HomeMy WebLinkAboutordinance.council.021-73RECORD OF PROCEEDINGS
100 Leaves
ORDINANCE NO. c~/
Series of 1973
AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 21 OF THE
MUNICIPAL CODE ENTITLED "CIGARETTE TAX" AND DECLARING THAT
AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT.
WHEREAS, the City of Aspen, in Article II of Chapter
21, sections 21-16 through 21-35, of the ASpen Municipal Code
has provided for an occupational tax for the selling of
cigarettes in the City of Aspen and provided for penalties
for failure to pay the same; and
WHEREAS, the Colorado General Assembly has recently
enacted House Bill 1492 which provides that 46% of all State
cigarette taxes collected shall be returned to incorporated
cities which levy taxes and adopt formal budgets, each city to
receive a share equivalent to the percentage of state sales
tax revenues collected by the State of Colorado in an incor-
porated city as compared to the total sales tax collections
that may be allocated to all political subdivisions in the
state; and
WHEREAS, in order to qualify for a share in this distri-
butions, units of local government cannot, after July 1, 1973,
impose fees) licenses on taxes on any person as a condition
for engaging in the business of selling cigarettes, nor impose,
in any manner, a tax on cigarettes, and,
WHEREAS, it will be in the best interest of the City of
Aspen to abolish the present occupational tax for selling
cigarettes and share in the distribution permitted by House
Bill 1492; and
WHEREAS, it is mandatory that the occupational tax for
selling cigarettes be enacted as an emergency measure so as
to repeal Article II of Chapter 21 prior to July 1, 1973;
RECORD OF PROCEEDINGS
100 Leaves
NOW, THER£FORE, BE IT ORDAINED BY THE CITY OF ASPEN,
COLORADO:
~e.c.t ion 1.
The purpose of this ordinance is to repeal Article II
of Chapter 21 of the Aspen Municipal Code prior to July 1,
1973, so that the City of Aspen may share in the distribution
of state cigarette tax proceeds as provided by the newly
enacted House Bill 1492 recently passed by the Colorado General
Assembly.
Sections 21~16, 21-17, 21-18, 21-19, 21-20, 21-21, 21-22,
21-23, 21-24, 21-25, 21,26, 21-27, 21-28, 21-29, 21-30, 21-31,
21-32, 21-33, 21-34, and 21-35, constituting Article II of
Chapter 21 of the Municipal Code of the City of Aspen, Colorado
are hereby repealed, effective in the final passage of this
ordinance.
Section 3.
By reason of the fact that this ordinance will repeal the
occupational tax for the selling of cigarettes so as to allow
the City of Aspen to share in the distribution of the state
cigarette sales tax pursuant to Colorado House Bill 1492, and
that said House Bill requires that all such occupational taxes
be abolished prior to July 1, 1973, it is hereby declared that
an emergency exists and that this Ordinance is necessary to the
immediate preservation of the public property and welfare, and
that it shall be in full force and effect upon final passage,
and be published within ten (10) days after final passage,
or as soon thereafter as possible.
RECORD OF PROCEEDINGS
100 Leaves
.S.e.ction__4.
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provisions or applications, and to this end the provisions or
applications of this ordinance are decalred to be severable.
INTRODUCED AND READ as provided by law by the City Council
of the City of Aspen, Colorado, at its regular meeting held
at the City of Aspen, Colorado, on the llth day of June, 1973.
ATTEST:
Czty Cle ri<'
FINALLY ADOPTED,
ATTEST:
Cie rk ' '
PASSED AND APPROVED this
1973.
day
STATE OF COLORADO)
) ss CERTIFICATE
COUNTY OF PITKIN )
I, Lorraine Graves, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read by title, and passed on first reading at a
regular meeting of the City Council of the City of Aspen on
~ was finally adopted and approved at a regular meeting of
the City Council on .Jun~ 25
published as Ordinance No. ?]
said City, as provided by law.
, 197--3, and ordered
, Series of 197_.], of
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of said City of Aspen, Colorado, this 25th
day of June , 1973 .
SEAL