Recognizing the inherent conflict between federal and state law with respect to the operation of medical marijuana centers, optional premises cultivation facilities or marijuana-infused products manufacturing facilities, the purpose of this Article is to:

(1)

Impose specific requirements and limitations for those individuals, corporations or entities applying for any medical marijuana license;

(2)

Require that a medical marijuana facility be operated in a safe manner that does not endanger the public welfare;

(3)

Mitigate potential negative impacts that a medical marijuana facility might cause on surrounding properties and persons;

(4)

Regulate the conduct of persons owning, operating and using a medical marijuana facility in order to protect the public health, safety and welfare; and

(5)

Establish a nondiscriminatory mechanism by which the Town can control, through appropriate regulation, the location and operation of medical marijuana establishments within the Town.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

In addition to the definitions provided below, the terms defined in Section 14, Article XVIII of the Colorado Constitution and the definitions set forth in Section 12-43.3-104, C.R.S., are incorporated into this Article by reference.

Applicant means a person 21 years of age or older who has submitted an application for a license pursuant to this Article.

Application means an application for a license submitted pursuant to this Article.

License means a license to operate a medical marijuana center issued by the Town pursuant to this Article.

Local Licensing Authority means the Board of Trustees.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

No person shall operate a medical marijuana facility without first receiving approval as a use by special review as set forth in this Code. In addition to the use by special review approval, no person shall operate a medical marijuana facility without a license issued by the Town in accordance with the requirements of this Article, and no person shall operate a medical marijuana facility without a license issued by the state licensing authority pursuant to Section 12-43.3-202, C.R.S. The use by special review process and the local license process may run concurrently.

(1)

Application for license.

a.

A person seeking to obtain a license pursuant to this Article shall file an application with the Town Clerk. The form of the application shall be provided by the Town Clerk.

b.

A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required Town licenses and permits related to the operation of the approved medical marijuana facility, including, without limitation:

1.

Any required land use approval, if applicable;

2.

A Town business license and state sales tax license; or

3.

A building permit, mechanical permit, plumbing permit or electrical permit.

c.

An application for a license under this Article shall contain the following information:

1.

The applicant's name, address and telephone number;

2.

The street address and unit number, if applicable, of the proposed medical marijuana facility, and a complete description of the site for which the application is made;

3.

If the applicant is not the owner of the proposed location of the medical marijuana facility, a notarized statement from the owner of such property authorizing the submission of the application;

4.

A completed set of the applicant's fingerprints;

5.

A statement to be initialed by the applicant that the applicant and the employees of the medical marijuana facility may be subject to prosecution under federal marijuana laws;

6.

A statement to be initialed by the applicant that the Town accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana facility; and

7.

Any additional information that the Town Clerk reasonably determines to be necessary in connection with the investigation and review of the application.

(2)

Applications shall be processed by the Town Clerk in order of receipt.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

An applicant shall pay to the Town a nonrefundable application fee when the application is filed. The purpose of the fee is to cover the administrative costs of processing the application. The application fee shall be set forth on the Town's Fee Schedule for each class of license applied for. A separate fee is required for each class of license, whether the licenses are for a single structure or multiple structures.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Upon receipt of a properly completed application, together with all information required in connection therewith, and the payment of the application fee as required by Section 16-4-40 above, the Town Clerk shall transmit copies of the application to the Law Enforcement Agency, Fire Department, Building Inspection Department, Town Attorney and any other person or agency which the Town Clerk determines should properly investigate and comment upon the application.

(b)

Upon receipt of a completed application, the Law Enforcement Agency shall obtain and review a criminal background records search on the applicant from the Colorado Bureau of Investigation.

(c)

Within 20 days of receipt of a completed application, those Town departments and other referral agencies described in Subsection (a) above shall provide the Town Clerk with comments concerning the application.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

After the Local Licensing Authority has, from review of the application and from such other information as may otherwise be obtained, the Town Clerk shall issue a license only when the Town Clerk determines that:

(1)

The application (including any required attachments and submissions) is complete and signed by the applicant;

(2)

The applicant has paid the application fee and any other fees required by Section 16-4-40 above;

(3)

The application does not contain a material falsehood or misrepresentation;

(4)

The application complies with all of the requirements of this Article and the requirements of the state licensing authority;

(5)

The proposed location of the medical marijuana facility is permitted under Section 16-4-180 of this Article;

(6)

The use by special review has been granted by the Board of Trustees (this Paragraph shall apply only to applications for medical marijuana centers and shall not apply to medical marijuana optional premises cultivation licenses or medical marijuana-infused products manufacturing licenses); and

(7)

The Board of Trustees, acting as the Local Licensing Authority, has approved the issuance of a license.

(b)

Only those persons or entities who held a valid marijuana dispensary license on June 1, 2010, or a transferee of such person or entity, may apply for an optional premises cultivation license or a medical marijuana-infused products manufacturing license. Such optional premises cultivation license or medical marijuana-infused products manufacturing license may be on the same premises as the marijuana center or may be offsite, but no medical marijuana center shall have more than one optional premises cultivation physical location and/or medical marijuana-infused products manufacturing physical location.

(c)

Each applicant for a medical marijuana license shall, as part of the application, submit a proposal for remodeling, refurbishing, landscaping, lighting and such other improvements as may be appropriate to the property. No licensee shall allow the licensed premises to deteriorate or become unsightly. Maintaining a dignified and business-like appearance is a requirement of retaining the license for each licensed facility.

(d)

No person shall be eligible to receive an optional premises cultivation license, a medical marijuana-infused products manufacturing license or a medical marijuana-infused products optional premises cultivation license unless such person or entity has previously received a medical marijuana facility license.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

The Local Licensing Authority shall deny an application for a license under this Article if it determines that:

(1)

Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or

(2)

The application fails to meet any of the standards sets forth in Section 16-4-180 of this Article and the requirements of the state licensing authority.

(b)

The local licensing authority shall deny an application for a medical marijuana center, medical marijuana optional premises cultivation, medical marijuana infused products manufacturing and medical marijuana optional premises cultivation for infused products and manufacturing license when such location does not exceed 1,000 feet from any other licensed marijuana establishment of any type or class.

(c)

The local licensing authority shall deny an application for a license under this article if an application is made for a medical marijuana optional premises cultivation license, a medical marijuana infused products manufacturing license or a medical marijuana optional premises cultivation for infused products manufacturing license if such applications are not part of an application for a medical marijuana center and located at the same address and in the same facility as the medical marijuana center.

(d)

The maximum total number of medical marijuana centers, medical marijuana optional premises cultivation, medical marijuana infused products manufacturing and medical marijuana optional premises cultivation for infused products manufacturing licenses shall not exceed four of each type of license.

(1)

The local licensing authority shall deny the application for a license if granting the application would cause the number of licensed marijuana establishments to exceed the maximum number of locations permitted by the Town.

(e)

If an application is denied, the application fee shall not be refunded.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 05-2016, § 1, 2, 10-4-2016)

The Local Licensing Authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Article and applicable law.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

The Local Licensing Authority shall approve, deny or conditionally approve an application within 30 days of the receipt of the completed application unless, by written notice to the applicant, the decision period is extended for an additional 15 days if necessary for the Local Licensing Authority to complete the review of the application.

(b)

If an application is denied, the Local Licensing Authority shall clearly set forth in writing the grounds for denial.

(c)

In the event that an application is conditionally approved, the Local Licensing Authority shall clearly set forth in writing the conditions of approval.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

The Town Clerk shall notify the applicant of the decision on the application within three business days of rendering the decision. Notice shall be given by mailing a copy of the decision to the applicant by regular mail, postage prepaid, at the address shown in the application or by hand delivery to the applicant. Notice is deemed to have been properly given upon mailing.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

An applicant has the right to appeal the Local Licensing Authority's denial or conditional approval of an application by filing an appeal pursuant to Section 24-4-106, C.R.S. The extent allowed by law for venue for such an appeal shall be in the County District Court. The venue for such appeal shall be in the County.

(b)

The burden of proof in an appeal filed under this Section shall be on the applicant.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

A license shall contain the following information:

(1)

The name of the licensee;

(2)

The date of the application for the license;

(3)

The address at which the licensee is authorized to operate the medical marijuana center, optional premises cultivation facility, medical marijuana-infused products manufacturing facility or optional premises cultivation facility for marijuana-infused products manufacturing;

(4)

Any special conditions of approval imposed upon the license by the Town Clerk, pursuant to Section 16-4-80 of this Article;

(5)

The date of the expiration of the license;

(6)

A statement of the class of license as authorized by Section 12-43.3-401, C.R.S.; and

(7)

Such other information as may be required either by the state licensing authority or the Local Licensing Authority.

(b)

A license must be signed by both the applicant and the Town Clerk to be valid.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

Transfer of ownership may occur pursuant to Section 12-43.3-309, C.R.S. The fee for a transfer of ownership shall be as set forth in the Town's Fee Schedule plus any costs incurred by the Local Licensing Authority.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Each license issued pursuant to this Article shall be valid for one year from the date of issuance, or such other time as the state licensing authority or Local Licensing Authority may determine.

(b)

A license may be renewed by filing an application for renewal not less than 45 days prior to the date of expiration of the license. No application for renewal shall be accepted by the Town Clerk after the date of expiration. The Town Clerk may waive the 45-day time requirement if the applicant demonstrates an adequate reason.

(c)

The provisions of Sections 16-4-50 through 16-4-110 of this Article, inclusive, shall apply to the processing of an application to renew a license. The timely filing of a renewal application shall extend the current license until a final decision is made on the renewal application, including any appeal.

(d)

At the time of the filing of an application for the renewal of an existing license, the applicant shall pay a renewal fee as set forth in the Town's Fee Schedule.

(e)

The Local Licensing Authority may refuse to renew a license as set forth in Section 12-43.3-311, C.R.S.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

It is the duty and obligation of each licensee to:

(1)

Comply with all of the terms and conditions of the license and any special conditions imposed by the Local Licensing Authority;

(2)

Comply with all of the requirements of this Article;

(3)

Comply with all other applicable Town ordinances;

(4)

Comply with the requirements of Section 14, Article XVIII of the Colorado Constitution, the Colorado Medical Marijuana Code and all applicable law.

(5)

Comply with all applicable federal laws, rules or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of marijuana that conflicts with Section 14, Article XVIII of the Colorado Constitution; and

(6)

Permit inspection of its records and operation by the Local Licensing Authority for the purpose of determining the licensee's compliance with this Section.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

A license shall be continuously posted in a conspicuous location at the medical marijuana facility.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

A license issued by the Local Licensing Authority may be suspended, revoked or subject to other discipline imposed pursuant to Section 12-43.3-601, C.R.S., for:

(1)

Fraud, misrepresentation or a false statement of material fact contained in the application;

(2)

A violation of any Town, state or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Section 14, Article XVIII of the Colorado Constitution;

(3)

A violation of any of the terms and conditions of the license, including any special conditions of approval imposed upon the license by the Town Clerk;

(4)

A violation of any of the provisions of this Article;

(5)

Operations have ceased at the medical marijuana facility for more than 30 days, including during a change of ownership of the center; or

(6)

Ownership of the medical marijuana facility has been transferred without the new owner obtaining a license pursuant to this Article.

(b)

Discipline may be imposed as provided by Section 12-43.3-601, C.R.S., where a violation of the state licensing authority license, the Local Licensing Authority license or any conditions thereon has occurred.

(c)

The Town Clerk shall notify the licensee of the decision to suspend or revoke the license within three business days of rendering the decision. Notice shall be given by mailing a copy of the Town Clerk's decision to the licensee by regular mail, postage prepaid, at the address shown in the license, or by leaving a copy with the licensee at the address of the licensed facility. Notice is deemed to have been properly given upon mailing.

(d)

No suspension or revocation shall be final until the licensee has been given the opportunity for a hearing to address the suspension or revocation. The licensee has the right to appeal the Local Licensing Authority's suspension or revocation pursuant to Section 24-4-106, C.R.S.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

Prior to the issuance of a license for a medical marijuana facility, the Local Licensing Authority shall determine whether the proposed location of the medical marijuana facility complies with the requirements of this Section. Failure to comply with the requirements of this Section shall preclude issuance of a license.

(1)

No medical marijuana license shall be issued at the following locations:

a.

Within 50 feet of any single-family or multi-family residential structure or unit, or any structure containing any residential unit (this condition may be waived if the owner of the residential structure or unit consents in writing to a distance of less than 50 feet, including no separation of any kind);

b.

Within 500 feet of a licensed child care facility;

c.

Within 1,000 feet of any educational institution or school, college or university, either public or private;

d.

Within 500 feet of any public park, public pool or public or private recreational facility;

e.

Within 1,000 feet of any halfway house or correctional facility;

f.

Within 1,000 feet of any other licensed premises;

g.

Within any building or structure that contains a residential unit;

h.

In the Residential or Residential-Business Zoning District;

i.

On any property which has not been approved for a license by the Board of Trustees pursuant to the use by special review process; or

j.

At any location prohibited by the Colorado Medical Marijuana Code.

(2)

Each licensed premises shall be operated from a permanent location and from a structure built upon a permanent foundation pursuant to the appropriate building codes. No medical marijuana license shall be permitted to operate from a moveable, mobile or transitory location.

(3)

The suitability of a location for a medical marijuana facility shall be determined at the time of the issuance of the first license for such center. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana facility under this Section shall not be grounds to suspend, revoke or refuse to renew the license for so long as the license remains in effect.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

A medical marijuana facility may operate between the hours of 8:00 a.m. and 12:00 a.m. and may operate during such hours seven days per week.

(Ord. No. 03-2023, § 1, 5-16-2023)

Editor's note— Ord. No. 03-2023, § 1, adopted May 16, 2023, repealed the former § 16-4-190, and enacted a new § 16-4-190 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 06-2010, § 1, adopted July 20, 2010; Ord. No. 03-2016, § 1, adopted March 29, 2016; Ord. No. 01-2019, § 1, adopted February 5, 2019; and Ord. No. 01-2021, § 1, adopted July 7, 2021.

(a)

All signage for medical marijuana licensed premises shall comply with the requirements of Article 6 of this Chapter. All signs shall be approved by the Town Clerk. No sign shall contain:

(1)

The word marijuana, cannabis or any other word, phrase, abbreviation or symbol commonly understood to refer to marijuana, unless such word or phrase is immediately preceded by the word medical or used in a medical context;

(2)

Any nickname or abbreviation thereof or any slang name used for marijuana;

(3)

Any smoke, any photograph or any likeness of any person using marijuana other than in a dignified medical setting;

(4)

Any photograph or likeness of any cigarette or cigarette-type apparatus, any smoke or any person using marijuana; and

(5)

Any statement that is misleading or inaccurate.

(b)

The Town Clerk shall approve or deny any sign within 30 days after the proposed signage has been submitted to the Town Clerk. Any denial of a sign shall set forth in writing the reasons for denial. The Town Clerk shall provide notice of approval or denial of a sign within three days of the decision by mailing a copy of the decision to the applicant by regular mail, postage prepaid, at the address shown on the application. Notice is deemed to have been properly given upon mailing.

(c)

The denial of a sign may be appealed to the Board of Trustees.

(1)

The burden of proof in an appeal filed under this Section shall be on the licensee.

(2)

If the Board of Trustees finds by a preponderance of the evidence that the decision of the Town Clerk was correct, the Board of Trustees shall uphold the decision of the Town Clerk. If the Board of Trustees finds by a preponderance of the evidence that the decision of the Town Clerk was incorrect, the Town Clerk's decision shall be set aside or modified and any conditions imposed by the Town Clerk related thereto shall be stricken or modified.

(3)

Any decision made by the Board of Trustees shall be a final decision and may be appealed to the District Court, pursuant to Section 16-4-110 of this Article or Rule 106(a)(4) of the Colorado Rules of Civil Procedure, as may be appropriate. The licensee's failure to timely appeal the decision is a waiver of the licensee's right to contest the suspension or revocation of the license.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

There shall be posted in a conspicuous location in each medical marijuana facility a legible sign containing the following warnings:

(1)

A warning that the diversion of marijuana for nonmedical purposes is a violation of state law;

(2)

A warning that the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of or impaired by marijuana;

(3)

A warning that loitering in or around the medical marijuana facility is prohibited by state law; and

(4)

A warning that possession and distribution of marijuana is a violation of federal law.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

Devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including but not limited to rolling papers and related tools, water pipes and vaporizers, may lawfully be sold at a medical marijuana facility. Such items may be sold or provided only to patients or primary caregivers.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

The licensee shall keep such books and records as required by law and shall make such books and records available to the Local Licensing Authority and the Law Enforcement Agency upon request. In addition to any records required to be kept by law, the licensee shall keep a record of the quantity of marijuana dispensed in each transaction. The record shall include:

(1)

The total amount paid by the patient for the transaction for all goods and services provided; and

(2)

The date and time dispensed.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

The licensee shall provide adequate security on the premises of a medical marijuana licensed center, including but not limited to the following:

(1)

Security surveillance cameras installed to monitor the main entrance, along with the interior and exterior of the premises, to discourage and to facilitate the reporting of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least 72 hours by the licensee and be made available to law enforcement officers upon demand.

(2)

A locking safe permanently affixed to the premises that is suitable for storage of the entire saleable inventory of marijuana.

(3)

When required by the Local Licensing Authority, exterior windows (without shades) of sufficient size to permit observation of the inside of the premises by a law enforcement officer standing outside of the licensed facility. No window shall be required for an optional premises cultivation facility or medical marijuana infused-products manufacturing facility with optional premises cultivation.

(4)

Exterior lighting that illuminates the exterior walls of the business.

(5)

Any other security arrangements as may be specifically required by the Local Licensing Authority.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

At all times while a license of any class is in effect, the licensee shall possess a valid business license for each licensed premises.

(b)

A Colorado sales tax license shall be required for each licensed premises selling products at retail.

(c)

Each licensee shall collect and remit sales tax on all medical marijuana, paraphernalia and other tangible personal property sold at the medical marijuana retail outlet.

(d)

Each optional premises cultivation licensee and each medical marijuana-infused products manufacturing licensee shall pay a fee to the Local Licensing Authority equal to one and one-half percent of the wholesale price of all medical marijuana, medical marijuana plants, medical marijuana-infused products and all other medical marijuana-related products sold at wholesale. Such fee shall be paid into the General Fund for the purpose of defraying costs and expenses of licensing medical marijuana facilities, additional law enforcement services and administrative costs related to medical marijuana operations in the Town.

(e)

The fee herein levied shall be paid to the Town Clerk on the fifteenth day of April, July, November and January of each calendar year and shall be based upon wholesale sales during the calendar quarter immediately preceding the month in which the fee is due. The collection of the fee shall commence on July 1, 2010, and the first payment shall be due on or before October 15, 2010, for wholesale sales in the third quarter of 2010. The fee herein described may be amended from time to time by the Local Licensing Authority.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

It is a violation of this Article to violate any requirement of the Colorado Medical Marijuana Code, and such violation may be punishable as provided herein.

(b)

Any violation of this Article which is also a violation of the Colorado Medical Marijuana Code shall also be punishable as set forth in the Medical Marijuana Code.

(c)

Any violation of this Article which is not set forth in the Colorado Medical Marijuana Code shall be deemed to be a misdemeanor and shall be punishable by a fine of $2,650.00. Each day that a violation of this Article continues shall be considered a separate offense.

(d)

The operation of any medical marijuana facility or the sale of medical marijuana in violation of the Colorado Medical Marijuana Code or this Article may be enjoined by the Local Licensing Authority in an action brought in a court of competent jurisdiction, including the Municipal Court.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 04-2018, § 2, 5-15-2018)

(a)

In adopting this Article, the Board of Trustees is relying on, and does not waive or intend to waive by any provision of this Article, the monetary limitations (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., or any other limitation, right, immunity or protection otherwise available to the Town, its officers or its employees.

(b)

By accepting a license issued pursuant to this Article, the licensee, jointly and severally if more than one, agrees to indemnify and defend the Town, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of 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, which arise out of or are in any manner connected with the operation of the medical marijuana facility that is the subject of a license. The licensee further agrees to investigate, handle, respond to, provide defense for and defend against any such liability, claims or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney's fees. The Town Clerk may require a licensee to execute a written instrument confirming the provisions of this Section.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

By accepting a license issued pursuant to this Article, the licensee releases the Town, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of medical marijuana facility owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. The Town Clerk may require the licensee to execute a written instrument confirming the provisions of this Section.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)

The Board of Trustees shall have the authority to from time to time to adopt, amend, alter and/or repeal this Article and to adopt rules and regulations as may be necessary for the proper administration of this Article.

(Ord. No. 06-2010, § 1, 7-20-2010; Ord. No. 03-2016, § 1, 3-29-2016)