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Colorado Statutes, Title 44

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Title 44, Revenue - Regulation of Activities

0 chapters · 517 sections in this title.

All chapters in Title 44517 Ch 30141 Ch 20105 Ch 378 Ch 1061 Ch 3241 Ch 5025 Ch 4023 Ch 710 Ch 59 Ch 338 Ch 47 Ch 15 Ch 313 Ch 61

517 sections·Filtered byTitle 44✕

Colo. Rev. Stat. § 44-20-417 Application - fingerprint-based criminal history record check - rules
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(1) An application for a wholesaler's license, powersports vehicle dealer's license, used powersports vehicle dealer's license, or powersports vehicle salesperson's license shall be submitted to the board. (2) An application for a powersports vehicle distributor, powersports vehi…
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. § 44-20-421 Procedure for denial, suspension, or revocation of license - judicial review

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(1) The denial, suspension, or revocation of licenses issued under this part 4 shall be in accordance with the provisions of sections 24-4-104 and 24-4-105; except that the discovery available under rule 26 (b)(2) of the Colorado rules of civil procedure is available in any proce…

Colo. Rev. Stat. § 44-20-422 Sales activity following license denial, suspension, or revocation - unlawful act - penalty

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(1) (a) It shall be unlawful and a violation of this part 4 for any person whose wholesaler's, powersports vehicle dealer's, used powersports vehicle dealer's, or powersports vehicle salesperson's license has been denied, suspended, or revoked to exercise the privileges of the li…

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. § 44-20-424 New, reopened, or relocated dealer - notice required - grounds for refusal of dealer license - definitions - rules

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(1) No powersports vehicle manufacturer or distributor shall establish an additional powersports vehicle dealer, reopen a previously existing powersports vehicle dealer, or authorize an existing powersports vehicle dealer without first providing at least sixty days' notice to all…

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. § 44-20-426 Successor under existing franchise agreement - duties of powersports vehicle manufacturer

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(1) If a licensed powersports vehicle dealer under franchise by a powersports vehicle manufacturer dies or becomes incapacitated, the powersports vehicle manufacturer shall act in good faith to allow a successor, which may include a family member, designated by the deceased or in…

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. § 44-20-432.5 Kei off-road vehicles - no liability for manufacturing standards

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[Editor's note: This section is effective July 1, 2027. For the applicability of this section on or after January 1, 2028, see the editor's note following this section.] A person licensed under this part 4 is not liable for any damages that are directly or indirectly attributable…

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 di…

Colo. Rev. Stat. § 44-20-439.5 Fulfillment and compensation for warranty and recall obligations - definitions

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(1) As used in this section: (a) "Manufacturer" means a powersports vehicle manufacturer, a powersports vehicle distributor, and a powersports vehicle manufacturer representative. (b) "Nonwarranty repair" means a diagnosis, repair, labor, or part for which payment was made by a p…

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.

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.

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 p…

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 s…

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. § 44-30-1201 State historical fund - administration - legislative declaration - state museum cash fund - rules - definition

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(1) The state treasurer shall make annual distributions, from the state historical fund created by section 9 (5)(b)(II) of article XVIII of the state constitution, in accordance with the provisions of section 9 (5)(b)(III) of article XVIII of the state constitution. As specified …

Colo. Rev. Stat. § 44-30-1202 Expenditures from the state historical fund - legislative declaration

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(1) The general assembly hereby finds and declares that when the voters approved the conduct of limited gaming in the cities of Central, Black Hawk, and Cripple Creek they believed that all money expended from the state historical fund would be used to restore and preserve the hi…

Colo. Rev. Stat. § 44-30-1301 Definitions - local government limited gaming impact fund - rules - report - legislative declaration

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(1) (a) There is hereby created in the state treasury the local government limited gaming impact fund, and within the fund, there is created the limited gaming impact account and the gambling addiction account. The fund consists of money transferred to the fund pursuant to sectio…

Colo. Rev. Stat. § 44-30-1302 Local government limited gaming impact advisory committee - creation - duties

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(1) There is created within the department of local affairs the local government limited gaming impact advisory committee, referred to in this section as the "committee". The committee consists of the following thirteen members: (a) The executive director of the department of loc…

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 a…

Colo. Rev. Stat. § 44-30-1402 Independent restoration and preservation commission - appointments - qualifications - new appointments - appointments without nominations

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(1) Pursuant to section 44-30-1202 (5), the governing body of a city shall create an independent restoration and preservation commission. The governing body shall appoint seven members to the commission as follows: (a) Two persons who are architects shall be appointed from nomine…

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 …

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. § 44-30-1504 Disclosure of information by corporate applicants - license required - investigation - criminal history record check - rules - definition

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(1) Corporate applicants for a sports betting license and licensees shall disclose to the commission, in a form and manner determined by the commission, the identity of: (a) Each board-appointed officer of the applicant or licensee; (b) Each director of the applicant or licensee;…