition. 5. To effectively regulate the sale of tobacco products in retail environments a license is required for retailers choosing to sell tobacco products to ensure that age -restricted tobacco products are not sold to persons who are under twenty-one (21). 6. The requirement for retailers who sell tobacco products to obtain a tobacco product retail license will not unduly burden legal business activities of retailers who sell tobacco products to adults. 7. Pitkin County's authority to enact this ordinance is found in the body of Colorado Revised Statutes and in particular §§ 30-11-103; 30-11-101(2); 18-13-121; and 30-15-401. 8. The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of persons in Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a new section of the Pitkin County Code being Title 6, Health and Safety, Section 6.42 titled "Pitkin County Tobacco Licensing Requirements" and authorize the Chair or the Chair's designee to sign the Ordinance upon the satisfaction of the County Attorney as to form. The contents of this new Code Section shall be in a form substantially similar to Attachment "A" to this Ordinance. 1 ATTACHMENT "A" 6-42 TOBACCO PRODUCT RETAIL LICENSE 6-42-010 Legislative Intent and Purposes The Board of County Commissioners (BOCC) finds that the use of cigarettes, tobacco products and nicotine products, collectively tobacco products, is prevalent among young people in Pitkin County. Tobacco product use among young people creates and maintains a significant health threat in the County for young people and the adult population as today's young people mature. The BOCC finds that this public health threat requires permanent regulation in the form of a retail license to ensure that retailers who choose to sell age -restricted tobacco products in the County do not sell tobacco products to persons who are under -aged. The purpose of this Ordinance is to establish a tobacco product retail licensing system in the County to ensure compliance with the business standards and practices, to encourage responsible tobacco product retailing and discourage violations of tobacco product sales laws that prohibit tobacco product sales to persons under twenty-one (21) years of age. 6-42-020 Title Tobacco Product Retail License. 6-42-030 Authority. C.R.S. § 18-44-7-104.5. License Required — Fees — Rules. C.R.S. § 18-13-121. Furnishing Cigarettes, Tobacco Products or Nicotine Products to Persons Under Twenty -One Years of Age. C.R.S. § 30-11-101. Powers of Counties. C.R.S. § 30-11-103. Commissioners to Exercise Power of County. C.R.S. § 30-15-401. County Powers -Regulation Under Police Powers. C.R.S. § 30-15-410. County Courts -Jurisdiction. C.R.S. § 30-15-411. Conflicts with State Statutes. C.R.S. § 39-22-623. Disposition of Collections -Definitions. C.R.S. § 44-3-103. Alcohol and Tobacco Regulations -Definitions. C.R.S. § 44-7-103. Sale of Cigarettes, Tobacco Products or Nicotine Products to Persons Under Twenty- One Years of Age or in Vending Machines -Prohibited -Warning Sign -Small Quantity Sales Prohibited. 2 6-42-040 Applicability. This Ordinance shall apply in the unincorporated areas of Pitkin County. 6-42-050 Definitions. The words and phrases used in this Section shall have the meanings ascribed to them herein. Any undefined terms used in this Ordinance shall have their accepted definitions under Colorado law. 1. Arm's Length Transaction. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of violations of this regulation is not an arm's length transaction. 2. Board. The Board of County Commissioners for Pitkin County (BOCC). 3. Cigar. Any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any other substance containing tobacco. For purposes herein, cigar includes, but is not limited to tobacco products known as "cigar," cigarillo," or "little cigar." 4. Cigarette. Any product that contains tobacco or nicotine, that is intended to be burned or heated under ordinary conditions of use, and consists or contains: a. Any roll of tobacco wrapped in paper or any other substance not containing tobacco; b. Tobacco in any form that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to or purchased by consumers as a cigarette; or c. The term includes all "roll your own," i.e., any tobacco that, because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. 5. Consumer. A person who purchases tobacco products not for resale to another. 6. County. Unincorporated areas of Pitkin County. 7. Department. The Pitkin County Public Health Department, and any agency or individual designated by the BOCC to enforce the provisions of this regulation. 8. Electronic Smoking Device (ESD). Any product that contains or delivers nicotine, synthetic or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product and includes but is not limited to a product manufactured, distributed, marketed, or sold as an e-cigarette, e cigar, e-pipe, e-hookah, or vape pen or any other product name or descriptor. Electronic smoking device includes, but is not limited to, any refill, cartridge or component part of a 3 product, whether or not marketed or sold separately. Electronic smoking devices do not include a humidifier, an inhaler, nebulizer, or similar device approved by the Federal Food and Drug Administration for the delivery of medication. 9. Labeling. Any written, printed or graphic matter upon any tobacco product or any of the product's packaging or accompanying a tobacco product. 10. License. A tobacco product retailer license. 11. Licensee. Any person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation who owns, operates, or manages any tobacco retail establishment. 12. Licensing Authority. The County licensing administrator means the Pitkin County Administration Department. 13. Minimum Legal Sales Age (MLSA). Means twenty-one (21) years of age. 14. Nicotine. An addictive, poisonous chemical derived from tobacco or created synthetically intended for human consumption, whether by vaporizing, chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, aerosolizing or by any other means. 15. Person. Any natural person, partnership, cooperative association, corporation, limited liability company, personal representative, receiver, trustee, assignee or other legal entity. 16. Sale or Sell. Means any of the following; to exchange, barter, or traffic in; to solicit or receive an order for; to keep or expose for sale; to deliver for value or in any way other than gratuitously; to peddle or to possess with intent to sell; to traffic in for any consideration promised or obtained, directly or indirectly. 17. Self -Service Display. The open display or storage of a tobacco product(s) in a manner that is physically accessible to the general public without the assistance of the licensee or an employee or agent of the licensee (licensee) and a direct transfer between the licensee and a consumer. A vending machine is a form of a self-service display. 18. Tobacco Paraphernalia. An item designed for the consumption, use, or preparation of a tobacco product. 19. Tobacco Product means and includes: a. Any product that contains, is made or derived from nicotine, tobacco or synthetic nicotine and is intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. b. An Electronic Smoking Device (ESD); c. Any provision of subsections (a) and (b) above to the contrary, "tobacco product" includes any component, part, accessory or associated tobacco paraphernalia of a 4 tobacco product whether or not sold separately. d. The term "tobacco product" does not include: 1. Any product specifically approved by the United States Food and Drug Administration as a cessation product for use in reducing, treating or eliminating tobacco or nicotine dependence, for use in mitigating or treating disease or for any other medical purpose when such product(s) is being marketed and sold solely for such an approved purpose; or 2. Marijuana as defined in the Colorado Marijuana Code 44-10-101 et seq., C.R.S. 20. Tobacco Product Retailer. Any business that sells, offers for sale, or does or offers to exchange for any form of consideration a tobacco product without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. 21. Tobacco Product Retailing. Any person who engages in the sale of tobacco products directly to the public from any store, stand, booth, concession, outlet, vehicle, cart, vending machine, structure or any grounds or any other enterprise that sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products. 22. Tobacco Product Retail Location. Any fixed location where tobacco products are offered for sale or exchange for any form of consideration without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. 23. Vapor Product: Any product intended for use with an electronic smoking device (ESD) including, but not limited to, refills, cartridges and component parts of a product, whether or not sold separately, that provides, delivers, or is intended to provide or deliver a vapor, a vapor of solution, a particulate or vaporized substance or aerosol of a solution, even if the product is marketed as containing synthetic nicotine or is nicotine -free. 24. Vending Machine. A mechanical, electrical, or electronic self-service device which upon the insertion of money, tokens or any other form of payment dispenses tobacco product(s). 6-42-060 License Requirements. 1. License Required. It shall be unlawful for any person to act as a tobacco product retailer without first obtaining and then maintaining a tobacco product retail license for each location where tobacco product retailing occurs. 2. Applicable Laws. Each applicant and licensee is responsible to be informed regarding all laws applicable to tobacco product retailing, including those laws affecting the issuance of a tobacco product retail license. 3. Display of License. Each tobacco product retail license shall be prominently displayed on the premises in a publicly visible location at all times. 4. Minimum Age for Handling Tobacco Products. No person younger than eighteen (18) 5 years of age shall sell, stock, retrieve or other otherwise handle tobacco products during the course of employment on the premises of a licensed retailer. 5. Minimum Legal Sales Age. Tobacco products shall not be given, sold, distributed, dispensed or offered for sale to any person under twenty-one (21) years of age. 6. Signage Requirements. The licensee shall display at all times a warning sign in a prominent location on the licensed premises with dimensions at a minimum three (3) inches high and six (6) inches wide, that reads as follows: WARNING IT IS ILLEGAL TO SELL CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE. STATE LAW REQUIRES THAT, TO PURCHASE CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS AT THIS RETAIL LOCATION, A PERSON FIFTY YEARS OF AGE OR YOUNGER MUST PRESENT A VALID GOVERNMENT -ISSUED PHOTOGRAPHIC IDENTIFICATION AT THE TIME OF PURCHASE. 7. Requirements of Positive Identification. No person engaged in Tobacco Product Retailing shall sell or transfer a tobacco product(s) to another person without first examining the valid, government issued, photographic identification of the recipient to confirm that the individual is at least twenty-one (21) years of age. 8. Other Licenses. A license issued pursuant to this Ordinance does not eliminate the need for a licensee to obtain other required licenses related to the operation of the licensed business. 6-42-070 Prohibitions. 1. Lawful Business Operation. In the course of tobacco product retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this Ordinance for a licensee, or any of the licensee's employees or agents to violate any local, state, or federal law applicable to tobacco product retailing. 2. License Non -Transferrable. A tobacco product retail license cannot be assigned, delegated, sold, inherited, or otherwise transferred between persons or transferred to a different location. a. No licensee shall exercise the privileges of any other license or delegate the privileges of the license. b. When a license has been issued to spouse or general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license for the remainder of the term of that license. All rights and privileges granted under the original license shall 6 continue in full force and effect as to such survivors for the balance of the term of the license. 3. Mobile Vending Prohibited. No license shall be issued to authorize tobacco product retailing at a location other than a permanent fixed location described in the license and approved by the licensing authority. 4. Distance from Schools. The licensing authority shall not approve a tobacco product retail license application for a new retail location that is located within five hundred (500) feet of a school after the effective date of this Section. a. A retail location where tobacco products were sold prior to the effective date of this Ordinance need not comply with this distance requirement. b. The distance between a new tobacco product retail location and the school is measured from the nearest property line of land used for school purposes to the nearest portion of the building where tobacco products are sold, using a route of direct pedestrian access. 5. Packaging and Labeling. No tobacco product retailer shall sell tobacco products to any consumer unless the tobacco product: a. Is sold in the original manufacturer's packaging intended for sale to consumers; and b. Conforms to all federal labeling requirements. 6. Self -Service Displays Prohibited. Tobacco product retailing by means of a self-service display is prohibited. a. Licensees shall stock and display tobacco products in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct, face-to-face exchange of the tobacco product with the licensee, or an employee or agent of the licensee to the consumer. 7. Outdoor Advertising of Electronic Smoking Device Products Prohibited. A retailer shall not advertise an electronic smoking device product in a manner that is visible from outside the retail location at which the product is offered for sale. 6-42-80 Limits on License Eligibility. 1. Number of County Licenses Limited. The maximum number of active tobacco product retail licenses issued in the County is limited to four (4) licenses. a. The licensing authority has discretion about the approval or denial of any new tobacco product retail license application in the event that any one of the four (4) previously issued licenses is either not renewed by the licensee or 7 revoked by the County. 2. Age of License Applicant. All applicants for a license shall be at least twenty-one (21) years of age. 3. License Eligibility After Revocation. A person or entity may not apply for a license for two years (2) after revocation of a tobacco product retail license. 6-42-090 License Application. 1. Application Form. All license applications shall be submitted on a form supplied by the licensing authority that contains the following information: a. The name, address, and telephone number of each applicant seeking a license; b. The business name, address, and telephone number of the location where a license is sought; and c. The name and mailing address authorized by each applicant authorized to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this Section. If an authorized address is not supplied, the applicant shall be understood to consent to the provision of notice at the business address specified in subsection (b) above. 2. Additional Information. If the licensing authority requests the applicant to provide information determined to be reasonably necessary in connection with the investigation and review of the application, the applicant shall provide such information within five (5) business days of the licensing authority's request unless the licensing authority agrees to a longer period of time. 3. Conditional Approval. The licensing authority shall conditionally approve or deny an application within thirty (30) days of the receipt of a completed application unless, by written notice to the applicant, the decision period is extended for an additional ten (10) days if necessary for the licensing authority to complete the review of the application. 6-42-100 Issuance of License. 1 Upon receipt of an application, the licensing authority shall review the application and may issue a license to the applicant to operate as a tobacco product retailer if the licensing authority determines that: a. The application (including any required attachments and submissions) is complete, signed by the applicant, and includes additional information as may be required by the licensing authority 1. In addition to the standards terms and conditions, the licensing authority shall have the authority to impose such additional 8 reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this article and other applicable law; and b. The applicant has paid the required application fee; and c. The application does not contain a material falsehood or misrepresentation; and d. Approval of the application will not endanger public health or safety; and e. Approval of the application will not exceed the maximum number of four (4) tobacco retail licenses allowed in the County. 2. No applicant may rely on the issuance of a license as a determination by the County that the applicant has complied with all laws related to tobacco product retailing. 3. Nothing in this Ordinance shall be construed to vest in any person obtaining and maintaining a tobacco product retail license any status or right to act as a tobacco product retailer in contravention of any provision of law. 6-42-110 Denial of License. 1. The licensing authority shall not issue a license if evidence demonstrates that one or more of the following bases for denial of the application exists: a. The granting of the application exceeds the maximum number of four (4) active tobacco product retail licenses allowed in the County; and b. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of these regulations; and c. The application seeks authorization for a tobacco product retail license at a location where these regulations prohibit issuance of a license; and d. The application seeks authorization for a tobacco product retail license from an applicant for whom these regulations prohibit a license from being issued; and e. The application seeks authorization for tobacco product retailing that is prohibited pursuant to these regulations or that is unlawful pursuant to any other law. 2. If an application is denied, the licensing authority shall notify the applicant in writing about the grounds for denial by regular mail, postage prepaid, to the address shown in the application. Notice is deemed to have been properly given upon mailing. 9 6-42-120 License Term, Renewal and Expiration. 1. License Term. All tobacco product retail licenses issued are for the term of one (1) year. 2. Renewal of License. A licensee shall apply for the renewal of the license on a form supplied by the licensing authority and submit the renewal fee no later than thirty (30) days prior to expiration of the license term. a. The licensing authority shall renew the license prior to the end of the term, provided that the renewal application and fee are timely submitted, and the licensing authority is not aware of any factor circumstance that would have prevented issuance of the original license or issuance of the renewal the license may be renewed. 3. Late Renewal Fee. A licensee who fails to apply for the renewal of the license or fails to submit the renewal license fee thirty (30) days prior to the expiration of the current license term shall pay a late renewal fee. 4. Fees Paid. The licensing authority shall not renew any license issued under this Section unless all applicable fees, including late fees, have been paid. 5. Expiration of License. A license that is not timely renewed shall expire at the end of its term. Failure to timely obtain a renewal of a license requires submission of a new license application and payment of the fee for a new license. There shall be no sale of any tobacco product(s) after the license expiration date and before a new license is issued. 6-42-130 Fees. 1. All applicants shall pay the license fees as indicated below: a. New tobacco product retail license, two hundred and ninety dollars ($ 290.00); b. Renewal of a tobacco product retailer license, two hundred and ninety dollars ($ 290.00); c. Late renewal of a tobacco product retail license, one hundred dollars ($100). Such late fee shall be in addition to the renewal fee. 2. Fees are nonrefundable except as required by law. 3. No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. 6-42-140 Compliance Monitoring. 1. Compliance monitoring of this Section shall be by the Department, as the Department deems appropriate. 10 2. The Department shall conduct at least two (2) compliance checks per licensee per license term. 3. Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if the tobacco product retailer is conducting business in a manner that complies with laws regulating access to tobacco products. When the Department deems appropriate, the compliance checks may determine compliance with other laws applicable to tobacco products. 4. Any licensed location that receives a compliance monitoring violation must be rechecked for compliance by the Department or other designee determined by the County for compliance within forty-five (45) days of the violation. 5. The Department shall report compliance check results to the licensing authority. 6. A database of compliance check results shall be maintained by the Department. 7. Nothing in this subsection shall create a right of action in any licensee or other person against the County, the Department or their agents and officers. 6-42-150 Enforcement. 1. The remedies provided by this Section are cumulative and in addition to any other remedies available at law or in equity. 2. Causing, permitting, aiding, abetting, or concealing a violation of any (provision of this chapter is unlawful and shall cause the offender to be subject to the general penalty provisions of the County Code. 3. Violations of this section are hereby declared to be public nuisances. 4. In addition to other remedies provided herein or by other law, any violation this Section may be remedied by a civil action brought by the County attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. 6-42-160 Compliance with Section 39-22-623 C.R.S. This Chapter is not nor shall not be construed in any way as imposing a tax on any person as a condition for engaging in the business of selling cigarettes. If any part of this Section is found to impose a tax as a condition for engaging in the business of selling cigarettes, then that part shall be deemed void. 6-42-170 Penalties, Suspension or Revocation of License. 1. The following shall be grounds for suspension or revocation of a license: 11 a. A violation by a licensee or licensee's employees or agents, or employees of any of the provisions of this Section, or any laws of the State of Colorado or ordinances of the County relating to the sale or furnishing of nicotine or tobacco products, or the storage or display of nicotine or tobacco products, including, without limitation, C.R.S. §§ 30- 11-103; 30-11-101(2); 18-13-121; and 30-15-401 and 6-42 of Pitkin County. Code. b. Violations of any conditions imposed by the license administrator in connection with the issuance or renewal of the license; c. Failure to pay state or local taxes that are related to the operation of the business associated with the license; d. Loss of right to possession to the licensed premises; e. Fraud, misrepresentation or a false statement of material fact contained in the original or renewal license application. f. The BOCC shall hear all actions relating to the suspension or revocation of licenses pursuant to this Section. The BOCC shall have the authority to impose remedial sanctions for violations. 2. The Department shall commence suspension or revocation proceedings by petitioning the BOCC to issue an order to the licensee to show cause why the license should not be suspended or revoked. 3. The BOCC shall issue such an order to show cause if the petition demonstrates that probable cause exists to determine that one or more grounds exist pursuant to subparagraph (a-f) above to suspend or revoke the licensee's license. 4. The license administrator shall give notice of the public hearing no later than twenty-one (21) days prior to the hearing by mailing the same in writing to the licensee at the address associated with the license. 5. At the hearing, the licensee shall have the opportunity to be heard, to present evidence and witnesses, and to cross-examine witnesses presented by the Department. The BOCC shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing that the BOCC is authorized to conduct. The standard of proof at such hearings shall be a preponderance of the evidence. The burden of proof shall be upon the Department. 6. In determining whether a license should by suspended or revoked, and in determining whether to impose conditions in the event of a suspension, the BOCC shall consider the following factors: a. The nature and circumstances of the violation; b. Corrective action, if any, taken by the licensee; 12 c. Prior violations, if any, by the licensee. d. The likelihood of recurrence of the violation; e. Whether violation was willful; f. Previous sanctions, if any, imposed on the licensee. 7. The BOCC shall consider the following non -binding guidelines in determining whether to suspend or revoke a license and, in the case of a suspension, the length of the suspension. The purpose of these guidelines is to provide consistent treatment of violations of this Section. The actual sanction imposed upon a licensee for any violation may vary from the guidelines when warranted by the specific facts and circumstances of the case. The decision of the BOCC with respect to the suspension or revocation of a license shall constitute a final administrative action by the County subject to judicial review to the County court pursuant to 6-42. a. First offense within a one-year period, suspension of the license for seven days. b. Second offense within a one-year period, suspension of the license for 30 days. c. Third or subsequent offense within a one-year period, revocation of the license. 6-42-180 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other person or circumstance. The BOCC declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. 6-42-190 Effective Date. This Section shall become effective on September 17, 2023 and enforceable on and after that date. This date shall be the effective date. Any tobacco product retailer without a license after the effective date will be in violation of this Section. 13 INTRODUCED AND FIRST READ ON THE 28TH DAY OF JUNE 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 12TH DAY OF JULY 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 29TH DAY OF JUNE, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 22ND DAY OF JUNE 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 12TH DAY OF JULY 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 11TH DAY OFAUGUST 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 17TH DAY OF AUGUST, 2023. ATTEST: By S.a' ft"' Sam Engen Deputy County Clerk APPROVED AS TO FORM: 5oonti E�Y John Ely, County Attorney Form Revised 01-01-2023 BOARD OF COUNTY COMMISSIONERS By: FV'aan,Gtt, jatbkV' Francie Jacober, Chair Date: Aug-25-2023 MANAGER APPROVAL Jon Peacock, County Manager 2