1 Colo. Code Regs. § 210-4
BASIS AND PURPOSE
These rules and regulations are adopted by the Executive Director of the Department of Revenue pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S. The purpose of these rules and regulations is to govern the enforcement of the prohibited use of electronic benefits transfer service cards at automated teller machines located in licensed gaming establishments, in-state simulcast facilities, race tracks, retail establishments licensed to sell malt, vinous, or spirituous liquors (except that, pursuant to HB17-1365 (amending subsections 26-2-104(2) (a}(ii)(c) and (2)(h)(i)(b), C.R.S.) this rule shall not apply to liquor-licensed drug stores),, medical marijuana centers, and retail marijuana stores. The statutory basis for 1 CCR 210-4 is found in section 26-2-104, et seq., C.R.S., 44-30-103(18), C.R.S., 44-32-102(11), C.R.S., 44-32-102(24), C.R.S., 44-3-202(b), C.R.S., 44-11-104(6), C.R.S., and 44-12-103(7), C.R.S.
Nothing contained in these regulations shall be so construed as to conflict with any provision of 26-2-101, et seq., C.R.S., or of any other applicable statute.
The following definitions of terms, in addition to those set forth in section 24-4-102, C.R.S., shall apply to all rules and regulations promulgated pursuant to section 26-2-104, C.R.S.:
Responsibility for the employment and maintenance of lawful methods of operation rests with the licensee, and willful or persistent use or toleration of methods of operation considered unlawful by the Department of Revenue is prohibited. Each licensee shall fully and timely perform each and every term, condition and duty required by the rules and regulations of the Department of Revenue.
The operator of any establishment defined in this Rule, at which an ATM is located must take measures to prevent a client from using an EBT card to access moneys from such an ATM.
"The use of an electronic benefits transfer service ("EBT") card to access public benefits at this machine is prohibited by Colorado Law, section 26-2-104, Colorado Revised Statutes."
The licensed operator of any establishment defined in this Rule at which an ATM is located is exempt from the requirements of 26-2-104(2)(h)(II), C.R.S. and this Rule if the following requirements are met:
The licensed operator must obtain a signed statement from the owner or operator of each ATM located on the licensed premises verifying that all of the ATM machines on the licensed premises do not accept EBT cards. The signed statement must specifically identify each ATM. The signed statement from the owner or operator of the ATM(s) must be on the owner or operator's letterhead with the name and address of the owner or operator. The licensed operator shall then submit the ATM owner or operator's signed statement to the Division within the Department of Revenue that has regulatory authority over the licensed premises, together with a cover letter identifying the licensed operator seeking the exemption. Signed exemption letters can be sent electronically.
If a licensed operator is itself the owner or operator of an ATM on its premises, then the licensed operator shall prepare a signed statement verifying that all of the ATM machines on the licensed premises do not accept EBT cards. The signed statement must specifically identify each ATM. The signed statement from the licensed operator must be on the licensed operator's letterhead. The licensed operator shall then submit its signed statement to the Division within the Department of Revenue that has regulatory authority over the licensed premises. Signed exemption letters can be sent electronically.
If one or more violations of 26-2-104(2)(h)(II), C.R.S. occurs at any exempted establishment, the Department of Revenue may take measures to prevent future violations, including issuing fines up to $100.00 for each violation. Activity will be monitored monthly and fines assessed on a quarterly basis. Therefore, each fine assessed per quarter will be assigned the same penalty level, which upon the determination that a fine is applicable, may be increased upon further violation in the following quarter.
In all instances where fines have been deemed applicable, the following structure may apply:
The Division of Gaming, the Liquor and Tobacco Enforcement Division, the Marijuana Enforcement Division, and the Racing Division are responsible for notifying the Department of Revenue of any discovered violation of 26-2-104(2) (h) (II), C.R.S., or this Rule by the licensees under such Division's respective authority. The Division having regulatory authority over the licensee shall be responsible for the collection of fines on behalf of the Department of Revenue.
1 CCR 210-4
Basis and Purpose, Rules (2)(f), 5 eff. 09/01/2017.