§ 39-28-105 — Use of metering machines

Colorado § 39-28-105

• Jurisdiction: Colorado
• Title 39: Taxation
• Art.: Cigarette Tax

Text

(1) The department, if it determines
that it is practicable to stamp by imprint or impression on packages of cigarettes by
means of a metering machine, may authorize any licensed wholesaler to use any
metering machine approved by the department in lieu of requiring the wholesaler to
affix stamps to such packages. Such metering machines shall be sealed by the
department and shall be used in accordance with rules and regulations prescribed
by it. Any wholesaler authorized to use a metering machine shall file with the
department evidence of a savings account, deposit, or certificate of deposit
meeting the requirements of section 11-35-101, C.R.S., or a bond issued by a surety
company authorized to do business in this state in the amount of one thousand
dollars, conditioned upon the payment of the tax upon cigarettes so imprinted.

(2) (a) The department may cause each metering machine approved by it to
be read and inspected at least once each month. The department shall set the
machine to the number of units requested by the wholesaler and shall determine as
of the time of setting the amount of tax due from the wholesaler using such
machine, after allowing the discount provided in section 39-28-104. The tax for
each unit placed on the machine at the time of setting, less any discount that is not
otherwise prohibited by paragraph (b) of this subsection (2) to cover the licensed
wholesaler's expense in the collection and remittance of such tax, shall be due and
payable to the department on or before the tenth day of the month following the
month in which the meter is set. If any licensed wholesaler is delinquent in remitting
such payment, other than in unusual circumstances shown to the satisfaction of the
executive director, the licensed wholesaler shall not be allowed to retain any
amounts to cover his or her expense in collecting and remitting said tax, and, in
addition, the penalty imposed under section 39-28-108 (2) shall apply.

(b) The tax imposed pursuant to section 39-28-103.5 and section 21 of article
X of the state constitution shall not be subject to the discount provided for in
paragraph (a) of this subsection (2).

Legislative History

Source: L. 64: p. 823, � 5. C.R.S. 1963: � 138-8-5. L. 79: (1) amended, p. 428, � 23, effective July 1. L. 83: (2) amended, p. 2106, � 2, effective October 14. L. 86, 2nd Ex. Sess.: (2) amended, p. 74, � 2, effective August 15. L. 87: (2) amended, p. 1468, � 1, effective May 1. L. 88: (2) amended, p. 1338, � 2, effective July 1. L. 2005: (2) amended, p. 908, � 4, effective June 2; (2) amended, p. 923, � 5, effective June 2.