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Fountain, CO Business Licensing & Operations: Tobacco Retail License (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum sales age
21 years old
License location
Fixed retail site only, no mobile vending
School buffer for new licenses
500 feet from schools or youth areas
License term
Calendar year, Jan. 1 to Dec. 31
First violation fine
$300, no suspension
Fourth violation penalty
Revocation for 365 days
Licensing authority
Fountain city clerk

Summary

Fountain requires every tobacco product retailer, including vape and e-cigarette shops, to hold an annual city license for each fixed retail location. The Fountain Municipal Code bans mobile tobacco vending, blocks new licenses within 500 feet of schools and youth centers, and sets the minimum sales age at 21 under Chapter 5.36, adopted in 2020 and amended in 2023.

Tobacco product means:1.Any product which contains, is made or derived from tobacco or used to deliver nicotine, synthetic nicotine or other substances intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints, hand gels; and2.An electronic smoking device; ... A.License required. It shall be unlawful for any person to act as a tobacco product retailer in the city without first obtaining and then maintaining a valid tobacco product retail license pursuant to this chapter for each retail location where the activity is to occur. ... 1.No new license may be issued to authorize tobacco product retailing within 500 feet of a public or private school or youth-populated area as measured by a straight line from the nearest point of the property line of the parcel on which the school or youth-populated area is located to the nearest point of the property line of the parcel on which the applicant's business is located.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

36 of the Fountain Municipal Code, adopted by Ordinance No. 1747 in 2020 and updated by Ordinance No. 1789 in 2023, defines "tobacco product" to expressly include "an electronic smoking device," so vape shops and stores selling e-cigarettes, vape juice or nicotine pods fall under the same license as cigarette and cigar retailers. 050 makes it unlawful to act as a tobacco product retailer in the city without first obtaining a license from the city clerk, who serves as the licensing authority, for each fixed retail location; the code bars mobile vending entirely, so tobacco products cannot be sold from a cart, booth or vehicle.

Retailers must display the license prominently, post signage on the minimum sales age of 21 at every entrance, and cannot use self-service displays, meaning tobacco and vape products must stay behind a counter or case the customer cannot reach. Employees who sell or handle tobacco products must be at least 18. Clerks must check government-issued photo ID for any buyer who appears under 30. 060 blocks any new license within 500 feet of a public or private school or a youth-populated area such as a playground or youth center, measured property line to property line.

Licenses run for a calendar year, January 1 through December 31, and are non-transferable between owners or locations; a location that changes hands still carries forward its prior violation history unless the sale is an arm's-length transaction. 140.

Violations & Fines

Section 5.36.150 sets escalating penalties per licensed location within a three-year window: a first violation draws a $300 fine with no suspension, a second draws a $600 fine and a three-day suspension, a third draws a $1,200 fine and a 180-day suspension, and a fourth results in revocation for 365 days with no new license for a full year. Section 5.36.170 also allows a civil fine up to $2,650 per violation, pursued by the city attorney, plus attorney fees and costs.

Frequently Asked Questions

Does Fountain's tobacco license apply to vape shops and e-cigarettes?
Yes. Section 5.36.030 defines 'tobacco product' to include 'an electronic smoking device,' so any store selling vapes, e-cigarettes, vape juice or nicotine pods needs the same tobacco product retail license as a cigarette retailer, issued by the city clerk for one fixed location.
How close to a school can a new vape or tobacco shop open in Fountain?
Section 5.36.060 bars any new tobacco product retail license within 500 feet of a public or private school or a youth-populated area, such as a playground or youth center, measured in a straight line between the two property lines. Existing licensed locations are not forced to relocate.
Can a Fountain store use a self-service vape or cigarette display?
No. Section 5.36.050(H) prohibits self-service displays entirely, defining even a vending machine as a self-service display. Tobacco and vape products must be sold directly by the licensee or an employee, and buyers who look under 30 must show government-issued photo ID.
What happens if a Fountain retailer sells tobacco or vapes to someone under 21?
Fines escalate fast under Section 5.36.150: $300 for a first violation, $600 plus a three-day suspension for a second, $1,200 plus a 180-day suspension for a third, and full revocation for 365 days on a fourth violation within any three-year period.

Sources & Official References

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