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ORDINANCE NO.1844 <br />SERIES 2022 <br />AN ORDINANCE AMENDING THE LOUISVILLE MUNICIPAL CODE TO <br />ESTABLISH AN EXEMPTION FROM THE CITY'S SALES AND USE TAX FOR THE <br />CARRYOUT BAG FEES ENACTED BY THE STATE OF COLORADO <br />WHEREAS, the City of Louisville, Colorado, (the "City"), is a home rule municipality, <br />organized and existing under Article XX, Section 6 of the Colorado Constitution; and <br />WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to <br />enact, administer and enforce sales and use taxes is clearly within the constitutional grant of power <br />to the City and is necessary to raise revenue with which to conduct the affairs and render the <br />services performed by the City; and <br />WHEREAS, pursuant to such authority, the City has adopted and enacted a Sales and Use <br />Tax Code (the "Code"), under which City sales and use tax is levied; and <br />WHEREAS, the City does not wish to impose local sales and use tax on carryout bag fees <br />enacted by the State of Colorado that would otherwise be taxable under the Code; and <br />WHEREAS, the City adopts this ordinance with the intent to exempt such fees from local <br />sales and use tax. <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br />LOUISVILLE, COLORADO: <br />Section 1. Section 3.20.220 of the Louisville Municipal Code is hereby amended by <br />the addition of a new subsection 00 as follows (words to be added are underlined): <br />Sec. 3.20.220. - Exemptions from sales tax. <br />The transactions set forth in this section are exempt from the imposition of <br />tax levied by section 3.20.200. The burden of proving that any taxpayer is exempt <br />from collecting or paying sales tax shall be on the taxpayer: <br />00. The car , orb fee ee imposed in C.R.S. § 25-17-505, as such section <br />existed on July 6, 2021. <br />Section 2. Section 3.20.310.A of the Louisville Municipal Code is hereby amended to <br />read as follows (words to be added are underlined; words to be deleted are strie -e^ thr^l^''�: <br />Sec. 3.20.310. Exemptions from use tax. <br />Resolution No. 1844, Series 2022 <br />Page 1 of 3 <br />