The city council makes the following legislative findings:

(a)

The city council finds and determines that the Colorado Natural Medicine Code, as codified in C.R.S. §§ 44-50-101 through 904 (the "Regulatory Act") specifically authorizes the governing body of a municipality to enact an ordinance to regulate the time, place, and manner of the operation of licenses issued pursuant to the Regulatory Act.

(b)

The city council finds and determines that the Regulatory Act specifically authorizes the governing body of a municipality to enact zoning ordinances to designate the areas where the cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation of natural medicine and natural medicine product, as defined by the Regulatory Act, may be permitted in a municipality.

(c)

The city council finds and determines that the Regulatory Act specifically authorizes the governing body of a municipality to enact ordinances to establish distance restrictions for buildings where natural medicine services are provided within the vicinity of a child care center; preschool; elementary, middle, junior, or high school; a residential child care facility; or residential dwelling.

(Ord. No. 2024-28, § 1, 12-17-24)

For purposes of this section 26-22.7, the following terms shall have the following meanings:

Facilitator means an individual who is licensed by the state licensing authority to engage in the practice of facilitation and perform and supervise natural medicine services for a participant pursuant to article 170 of title 12, C.R.S., as provided in the Regulatory Act.

Natural medicine means psilocybin or psilocin and other substances described in the Regulatory Act as "natural medicine."

Natural medicine business means any of the following entities licensed under the Regulatory Act and includes a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the state licensing authority.

Natural medicine healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator, as defined by the Regulatory Act, to provide and supervise natural medicine services for a participant, as defined by the Regulatory Act, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator.

Natural medicine product means a product infused with natural medicine that is intended for consumption, as provided by the Regulatory Act.

Natural medicine services means a preparation session, administration session, and integration session provided by a licensed facilitator to a participant pursuant to article 170 of title 12, C.R.S., as provided by the Regulatory Act.

Participant means an individual who is twenty-one (21) years of age or older who receives natural medicine services prescribed by and under the supervision of a facilitator, as provided by the Regulatory Act.

Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory Act.

Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory Act.

State licensing authority means the authority created under the Regulatory Act for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product, as provided by the Regulatory Act.

(Ord. No. 2024-28, § 1, 12-17-24)

(a)

Natural medicine healing center is a use permitted by right in the following districts, subject to the distance requirements in section 26-22.7-5 and the time, place, and manner requirements in sections 26-22.7-6 through 26-22.7-14:

(1)

T1 - Transitional Business District

(2)

B1 - Community Service Business District

(3)

C1 - Regional Business District

(4)

C1-M1 - Regional Business Industrial District

(5)

M1 - Industrial District

(b)

Natural medicine healing centers are a prohibited use in all other zoning districts.

(Ord. No. 2024-28, § 1, 12-17-24)

(a)

Natural medicine cultivation facility, natural medicine products manufacturer, natural medicine testing facility, and any other licensed entity created by the state licensing authority (each a "licensed facility" and collectively the "licensed facilities") are uses permitted by right in the M1 - Industrial District, subject to the distance requirements in section 26-22.7-5 and the time, place, and manner requirements in sections 26-22.7-6 through 26-22.7-14.

(b)

Licensed facilities are a prohibited use in all other zoning districts.

(Ord. No. 2024-28, § 1, 12-17-24)

(a)

No natural medicine business that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of property used for a child care center; preschool; elementary, middle, junior, or high school; or a residential child care facility (collectively "school").

(b)

Subsection (a) above does not apply to (i) a licensed natural medicine business located on land owned by the city or the state of Colorado, or (ii) to a licensed natural medicine business that was actively doing business under a valid license issued by the state licensing authority before the school was constructed.

(c)

The distances referred to in this section shall be computed by direct measurement from the nearest property line of the land used for a school to the nearest portion of the building in which natural medicine services are provided, using a route of direct pedestrian access.

(Ord. No. 2024-28, § 1, 12-17-24)

It shall be unlawful for any person to operate and maintain a natural medicine business in the city without first obtaining a general business license as required by chapter 55 of the Code. An applicant for a general business license to operate a natural medicine business in the city shall establish that the applicant is, or will be, entitled to possession of the premises under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises. If the applicant is not the owner of the premises, the applicant must provide proof that the applicant has the owner's or landlord's permission to operate a natural medicine business on the premises prior to the city's issuance of a general business license.

(Ord. No. 2024-28, § 1, 12-17-24)

Natural medicine healing centers and natural medicine businesses that provide natural medicine services shall operate only between the hours of 7:00 a.m. to 10:00 p.m. Participants are not permitted on the premises after 10:00 p.m. unless the participant is unable to leave the premises by 10:00 p.m. due to an "adverse health event" as defined in regulations adopted pursuant to the Regulatory Act.

(Ord. No. 2024-28, § 1, 12-17-24)

All doorways, windows, and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area, subject to applicable city design standards. All activities of natural medicine businesses shall occur indoors.

(Ord. No. 2024-28, § 1, 12-17-24)

Primary entrances, parking lots, and exterior walkways shall be clearly illuminated with downward facing security lights to provide after-dark visibility for facilitators, participants, and employees, subject to all applicable city lighting standards.

(Ord. No. 2024-28, § 1, 12-17-24)

All storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

(Ord. No. 2024-28, § 1, 12-17-24)

Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located. Natural medicine businesses located in a multi-unit building shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the unit in which the facility is located.

(Ord. No. 2024-28, § 1, 12-17-24)

Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or byproducts. Natural medicine and natural medicine product remnants or by-products shall not be placed within the business' or building's exterior refuse container.

(Ord. No. 2024-28, § 1, 12-17-24)

(a)

For purposes of this section, "processing" means the cultivation, manufacturing, and testing of natural medicine product, or preparation of natural medicine for facilitation and administration of natural medicine services.

(b)

The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.

(c)

Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.

(d)

The processing of natural medicine shall meet the requirements of all adopted city building and life and safety codes.

(e)

The processing of natural medicine shall meet all requirements of all applicable water and sewer regulations of the city.

(Ord. No. 2024-28, § 1, 12-17-24)

It is unlawful and deemed a nuisance to operate a natural medicine business in violation of any of the requirements set forth in the Regulatory Act or any of the requirements in the city's Code.

(Ord. No. 2024-28, § 1, 12-17-24)