(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them below:

Account holder means the person or business entity named on the face of a financial transaction device to whom or for whose benefit the financial transaction device is issued by an issuer.

Financial transaction device means any instrument or device, whether known as a credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card, or account number representing a financial account or affecting the financial interest, standing, or obligation of or to the account holder, that can be used to obtain cash, goods, property, or services or to make financial payments, but shall not include a "check," a "negotiable order of withdrawal," or a "share draft" as defined C.R.S. § 18-5-205.

Issuer means any person or banking, financial, or business institution, corporation, or other business entity that assigns financial rights by acquiring, distributing, controlling, or cancelling a financial transaction device.

(b) It shall be unlawful to commit the unauthorized use of a financial transaction device. A person commits the unauthorized use of a financial transaction device when he or she, with intent to deceive or defraud, uses such device for the purpose of obtaining cash, credit, property, or services in an amount less than $2,000.00, or for making financial payment in an amount less than $2,000.00, when he or she has notice that either:

(c) For purposes of subsection (b) of this section, "notice" includes either notice given in person or notice given in writing to the account holder. The sending of a notice in writing by registered or certified mail, return receipt requested, duly stamped and addressed to such account holder at his last address known to the issuer, evidenced by a signed returned receipt signed by the account holder, is prima facie evidence that the notice was received. (Ord. No. 2018-07, § 1, 4-9-2018)