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HomeMy WebLinkAbout2019 Ordinance No. 004BY AUTHORITY ORDINANCE NO.4 COUNCIL BILL NO. 48 SERIES OF 2018/2019 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, TITLE 5, AND ESTABLISHING CHAPTER 3F, TO PROVIDE FOR RETAIL CULTIVATION OF MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Article XVII1, Section 16(5)(0 of the Constitution of the State of Colorado provides that a locality may enact ordinances or regulations, not in conflict with the Constitution or State law, regarding marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores; governing the time, place, manner and number of retail marijuana establishment operations; and establishing procedures for the issuance, suspension, and revocation of a license issued by the locality; WHEREAS, the City of Englewood is a home rule City, established in accordance with Article XX of the Constitution of the State of Colorado, and through Section 30 of its home Rule Charter, endows its City Council with all municipal legislative powers as conferred by general law, and the authority to delegate those powers to Boards and Commissions by ordinance; WHEREAS, the City of Englewood is a "locality" as defined by Article XVIII, Section 16(5)(f) of the Constitution of the State of Colorado; WHEREAS, the Local Liquor, Medical and Retail Marijuana Licensing Authority has been established as a Board or Commission within Title 2, Chapter 6 of the Englewood Municipal Code; WHEREAS, no action permilling retail marijuana cultivation facilities has been approved within the City of Englewood through the enactment of an ordinance or through an initiated or referred measure; WHEREAS, no action prohibiting retail marijuana cultivation facilities has been approved within the City of Englewood through the enactment of an initiated or referred measure; WHEREAS, on November 5, 2013, in Referred Question No. 2B, when asked to provide an advisory opinion, the voters of the City of Englewood rejected banning retail marijuana activities, specifically including retail marijuana cultivation; WHEREAS, on November 8, 2016, in Ballot Question No. 301, the voters of the City of Englewood rejected banning retail marijuana activities, specifically including retail marijuana cultivation; and WHEREAS, on November 8, 2016, in Ballot Issue No. 300, the voters of the City of Englewood, passed an initiated ordinance providing for the distribution and sale of retail marijuana within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 2, Chanter 6, Section 1 shall be amended as follows: 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 20 1 -$" Ftieles 46,47 See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43:3 H and 43-4 12 of Title a-? 44 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana —Infused Products Manufacturer License; 4. A Retail Marijuana Store License; 5 A Retail Mariivana Cultivation FacilityLi. itense, Section 2. Title 5, Chapter 3F, shall be established as follows: 5-3F-1: Retail Marijuana Cultivation Established. A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate Retail Marijuana, except in compliance with the terms, conditions, limitations, and restrictions in Section 16 of Article XVIII of the State Constitution and/or the terms, conditions, limitations, Article 44 of Title 12 C.R.S., and all applicable provisions of the Englewood Municipal Code. 5-3F-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority, as established in Title 2, Chapter 6, Section 1, shall grant or refuse local licenses for the cultivation of Retail Marijuana as provided by all applicable State and local law; suspend, fine, restrict, or revoke such licenses upon a violation of law or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Pursuant to Section 30 of the Englewood Home Rule Charter, the authority to establish rules and regulations for the proper control of the cultivation of Retail Marijuana is vested in the Local Licensing Authority. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation of Retail Marijuana cultivation and for the enforcement of this Chapter. C. The Local Licensing Authority shall adopt and enforce regulations for retail marijuana cultivation that are at least as restrictive as the provisions of Article 12 of Title 44 C.R.S., including 44-12-403, and any rule promulgated pursuant to that article, all in conformance with the provisions set forth within this Chapter. D. In addition to all other standards applicable to the issuance of licenses under this Code, the following additional standards for the issuance of Retail Marijuana Cultivation Operation consistent with the intent of Article 44 of Title 12 C.R.S. and this Code are adopted as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued: (a) If the building in which Retail Marijuana is to be cultivated is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Retail or Medical Marijuana Center, Retail or Medical Marijuana -Infused Products Manufacturer or Retail or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re -issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Retail Marijuana is to be cultivated using a route of direct pedestrian access. (c) After April 20, 2015, Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises. (a) All Retail Marijuana Cultivation Operations shall not exceed five thousand (5,000) square feet. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License. (a) Any cultivation or manufacture of Retail Marijuana within a Multi -Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. E. The provisions of Title 5, Article 3E shall be applicable to interpreting this Article 3F. F. Definitions not provided within Title 5, Article 3E, shall be as provided in Title 7, Article 6D, Section 12-2. G. Enforcement of this Chapter shall be in conformance with E.M.C. Title 1, Chapter 4, "General Penalty" provisions. 5-3F-3: Licensing Fees. All licensing and application fees shall be established by the City Council by regular Resolution and set forth within the City's Fee and Rate Schedule, or adopted by inclusion within the City's Fee and Rate Schedule as approved by Resolution. In 2019 such licensing and application fees shall be equal in amount to those fees as established for the cultivation of medical marijuana. On or after January 1, 2020, such fees shall be as provided by law and established in accordance with this section. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1 Chapter 2 Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, "General Penalty" provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a tine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safe 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. 4 Introduced, read in full, and passed on first reading on the 17`h day of December, 2018. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20`' day of December, 2018. Published as a Bill for an Ordinance on the City's official website beginning on the 19`h day of December, 2018 for thirty (30) days. Read by Title and passed on final reading on the 7'h day of January, 2019. Published by Title in the City's official newspaper as Ordinance No. 4, Series of 2018/2019, on the I 0`h day of January, 2019. Published by title on the City's official website beginning on the 91h day of January, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. I/ v Linda Olson, Mayor ATTEST: Ste nie Car ile, 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. 4, Series of 2018/2019. tephanie Carlile 5