The purpose of this Article is to implement the provisions of Article 43.3 of Title 12, C.R.S., known as the Colorado Medical Marijuana Code, and to regulate medical marijuana businesses in the interest of public health, safety and general welfare. In particular, this Article is intended to regulate the sale and distribution of marijuana in the interests of patients who qualify to obtain, possess and use marijuana for medical purposes under Article XVIII, Section 14 of the Colorado Constitution, while promoting compliance with other state laws that prohibit trafficking in marijuana for non-medical purposes. Nothing in this Article is intended to promote or condone the sale, distribution, possession or use of marijuana in violation of any applicable law. Compliance with the requirements of this Article shall not provide a defense to criminal prosecution under any applicable law.

(Ord. 14-14 §1, 2014)

(a)

The following words and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity.

Colorado Medical Marijuana Code shall mean Title 12, Article 43.3 of the Colorado Revised Statutes, as amended from time to time, and any rules or regulations promulgated thereunder.

Cultivation or cultivate shall mean the process by which a person grows a marijuana plant.

License shall mean a document issued by the City officially authorizing an applicant to operate a medical marijuana business pursuant to this Article.

Licensee shall mean the person or entity to whom a license has been issued pursuant to this Article.

Medical marijuana business or business shall mean a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code.

Residential zoning district shall mean and include the following City zone districts:

(1)

Residential A District;

(2)

Residential B District;

(3)

Residential 1 District;

(4)

Residential 2 District;

(5)

Residential 3 District;

(6)

Residential-Commercial 1 District;

(7)

Residential-Commercial 2 District;

(8)

Residential 4 District;

(9)

Residential Planned Development District; and

(10)

Residential Trailer District.

State shall mean the state of Colorado.

(b)

In addition to the definitions contained in Subsection (a), other terms used in this Article shall have the meaning ascribed to them in Article XVIII, Section 14, of the Colorado Constitution or the Colorado Medical Marijuana Code, and such definitions are hereby incorporated into this Article by this reference.

(Ord. 14-14 §1, 2014; Ord. 2017-13 § 1, 2017; Ord. 2018-14 §6, 2018)

There shall be and is hereby created a Medical Marijuana Licensing Authority hereafter referred to in this Article as the "Authority."

(Ord. 14-14 §1, 2014)

The Authority shall be the City Clerk.

(Ord. 14-14 §1, 2014)

(a)

The Authority shall have the duty and authority pursuant to the Colorado Medical Marijuana Code and this Article to grant or deny licenses, as well as all powers of a local licensing authority as set forth in the Colorado Medical Marijuana Code.

(b)

The Authority shall have the power to: (i) promulgate rules and regulations concerning the procedures for hearings before the Authority; (ii) require any applicant or licensee to furnish any relevant information required by the Authority; and (iii) administer oaths and issue subpoenas to require the presence of persons and the production papers, books and records at any hearing that the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by a district court of the state.

(Ord. 14-14 §1, 2014)

(a)

It shall be unlawful for any person to establish or operate a medical marijuana business in the City without first having obtained from the City and the state a license for each facility to be operated in connection with such business. Such licenses shall be kept current at all times and shall be conspicuously displayed at all times in the premises to which they apply. The failure to maintain a current license shall constitute a violation of this Section.

(b)

Any license issued by the Authority under this Article shall expire one (1) year after the date of its issuance.

(c)

An application for renewal of an existing license shall be made on forms provided by the City and the state. At the time of the renewal application, each applicant shall pay a nonrefundable fee to the City, as set forth in the fee schedule adopted by the City Council from time to time, to defray the costs incurred by the City for review of the application and inspection of the proposed premises, as well as any other costs associated with the processing of the application.

(d)

Notwithstanding the provisions of Subsection (a), a licensee whose license has been expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee, as set forth in the fee schedule adopted by the City Council from time to time.

(Ord. 14-14 §1, 2014; Ord. 2016-04, §17, 2016)

(a)

Prior to making an application for a license pursuant to the Colorado Medical Marijuana Code and the provisions of this Article, the person potentially seeking the license shall first attend at least one (1) pre-application meeting with the City Manager, City Clerk, and any other City official or employee whose presence is requested by the City Manager or City Clerk. The purpose of the pre-application meeting is to advise the potential applicant as to the process for applications under this Article, to answer preliminary questions from the potential applicant, and to provide an opportunity to identify issues that might preclude the issuance of a license pursuant to this Article. Prior to such pre-application meeting, the potential applicant shall pay a pre-application fee to the City, as set forth in the fee schedule adopted by the City Council from time to time, to defray the costs incurred by the City in conducting the meeting.

A person applying for a new license or to change the location, physical premises or ownership of an existing license pursuant to the Colorado Medical Marijuana Code and the provisions of this Article shall submit an application to the City on forms provided by the state and City. At the time of any such application, each applicant shall pay an application fee to the City, as set forth in the fee schedule adopted by the City Council from time to time, to defray the costs incurred by the City for review of the application, inspection of the proposed premises, when applicable, as well as any other costs associated with the processing of the application. In addition, the applicant shall present for recording one (1) of the following forms of identification:

(1)

An identification card issued in accordance with Section 42-2-302, C.R.S.;

(2)

A valid state driver's license;

(3)

A valid driver's license containing a picture issued by another state;

(4)

A United States military identification card;

(5)

A valid passport; or

(6)

An alien registration card.

(b)

The applicant shall also provide the following information on a form approved by, and acceptable to, the City, which information shall be required for the applicant and the proposed manager of the medical marijuana business:

(1)

Name, address, date of birth, and other identifying information as may be required;

(2)

An acknowledgement and consent that the City will be entitled to full and complete disclosure of all financial records of the medical marijuana business, including but not limited to records of deposits, withdrawals, balances and loans;

(3)

If the applicant is a business entity, information regarding the entity, including without limitation the name and address of the entity, its legal status and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable;

(4)

A copy of the deed reflecting the applicant's ownership of, or a lease reflecting the right of the applicant to possess, the proposed licensed premises;

(5)

If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana business;

(6)

Evidence of the issuance of a valid City business license;

(7)

Evidence of the issuance of a valid State of Colorado medical marijuana business license for the proposed licensed premises;

(8)

A business operation plan for the medical marijuana business that contains, at a minimum:

A description of any cultivation activities within the medical marijuana business which includes, without limitation, the area in which plants will be grown, a description of the lighting system for cultivation, a description of the ventilation and odor filtration system for the premises, if any, and a description of the automatic fire suppression system, if any; and

(9)

Any additional information that the Authority reasonably determines to be necessary in connection with the investigation, review and determination of the application.

(c)

A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the medical marijuana business including, without limitation, any development approvals or building permits required by this Code.

(d)

Upon receipt of a complete application, the Authority shall circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations. No license shall be approved until after the Authority has caused the proposed premises to be inspected to determine compliance of the premises with any applicable requirements of this Article and Code, and with the plans and descriptions submitted as part of the application. Within thirty (30) days after the completion of the Authority's investigation of the application, the Authority shall issue a written decision approving or denying the application for licensure, which decision shall state the reason(s) for the decision and be sent via certified mail to the applicant at the address shown in the application. In addition, the Authority shall promptly notify the state medical marijuana licensing authority of any approval of an application for local licensure.

(e)

After approval of an application, the Authority shall not issue a license or license certificate until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures and equipment in place as are necessary to comply with the applicable provisions of this Article. Each license certificate issued by the City pursuant to this Article shall specify the date of issuance, the period of licensure, the name of the licensee, and the premises or optional premises licensed.

(Ord. 14-14 §1, 2014; Ord. 2016-04 §18, 2016)

The Authority shall deny any application that does not meet the requirements of this Article and may deny an application that does not meet the requirements of the Colorado Medical Marijuana Code. The Authority shall also deny any application that contains any false, misleading or incomplete information. Denial of an application for a license shall be subject to review by a court of competent jurisdiction.

(Ord. 14-14 §1, 2014)

No license shall be issued to, held by, or renewed by any of the following:

(1)

Any applicant who has made a false, misleading or fraudulent statement, or who has omitted pertinent information, on the application for a license;

(2)

Any applicant for an optional premises cultivation operation license unless the applicant is simultaneously applying for, or currently holds, a license for a medical marijuana center or a medical marijuana-infused products manufacturing facility in the City; and

(3)

Any applicant for a medical marijuana-infused products manufacturer license unless the applicant is also applying for, or currently holds, a license for a medical marijuana center in the City.

(Ord. 14-14 §1, 2014)

(a)

No medical marijuana business shall be issued a license if, at the time of application for such license, the proposed location is within five hundred (500) feet of any educational institution or school, either public or private.

(b)

The distances set forth in Subsection (a) shall be computed by direct measurement in a straight line from the nearest property line of the educational institution or school, to the nearest property line of the lot on which the medical marijuana business is located.

(c)

The locational criteria contained in Subsection (a) shall apply to all proposed changes in the location of an existing license.

(d)

Any provisions of this Code concerning home occupations notwithstanding, no medical marijuana business shall be located in a residential zoning district.

(e)

No medical marijuana center shall be issued a license if the proposed location, if approved, will exceed the maximum number of licensed locations permitted in the City.

(1)

The maximum total combined number of medical marijuana centers and retail marijuana stores in the City shall not exceed five (5). For purposes of this Subsection, a medical marijuana center and a retail marijuana store co-located in accordance with Section 16-32-110 shall be counted as one (1) center/store. The limitations of this Subsection on the maximum total combined number of medical marijuana centers and marijuana stores shall not be applied so as to effect licenses in existence as of May 1, 2015, nor to the renewal of any such licenses.

(Ord. No. 14-14 §1, 9-4-2014; Ord. No. 2015-07 §1, 5-28-2015)

Editor's note— Ord. No. 2015-07, § 1, adopted May 28, 2015, amended the title of § 16-30-100, to read as set out herein. Previously § 16-30-100 was titled locational criteria.

Medical marijuana businesses shall be subject to the following additional requirements:

(1)

All medical marijuana dispensing, production, manufacturing and cultivation activities shall be conducted indoors.

(2)

All product storage shall be indoors. Products, accessories, and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. All medical marijuana or medical marijuana-infused products ready for sale shall be in a sealed or locked cabinet except when being accessed for distribution.

(3)

No marijuana shall be consumed on the licensed premises.

(4)

Cultivation of marijuana by the use of any light or lighting system other than a fluorescent light, light emitting diode ("LED"), or fluorescent or LED lighting system is only permitted when the premises are equipped with an automatic fire suppression system that meets the requirements of National Fire Protection Association standard number 13 that is referenced in section 903.3.1.1 of the 2006 International Building Code. Approval of the automatic fire suppression system by the Fire Chief under the above-referenced standard is required prior to any cultivation process beginning.

(5)

The cultivation of marijuana that results in any single marijuana plant of a height greater than twelve (12) inches is only permitted when the premises are equipped with a system that removes the odors of the marijuana being cultivated so that the odor is not detectable from the exterior of the business or from within any adjoining premises. Approval of the odor removal system by the Building Inspector is required prior to any cultivation process beginning. The Building Inspector's determination of the adequacy of any proposed odor-removing system shall be based on their reasonable determination of the ability of the proposed system to remove odors as required by this subsection, which determination shall be based upon the manufacturer's or an engineer's design specifications for the system as they relate to the premises in question.

(Ord. No. 14-14 §1, 9-4-2014; Ord. 2025-02 §1, 2025)

All signage associated with a medical marijuana business shall meet the standards established in this Code for signs.

(Ord. No. 14-14 §1, 9-4-2014)

(a)

It shall be unlawful for any licensee to permit the consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises.

(b)

It shall be unlawful for any licensee holding a medical marijuana center license, or any agent or employee thereof, to sell, give, dispense or otherwise distribute medical marijuana from any outdoor location.

(c)

It shall be unlawful for any optional premises cultivation operation to:

(1)

Operate in the City, unless it operates within the licensed premises of, and as an optional premises to, a medical marijuana center or a medical marijuana-infused products manufacturer located in the City that is under the same ownership as the optional premises cultivation operation; or

(2)

Sell, give, dispense or otherwise distribute medical marijuana except to a medical marijuana center or medical marijuana-infused products manufacturer located in the City that is under the same ownership as the optional premises cultivation operation.

(d)

It shall be unlawful for any medical marijuana-infused products manufacturer to:

(1)

Operate in the City unless its owner also holds a medical marijuana center license in the City, and the medical marijuana infused products manufacturer operates within the licensed premises of the medical marijuana center; or

(2)

Sell, give, dispense or otherwise distribute any of the products that it manufactures except to a medical marijuana center located in the City that is under the same ownership as the medical marijuana-infused product manufacturer.

(e)

After issuance of a license, it shall be unlawful for a licensee to make a physical change, alteration or modification of the licensed premises that materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without obtaining the prior written approval of the Authority and the state licensing authority. For purposes of this Subsection, physical changes, alterations or modification of the licensed premises, or in the usage of the premises requiring prior written approval, shall include but not be limited to the following:

(1)

Any increase or decrease in the size or physical capacity of the licensed premises;

(2)

The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress and/or egress, when such common entryway, doorway or passage alters or changes the cultivation, harvesting of, or sale or distribution of medical marijuana within the licensed premises;

(3)

Any enlargement of a cultivation area; and

(4)

Any change in the interior of the premises that would affect the basic character of the premises or physical structure that existed in the plan on file as part of the latest prior application.

(Ord. No. 14-14 §1, 9-4-2014; Ord. No. 2015-07 §2, 5-28-2015)

(a)

In addition to any requirements under the Colorado Medical Marijuana Code, and any rules or regulations promulgated thereunder requiring licensees to maintain books and records, every optional premises cultivation operation shall maintain an accurate and complete record of all medical marijuana cultivated, all medical marijuana processed into usable form, and all medical marijuana sold, given away, dispensed, or otherwise distributed or removed from the licensed premises. Such records shall include:

(1)

The total quantity of medical marijuana cultivated and the total usable quantity of medical marijuana produced from time to time, including the date(s) of cultivation and the date(s) on which cultivated medical marijuana was reduced to usable form; and

(2)

The date and time at which any medical marijuana was removed from the licensed premises, including the amount of medical marijuana removed, the person who removed it, the location to which the medical marijuana was delivered, and the date and time of such delivery.

(b)

In addition to any requirements under the Colorado Medical Marijuana Code, and any rules or regulations promulgated thereunder requiring licensees to maintain books and records, every medical marijuana-infused products manufacturer shall maintain an accurate and complete record of all medical marijuana obtained, all medical marijuana processed into infused product form, and all medical marijuana-infused products sold, given away, dispensed, or otherwise distributed or removed from the licensed premises. Such records shall include:

(1)

A description of each and every medical marijuana-infused product produced from time to time, including the total quantity of medical marijuana used to manufacture the item(s) and the number of individual products manufactured, including the date(s) on which the medical marijuana was obtained and the date(s) on which the medical marijuana was reduced to a particular salable product; and

(2)

The date and time at which any medical marijuana-infused product was removed from the licensed premises, including the amount of product removed, the person who removed it, the location to which the medical marijuana-infused product was delivered, and the date and time of such delivery.

(c)

All events and/or transactions that are to be recorded pursuant to this Section shall be kept in a numerical register in the order in which they occur.

(d)

All records required to be kept under this Section must be kept in the English language in a legible manner and must be preserved and made available for inspection by the City for a period of three (3) years after the date of the occurrence and/or transaction.

(Ord. No. 14-14 §1, 9-4-2014)

During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Chief of Police, the Fire Chief, the Building Official, or the authorized representative of any of them, for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the premises consists of a locked area, such area shall be made available for inspection, without delay, upon request.

(Ord. No. 14-14 §1, 9-4-2014)

(a)

The Authority may suspend, revoke or refuse to renew a license for any of the following reasons:

(1)

The applicant or licensee, or their agent, manager or employee, have violated, do not meet, or have failed to comply with, any of the terms, requirements, conditions or provisions of this Article or with any applicable state or local law or regulation;

(2)

The applicant or licensee, or their agent, manager or employee, have failed to conduct the licensed operations in conformance with the application pursuant to which the license was issued, or have failed to comply with any special terms or conditions of its license pursuant to the order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the license; or

(3)

The medical marijuana business has been operated in a manner that adversely affects the public health, safety or welfare.

(b)

The Authority shall not suspend or revoke a license until after notice and an opportunity for hearing has been provided to the licensee.

(c)

The Authority shall not hold a hearing on a license renewal application unless a complaint has been filed concerning the licensee or there are allegations against the licensee that, if established, would be grounds for suspension, revocation or non-renewal under Subsection (a).

(d)

Evidence to support a finding under Subsection (a)(3) may include, without limitation, a continuing pattern of disorderly conduct or drug-related criminal conduct within the premises of the marijuana business or in the area immediately surrounding such business, or a continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana business.

(Ord. No. 14-14 §1, 9-4-2014; Ord. 2025-02 §1, 2025)

In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including but not limited to any licensee, manager or employee of a medical marijuana business, or any customer of such business, who violates any provision of this Article, shall be guilty of a misdemeanor punishable in accordance with Section 1-4-20.

(Ord. No. 14-14 §1, 9-4-2014)

(a)

By accepting a license issued pursuant to this Article, the licensee waives any claim concerning, and releases the City, its officers, elected officials, employees, attorneys and agents from, any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers of the licensee for a violation of state or federal laws, rules or regulations.

(b)

By accepting a license issued pursuant to this Article, all licensees, jointly and severally if more than one (1), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical marijuana business that is the subject of the license.

(c)

The issuance of a license pursuant to this Article shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation, possession, sale, distribution or use of marijuana.

(Ord. No. 14-14 §1, 9-4-2014)

Any medical marijuana business holding a City license on the effective date of City Council Ordinance 09-11 shall, not less than thirty (30) days before the next annual anniversary thereafter of the date on which the license was issued, make application to the City for a medical marijuana business license pursuant to the provisions of Section 16-30-70 and, thereafter, may make annual renewal applications pursuant to the provisions of Section 16-30-60.

(Ord. No. 14-14 §1, 9-4-2014)

(a)

The pre-application fee for the pre-application conference required by Section 16-30-70 shall be the nonrefundable sum set forth in the fee schedule adopted by the City Council from time to time.

(b)

The fee for an initial application for licensure of a medical marijuana business under Section 16-30-70 shall be the nonrefundable sum set forth in the fee schedule adopted by the City Council from time to time. In addition to such fee, each applicant shall make a cash deposit with the City in the amount set forth in the fee schedule adopted by the City Council from time to time (hereinafter the "Cash Deposit"), which amount shall be refundable, as further provided below, and shall be used by the City to reimburse the City's direct and indirect costs in processing the application that are not covered by the nonrefundable portion of the fee, including, but not limited to, outside consultant fees necessary to review the application, such as legal, planning and engineering fees, as well as the costs of document recordation and/or reproduction.

(c)

The fee for an application for license renewal under Section 16-30-60 shall be the nonrefundable sum set forth in the fee schedule adopted by the City Council from time to time.

(d)

The City shall maintain a separate account of the Cash Deposit and track all monies deposited into and withdrawn from such account throughout the application process. The City shall make monthly statements of account activity available to the applicant.

(e)

A Cash Deposit account shall maintain a minimum balance in an amount not less than seven hundred fifty dollars ($750.00). The City shall provide written notice to the applicant when the account balance is below such minimum amount and the applicant shall pay the amount necessary to meet or exceed the minimum balance within ten (10) days of the City's notice. Failure by the applicant to replenish the account within the time specified shall unlawful and, in addition, shall be cause for the City to cease processing the application, to refrain from scheduling the application for consideration before any City body or person, to deny approval of the application and to withhold the issuance of a license certificate.

(f)

Within ninety (90) days after final approval of the application or within ninety (90) days after the date on which the applicant has given written notice that they will not proceed with the application, the City will determine the balance owing to the applicant, that amount being the amount deposited over the costs incurred, and return that amount to the applicant's mailing address on file.

(g)

For purposes of the administration of the fees and Cash Deposit under this Section, the City Manager shall, from time to time, determine and create a written schedule of the dollar per hour cost to the City in employing employees or engaging consultants who may provide services to the City in connection with the processing, review, inspection and/or decision-making in connection with an application under this Article, and shall use such schedule to determine the City's direct and indirect costs of processing applications under this Article. Such schedule shall add a fifteen percent (15%) administrative cost to the actual cost to the City of each employee or consultant listed therein.

(h)

If the City incurs costs beyond the amount deposited with the City and the applicant fails to pay such costs within sixty (60) days after written notice from the City, the City may avail itself of any remedy available at law or in equity to collect such costs. The City may also assess interest on any such amount past due at the rate of eighteen percent (18%) per annum.

(Ord. No. 14-14 §1, 9-4-2014; Ord. 2025-02 §1, 2025)