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Ordinance 2021-1814
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Ordinance 2021-1814
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Last modified
3/22/2023 4:00:29 PM
Creation date
9/27/2021 12:42:06 PM
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City Council Records
Also Known As (aka)
Bag Tax Amendment
Meeting Date
9/21/2021
Doc Type
Ordinance
Signed Date
9/21/2021
Ord/Res - Year
2021
Ord/Res - Number
1814
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ORDINANCE NO. 1814 <br />SERIES 2021 <br />AN ORDINANCE AMENDING THE CITY'S DISPOSABLE BAG TAX TO PROVIDE A <br />CREDIT IN THE AMOUNT OF THE STATE CARRYOUT BAG FEE TO BE <br />COLLECTED BY RETAILERS AND TO OTHERWISE ALIGN WITH THE STATE <br />CARRYOUT BAG FEE IN ORDER TO REDUCE THE ADMINISTRATIVE BURDEN <br />ON THE CITY'S RETAILERS <br />WHEREAS, the City of Louisville is a Colorado home rule municipal corporation duly <br />organized and existing under laws of the State of Colorado and the City of Louisville Home Rule <br />Charter; and <br />WHEREAS, by Ordinance No. 1797 adopted on July 28, 2020, the City Council referred <br />to the City's voters a twenty-five cent ($0.25) per bag disposable bag tax, which tax was <br />approved by the City's voters at the November 3, 2020 election and will be collected by the <br />City's retailers beginning January 1, 2022; and <br />WHEREAS, during the 2021 legislative session, the General Assembly adopted House <br />Bill 21-1162, the Plastic Pollution Reduction Act, which imposes a ten cent ($0.10) per bag fee <br />on plastic and paper carryout bags beginning January 1, 2023; and <br />WHEREAS, in order to ease the administrative burden on the City's retailers presented <br />by compliance with the City bag tax and the state bag fee, and to maintain the twenty-five cent <br />per -bag amount to be collected by retailers when the state bag fee becomes effective, the City <br />shall apply a credit in the amount of state bag fees collected by retailers toward the amount of <br />City bag taxes due for disposable bags provided to consumers by retailers within the City, as set <br />forth herein; and <br />WHEREAS, the City Council finds the other amendments set forth herein are reasonable <br />and necessary in order to simplify collection and remittance of the bag taxes and fees to be <br />collected under both the City's ordinance and the state legislation, to ease the administrative <br />burden on the City's retailers. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br />Section 1. The definition of retailer set forth in Section 3.34.020.E of the Louisville <br />Municipal Code is hereby amended to read as follows (words to be deleted stricken; words to be <br />added underlined): <br />Sec. 3.34.020. Definitions. <br />As used in this Chapter, unless the context clearly demonstrates otherwise, <br />words and phrases shall have the meaning defined in Section 3.20.020 of this <br />Ordinance No. 1814, Series 2021 <br />Page 1 of 4 <br />
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