(a)

The purpose of this Article is to implement the Colorado Retail Marijuana Code, which authorizes the licensing and regulation of retail marijuana businesses and affords the City the option to determine whether or not to allow retail marijuana businesses within its jurisdiction and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law. The intent of this Article is to establish a nondiscriminatory mechanism by which the City can control, through appropriate regulation, the location and operation of retail marijuana establishments within the City. 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.

(b)

If the State adopts any stricter regulation governing the sale or distribution of retail marijuana or retail marijuana products than that set forth in this Article, the stricter regulation shall control the establishment or operation of any retail marijuana establishment in the City. A licensee may be required to demonstrate, upon demand by the local licensing authority or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with applicable state regulation. If the State prohibits the sale or other distribution of marijuana, any license issued under this Article shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress by the licensee. The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana.

(Ord. 20-13 §1, 2013)

(a)

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

Applicant means 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 members and managers of such entity.

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

Colorado Retail Marijuana Code means Title 12, Article 43.4 of the Colorado Revised Statutes, as amended from time to time, and any rules or regulations promulgated thereunder.

Consumer means a person twenty-one (21) years of age or older who purchases marijuana or marijuana products for personal use by a person twenty-one (21) years of age or older, but not for resale to others.

Cultivation orcultivate means the process by which a person grows a marijuana plant.

Dual operation means a business that operates as both a licensed medical marijuana business and a licensed marijuana store in accordance with Section 16-32-110 of this Article.

Good cause (for the purpose of refusing or denying a license or license renewal under this Article) means: (1) the licensee has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of this Article, of the Colorado Retail Marijuana Code or of any rule and regulation promulgated pursuant to this Article or the Colorado Retail Marijuana Code; (2) the licensee has failed to comply with any special terms or conditions that were placed on its license, whether state or local, at the time the license was issued, or that were placed on its license, whether state or local, in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or (3) the licensee's retail marijuana establishment has been found to have been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the retail marijuana establishment is located. Evidence to support such a finding can include: (i) a continuing pattern of offenses against the public peace; (ii) a continuing pattern of drug-related criminal conduct within the premises of the retail marijuana establishment or in the immediate area surrounding the retail marijuana establishment; or (iii) a continuing pattern of criminal conduct directly related to or arising from the operation of the retail marijuana establishment.

Industrial hemp means the plant of the genus Cannabis and any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (0.03%) on a dry-weight basis.

License means a document issued by the City officially authorizing an applicant to operate a retail marijuana establishment pursuant to this Article or, if required by the context, means a document issued by the state licensing authority pursuant to the Colorado Retail Marijuana Code.

Licensed premises means the premises specified in an application for a license under this Article which is owned or in possession of the licensee and within which the licensee is authorized to cultivate, test, manufacture, distribute or sell retail marijuana or retail marijuana products in accordance with state and local law.

Licensee means the person or entity to whom as license has been issued pursuant to this Article.

Marijuana means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing or containing marijuana, or for ingesting, inhaling or otherwise introducing marijuana into the human body.

Marijuana cultivation facility means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to marijuana stores, to marijuana product manufacturing facilities and to other marijuana cultivation facilities, but not to consumers.

Marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to marijuana stores, but not to consumers.

Marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers.

Marijuana testing facility means an entity licensed to analyze and certify the safety and potency of marijuana.

Medical marijuana business means 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 means and includes 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.

Retail marijuana means marijuana that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment.

Retail marijuana establishment means a marijuana store, a marijuana cultivation facility, a marijuana products manufacturing facility or a marijuana testing facility.

Retail marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption, including, without limitation, edible products, ointments and tinctures.

State means the State of Colorado.

State licensing authority means the authority created by the Colorado Department of Revenue for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale and testing of retail marijuana in the State pursuant to Section 12-43.4-201, C.R.S.

(b)

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

(Ord. 20-13 §1, 2013)

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

(Ord. 20-13 §1, 2013)

The Authority shall be the City Clerk.

(Ord. 20-13 §1, 2013)

(a)

The Authority shall have the duty and authority pursuant to this Article to grant or deny licenses for retail marijuana establishments.

(b)

The Authority shall have the power to: (1) promulgate rules and regulations concerning the procedures for hearings before the Authority; (2) require any applicant or licensee to furnish any relevant information required by the Authority; and (3) administer oaths and issue subpoenas to require the presence of persons and the production of 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. 20-13 §1, 2013)

(a)

It is unlawful for any person to operate any retail marijuana establishment within the City other than a retail marijuana establishment that has been licensed by the state licensing authority. It is further unlawful for any person to operate any retail marijuana establishment within the City without first having obtained from the Authority a license for the retail marijuana establishment. 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 state or City license shall constitute a violation of this Section.

(b)

Any license issued by the Authority under this Article shall expire at such time as any license then issued by the State for the retail marijuana establishment expires.

(c)

An application for renewal of an existing license shall be made on forms provided by the Authority.

(d)

A licensee shall collect and remit City sales tax on all retail marijuana, retail marijuana products, paraphernalia and other tangible personal property sold at retail.

(e)

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 retail marijuana establishment, including, without limitation, a City business license, and any development approvals or building permits required by any applicable provisions of this Code.

(Ord. 20-13 §1, 2013)

(a)

Prior to making an application for a license pursuant to the Colorado Retail Marijuana Code and the provisions of this Article, the person potentially seeking the license shall first attend at least one (1) preapplication 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 preapplication 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 which might preclude the issuance of a license pursuant to this Article. A person seeking a license pursuant to the provisions of this Article shall submit an application to the City on forms provided by the Authority. As a part of any such application, 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 United States military identification card; or

(4)

A valid passport.

(b)

The applicant shall also provide the following information on a form provided by the Authority, which information shall be required for the applicant and the proposed manager of the retail marijuana establishment:

(1)

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

(2)

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;

(3)

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;

(4)

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 retail marijuana establishment;

(5)

Evidence of the issuance of a valid City business license;

(6)

Evidence of the issuance of a retail marijuana establishment license by the state licensing authority for the proposed licensed premises;

(7)

If the retail marijuana establishment will be manufacturing or providing retail marijuana products in an edible form, evidence, at a minimum, of a pending application for any food establishment license or permit that may be required by the State and/or County; and

(8)

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

(c)

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. 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 reasons 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 licensing authority of any approval of an application for local licensure.

(d)

The Authority may impose such reasonable terms and conditions on a license as may be necessary or desirable to ensure compliance with the requirements of this Article.

(Ord. 20-13 §1, 2013)

The Authority shall deny any application that does not meet the requirements of this Article. The Authority shall deny any application that contains any false, misleading or incomplete information. The Authority shall deny an application for good cause. Denial of an application for a license shall not be subject to further administrative review, but shall be subject to review by a court of competent jurisdiction.

(Ord. 20-13 §1, 2013)

(a)

A retail marijuana establishment shall be operated from a permanent, indoor location and, except as further limited in this Section, within a zone district of the City that allows for the type of use(s) to be conducted by the retail marijuana establishment. No retail marijuana establishment shall be permitted to operate from a moveable, mobile or transitory location. The suitability of a location for a retail marijuana establishment shall be determined at the time of the issuance of the first license. The fact that later changes in the neighborhood occur that may render the site unsuitable for a retail marijuana establishment shall not be grounds to suspend, revoke or refuse to renew the license. No retail marijuana establishment 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 lot used for the educational institution or school, to the nearest property line of the lot on which the retail marijuana establishment is proposed to be 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 retail marijuana establishment shall be located in a residential zoning district.

(e)

No marijuana store 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 paragraph 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. 20-13 §1, 2013; Ord. No. 2015-07 §3, 5-28-2015)

Editor's note— Ord. No. 2015-07, § 3, adopted May 28, 2015, amended the title of § 16-32-90, to read as set out herein. Previously § 16-32-90 was titled locational criteria.

Marijuana stores shall be subject to the following additional requirements:

(1)

A licensed marijuana store may sell retail marijuana or retail marijuana products only to persons twenty-one (21) years of age or older and only in the following quantities:

a.

Up to one (1) ounce of retail marijuana or its equivalent in retail marijuana products during a single sales transaction to Colorado residents; or

b.

Up to one-quarter (0.25) ounce of retail marijuana or its equivalent in retail marijuana products during a single sales transaction to a non-Colorado resident.

(2)

The following forms of identification may be accepted to determine Colorado residency: a valid State of Colorado driver's license; a valid State of Colorado identification card; or any other valid government-issued picture identification that demonstrates that the holder of the identification card is a Colorado resident.

(3)

The retail marijuana and retail marijuana products offered for sale and distribution shall be packaged and labeled in accordance with state law.

(4)

No marijuana shall be consumed on the licensed premises.

(Ord. 20-13 §1, 2013)

Any provision of Section 16-32-90 above or of Section 16-30-100 notwithstanding, any medical marijuana business that has been issued a license by the City pursuant to Article 30 of this Chapter, and by the State pursuant to the Colorado Medical Marijuana Code, whether for a medical marijuana center, optional premises cultivation operation, or medical-infused products manufacturer, or any combination thereof, each as defined in the Colorado Medical Marijuana Code, may share its existing location with a licensed marijuana store in accordance with state law. Any provision of Section 16-32-90 above or of Section 16-30-100 notwithstanding, any marijuana store that has been issued a license by the City pursuant to this Article, and by the state pursuant to the Colorado Retail Marijuana Code, may share its existing location with a medical marijuana business in accordance with state law, whether such business is a medical marijuana center, optional premises cultivation operation, or medical-infused products manufacturer, or any combination thereof, each as defined in the Colorado Medical Marijuana Code.

(Ord. 20-13 §1, 2013; Ord. 2021-02 §1, 2021)

Any other provision of this Code notwithstanding, any medical marijuana business that has, as of October 1, 2013, been issued a license pursuant to Article 30 of this Chapter, whether for a medical marijuana center, optional premises cultivation operation or medical marijuana-infused products manufacturer, or any combination thereof, each as defined in the Colorado Medical Marijuana Code, may, without any diminution of any legal nonconforming status that it might have, engage in dual operations as set forth in Section 16-32-110 above or may, in accordance with state law, transfer its operations to that of a retail marijuana establishment so long as, in each instance, the floor area of the dual operations or the new retail marijuana establishment does not exceed the floor area of the licensed medical marijuana business as of October 1, 2013.

(Ord. 20-13 §1, 2013; Ord. 2021-02 §2, 2021)

(a)

It shall be unlawful for any marijuana cultivation facility to:

(1)

Operate in the City, unless it operates within the licensed premises of, and under common ownership with, a marijuana store or marijuana product manufacturing facility located in the City; or

(2)

Sell, give, dispense or otherwise distribute marijuana except to a marijuana store or marijuana product manufacturing facility located in the City that is under the same ownership as the marijuana cultivation facility.

(b)

It shall be unlawful for any marijuana product manufacturing facility to:

(1)

Operate in the City, unless its operates within the licensed premises of, and under common ownership with, a marijuana store located in the City; or

(2)

Sell, give, dispense or otherwise distribute any of the products that it manufactures except to a marijuana store located in the City that is under the same ownership as the marijuana product manufacturing facility.

(Ord. 20-13 §1, 2013; Ord. No. 14-14 §2, 9-4-2014; Ord. No. 2015-07 §4, 5-28-2015)

During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Authority, the Chief of Police, the Fire Chief of the local fire protection district, 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. 20-13 §1, 2013)

It is unlawful for any licensee to:

(1)

Permit the consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises;

(2)

Purchase or otherwise obtain marijuana from a source that is not properly authorized under state and local law to sell or dispense retail marijuana;

(3)

Permit the use, consumption, ingestion or inhalation of marijuana or retail marijuana products on or in the premises of a retail marijuana establishment; or

(4)

Dispense marijuana or retail marijuana products to a person that is or appears to be under the influence of alcohol or under the influence of any controlled substance, including marijuana.

(Ord. 20-13 §1, 2013)

(a)

The Authority may suspend, revoke or refuse to renew a license for good cause.

(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 nonrenewal under Subsection (a) above.

(Ord. 20-13 §1, 2013)

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 retail marijuana establishment, 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 of this Code.

(Ord. 20-13 §1, 2013)

(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 retail marijuana establishment 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. 20-13 §1, 2013)