ORDINANCE NO. 20 SERIES 2020
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE TO INCREASE THE AGE TO PURCHASE, POSSESS, CONSUME OR USE A TOBACCO OR NICOTINE PRODUCT
 
WHEREAS,in2020,theColoradoGeneralAssemblyenactedHouseBill20-1001, which increases the age to purchase, possess, consume, or use tobacco or nicotine products from 18 years to 21 years;and
 
WHEREAS, the Town is required to similarly increase the age to purchase, possess, consume, or use tobacco or nicotine products in Town.
 
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT:
 
Section 1. The definition of "Minor" in Section 5-4-1 of the Vail Town Code is hereby amended asfollows:
 
5-4-1 DEFINITIONS.
 
MINOR: A person under eighteen (18)twenty-one (21) years of age.
 
Section 2. Section 5-4-5 of the Vail Town Code is hereby amended as follows:
 
5-4-5 MINORS.
 
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E.  It is an affirmative defense to a prosecution under this Section that  thepersonfurnishingthetobaccoproductornicotineproductwaspresented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18)twenty-one (21) years of age orolder.
 
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinanceisforanyreasonheldtobeinvalid,suchdecisionshallnotaffectthevalidityof the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
 
Section 4. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended.
 
 
 
 
Ordinance No. 20, Series of 2020
 
The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein.
 
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistentherewitharerepealedtotheextentonlyofsuchinconsistency.Thisrepealer shallnotbeconstruedtoreviseanybylaw,order,resolutionorordinance,orpartthereof, theretoforerepealed.
 
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17 th day of November, 2020 and a public hearing for second reading of this Ordinance is set for the 1 st day of December, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
 
 
 
Dave Chapin, Mayor
ATTEST:
 
 
Tammy Nagel, Town Clerk
 
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1 st day of December, 2020.
 
 
Dave Chapin, Mayor
ATTEST:
 
 
Tammy Nagel, Town Clerk