Colorado Smartphone Restriction – CWEB.com
“Initiative 29 prohibits retailers from selling or permitting the sale of a smartphone to a person under the age of 13, or to any person who indicates that the smartphone will be wholly or partially owned by a person under the age of 13,” the proposal states. “Retailers must verbally inquire about the age of the intended primary owner of the smartphone prior to the sale, document the response, and file a monthly report to the Department of Revenue.”
Summary of Measure
Beginning January 1, 2019, Initiative 29 prohibits retailers from selling or permitting the sale
of a smartphone to a person under the age of 13, or to any person who indicates that the
smartphone will be wholly or partially owned by a person under the age of 13. Retailers must
verbally inquire about the age of the intended primary owner of the smartphone prior to the sale,
document the response, and file a monthly report to the Department of Revenue (DOR) that lists
the type of phone sold (smartphone or cellular) and the age of the intended primary owner at the
time of purchase.
Retailers are defined as a business at a specific location that sells new or used
smartphones, or a provider that operates in another jurisdiction and sells smartphones to a
consumer in Colorado. A smartphone, which the measure distinguishes from a cellular phone,
means a mobile phone that performs many of the functions of a personal computer, or as a
handheld device with mobile internet connectivity.
Under the measure, DOR must create a website portal for the monthly reports, investigate
violations, and collect fees and penalties. The monthly filing fee is $20 from January through
December 2019, and will be set by DOR to cover administrative costs in subsequent years. The
measure sets provisions for hearings to address violations, identifies civil remedies, and specifies
the penalties for violations.