HomeMy WebLinkAbout2022 Ordinance No. 0231
BY AUTHORITY
ORDINANCE NO. 23 COUNCIL BILL NO. 23
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE REPEALING SECTION 5-3D-7 REGARDING
MEDICAL MARIJUANA LICENSE BOND, TO REFLECT ELIMINATION
OF BOND UNDER STATE LAW.
WHEREAS, Englewood Municipal Code (“EMC”) Section 5-3D-7 requires a medical
marijuana license bond, as a bond was required by state law when that section was codified into
EMC; and
WHEREAS, Colorado law no longer provides for a medical marijuana license bond; and
WHEREAS, City Council desires to repeal Section 5-3D-7 of the Englewood Municipal
Code to reflect the repeal of this requirement under state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Repeal of Section 5-3D-7 Englewood Municipal Code
Section 5-3D-7 of Englewood Municipal Code is hereby amended to read as follows (new
provisions in italics, deleted provisions struck through):
5-3D-7: - ReservedMedical Marijuana License Bond.
A. Before the Local Licensing Official issues a local license to an applicant, the applicant
shall procure and file with the City Licensing Authority evidence of a good and sufficient bond
in the amount of five thousand dollars ($5,000.00) with corporate surety thereon duly licensed
to do business with the City, and conditioned that the applicant shall report and pay all sales and
use taxes due to the City, or for which the State is the collector or collecting agent, in a timely
manner, as provided by law.
B. A corporate surety shall not be required to make payments to the City claiming under
such bond until a final determination of failure to pay taxes due to the City has been made by
the City Licensing Authority or a Court of competent jurisdiction.
C. All bonds required pursuant to this Section shall be renewed at such time as the
bondholder's license is renewed. The renewal may be accomplished through a continuation
certificate issued by the surety.
Section 2. General Provisions Applicable to this Ordinance
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The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
Introduced, read in full, and passed on first reading on the 18th day of April, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st
day of April, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 20th
day of April, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 2nd day of May, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 23, Series of 2022,
on the 5th day of May, 2022.
Published by title on the City’s official website beginning on the 4th day of May, 2022 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 23, Series of 2022.
Stephanie Carlile
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