Amendment 64, which amended Article XVIII of the Colorado

CITY OF SALIDA, COLORADO

ORDINANCE NO. 22

Series of 2013)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALIDA, COLORADOREVISING CHAPTER 6 AND CHAPTER 16 OF THE SALIDA MUNICIPAL CODE,ALLOWING FOR RETAIL MARIJUANA STORES AND (PROVIDING FOR THELICENSING OF RETAIL MARIJUANA STORES.

WHEREAS, on November 6, 2012, the voters of the State of Colorado passed

Amendment 64, which amended Article XVIII of the Colorado Constitution regarding thepersonal use and regulation of marijuana; and

WHEREAS, Amendment 64 allows the possession, use, display, purchase or

transportation of marijuana accessories or one ounce or less ofmarijuana; and

WHEREAS, Amendment 64 allows local governments to prohibit or allow the operation

of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testingfacilities, or retail marijuana stores through the enactment of an ordinance; and

WHEREAS, the City of Salida wishes to prohibit all of these activities except retailmarijuana stores and marijuana cultivation facilities and provide for the regulation of retailmarijuana stores.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SALIDA, COLORADO, THAT:

1. The aforementioned recitals are hereby fully incorporated herein as findings ofthe City Council.

2. The City Council of the City of Salida hereby prohibits the operation of marijuanaproduct manufacturing facilities and marijuana testing facilities within the City limits of the Cityof Salida.

3. The City Council of the City of Salida hereby permits not more than two (2) totalmarijuana retail stores or two marijuana cultivation facilities or combination thereof within the

City limits of the City of Salida subject to the regulations adopted herein as may be amended andadded to and finds that permitting no more than two ( 2) such stores or facilities is in the bestinterests of the health, safety and welfare of the citizens of Salida.

4. The Salida Municipal Code Section 6- 3- 10 is hereby amended as provided onExhibit A, Sections 6- 3- 140 through 6- 3- 230 are hereby added as provided on Exhibit B,Section 16- 1- 80 and 16-4- 190(k) is hereby amended as provided on Exhibit C and Table 16D isamended as provided on Exhibit D all of which are attached hereto and incorporated herein.

5. The Salida Municipal Code Sections 6- 3- 30 through 6- 3- 130 are hereby amended

City of Salida, ColoradoOrdinance No. 22, Series of 2013

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to include the words " medical marijuana dispensary" before the word " license" to avoid anyconfusion with the above-adopted regulations.

6. Sections 6- 3- 140, 6- 3- 150 and 6- 3- 160 shall be renumbered Sections 6- 3- 240, 6-

3- 250 and 6- 3- 260.

INTRODUCED ON FIRST READING, on August 20, 2013, ADOPTED and

ORDERED PUBLISHED IN FULL in a newspaper of general circulation in the City of Salidaby the City Council on the

20th

day of August, 2013 and set for second reading and publichearing on the P day of September, 2013.

INTRODUCED ON SECOND READING, FINALLY ADOPTED and ORDERED

PUBLISHED IN FULL, by the City Council on the P day of September, 2013.

CITY OF SALIDA, COLORADO

Mayor

SEAL]

ATTEST:

City Clerk/Deputy Clerk

PUBLISHED IN FULL in the Mountain Mail after First Reading on the 23`d

day ofAugust, 2013, and BY TITLE ONLY, after final adoption on the

12th

day of September, 2013.

City Clerk/Deputy City Clerk


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EXHIBIT A

See. 6- 3- 10. Definitions.

Amendment 64 means a voter-initiated amendment to the Colorado Constitution adoptedin November 2012 adding Section 16 of Article 18 to the Colorado Constitution,

Colorado Medical Marijuana Code means Article 43. 3 of Title 12, Colorado RevisedStatutes.

Consumer means a person twenty-one years of age or older who purchases marijuana ormarijuana products for personal use by persons twenty-one years of age or older, but notfor resale to others.

Department means the Department of Revenue or its successor agency.

Industrial hemp means the plant of the genus cannabis and any part of such plant,whether growing or not, with a Delta-3 Tetrahydrocannabinol concentration that does notexceed three- tenths percent on a dry weight basis.

Marijuana or Marihuana means all parts of the plant of the genus cannabis whethergrowing or not, the seeds the thereof, the resin extracted from any part of the plant, andevery compound, manufacture, salt, derivative, mixture or preparation of the plant, itsseeds, or its resin, including marihuana concentrate. Marijuana or Marihuana does notinclude industrial hemp, nor does it include fiber produced from the stalks, oil or cakemade from the seeds of the plant, sterilized seed of the plant which is incapable ofgermination, or the weight of any other ingredient combined with marijuana to preparetopical or oral administrations, food, drink or other product.

Marijuana accessories means any equipment, products, or materials of any bind whichare 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, orcontaining marijuana, or for ingesting, inhaling, or otherwise introducing marijuana intothe human body.

Marijuana cultivation facility means an entity licensed to cultivate, prepare, and packagemarijuana and sell marijuana to retail marijuana stores, to marijuana product

manufacturing facilities, and to other marijuana cultivation facilities, but not toconsumers.

Marijuana establishment means a marijuana cultivation facility, a marijuana testingfacility, a marijuana product manufacturing facility or a retail marijuana store.


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Marijuana product manufacturing facility means an entity licensed to purchasemarijuana; manufacture, prepare, and package marijuana products; and sell marijuana and

marijuana products to other marijuana product manufacturing facilities and to retailmarijuana stores, but not to consumers.

Marijuana products means concentrated marijuana products and marijuana products that

are comprised of marijuana and other ingredients and are intended for use or

consumption, such as, but not limited to, edible products, ointments, and tinctures.

Marijuana testing_facility means an entity licensed to analyze and certify the safety andpotency of marijuana.

Medical marijuana center mans an entity licensed by a State agency to sell marijuanaand marijuana products pursuant to Section. 14 of this Article and the Colorado Medical

Marijuana Code.

Retail marijuana store means an entity licensed to purchase marijuana from marijuanacultivation facilities and marijuana and marijuana products from marijuana product

manufacturing facilities and to sell marijuana and marijuana products to consumers.


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EXHIBIT B

6-3- 140. Application for retail marijuana license or marijuana cultivation facilitylicense.

a) A person seeking to obtain a retail marijuana license or marijuana cultivation licensepursuant to this Article shall file an application with the Local Licensing Authority and the State as maybe required. The form of the application shall be provided by the Local Licensing Authority or the Stateas applicable.

b) Applications deemed complete shall be processed by the Local Licensing Authority inorder of receipt and incomplete applications will be rejected.

6-3- 150. Licensing fees.

An applicant shall pay to the City a non-refundable application fee to pick up an application andto file the application to cover the administrative costs of producing and processing the application. Theapplication fee shall be established by resolution of the City Council, as may be amended from time totime.

6-3- 160. Denial of retail marijuana license or marijuana cultivation facility license.

a) The Local Licensing Authority shall deny an application for a retail marijuana license ormarijuana cultivation facility license under this Article, if the Local Licensing Authority determines that:

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

2) The application fails to meet any of the standards set forth in Chapter 16 of this Code.

3) The application fails to meet any of the standards set forth in the Colorado RetailMarijuana Code, regulations promulgated by the MMED, or any other applicable law.

b) The Local Licensing Authority may deny an application if the applicant or any owner ofan applicant business has previously been convicted of a felony violation within the past five years.

c) If there are currently two licensed marijuana retailers or marijuana cultivation facilitiesoperating with the City.

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

6-3- 170. Decision by Local Licensing Authority.

a) The Local Licensing Authority shall approve, deny, or conditionally approve an

application within forty five ( 45) days of the receipt of the completed application, unless, by writtennotice to the applicant, the decision period is extended for an additional ten( 10) days if necessary for theLocal Licensing Authority to complete the review of the application or other such time to complete the


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background investigation. The Local Licensing Authority, at his or her discretion, may hold a publichearing on the proposed retail marijuana license or marijuana cultivation facility to be held not less thanthirty (30) days after the date of the application. Notice and procedure for the hearing shall comply withthe provisions of State Marijuana Code C.R.S. § 12- 43.4 et seq.

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

c) The Local Licensing Authority shall have the authority to impose such reasonable termsand conditions on a retail marijuana license or marijuana cultivation facility license as may be necessaryto protect the public health, safety and welfare, and to obtain compliance with the requirements of thisArticle and applicable law. In the event an application is conditionally approved, the Local LicensingAuthority shall clearly set forth in writing the conditions of approval.

6-3- 180. Notice of decision.

The Local Licensing Authority shall notify the applicant of the decision on the application bymailing a copy of its decision to the applicant by regular mail, postage prepaid, at the address shown inthe application. Notice is deemed to have been properly given upon mailing.

6-3- 190. Appeal of retail marijuana license or marijuana cultivation facility decision.

a) An applicant has the right to appeal the Local Licensing Authority' s denial or conditionalapproval of an application to the City Council by filing a written request with the City Clerk withintwenty (20) days of the date of the notice of the decision described in Section 6- 3- 180 of this Code. Anappealing applicant shall pay the appeal fee as established by resolution of the City Council and amendedfrom time to time and reimburse the City for any outside professional costs incurred by the City related tothe appeal.

b) The applicant shall be provided with not less than ten ( 10) days prior written notice of an

appeal hearing to be held by the City Council.

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

d) Any decision made by the City Council pursuant to this Section shall be a final decisionand may be appealed to the district court pursuant to Rule 106( a)( 4) of the Colorado Rules of CivilProcedure. The applicant' s failure to timely appeal the decision shall be a waiver of the applicant' s rightto contest the denial or conditional approval of the application.

6-3- 200. Retail marijuana license and marijuana cultivation facility Iicense.

a) A retail marijuana license or marijuana cultivation facility license shall contain thefollowing information:

1) The name of the retail marijuana licensee or marijuana cultivation facility license;


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2) The date of the issuance of the retail marijuana license or marijuana cultivation facilitylicense;

3) The address at which the licensee is authorized to operate the retail marijuana center or

marijuana cultivation facility;

4) Any special conditions of approval imposed upon the retail marijuana license ormarijuana cultivation facility license by the Local Licensing Authority, pursuant to Section 6- 3-70; and

5) The date of the expiration of the retail marijuana license or marijuana cultivation facilitylicense.

b) A retail marijuana license or marijuana cultivation facility license must be signed by boththe applicant and the Local Licensing Authority to be valid.

c) A retail marijuana license or marijuana cultivation facility license is non-assignable andany attempt to assign a retail marijuana license voids the retail marijuana license.

d) A retail marijuana license or marijuana cultivation facility license may only betransferred to a different location Following the payment of the retail marijuana license transfer fee asestablished by resolution of the City Council and amended from time to time, submitting the applicationmaterials and complying with the requirements relevant to location and structures contained in this Code,

and approval of the retail marijuana license transfer by the Local Licensing Authority following theapplication process set forth in this Article.

e) A retail marijuana license or marijuana cultivation facility license shall be continuouslyposted in a conspicuous location at the retail marijuana center.

6-3- 210. Duration of retail marijuana license or marijuana cultivation facility license;renewal.

a) Each retail marijuana license or marijuana cultivation facility license issued pursuant tothis Article shall be valid for one ( 1) year from the date of issuance, and may be renewed as provided inthis Section.

b) An application for the renewal of an existing retail marijuana license or marijuanacultivation facility license shall be made to the Local Licensing Authority not less than forty five ( 45)days prior to the date of expiration. No application for renewal shall be accepted by the Local LicensingAuthority after such date.

c) The provisions of Sections 6- 3- 200( a) through 6- 3- 200( e), inclusive, shall apply to theprocessing of an application to renew a retail marijuana license or marijuana cultivation facility licenseunless specifically waived by the Local Licensing Authority based upon no changed circumstances. Thetimely filing of a renewal application shall extend the current retail marijuana license or marijuanacultivation facility license until a final decision is made on the renewal application, including any appealof the Local Licensing Authority' s decision to the City Council.


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d) The applicant shall at the time of an application to renew a retail marijuana license or

marijuana cultivation facility license not be delinquent on any applicable City' s fees or taxes.

e) At the time of the filing of an application for the renewal of an existing retail marijuanalicense or marijuana cultivation facility license the applicant shall pay a renewal fee in an amountestablished by resolution of the City Council, as may be amended.

f) The Local Licensing Authority may refuse to renew a retail marijuana license for goodcause.

6-3-220. Duties of retail marijuana licensee or marijuana cultivation facility licensee.

It is the duty and obligation of each retail marijuana licensee or marijuana cultivation facilitylicensee to do the following:

1) Comply with all of the terms and conditions of the license, and any special conditions onthe license imposed by the Local Licensing Authority, pursuant to Section 6- 3- 70.

2) Comply with all of the requirements of this Article;

3) Comply with all other applicable City ordinances;

4) Comply with all state laws and administrative regulations pertaining to the retail use ofmarijuana or commercial cultivation of marijuana., including, but not limited to, Amendment 64;the Colorado Retail Marijuana Code; and the administrative regulations issued by the MMED.

5) Permit inspection of its records and operation by the Local Licensing Authority for thepurpose of determining the licensee' s compliance with the terms and conditions of the license andthis Article.

6-3-230. Suspension or revocation of retail marijuana license or marijuana

cultivation facility license.

a) A retail marijuana license or marijuana cultivation facility license issued pursuant to thisArticle may be suspended or revoked by the Local Licensing Authority for the following reasons:

1) Fraud, misrepresentation., or a false statement of material fact contained in the retail

marijuana license application or marijuana cultivation facility license;

2) A violation of any City, state, or federal law or regulation, other than a federal law orregulation concerning the possession, sale or distribution of marijuana that conflicts withAmendment 64;

3) A violation of any of the terms and conditions of the retail marijuana license or marijuanacultivation facility license, including any special conditions of approval imposed upon the retail


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marijuana license or marijuana cultivation facility license by the Local Licensing Authoritypursuant to Section 6- 3- 200;

4) A violation of any of the provisions of this Article; or applicable zoning regulations atChapter 16 of this Code;

5) Operations have ceased at the retail marijuana center or marijuana cultivation facility formore than thirty( 30) days including during a change of ownership; or

6) Ownership of the retail marijuana center or marijuana cultivation facility has beentransferred without the new owner obtaining a retail marijuana license pursuant to this Article.

b) In connection with the suspension of a retail marijuana license or marijuana cultivation

facility license, the Local Licensing Authority may impose reasonable conditions.

c) The Local Licensing Authority shall notify the retail marijuana licensee or marijuanacultivation facility license in writing of the decision to suspend or revoke the retail marijuana license ormarijuana cultivation facility license within three( 3) business days of rendering the decision.

d) No suspension or revocation shall be final until the retail marijuana licensee or

marijuana cultivation facility license has been given the opportunity for a hearing to address thesuspension or revocation. The retail marijuana licensee or marijuana cultivation facility licenseehas the right to appeal the Local Licensing Authority' s suspension or revocation to the CityCouncil by filing a written request with the Local Licensing Authority within twenty( 20) days ofthe date of the Notice of Decision issued by the Local Licensing Authority, as described inSection 6- 3- 230 above.


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EXHIBIT C

See. 16- 1- 80. Definitions.

The following definition is added to Sec. 16- 1- 80:

Retail marijuana store means an entity licensed to purchase marijuana from marijuanacultivation facilities and marijuana and marijuana products from marijuana product

manufacturing facilities and to sell marijuana and marijuana products to consumers.

Marijuana cultivation facility means an entity licensed to cultivate, prepare, and packagemarijuana and sell marijuana to retail marijuana stores, to marijuana product

manufacturing facilities, and to other marijuana cultivation facilities, but not to

consumers.

Sec. 16- 4- 190 Review Standards Applicable to Particular Uses

k) Medical marijuana centers and retail marijuana stores.

1) No medical marijuana center or retail marijuana store as defined at Section

16- 1- 80 and Section 6- 3- 10 shall be established except in accordance with the following locationrequirements:

a. Each medical marijuana center and retail marijuana store shall be operated

from a permanent and fixed location. No medical marijuana center shall be located in a movable,

mobile or transitory location.

b. No medical marijuana center and retail marijuana store shall be located

within one thousand feet ( 1, 000') of another medical marijuana center. Distance shall be

calculated using the standard established in the Colorado Medical Marijuana Code.

C. No medical marijuana center or retail marijuana store shall be located

within one thousand feet ( 1, 000') of a school as defined at Section 16- 1- 80 of this Code.

Distance shall be calculated using the standard established in the Colorado Medical MarijuanaCode.

City of Salida, ColoradoOrdinance No, 22, Series of 2013Page 1 1 of 11

EXIIIBIT.ID

TABLE I&D .

Schedule of Uses

N= Not Permitted

P= Permitted

AC= Administrative

Conditional UseStandards'

C= Conditional Use

AR= Administrative Review

LR= Limited Impact Review

MR= Major impact ReviewR- 1 R- 2 R- 3 R-4 IiMU C- 2 C- 1 I

Conmercial;.11' ersonal

Service and Office Uses.. R_7 R-2: R-3 R-4 R1Vii3 C- 2 C=1 i [ Standards ..

Medical marijuana centers N N N N N N AR N Sec. 16- 4-

190( k)

Retail marijuana stove N N N

IN N N AR N Sec. 16- 4-

190( k)

Notes:

The standards referenced herein are in addition to all other applicable standards of this Land Use Code.Provided that State Health Code space and sanitation requirements are met.

An existing dwelling can be modified or rebuilt as a matter of right.The allowed use is conditional in the SH 291 Corridor Overlay ( 291 CO). Refer to Section 1..6- 5- 50

regarding the SH 291 Corridor( 291 CO) District.

Amendment 64, which amended Article XVIII of the Colorado

Documents

Transcript of Amendment 64, which amended Article XVIII of the Colorado