Colorado § 39-28.5-104 - Licensing required - rules - fines.

Full text of Colorado Colorado Revised Statutes § 39-28.5-104 — Licensing required - rules - fines., with citation guidance and answers to common questions.

§ 39-28.5-104. Licensing required - rules - fines.

(1) It is unlawful for any person to engage in the business of a distributor of tobacco products at any place of business or to make delivery or remote retail sales without first obtaining a license granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. In the case of a distributor located in this state, such license shall be granted only to a person who owns or operates the place from which the person engages in the business of a distributor of tobacco products, and, if such business is operated in two or more separate places in this state by any such person, a separate license for each place of business shall be required. Such license shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license shall be ten dollars per year, and such fee shall be credited to the general fund. Such fee shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article 28.5, and no license shall be issued to such person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased tobacco products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor or remote retail seller license, and shall revoke a distributor's or remote retail seller's license, if the distributor or remote retail seller owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor or remote retail seller has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor or remote retail seller license to a distributor or remote retail seller that has a current license issued pursuant to section 39-26-103.

(2) (Deleted by amendment, L. 2008, p. 184, § 3, effective August 5, 2008.)

Source: L. 86: Entire article added, p. 1114, § 13, effective July 1. L. 2001: Entire section amended, p. 580, § 5, effective May 30. L. 2004: Entire section amended, p. 247, § 2, effective August 4. L. 2005: (1) amended, p. 721, § 6, effective June 1. L. 2008: Entire section amended, p. 184, § 3, effective August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2123, § 179, effective August 11. L. 2023: (1) amended, (HB 23-1015), ch. 142, p. 608, § 4, effective January 1, 2024.

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 39-28.5-104

What does Colorado Revised Statutes § 39-28.5-104 cover?

Section 39-28.5-104 ("Licensing required - rules - fines.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 39-28.5-104?

A common citation format is "Colorado Revised Statutes § 39-28.5-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Colorado law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.

How does Colorado § 39-28.5-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.