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Ordinance 2022-1827
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Ordinance 2022-1827
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Last modified
10/16/2024 1:47:27 PM
Creation date
5/2/2022 10:29:12 AM
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City Council Records
Also Known As (aka)
Sales and Use Tax__Municipal Code Amended__Economic Nexus and Marketplace Facilitators
Meeting Date
4/5/2022
Doc Type
Ordinance
Signed Date
4/5/2022
Ord/Res - Year
2022
Ord/Res - Number
1827
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(d) Owns, leases, rents or otherwise exercises control over real <br />or personal property within the City ta*ifigfWisdietieft; of <br />(e) Is a retailer or vendor in the State of Colorado that Mmakes <br />more than one delivery into the City to*iag ur-isdietien within a 12-month <br />period ' ; or <br />(f) Makes retail sales sufficient to meet the definitional <br />requirements of economic nexus as set forth in this Section 3.20.020. <br />51. Retailer or vendor means any person selling, leasing, renting, or granting a <br />license to use tangible personal property or services at retail. Retailer and vendor shall <br />include but is not limited to, any: (1) auctioneer; (2) salesperson, representative, peddler or <br />canvasser, who makes sales as a direct or indirect agent of, or obtains such property or <br />services sold from a dealer, distributor, supervisor or employer; (3) charitable organization <br />or governmental entity which makes sales of tangible personal property to the public, <br />notwithstanding the fact that the merchandise sold may have been acquired by gift or <br />donation or that the proceeds are to be used for charitable or governmental purposes; (4) <br />retailer -contractor, when acting in the capacity of a seller of building supplies, construction <br />materials, and other tangible personal property; and (5) marketplace facilitator, <br />marketplace seller, or multichannel seller. <br />Section 2. Section 3.20.020.A of the Louisville Municipal Code is hereby further amended <br />by the addition of the following new terms and definitions to be inserted alphabetically in said <br />section: <br />Economic nexus means the connection between the City and a person not <br />having a physical nexus in the State of Colorado, which connection is established <br />when the person or marketplace facilitator makes retail sales into the City, and: <br />(a) In the previous calendar year, the person, which includes a <br />marketplace facilitator, has made retail sales into the state exceeding the <br />amount specified in C.R.S. § 39-26-102(3)(c), as amended; or <br />(b) In the current calendar year, 90 days has passed following <br />the month in which the person, which includes a marketplace facilitator, has <br />made retail sales into the state exceeding the amount specified in C.R.S. § <br />39-26-102(3)(c), as amended. <br />This definition does not apply to any person who is doing business <br />in this State but otherwise applies to any other person. <br />Marketplace means a physical or electronic forum, including, but not <br />limited to, a store, a booth, an internet website, a catalog, or a dedicated sales <br />software application, where tangible personal property, taxable products, or taxable <br />services are offered for sale. <br />Ordinance No.1827, Series 2022 <br />Page 3 of 7 <br />
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