Title 44, Revenue - Regulation of Activities
0 chapters · 432 sections in this title.
Colo. Rev. Stat. § 44-20-407 Attorney general to advise and represent
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(1) The attorney general shall represent the board, director, and executive director and shall give opinions on questions of law relating to the interpretation of this part 4 or arising out of the administration thereof and shall appear for and on behalf of the board, director, a…
Colo. Rev. Stat. § 44-20-408 Classes of licenses
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(1) The following classes of licenses are issued under this part 4: (a) A powersports vehicle dealer's license shall permit the licensee to engage in the business of selling, exchanging, leasing, or offering new and used powersports vehicles, which license shall not permit more t…
Colo. Rev. Stat. § 44-20-409 Temporary powersports vehicle dealer license
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(1) (a) If a licensed powersports vehicle dealer has entered into a written agreement to sell a dealership to a purchaser and the purchaser has been awarded a new franchise, the board may issue a temporary powersports vehicle dealer's license to the purchaser or prospective purch…
Colo. Rev. Stat. § 44-20-410 Display, form, custody, and use of licenses
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(1) The board and the executive director shall prescribe the form of the license to be issued by the executive director, and shall imprint on each license the seal of their offices. The executive director shall mail the license to the business address where the powersports vehicl…
Colo. Rev. Stat. § 44-20-411 Fees - disposition - expenses - expiration of licenses
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(1) The fee established pursuant to subsection (5) of this section shall be collected with each application for each of the following: (a) (I) Powersports vehicle dealer's license or used powersports vehicle dealer's license; (II) Powersports vehicle dealer's or used powersports …
Colo. Rev. Stat. § 44-20-412 Bond of licensee
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(1) To be issued a wholesaler's license, powersports vehicle dealer's license, or used powersports vehicle dealer's license, an applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-…
Colo. Rev. Stat. § 44-20-413 Powersports vehicle salesperson's bond
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(1) To be issued a powersports vehicle salesperson's license, the applicant must procure and file with the board evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101 or a good and sufficient bond in the amount of fifteen …
Colo. Rev. Stat. § 44-20-414 Notice of claims honored against bond
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(1) A corporate surety that has provided a bond to a licensee pursuant to section 44-20-412 or 44-20-413 shall provide notice to the board and director of any claim that is honored against the bond within thirty days after the claim is honored. (2) A notice provided by a corporat…
Colo. Rev. Stat. § 44-20-415 Testing licensees
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All persons applying for a wholesaler's, powersports vehicle dealer's, used powersports vehicle dealer's, or powersports vehicle salesperson's license under this part 4 shall be examined for their knowledge of the powersports vehicle laws of the state of Colorado and the rules pr…
Colo. Rev. Stat. § 44-20-416 Filing of written warranties
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A licensed powersports vehicle manufacturer shall file with the director all written warranties and changes in written warranties the manufacturer makes on powersports vehicles or parts thereof. A licensed powersports vehicle manufacturer shall file with the director a copy of th…
Colo. Rev. Stat. § 44-20-418 Notice of change of address or status
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(1) The board, through the executive director, shall not issue a powersports vehicle dealer's license or used powersports vehicle dealer's license to an applicant who has no principal place of business. If a powersports vehicle dealer or used powersports vehicle dealer changes th…
Colo. Rev. Stat. § 44-20-419 Principal place of business - requirements - exceptions
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(1) The building or structure required to be located on a principal place of business shall have electrical service and adequate sanitary facilities. (2) (a) A room in a hotel, rooming house, or apartment building or a part of any single or multiple unit dwelling house must not b…
Colo. Rev. Stat. § 44-20-420 Licenses - grounds for denial, suspension, or revocation
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(1) A powersports vehicle manufacturer's or distributor's license may be denied, suspended, or revoked on the following grounds: (a) Material misstatement in an application for a license; (b) Willful failure to comply with this part 4 or any rule promulgated by the executive dire…
Colo. Rev. Stat. § 44-20-423 Unlawful acts
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(1) It is unlawful and a violation of this part 4 for any powersports vehicle manufacturer, distributor, or manufacturer representative: (a) To willfully fail to perform or cause to be performed any written warranties made with respect to a powersports vehicle or parts thereof; (…
Colo. Rev. Stat. § 44-20-425 Independent control of dealer - definitions
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(1) Except as otherwise provided in this section, no powersports vehicle manufacturer shall own, operate, or control any powersports vehicle dealer or used powersports vehicle dealer in Colorado. (2) Notwithstanding subsection (1) of this section, the following activities are not…
Colo. Rev. Stat. § 44-20-427 Audit reimbursement limitations - dealer claims
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(1) (a) A manufacturer, distributor, or manufacturer representative shall have the right to audit warranty, sales, or incentive claims of a powersports vehicle dealer for nine months after the date the claim was submitted. (b) A manufacturer, distributor, or manufacturer represen…
Colo. Rev. Stat. § 44-20-428 Reimbursement for disapproving sale
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A manufacturer or distributor shall pay reasonable attorney fees, not to exceed the usual and customary fees charged for the transfer of a franchise, and reasonable expenses that are incurred by the proposed owner or transferee before the manufacturer or distributor exercised its…
Colo. Rev. Stat. § 44-20-429 Penalty
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(1) Except as provided in subsection (2) of this section, a person who willfully violates this part 4 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (2) (a) A person who willfully violates section 44-20-423 (2) by acting as a powersports ve…
Colo. Rev. Stat. § 44-20-430 Fines - disposition - unlicensed sales
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Of any fine collected for a violation of section 44-20-423 (2), half is awarded to the law enforcement agency that investigated and issued the citation for the violation and half is credited to the auto dealers license fund created in section 44-20-133. Source: L. 2018: Entire se…
Colo. Rev. Stat. § 44-20-431 Drafts or checks not honored for payment - penalties
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(1) If a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer issues a draft or check to a wholesaler, powersports vehicle dealer, or used powersports vehicle dealer and fails to honor the draft or check, then the license of the licensee shall be subject to …
Colo. Rev. Stat. § 44-20-432 Right of action for loss
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(1) A person has a right of action against the licensed powersports vehicle dealer, used powersports vehicle dealer, or the dealer's powersports salespersons if the person suffers loss or damage by reason of fraud practiced on the person by a dealer or one of the dealer's salespe…
Colo. Rev. Stat. § 44-20-433 Contract disputes - venue - choice of law
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(1) In the event of a dispute between a powersports vehicle dealer and a powersports vehicle manufacturer under a franchise agreement, notwithstanding any provision of the agreement to the contrary: (a) At the option of the powersports vehicle dealer, venue shall be proper in the…
Colo. Rev. Stat. § 44-20-434 Advertisement - inclusion of dealer name
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No powersports vehicle dealer or used powersports vehicle dealer or an agent of a dealer shall advertise an offer for the sale, lease, or purchase of a powersports vehicle that creates the false impression that the vehicle is being offered by a private party or that does not cont…
Colo. Rev. Stat. § 44-20-435 Payout exemption to execution
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A powersports vehicle dealer's right to receive payments from a manufacturer or distributor required by section 44-20-423 (1)(l) and (1)(r) is not liable to attachment or execution and may not otherwise be seized, taken, appropriated, or applied in a legal or equitable process or…
Colo. Rev. Stat. § 44-20-436 Site control extinguishes
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If a manufacturer, distributor, or manufacturer representative has terminated, eliminated, or not renewed a franchise agreement containing a site control provision, the powersports vehicle dealer may void a site control provision of a franchise agreement by returning any money th…
Colo. Rev. Stat. § 44-20-437 Modification voidable
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If a manufacturer, distributor, or manufacturer representative fails to comply with section 44-20-423 (1)(v)(II), the powersports dealer may void the modification or replacement of the franchise agreement. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7…
Colo. Rev. Stat. § 44-20-438 Termination appeal
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(1) A powersports vehicle dealer who has reason to believe that a manufacturer, distributor, or manufacturer representative has violated section 44-20-423 (1)(d) or (1)(v) may appeal to the board by filing a complaint with: (a) The executive director; or (b) A district court if n…
Colo. Rev. Stat. § 44-20-439 Stop-sale directives - used powersports vehicles - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Average trade-in value means the value of a used powersports vehicle as established by a generally accepted, published, third-party used vehicle resource. (b) Stop-sale directive means an unconditional direct…
Colo. Rev. Stat. § 44-20-440 Repeal of part
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This part 4 is repealed, effective September 1, 2027. Before its repeal, this part 4 is scheduled for review in accordance with section 24-34-104. Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 136, � 2, effective October 1. Editor's note: This sec…
Colo. Rev. Stat. § 44-30-101 Short title
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The short title of this article 30 is the Limited Gaming Act of 1991. Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 168, � 2, effective October 1. Editor's note: This section is similar to former � 12-47.1-101 as it existed prior to 2018.
Colo. Rev. Stat. § 44-30-102 Legislative declaration
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(1) The general assembly hereby finds, determines, and declares it to be the public policy of this state that: (a) The success of limited gaming is dependent upon public confidence and trust that licensed limited gaming is conducted honestly and competitively; that the rights of …
Colo. Rev. Stat. § 44-30-103 Definitions
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As used in this article 30, unless the context otherwise requires: (1) Adjusted gross proceeds, except with respect to games of poker, means the total amount of all wagers made by players on limited gaming less all payments to players; and payment to players shall include all pay…
Colo. Rev. Stat. § 44-30-104 Limited gaming - sports betting - authorization - regulation
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Limited gaming and sports betting are hereby authorized and may be operated and maintained subject to this article 30. All limited gaming and sports betting authorized by this article 30 is subject to regulation by the commission. Source: L. 2018: Entire article added with reloca…
Colo. Rev. Stat. § 44-30-105 Limited gaming - cities - commercial districts
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Limited gaming shall take place only in the following existing Colorado cities: The city of Central, county of Gilpin; the city of Black Hawk, county of Gilpin; and the city of Cripple Creek, county of Teller. Limited gaming shall be further confined to the commercial districts o…
Colo. Rev. Stat. § 44-30-106 Exceptions
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(1) Nothing in this article 30 shall be construed in any way to affect or interfere with the regulation of bingo and raffles by the office of the secretary of state. (2) Nothing contained in this article 30 shall be construed to modify, amend, or otherwise affect the validity of …
Colo. Rev. Stat. § 44-30-1101 Exemption from federal law
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Pursuant to section 2 of an act of congress of the United States entitled An Act to prohibit transportation of gambling devices in interstate and foreign commerce, approved January 2, 1951, designated 15 U.S.C. secs. 1171 to 1177, inclusive, and in effect January 1, 1989, the sta…
Colo. Rev. Stat. § 44-30-1102 Shipments of devices and machines deemed legal
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All shipments of gaming devices, including slot machines, into this state, the registering, recording, and labeling of which has been duly made by the manufacturer or dealer thereof in accordance with sections 3 and 4 of an act of congress of the United States entitled An Act to …
Colo. Rev. Stat. § 44-30-1103 Ownership or possession of slot machines - rules
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Notwithstanding any other laws of this state to the contrary, if a licensed slot machine manufacturer, slot machine distributor, operator, retailer, or a retail gaming license applicant complies with all of the provisions of this article 30 and the rules promulgated under this ar…
Colo. Rev. Stat. § 44-30-1401 Definitions
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As used in this part 14, unless the context otherwise requires: (1) City means a city that is not a certified local government as defined in section 44-30-103 (7) and that receives money from the state historical fund for historic preservation purposes. (2) Commission means an in…
Colo. Rev. Stat. § 44-30-1403 Funding - compensation
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(1) Costs associated with the operation of the commission shall be paid from the city's share of preservation and restoration money from the state historical fund. (2) Members of the commission shall serve without compensation. To the extent authorized by the governing body of th…
Colo. Rev. Stat. § 44-30-1404 Officers - bylaws - rules
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(1) The commission shall elect a chairperson and any officers that it may require. (2) The commission shall make and adopt bylaws governing its work. (3) The commission may adopt rules for the administration and enforcement of part 12 of this article 30 and this part 14. Source: …
Colo. Rev. Stat. § 44-30-1405 Meetings
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The commission shall act only at regularly scheduled semi-monthly meetings, that shall be held at a time determined by the governing body of the city, or at meetings of which not less than five days' notice has been given. Absent the objection of any member, the chairperson may c…
Colo. Rev. Stat. § 44-30-1406 Quorum - action
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No official business of the commission shall be conducted unless a quorum of not less than four members is present. The concurring vote of at least four members of the commission is necessary to constitute an official act of the commission. Source: L. 2018: Entire article added w…
Colo. Rev. Stat. § 44-30-1407 Final agency action - judicial review
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Any official decision of the commission shall be considered final agency action and subject to judicial review in a court of competent jurisdiction. No official decision of the commission shall be appealable to or reviewable by the governing body of the city. Source: L. 2018: Ent…
Colo. Rev. Stat. § 44-30-1501 Definitions - rules
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Definitions applicable to this part 15 also appear in section 44-30-103 and article 1 of this title 44. As used in this part 15, unless the context otherwise requires: (1) Casino means a licensed gaming establishment as defined in section 44-30-103 (18). (2) Collegiate sports eve…
Colo. Rev. Stat. § 44-30-1502 Conflict of interest - participants in sports or athletic events
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(1) The following persons shall not have any ownership interest in, control of, or otherwise be employed by a sports betting operator, a licensee, or a facility in which sports betting takes place or place a wager on a sports event that is overseen by that person's sports governi…
Colo. Rev. Stat. § 44-30-1503 Licenses - rules
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(1) (a) The commission shall issue, deny, suspend, revoke, and renew sports betting licenses pursuant to subsection (3) of this section and rules adopted by the commission and may assess fines and penalties for violations of this part 15. The commission's licensing rules must inc…
Colo. Rev. Stat. § 44-30-1507 Records - confidentiality - exceptions
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(1) Except as specified in subsections (2) and (3) of this section, information and records of the commission enumerated by this section are confidential and may not be disclosed except pursuant to a court order. No person may by subpoena or statutory authority obtain such inform…
Colo. Rev. Stat. § 44-30-1508 Sports betting tax - rules
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(1) There is hereby imposed a tax on sports betting activity, at the rate of ten percent of net sports betting proceeds. The commission shall establish by rule the form and manner in which the tax is collected. (2) Except as provided in subsection (3) of this section, all proceed…
Colo. Rev. Stat. § 44-30-1509 Sports betting fund - wagering revenue recipients hold-harmless fund - creation - rules - definitions - repeal
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(1) (a) There is hereby created, in the state treasury, the sports betting fund, referred to in this section as the fund. The initial appropriation to the division for sports betting regulation and all subsequent revenues of the division derived from sports betting activity and t…