Initiated Ordinance 310: Retain Flavored Tobacco Ban
(Retain Ordinance 24-1765 prohibiting the sale of flavored tobacco products)
Background: In December of 2024, the Denver City Council passed an amendment to Chapters 24 and 34 of the Denver Revised Municipal Code to ban the sale of flavored tobacco products. The ordinance to ban flavored tobacco products was approved by the full Denver City Council by a vote of 11-1. The ban went into effect in March of 2025.
With the goal of making tobacco products less attractive to youth, the ban requires retailers to remove flavored tobacco products, including e-cigarettes, menthol cigarettes, vaporizer cartridges, and nicotine pouches, from their shelves.
Speaking against the ban were representatives of a group of vape and tobacco store owners who formed the coalition which is now asking voters to remove the prohibition of the sale of tobacco flavored products
Until January 1, 2026, the Denver Department of Public Health and Environment will focus on educating retailers about the Ordinance. No fines or suspensions have been imposed to date.
Major Provisions: This initiative asks voters if they want to retain the city’s ban on flavored tobacco products.
Those in favor of retaining the ban say:
- Flavors hook kids. Eight in ten youth who try tobacco start with a flavored product, like bubble-gum or cotton-candy vapes, designed to appeal to kids.
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High doses of nicotine harm kids’ health. Flavored vapes can expose kids to dangerous, toxic chemicals like formaldehyde and lead. Nicotine is highly addictive and can harm the developing brain, impacting attention, learning, mood, and impulse control.
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Big Tobacco is targeting Denver's kids. When the tobacco industry makes sweet products that taste like candy – flavors like Sugar Cookie, Banana Split and Cotton Candy Denver’s flavored tobacco sales ban protects kids. – or use packaging and gimmicks like video games to draw kids in, they know exactly what they are doing: drawing kids in and creating life-long customers.
- A yes vote to retain Denver’s flavored tobacco ban will protect Denver kids from Big Tobacco and take flavored tobacco products off store shelves.
Those opposed to retaining the ban say:
- The ban on flavored tobacco sales would cost Denver $13 million in annual tax revenue at a time when the city faces a projected $200 million budget deficit in 2026 and has already cut its workforce by 8%. Reducing city revenue further would jeopardize essential services that residents rely on.
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If retained, the ban will devastate more than 100 local, family and minority-owned businesses, forcing closures and potential layoffs of thousands of workers. Instead of protecting our community, the law shifts sales to nearby cities, hurting Denver while doing nothing to reduce use.
- Adults should be trusted to make their own decisions about legal products. There are already strict laws and enforcement that are taken seriously by both tobacco retailers and Denver authorities. This measure does nothing to improve enforcement; it simply removes legal products from the market and punishes small-family and minority-owned businesses who are already playing by the rules.
A “yes” vote means that the ban on flavored tobacco products would remain in place.
A “no” vote would remove the ban and permit the sale of flavored tobacco products in retail stores in Denver.
Referred Initiatives 2A – 2E: Vibrant Denver General Obligation Bond Package
These five initiatives were referred to the ballot by the City Council after their development by the Mayor’s Office with input from the community including 6,200 survey responses and almost 1,000 participants at community meetings. City Council members also made recommendations that led to changes.
This general obligation (GO) bond, like the previous RISE and ELEVATE bonds, uses existing property tax revenues to pay off the new debt over several decades. It would not result in higher property taxes. The city believes it can afford the debt service because it is winding down its debt payments on previous bond packages.
The proposal includes $950 million for the projects, but the city would pay another $1 billion in interest on the debt. It includes 60 projects and is split into five separate ballot measures based on kind of project. Each of the five proposals received a strong majority of Council support.
Individual Titles and Major Provisions
Note: Voters will be voting on each of the following proposals separately.
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- 8th Avenue Viaduct & Multimodal Improvements
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- West 38th Avenue Multimodal Project
- Park Hill Park Buildout
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- Aztlan Pool Replacement
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- First Responder and Public Safety Training Center
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- American Indian Cultural Embassy
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2E - Housing and shelter infrastructure and facilities bond: $59.3 million (maximum repayment cost of $94 million) for repairs and improvements to housing and shelter infrastructure, including Affordable Housing and Mitigate Residential Displacement, Sheltering ADA and Safety improvements, and Co-Located Housing and Library on the East Side of Denver
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By funding local, high-impact projects now, we can foster equity, strengthen the vibrancy and economic resilience of our city and avoid higher costs for critical infrastructure down the road.
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- These bond issues promise10,000 jobs and $2 billion in economic impact.
Those opposed say:
- It takes twice as much valuable money, whatever it is that we want for our City, when we use debt. When we use debt, we end up with a lot less for the City as we give our money to the bank.
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- Public cost breakdown for many of the 59 proposed projects in the bond have not been provided. Taxpayers should not be asked to authorize nearly a billion dollars in new debt without seeing the documentation that supports it.
A “yes” vote for any of the ballot measures would mean: An existing mill levy that voters have previously authorized for paying back bonds would be extended and the proposed projects would move forward.
A “no” vote for any of the ballot measures would mean: The city would continue to use the existing mill levy to pay down current bonds faster and the proposed projects would not move forward.
Referred Initiatives 2F: Changing the name of the Department of Excise and Licenses to the Department of Licensing and Consumer Protection
The Department of Excise and Licenses became a separate agency of the city in 1971, but it does not collect excise taxes. That is done by the Department of Finance.
The role of the Department is primarily the regulation of businesses through issuing licenses to businesses and individuals. Some of the licensing includes childcare facilities, food vendors, marijuana businesses and liquor licenses, alarm companies, security guards, and short-term rentals.
The Department also educates licensees on the importance of compliance with licensing regulations, corrects noncompliance to hold licensees accountable, and creates confidence in regulated businesses by ensuring licensees meet public health and safety standards.
The proposed change was initiated by the current executive director of the Department with consent of Mayor Johnston.
- Changes the name of the Excise and Licenses to Department of Licensing and Consumer Protection in the City Charter.
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- Continues the work currently done by the Department of Excise and Licenses.
- The current name is confusing and misleading because it references functions that the Department does not oversee (excise taxes). This change will help the public understand and better access the critical work of the agency.
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There is no known opposition to this charter change.
A “yes” vote means: The name of the Department of Excise and Licenses will be changed to Department of Licensing and Consumer Protection, and the Manager will become part of the Mayor’s Cabinet.
A “no” vote means: The Department will continue to be called the Department of Excise and Licenses and the Director will not be part of the Mayor’s Cabinet.
Referred Initiatives 2G: Referred Amendment to Change the method that the two Denver City Council at-large positions are elected
Background: This Referred Amendment to the Charter of the City and County of Denver was initiated by a few City Council members and referred to the voters by a vote of City Council.
Currently, candidates for the two Councilmember-at-large positions run on a single ballot with the top two vote getters elected for a four-year term. The candidates only need to receive the greatest or second greatest number of votes to win. They do not need to get a majority of the votes cast. The other eleven City Council members are elected in specific districts and must get a majority of the votes cast for their office in the general or runoff election.
The Council members who proposed this charter change believe all city officials should be elected with a majority of the voters, as there have been instances where voters cast their vote for only one of the candidates instead of two.
- The charter amendment changes the At-Large Council positions by separating them into two separate seats: Councilmember-at-large Seat A and Councilmember-at-large Seat B. Candidates will have to choose which of the two seats that they want to run for.
- Each successful candidate would have to receive a majority of the votes cast for their respective seat in either the general City and County election or in a runoff election, as do other city-wide elected officials.
- Officials representing a citywide constituency should be elected by a citywide majority; election methods should not discourage people from casting all their votes as our current method does.
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The voters’ original intent when the Council At-large seats were established was that they be elected by a majority. But lawsuits left Denver with a hybrid plurality-winner system that has resulted in members being elected with as little as 17% of the vote, and an average election percentage for all winners of just 29%. This amendment restores the original intent and will result in majority winners every time, while encouraging more candidates to join the race.
- The vote-for-two on a single ballot prompts too many voters to waste their second choice with “single-shot” voting only for their favorite. Undervoting in the At-large race is substantially higher than all other races and because of this, 32% of all votes left blank. This amendment eliminates single-shot voting, thereby increasing voter participation.