Section 16 of Article XVIII of the Colorado Constitution and Article 43.4 of Title 12, C.R.S., afford to localities the option to determine whether to license retail marijuana establishments within their respective jurisdictions. The purpose of this Article is to authorize such licensing and regulate such establishments in the Town pursuant to the requirements of this Article, and to designate a Local Licensing Authority to issue and process applications submitted for a license within the Town. This Article is intended to exercise the authority granted by Section 16 of Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code to the Town to adopt licensing requirements that are supplemental to and/or stricter than the requirements set forth in state law. The purpose of this Article is to license and regulate retail marijuana establishments in the interest of public health, safety and general welfare of the community.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

Unless otherwise defined herein, the terms in this Article shall have the same meaning as set forth in Section 16 of Article XVIII of the Colorado Constitution and Article 43.4 of Title 12, C.R.S., and any implementing regulations. The following words and phrases, when used in this Article, shall have the meanings respectively assigned to them:

Advertise, advertising or advertisement means the act of drawing the public's attention to a retail marijuana establishment's premises or name in order to promote the sale of marijuana or marijuana products.

Colorado Retail Marijuana Code means Article 43.4 of Title 12, C.R.S., and any rules or regulations promulgated thereunder.

Crime of violence shall have the same meaning as set forth in Section 18-1.3-406, C.R.S., whether committed in this State or another state.

Dual license means a licensed premises authorized to sell, distribute or manufacture medical marijuana pursuant to Section 12-43.3-101, C.R.S., and retail marijuana pursuant to Section 12-43.4-101, C.R.S., at the same location, provided that the two are commonly owned.

Good cause, for purposes of refusing or denying a license, renewal or reinstatement, means:

(1)

The licensee or applicant has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of this Article or the Colorado Retail Marijuana Code; or

(2)

The licensee or applicant has failed to comply with any special term or condition that was placed on its license by the state licensing authority or the Local Licensing Authority.

Licensed premises means the premises specified in an application for a license pursuant to this Article and the Colorado Retail Marijuana Code, which is owned or in legal possession of the licensee and within which the licensee is authorized to distribute, sell, cultivate or test marijuana in accordance with the provisions of this Article, Section 16 of Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code.

Licensee means a person licensed or registered pursuant to this Article, Section 16 of Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code.

Local Licensing Authority means the Board of Trustees unless the Board of Trustees designates other persons or departments to serve in such capacity.

Marijuana shall have the same meaning as set forth in Section 16 of Article XVIII of the Colorado Constitution, or as may be more fully defined in the Colorado Retail Marijuana Code.

Marijuana accessories shall have the same meaning as set forth in Section 16 of Article XVIII of the Colorado Constitution, or as may be more fully defined in the Colorado Retail Marijuana Code.

Operating fees means fees that must be paid by a licensee for the costs of administering and enforcing this Article as set forth in Section 16 of Article XVIII of the Colorado Constitution, or as may be more fully defined in the Colorado Retail Marijuana Code.

Retail marijuana establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana product manufacturing facility or a retail marijuana testing facility, as set forth in Section 16 of Article XVIII of the Colorado Constitution, or as may be more fully defined in the Colorado Retail Marijuana Code.

School means a public or private elementary, middle, junior high or high school.

State licensing authority means the Executive Director of the Colorado Department of Revenue or the Deputy Director of the Colorado Department of Revenue, as set forth in Section 12-43.4-201, C.R.S.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Except as otherwise provided in this Article and in Section 16 of Article XVIII of the Colorado Constitution, it is unlawful for any person to test, cultivate, produce, manufacture, sell or otherwise distribute for remuneration any marijuana or marijuana products for non-medical use in the Town without first obtaining a license to operate a retail marijuana establishment pursuant to the Colorado Retail Marijuana Code and this Article. In addition, no person shall operate a retail marijuana establishment without first receiving approval as a use by special review as set forth in this Chapter. The use by special review process and local license process may run concurrently. A waiver to the use by special review requirement may be granted to a premises where any person was previously issued a medical marijuana license pursuant to Article 4 of this Chapter, provided that the person agrees to continue to abide by Article 4 and a previous use by special review. Notwithstanding the foregoing, this Section shall not apply to an individual 21 years of age or older acting in conformance with Subsection 3 of Section 16 of Article XVIII of the Colorado Constitution.

(b)

Any requirements set forth in this Article shall be in addition to, and not in lieu of, any other requirements imposed by any state or local law.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

For the purpose of regulating and controlling the licensing of cultivation, manufacture, distribution, testing and sale of marijuana in the Town, there is hereby created the Local Licensing Authority. The Local Licensing Authority shall be the Board of Trustees and is referred to herein as the "Authority."

(b)

The Authority shall have such powers and duties as are set forth in this Article, in the Colorado Retail Marijuana Code and in Subsection 5(e) of Section 16 of Article XVIII of the Colorado Constitution.

(c)

The Authority shall be assisted by all necessary departments of the Town and such other personnel as may be designated by the Town in the performance of its duties.

(d)

The Authority shall examine at any time those records of each licensee which the Authority determines are necessary to verify license requirements, provided that the contents of such records shall remain confidential and not a part of the public records.

(e)

The Authority may adopt, amend, alter and repeal administrative rules and regulations as may be necessary for the proper administration of this Article.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

For the purpose of regulating the commercial testing, cultivation, manufacture, distribution, offering for sale and sale of retail marijuana, the Authority, in its discretion, upon application in the prescribed form, may issue and grant to the applicant a local license from any of the following classes, subject to the provisions and restrictions provided in this Article, Section 16 of Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code:

(1)

Retail marijuana store license;

(2)

Retail marijuana cultivation facility license;

(3)

Retail marijuana product manufacturing license; and

(4)

Retail marijuana testing facility license.

(b)

The Authority shall issue a license under this Article when, after thorough consideration of the application, and from review of such other information as required by this Article or the Colorado Retail Marijuana Code, the Authority determines that the applicant complies with all of the requirements of this Article and the Colorado Retail Marijuana Code, including the following:

(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 this Article;

(3)

The application does not contain a material falsehood or misrepresentation;

(4)

The location of the retail marijuana establishment is proposed to be located on premises permitted by this Chapter;

(5)

The criminal history of the applicant and the applicant's owners, officers and managers does not disqualify the applicant from holding a license;

(6)

The applicant agrees to notify the Authority of any change in management, and any new manager is subject to approval by the Authority;

(7)

The use by special review has been granted by the Town; and

(8)

The applicant meets or otherwise will meet all the requirements of this Article.

The Authority shall approve, deny or conditionally approve a license application within 30 days of receipt of the completed application unless, by written notice to the applicant, the decision period is extended for an additional 15 days if necessary to complete the review of the application. The Authority shall promptly forward its decision whether to issue or deny a license to the state licensing authority.

(c)

Prior to the issuance of any local license, the Authority shall make a finding and determination as to the good moral character of the applicant in accordance with the standards and procedures set forth in the Colorado Retail Marijuana Code. In so doing, the Authority may incorporate any findings as to good moral character previously made by the state licensing authority. The Authority shall not be required to perform a criminal background check if:

(1)

The state licensing authority has performed a criminal background check on the applicant to the satisfaction of the Authority; or

(2)

The Authority may issue a license conditioned on the review of the criminal background check.

(d)

After approval of an application and prior to the issuance of a license, the premises proposed to be licensed may be inspected by the Building Official to determine compliance with the Town's building and technical codes. No license shall be issued if the proposed licensed premises do not comply with the Town's building and technical codes as identified by the Building Official in writing provided to the applicant. Throughout the term of the license, the Building Official may inspect the licensed premises to determine continuing compliance with the Town's building and technical codes.

(e)

The Authority shall deny any application for a license that is not in compliance with this Article, the Colorado Retail Marijuana Code or any other applicable state or local law or regulation. Notwithstanding the above, the Authority may issue a conditional or stipulated license.

(f)

The local licensing authority shall deny an application for a retail marijuana center, retail marijuana optional premises cultivation, retail marijuana infused products manufacturing and retail 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.

(g)

The authority shall deny any application for a license if the application is for a retail marijuana optional premises cultivation license, a retail marijuana infused products manufacturing license or a retail marijuana optional premises cultivation for infused products manufacturing license if such license is not connected to a retail marijuana center and located at the same address and in the same facility as the retail marijuana center.

(h)

The maximum total number of retail marijuana centers, retail marijuana optional premises cultivation, retail marijuana infused products manufacturing and retail marijuana optional premises cultivation for infused products and 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.

(i)

For purposes of this section, whenever different types of licenses, including retail and medical marijuana licenses are located in a common site or structure, such licenses shall be counted as one store/center or location.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 05-2016, § 3, 10-4-2016)

(a)

Upon receipt of an application for a local license, except an application for renewal or for transfer of ownership or location within the Town, the Authority may schedule a public hearing upon the application. If the Authority schedules a hearing for a retail marijuana establishment application, it shall post and publish public notice thereof not less than ten days prior to the hearing. The Authority shall give public notice by the posting of the notice in a conspicuous place on the retail marijuana establishment premises for which application has been made, by publication in a newspaper of general circulation in the County and in such other manner as is normal and customary in the Town.

(b)

The requirements of this Section need not be applied to an application for premises where any person was issued a license pursuant to Article 4 of this Chapter prior to October 1, 2013.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

At such time as application forms are made available by the state licensing authority, the Authority shall begin to receive and process applications for licensing under this Article and the Colorado Retail Marijuana Code.

(b)

Applications for a retail marijuana establishment license shall be made to the Authority upon forms created and provided by the Authority. The application must include the following:

(1)

Proof of ownership or legal possession of the proposed licensed premises for the term of the proposed license.

(2)

Consent from the landowner if the proposed premises will be leased.

(3)

Name and address of the owner of the retail marijuana establishment.

(4)

If the owner is a corporation, partnership, limited liability company or other business entity, the names, social security numbers and addresses of any officer or director of the entity and of any person holding one percent or more of the issued and outstanding capital stock or other ownership interest of the entity.

(5)

A completed set of the applicant's fingerprints of each person specified in Paragraphs (3) and (4) above.

(6)

A state and Town sales tax number, if applicable, at the time of the business license application.

(7)

The name and address of any manager of the retail marijuana establishment.

(8)

An operating plan for the proposed retail marijuana establishment, including the following information:

a.

A description of the products and services to be provided by the facility.

b.

A floor plan showing all interior dimensions of the licensed premises and the layout of the retail marijuana establishment, including all limited access areas, areas of ingress and ingress and all security cameras. Such floor plan shall also show the principal uses of the floor area depicted therein.

c.

A security plan indicating how the applicant intends to comply with the requirements of the Colorado Retail Marijuana Code.

d.

An area map, drawn to scale, indicating, within a radius of one-quarter mile from the boundaries of the property upon which the retail marijuana establishment is located, the proximity of the property to any school or to any residential zone district.

(9)

A statement of whether or not any person holding any ownership interest has:

a.

Been denied an application for a medical or retail marijuana establishment license or any alcohol license by the State in this or any other jurisdiction or had such a license suspended or revoked; or

b.

Been convicted of a felony or has completed any portion of a sentence due to a felony charge within the preceding five years.

(10)

Proof that the premises are located on a lot and in a zoning district where the retail sale of marijuana is allowed.

(11)

Payment of all application, licensing, operational, background and other fees due and payable to operate a retail marijuana establishment, as determined by the Authority.

(12)

Any additional documents or information requested by the Authority.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Municipal Court. An applicant has the right to appeal the Authority's denial of an application to the Municipal Court.

(1)

The applicant's appeal of the Authority's denial of an application shall be processed in accordance with this Article; provided, however, that the applicant's written notice of appeal shall be filed with the Authority within 21 days after the date of mailing of the Authority's decision on the application.

(2)

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

(3)

If the Municipal Court finds by a preponderance of the evidence that the decision of the Authority exceeded its jurisdiction or abused its discretion, the Municipal Court may reverse the decision of the Authority or remand the application to the Authority for reconsideration or further proceedings. If the Municipal Court does not find that the Authority exceeded its jurisdiction or abused its discretion, the Municipal Court shall affirm the decision of the Authority.

(b)

District Court. Appeals from the Municipal Court to the District Court shall be as follows:

(1)

Either party may file an appeal by filing a notice of appeal with the Municipal Court within 21 days of the issuance of the order of the Municipal Court. The appealing party shall provide to the Municipal Court Clerk, within seven days after filing the notice of appeal, a designation of the record or such portion or transcript thereof. The cost of the record shall be paid by the appealing party. Within 21 days after the completion of the record, the appealing party shall docket the case with the District Court and pay the appropriate filing fees in the District Court. Notice of the filing of such documents with the District Court shall immediately be given to the opposing party.

(2)

The District Court shall review the case on the record on appeal and affirm, reverse, remand or modify the judgment; except that the District Court, in its discretion, may remand the case for a new hearing before the Authority with such instructions as it may deem necessary, or it may direct that the hearing be held de novo before the District Court. The appeal in other respects shall be as set forth in Title 13, C.R.S., for the appeal of municipal (county) matters to the District Court.

(c)

Supreme Court. An appeal to the Supreme Court from a determination of the District Court may be made only upon writ of certiorari issued in the discretion of the Supreme Court.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Licensing fees, operating fees, renewal fees and all other fees necessary for the administration, regulation and implementation of this Article shall be set out in the Town's Fee Schedule.

(b)

At least annually, the amount of fees charged pursuant to this Section shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the Town in connection with the administration and enforcement of this Article, including costs of unannounced compliance checks as set forth in the Town's Fee Schedule.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

No retail marijuana establishment approved pursuant to this Article may sell marijuana at any time except between the hours of 8:00 a.m. and 12:00 a.m., seven days per week.

(b)

All retail marijuana establishment licenses shall be issued for a specific fixed location, which shall be considered the licensed premises.

(c)

All retail marijuana establishments shall post a sign in a conspicuous location stating.

IT IS ILLEGAL TO TRANSFER MARIJUANA TO ANYONE UNDER THE AGE OF 21. IT IS ILLEGAL TO SEND OR TRANSPORT MARIJUANA TO ANOTHER STATE. THE POSSESSION OF MARIJUANA REMAINS A CRIME UNDER FEDERAL LAW.

(d)

It is unlawful for any retail marijuana establishment, at the licensed premises, to employ any person who is younger than 21 years of age.

(e)

The name and contact information for the owner and any manager of the retail marijuana establishment shall be readily available to law enforcement and Town officials to be contacted in the event of an emergency.

(f)

A licensed premises that cultivates or processes marijuana shall be equipped with a proper ventilation system that makes reasonable efforts to eliminate odor beyond the property line on which the licensed premises is located.

(g)

No change shall be made to the floor plan of the interior of any licensed premises unless such modification is approved by the Authority and all other appropriate Town departments prior to the time the change is made. The Authority may charge a processing and inspection fee as set forth in the Town's Fee Schedule to cover any processing or inspection costs.

(h)

No outdoor storage of waste materials and equipment shall be allowed at any retail marijuana establishment.

(i)

No marijuana shall be smoked, eaten or otherwise consumed or ingested on the licensed premises.

(j)

The licensed premises shall be monitored and secured 24 hours a day, including, at a minimum, the following security measures:

(1)

Installation and use of security cameras compliant with the Colorado Retail Marijuana Code and any other applicable state regulations to monitor all areas of the licensed premises where persons may gain or attempt to gain access to marijuana, marijuana products or monies maintained by the establishment.

(2)

Recordings from security cameras maintained for a minimum of 72 hours in a secure off-site location.

(3)

Installation and use of a safe for overnight storage of any marijuana, marijuana products and/or monies on the licensed premises, with the safe being incorporated into the building structure or securely attached thereto.

(4)

Installation of a monitored user alarm system compliant with the Colorado Retail Marijuana Code and any other applicable state regulations.

(5)

Robbery and burglary alarm systems that are professionally installed, monitored and maintained in good working condition.

(6)

Provide and maintain adequate exterior lighting to ensure safe vehicular and pedestrian access on the premises.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 01-2021, § 2, 7-7-2021; Ord. No. 03-2023, § 2, 5-16-2023)

(a)

Retail marijuana establishments shall only be located in the Business and Commercial Zoning Districts.

(b)

No retail marijuana store shall be located within 1,000 feet of any school or drug rehabilitation facility at the time of a person's initial application for a retail marijuana store.

(c)

No retail marijuana store shall be located within 1,000 feet of any other retail marijuana store or medical marijuana facility. This restriction shall not apply to the licensee's corresponding dual operation if the licensee is part of a dual operation.

(d)

All distances shall be computed from property line to property line.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 03-2020, § 1, 7-7-2020)

No license provided by this Article shall be issued to or held by:

(1)

Any person who, in the immediately preceding 12 months, had a medical marijuana facility license or retail marijuana establishment license revoked or suspended by the State or by the local licensing authority in this or any other jurisdiction.

(2)

Any person who has been convicted of a felony that is deemed a crime of violence or has completed any portion of a felony sentence within the preceding five years.

(3)

Any person of bad moral character as defined by the Colorado Retail Marijuana Code.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Pursuant to Section 12-43.4-104, C.R.S., certain medical marijuana licensees or applicants qualified to receive a state license may, on or after October 1, 2013, either apply for a retail marijuana establishment license in addition to their medical marijuana license, convert their medical marijuana license to a retail marijuana establishment license, or apply for a retail marijuana establishment license and surrender their medical marijuana license when the retail marijuana establishment license is issued.

(b)

A person who holds both a business license pursuant to Article 43.3 of Title 12, C.R.S., and a retail marijuana establishment may operate both licenses in the same premises, provided that they meet the requirements of the Colorado Retail Marijuana Code and this Article.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

A retail marijuana establishment licensee in any Colorado jurisdiction may transfer his or her license into the Town so long as the state licensing authority approves the transfer and the applicant completes the application process set forth herein and otherwise complies with all the requirements of this Article.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

To the extent the State has adopted or adopts in the future any additional or stricter laws or regulations governing the sale or distribution of marijuana, the additional or stricter regulations shall control the establishment or operation of any marijuana facility in the Town. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

(b)

Any retail marijuana establishment licensed pursuant to this Article may be required to demonstrate, upon demand by the Authority or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises is in full compliance with any applicable state law or regulation.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any person licensed pursuant to this Article shall comply with the requirements of this Section and Article 6 of this Chapter. All stationary signs shall be approved by the Town Clerk.

(b)

No sign shall contain:

(1)

Any nickname or abbreviation of "marijuana" or any slang name used for marijuana.

(2)

Any photograph or likeness of smoke or any person smoking marijuana.

(3)

Any photograph or likeness of any cigarette or cigarette-type apparatus or any paraphernalia for inhaling marijuana smoke or vapors.

(4)

Any statement that is false, misleading or inaccurate.

(c)

No moving sign, video or television advertising shall contain:

(1)

Any nickname or abbreviation of "marijuana" or any slang name used for marijuana.

(2)

Any photograph or likeness of smoke or any person smoking marijuana.

(3)

Any photograph or likeness of any cigarette or cigarette-type apparatus or any paraphernalia for inhaling marijuana smoke or vapors.

(d)

This Section shall not apply to any advertisement contained in any newspaper, magazine or other periodical, or in any marijuana journal or marijuana business trade publication.

(e)

Any person filing an application for a retail marijuana license shall be deemed to have agreed to abide by the restrictions and requirements of this Section, and violation of this Section shall be grounds for suspension, revocation or denial of a license.

(f)

The Town Clerk shall approve or deny any signage 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, to the address shown on the application. Notice is deemed to have been properly given upon mailing.

(g)

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 may be appealed as set forth in Section 16-5-80 of this Article.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any local license issued pursuant to this Article shall be valid for a period of one year from the date of issuance. A licensee shall renew his or her license issued pursuant to this Article annually. Any renewal of the license shall be governed by the standards and procedures set forth in the Colorado Retail Marijuana Code, subject to any additional restrictions on renewal for certain classes of licenses in certain locations as provided in this Article or promulgated by the Authority.

(b)

Failure of the licensee to renew and keep his or her state license current and valid or to make timely payment of the local licensing fee shall be grounds for revocation of any license issued pursuant to this Article.

(c)

All renewals are subject to a renewal fee in the amount established by the Town in the Town's Fee Schedule.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Transfer of ownership.

(1)

The transfer of any interest in a retail marijuana establishment must be reported to the Authority prior to the change in ownership by submitting an application on forms approved by the Authority.

(2)

Transfer of ownership of any license issued pursuant to this Article shall be governed by the standards and procedures set forth in the Colorado Retail Marijuana Code and this Article.

(b)

Change of location.

(1)

The change of location of a retail marijuana establishment must be reported to the Authority prior to the change by submitting an application on forms approved by the Authority.

(2)

Change of location of any license issued pursuant to this Article shall be governed by the standards and procedures set forth in the Colorado Retail Marijuana Code.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Procedures for suspension or revocation of licenses issued pursuant to this Article and other fines, sanctions and penalties shall be as provided in the Colorado Retail Marijuana Code. In addition, a violation of any of the provisions of this Article shall be grounds for suspension or revocation of a retail marijuana establishment license, subject to notice and public hearing.

(b)

In deciding whether a license should be suspended or revoked in accordance with this Section, and in deciding what conditions to impose in the event of a suspension, if any, the Authority shall consider:

(1)

The nature and seriousness of the violation;

(2)

Corrective action, if any, taken by the licensee;

(3)

Prior violations, if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any;

(4)

The likelihood of recurrence;

(5)

All circumstances surrounding the violation;

(6)

Whether the violation was willful;

(7)

The length of time the license has been held by the licensee;

(8)

The number of violations by the licensee within the applicable 12-month period;

(9)

Previous sanctions, if any, imposed against the licensee;

(10)

Whether the licensee has a responsible vendor designation; and

(11)

Any other factor making the situation unique with respect to the licensee or the licensed premises.

(c)

The remedies provided in this Section are in addition to any other remedy provided by applicable law.

(d)

The Town may temporarily suspend a license without notice, pending any prosecution, investigation or public hearing, for not more than 15 days.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

Except as otherwise specifically provided herein, this Article incorporates the requirements and procedures set forth in the Colorado Retail Marijuana Code and Section 16 of Article XVIII of the Colorado Constitution. In the event of any conflict between the provisions of this Article and the provisions of the Colorado Retail Marijuana Code, the more restrictive provision shall control.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

Any person 21 years of age or older is hereby authorized to manufacture, possess, distribute, sell or purchase marijuana accessories in conformance with Section 16 of Article XVIII of the Colorado Constitution.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

By accepting a license, 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 retail marijuana store that is the subject of the license. The licensee further agrees to investigate, handle, respond to and 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 the licensee to execute a written instrument confirming the provisions of this Section.

(Ord. No. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

Any person who violates any provisions of this Article, upon conviction thereof, shall be punished by a fine not exceeding $2,650.00. Each day that a violation of this Article continues shall be considered a separate offense, and such violation may be charged and conviction had for each day that such violation continues or is allowed to continue.

(Ord. No. 11-2013, 12-11-2013; 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 $350,000.00 per person and $990,000.00 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 retail marijuana facility that is the subject of the license. The licensee further agrees to investigate, handle, respond to and 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 the licensee to execute a written instrument confirming the provisions of this Section.

(Ord. No. 11-2013, 12-11-2013; 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 retail marijuana store or 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. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)

The Board of Trustees shall have the authority 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. 11-2013, 12-11-2013; Ord. No. 03-2016, § 1, 3-29-2016)