POLICY DATABASE
Silverthorne, Colo., Code §§ 1-10-89(a)(23), (24) (current through March 22, 2017)
Brief Summary
These provisions exempt from sales tax certain purchases of food or meals purchased with federal food stamps or with funds provided by the special supplemental food program for women, infants and children (WIC) at food stores or stores with food departments where staple foods make up 50% or more of their food sales. Qualifications for tax exemptions for meal purchases relate to following categories: meals served at subsidized housing for the elderly; meals delivered to persons over age 60; meals served to addicts/alcoholic at drug or alcohol rehabilitation programs; meals for disabled and blind persons; and meals served to women and children temporarily residing in shelters. Note: some, if not all, of these exemptions are required by federal regulations governing federal nutrition assistance programs.
Legal Strategies
Creates an exemption.
Reach
Community-wide
Food System Category: Distribute, Get
State: Colorado
Jurisdiction Type: Township
Jurisdiction Name: Silverthorne
Does the law refer to priority populations in some way?
Yes. See, e.g., references to the following "food purchased with federal food stamps or with funds provided by the special supplemental food program for women, infants and children" § 1-10-89(a)(23); and meals that are prepared for and delivered or served to: "persons sixty (60) years of age or over and persons who are physically or mentally handicapped or otherwise so disabled that they are unable adequately to prepare all of their meals"; people who are blind or disabled and living in a public or private nonprofit group home; women and children temporarily living in a public or private nonprofit shelter for battered women and children, etc. § 1-10-89(a)(24).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See, e.g., references to the following "staple food items" (§ 1-10-89(a)(23)(a)); and "rehabilitation program" (1-10-89(a)(24)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. These provisions provide a sales tax exemption for certain foods purchased with federal food stamps or with funds provided by the special supplemental food program for women, infants and children. § 1-10-89(a)(23) (as required by federal regulation).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "It is the intent of the Town Council in enacting provisions consistent with H.B. 1007 to assist the business community, but not in any way to prejudice the Town's right to fully exercise its constitutional authority to levy and collect taxes within its boundaries." §1-10-81.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 1-10-1.
Does the law address implementation in some way?
Yes. Section 1-10-21 directs the General Government Director to carry out various administrative duties including "prescrib[ing] forms and administrative procedures for the ascertainment, assessment and collection of the tax" and "formulat[ing] and promulgat[ing] appropriate regulations." §1-10-21.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Unclear. Violations of this Article shall be punished by a fine or imprisonment or both, as provided in this Code. Each and every twenty-four-hour continuation of any violation shall constitute a distinct and separate offense. § 1-10-68(c).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 1-10-89 (Exemptions from Sales Tax) is located in Chapter 1 (General Government), Article X (Sales Tax), Division 8 (General). History: Ord. 1994-30 §2; Ord. 2014-04, §1.