HomeMy WebLinkAbout2019 Ordinance No. 050BY AUTHORITY
ORDINANCE NO. 50 COUNCIL BILL NO. 41
SERIES OF 2019 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AMENDING TITLE 2, SECTION 2-6-1, AND TITLE 5,
SECTIONS 5-3-1, 5-3A-3, 5-3D-2, 5-3D-3, 5-3E-2 AND 5-3E-3 OF THE
ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE
ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING
AUTHORITY.
WHEREAS, the City of Englewood passed Ordinance 65, Series of 2017, on November 6,
2017, clarifying the duties and authority of the Englewood Local Liquor and Marijuana Licensing
Authority;
WHEREAS, the City of Englewood passed Ordinance 36, Series of 2019, on August 19, 2019,
pertaining to Special Event, Alcohol Tasting, and Arts License Permits, necessitating updates to
references to the Local Liquor and Marijuana Licensing Authority;
WHEREAS, provisions clarifying the duties and authority of the hearing officer were
inadvertently substituted with the previous provisions when those same sections of the Code were
updated to reflect statutory revisions through approval of Ordinance 36, Series of 2018, and
Ordinance 4, Series of 2019; and
WHEREAS, it is appropriate to update the Englewood Municipal Code to bring conformity
to the Code as written and correct the-scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 2 of the Englewood Municipal Code 2000 as follows:
Amending Title 2, Section 2-6-1 of the Englewood Municipal Code
Chapter 6 -- ENGLEWOOD LOCAL LIQUOR-51MVEDICAL MARIXANA, AND RETAIL
MARIJUANA LICENSING AUTHORITY
2-6-1: Licensing Authority Established.
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A. Englewood Local Liquor and Marijuana Licensing Authority.
1. Establishment. There is hereby established an Englewood Local Liquor and Marijuana
Licensing Authority ("Local Licensing Authority" or "Authority'_'), which is vested with
the authority to grant or deny permits and licenses, to conduct investigations as are required
bylaw, and to suspend or revoke such licenses for cause in the manner provided by law.
Such Authoritv 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. 2018, and as otherwise granted to it in Title S
Chapter 3 Article A.
2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer
who shall be selected following a standard Request for Qualifications process, and in
conformance with the Purchasing Policies & Procedures of the City,and shall serve at the
pleasure of the City Council. The Hearing Officer shall be annually appointed/reappointed
by the City Council by resolution and may be removed with or without cause by a majority
vote of the City Council. The City Council shall estabULh compensation_ for the Hearine
Officer. The City Council may, in its discretjon, appoint an alternate Hearing Officer who
may serve when the appointed Hearing Officer is unavailable or has a conflict with_a
pending matter. The term "Hearing Officer" shall be synonymous with "Local Licensing
Authority" as used throughout this section
3. Qualifications of Hearing Officer. The Hearing Officer shall be an individual licensed to
practice law in the State of Colorado with sufficient knowledge and expertise to apply and
enforce the Colorado Beer Code (C.R.S. 12-46-101, et sea.). Colorado Liquor Codc (C.R.S.
12-47-101, et seg.), Special Events Code (C.R.S. 12-48-101_,_et seg.),_Medical Marijuana
Code (C.R.S. 12-43.3--101, et segJ, Retail Marijuana Code (C.R.S. 12-12-101, et seg.)z and
the equivalent sections of the Englewood Municipal Code regulating the licensing of li uor
or marijuana establishments in the City of Englewood. Colorado. The Hearing Officer shall
not hold any other City of Englewood office, appointment orposition. The Hearing Officer
shall not have any financial interest in the operation of any business located or operating
in the City of Englewood holding a license pursuant to any of the Codes listed within this
paragraph.
4. Rules of procedure; conduct of hearings In conformance with applicable statutes and the
Englewood Municipal Code. the Hearing Officer serving as the Local Licensing Authority
shall have the power to decide matters brought before it following a public hearing. Public
hearings shall be held in accordance with the procedural rules and regulations for hearings
as set forth in Title 1, Chapter 10, and/or as adopted by the Local Licensing Authority. The
Authority may also adopt rules of procedure and regulations concerning the application
and renewal processes. All hearings before the. Local Licensing Authority shall be public.
5. Meetings. The Local Licensing_ Authority shall hold a regular meeting once each calendar
month, unless there is no business to conduct. The Local Licensing Authority may_call
special meetings after consultation with the QL Clerk or the City Clerk's desi nee.
Notification of the public of such special meetings shall be completed in the same manner
as the regular meetings of the Authority. The purpose of meetings shall be to conduct public
hearings regarding Iicensure in conformance with applicable provisions of the En lei
Municipal Code.
b. Subpoena power and violations. The Local Licensing Authorit shall have the power to
administer oaths and issue -subpoenas to require the presence of persons and the production
of documents, data compilations and other evidence at any hearing before the authority. A
subpoena shall be served in the same manner_as_a subpoena issued by the municipal court
of the Ci1y, in accordance with 1-10-3 of the EMC. It shall be unlawful for any. person to
fail to comply with any subpoena or order to produce documents, data compilations or
other evidence issued by the authority. The municipal court shall enforce the subpoenas of
the Authority and, upon good cause shown, shall enter orders compg1ling witnesses to
attend andtesti or produce documents, data compilations or other evidence, and shall
impose penalties or punishment for contempt in case of failure to comply with such orders.
7. Investigators. Such person or persons as the City Manager shall designate shall serve as
investigators or perform investigative duties on behalf of the Local Licensing Authority.
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B. The Local Licensing Authority is vested with the authority to grant or deny licenses for the
sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided
by law, and 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, G.R.S.
C. The Local Licensing Authority is vested with the authority to issue only the following
Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local
Licensing requirements to be determined by the Local Licensing Authority as set forth in
Article I 1 and 12 of Title 44, C.R.S.:
I. A Medical Marijuana Center License;
2. A Medical Marijuana Optional Premises Cultivation Operation License;
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3. A Medical Marijuana -Infused Products Manufacturer License;
4. A Retail Marijuana Store License.
5. A Retail Marijuana Cultivation Facility License.
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title
5 of the Englewood Municipal Code 2000 as follows:
Amending Title 5 Section 5-3-1 of the Englewood Munici al Code
5-3-1: Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
Beer: See Fermented Malt Beverages, herein.
Director: . Official designated to issue a license following approval
by the Local Licensing Authority.
Fermented Malt Beverages: Beer and any other beverages obtained by the fermentation of
any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof,
in water containing not less than one-half (%) of one percent (1 %) alcohol by volume as prescribed
by G.R.S., §§ 44-3-103(18) and 44-4-103.
Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and
character which now are in use or which in the future may come into use as a beverage, no matter
by what name they may be known or called, and no matter how small the percentage of alcohol
they may contain and no matter what other ingredients may be used in them.
Malt liquors: Includes beer and shall be construed to mean any beverage obtained by the
alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar
products or any combination thereof, in water containing not less than one-half (%) of one percent
(1%) alcohol by volume, all in conformance with C.R.S. § 44-3-103(30).
Medicinal Liquors: Any liquor sold by a duly licensed pharmacist or drug store solely on bona
fide doctor's prescription.
Medicinal Spirituous Liquors: Any alcohol beverage excepting beer and wine that has been
aged in wood for four (4) years and bonded by the United States Government and is at least one
hundred (100) proof.
Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than
medicinal liquors, for beverage purposes at retail and who is engaged at any time during the
calendar year in such operation within the City.
Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and
other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered
alcohol, and every liquid or solid, patented or not, containing at least one-half (%z) of one percent
(1%) alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid
containing beer or wine in combination with any other liquor, except as defined, including malt
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liquors and vinous liquors, and shall not be construed to be fermented malt or malt or vinous
liquors, but shall be construed to be spirituous liquor.
Vinous Liquors: Includes wine and fortified wines that contain not less than one-half ('/2) of
one percent (1 %) alcohol by volume but not exceeding twenty-one percent (21 %) of alcohol by
volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the
natural sugar contents of fruits or other agricultural product containing sugar.
Amendin,a Title 5, Section 5-3A-3 of the Englewood Municipal Code
5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority.
A. Vesting ofAuthority. The Englewood Local Liquor and Marijuana Licensing Authority ("Local
Licensing Authority" or "Authority"), is vested with the authority to grant or refuse permits
and licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt
beverages, to conduct investigations as are required by law, and 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. 2018.
B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local
Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code
licensing functions:
1. Processing and issuance of special events permits pursuant to Article 5 of Title 44, C.R.S.
2018, provided that there are no parties filing a written objection to said permit.
2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that
the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and
associated regulations during the preceding year.
3. Changes in shareholders, officers, directors or trade names of a licensee, or registration
and/or changes in on -site manager, provided that any investigation conducted by the City
does not reveal information that may reasonably form the basis of a determination that
the applicant is not qualified to hold the respective license.
4. The issuance of temporary permits pursuant to and in compliance with the provisions of
C.R.S. § 44-3-302, and C.R.S. § 44-3-303. A temporary permit fee shall be charged in
conjunction with the issuance of each temporary permit.
5. Request to change, alter or modify the premises as set forth in E.M.C. 5-3A-8.
6. Tastift"Permits issued in accordance with applicable
provisions of the Englewood Municipal Code, including E.M.C. 5-3A-9.
7. Transfer of ownership.
The City Clerk may refer any licensing decision authorized under this section to the Local
Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local
Licensing Authority.
C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall
issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are
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required by law and this Code. The City Clerk shall serve as the official secretary of the Local
Licensing Authority and shall designate a person or persons to provide the necessary
secretarial and reporting services for the Local Licensing Authority. The City Clerk or
designee shall attend the meetings of the Local Licensing Authority. All public notice shall
be made by publication on the City's official website, or in a newspaper designated by City
Council as the City's official newspaper. All signs required to be posted by the Colorado
Liquor Code, shall be made by the City Clerk.
Amending Title 5, Section 5-3D-2 of the Englewood Municipal Code
5-3D-2: - Powers and Duties of the Local Licensing Authority.
A.Vesting ofAuthori . The Local Licensing Authority, as established in E.M.C. 2-6-1. shalI
grant or deny local licenses for the cultivation, manufacture, distribution, and sale of Medical
Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation
of this Title, 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. Rules and Determinations. 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, manufacture, distribution, and sale of Medical Marijuana and for the
enforcement of this Chapter.
C. Compliance with C.R.S. 44-43,344-11. The Local Licensing Authority h shall
comely with and conform to the a minimum licensing requirements of Article 11 of Title 44
C.R.S. when issuing a License.
D. Additional licensing standards. In addition to all other standards applicable to the issuance of
licenses under this Code, the Local Licensing Authority hereby a is shall comply with and
conform to the followin additional standards for the issuance of Medical Marijuana Center,
Medical Marijuana Optional Premises Cultivation Operation, or Medical Marijuana -Infused
Products Manufacturer Licenses consistent with the intent of Article I I of Title 44 C.R.S. and
this Code, including as follows:
1. Distance restrictions between premises in or out of City limits for which Local Licenses
are issued; shall be as follows:
(a) If the building in which Medical Marijuana is to be cultivated, manufactured or sold
is located within two thousand feet (2,000') of a school, an alcohol or drug treatment
facility, or the principal campus of a college, university, seminary, or a residential
child care facility or within two thousand five hundred feet (2,500') of an existing
licensed Medical Marijuana Center, Medical Marijuana -Infused Products
Manufacturer 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
on
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 Medical Marijuana is to be sold, cultivated or infused, using
a route of direct pedestrian access.
(c) After April 20, 2015, Medical 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. Rye restrictions on the size of an applicant's Licensed Premises shall be as
follows:
(a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed
five thousand (5,000) square feet.
(b) Restrictions on the size of licensed Medical Marijuana premises shall be reasonable
based upon the specific location, site, and premises.
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, including the following:
(a) Any cultivation or manufacture of Medical Marijuana within a Multi -Tenant building
shall have a heating, ventilation and air conditioning system separate from the rest
of the building.
Amending Title 5, Section 5-3D-3 of the Englewood Municipal Code.
5-3D-3: Definitions.
Any word or term used that is defined in Article XVIII, Section 14 (1)(f) of the Colorado
Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 44-11-
101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those
Constitutional provisions or C.R.S. sections unless the definition is amended by this section.
Direct Measurement: means a straight line from the nearest property line of the school or
campus to the nearest portion of the building used for medical marijuana.
Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial
license issuance means:
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1. The licensee or applicant has violated, does not meet, or has failed to comply with any of
the terms, conditions, or provisions of Article II of Title 44 C.R. S., and rules promulgated
pursuant to this Title, or any supplemental local law, rules, or regulations;
2. The licensee or applicant has failed to comply with any special terms or conditions that
were placed on its license pursuant to an order of the State or Local Licensing Authority;
3. The licensed premises have been operated in a manner that adversely affects the public
health, welfare or the safety of the immediate neighborhood in which the establishment
is located. Evidence to support such a finding may include:
a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this
Code.
b. A continuing pattern of drug -related criminal conduct within the premises or in the
immediate area.
c. A continuing pattern of criminal conduct directly related to or arising from the
facility.
4. The licensed premises will impair the use or development of adjacent conforming
properties or alter the essential character of the neighborhood.
HearinOfficer: means the individual who has been identified as the Englewood Local
Liquor and Marijuana Licensing Authority and given the authority to grant, deny or revoke a liquor
or marijuana license. Hearing Officer carries the same definition as that in 2-6-1 A 2 of the
Englewood Municipal Code.
License: means to grant a license or registration pursuant to this Title.
Licensed Premises: means the premises specified in an application for a license under this
Title, which are owned or in possession of the licensee and within which the licensee is authorized
to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions
of Article 11 of Title 44 C.R.S.
Licensee: means a person licensed or registered pursuant to Article 11 of Title 44 C.R.S. and
this Title.
Local Licensing Authority: means the Englewood Local Liquor and ail -Marijuana
Licensing Authority as established in E.M.C. 2-6-1.
Local Licensing Official: means the Dkea r- of Finanee and Administrative Services
desing approval by the Local Licensing
Authori
Location: means a particular parcel of land that may be identified by an address or other
descriptive means.
Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of
§ 106 of Article 1.5 of Title 44 C.R.S.; Article 11 of Title 44 C.R.S. and for a purpose authorized
by Section 14 of Article XVIII of the State Constitution.
Medical Maryuana Center: means a person licensed pursuant to Article 11 of Title 44 C.R.S.
to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to
registered patients or Primary Care -Givers as defined in Section 14 of Article XVIII of the State
Constitution, but is not a Primary Care -Giver.
Medical Marijuana -Infused Product: means a product infused with Medical Marijuana that is
intended for use or consumption other than by smoking, including, but not limited to, edible
products, ointments, and tinctures. These products, when manufactured or sold by a licensed
Medical Marijuana Center or a Medical Marijuana -Infused Product Manufacturer, shall not be
considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article
5 of Title 25, C.R.S.
Medical Marijuana -Infused Product Manufacturer: A person licensed pursuant to Article 11
of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S.
Medical Marijuana Optional Premises Cultivation Operation: means the premises specified
in an application for a Medical Marijuana Center License with related growing facilities in
Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose
authorized by Section 14 of Article XVIII of the State Constitution.
Multi -Tenant Building. A building that is or can be occupied by more than one tenant.
Patient: a person who meets the definition of patient under Article XVIII, Section 14 (1)(d)
of the Colorado Constitution and applicable law or regulation.
Person: means a natural person, partnership, association, company, corporation, limited
liability company, or organization, or a manager, agent, owner, director, servant, officer, or
employee thereof.
Premises: means a distinct and definite location, which may include a building, a part of a
building, a room, or any other definite contiguous area.
Primary Care -Giver: In addition to the definitions set forth in Section 14(1) (f) of Article
XVIII of the State Constitution, as used in Article 11 of Title 44 C.R.S., unless the context
otherwise requires, "Primary Care -Giver" means a natural person, or as may be more fully defined
in any applicable Federal or State law or regulation.
School: means a public or private preschool or a public or private elementary, middle, junior
high, or high school, college or campus of a college.
Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance
that contains tobacco or Medical Marijuana as defined by Article 11 of Title 44 C.R.S.
State Licensing Authority: means the Authority created for the purpose of regulating and
controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical
Marijuana in this State, pursuant to Article 11 of Title 44 C.R.S.
Amending Title 5, Section 5-3E-2 of the Englewood Municipal Code.
5-3E-2: Powers and Duties of the Local Licensing Authority.
A. The Local Licensing Authority as established in E.M.C. 2-6-1 shall grant or deny local
Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine,
restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant
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to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated
pursuant to this Chapter, the r ee l r ;,,eftsiRg n „tb,,rity may take aetiefi With « eCt tE) n T ,
pant to this Title, and all in accordance with the authority and procedures established pursuant
to this Chapter and in Title E.M.C. 2-6-1.
B. 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 distribution and sale of Retail
Marijuana and for the enforcement of this Chapter.
C. The Local Licensing Authority he..eby adep shall comely with the minimum licensing
requirements of Article 12 of Title 44 C.R.S. to apply to in association with the issuance of a Retail
Marijuana Store License.
D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and
processing applications under this Chapter. The Local Licensing Authority is authorized to
administratively approve any License application under this Chapter so long as the conditions set
forth in the Chapter are met and the applicant has paid the operating fee and any other fees required
by this Chapter.
E. Prior to January 1, 2019, the Local Licensing authority may receive and process
applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the
applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5-3D-1 et. seq. of
the Englewood Municipal Code 2000.
Amending Title 5, Section 5-3E-3 of the Englewood Municipal Code.
5-3E-3: Definitions.
Any word or term used that is defined in any of the following provisions shall have the same
meaning that is ascribed to such word or term as used in the following provisions: Article XVIII,
Section 16(2) of the Colorado Constitution; the Colorado Retail Marijuana. Code, C.R.S. § 44-12-
101, et seq.; Article XVIII, Section 14(1)(b j) of the Colorado Constitution; or the Colorado
Medical Marijuana Code, C.R.S. § 44-11-101, et seq.
Colorado Medical Marijuana Code: Article 11 of Title 44 of the Colorado Revised Statutes,
as amended, and any regulations promulgated thereto.
Colorado Retail Marijuana Code: Article 12 of Title 44 of the Colorado Revised Statues, as
amended, and any regulations promulgated thereto.
Direct Measurement: A straight line from the nearest property line of the school or campus to
the nearest portion of the building used for Retail Marijuana.
Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial
License issuance means:
The Licensee or applicant has violated, does not meet, or has failed to comply with any
of the terms, conditions, or provisions of Article 12 of Title 44 C.R.S., and rules
promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations;
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2. The Licensee or applicant has failed to comply with any special terms or conditions that
were placed on its License pursuant to an order of the State of Local Licensing Authority;
3. The Licensed Premises have been operated in a manner that adversely affects the public
health, welfare or the safety of the immediate neighborhood in which the establishment
is located. Evidence to support such a finding may include:
a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this
Code.
b. A continuing pattern of criminal conduct under state or local law directly related to
or arising from the Licensed Premises.
License: A license or registration granted pursuant to this chapter.
Licensed Premises: The premises specified in an application for a License under this chapter,
which are owned or in possession of the Licensee and within which the Licensee is authorized to
distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail
Marijuana Code.
Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and
this chapter.
Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority.
Local Licensing Official: The Dke ter- f F:,,, nee and n a.,. ir, str-a4ive cer-yi eSeF designee.
Official designated to issue a license following approval by the Local Licensing Authority.
Location: A particular parcel of land that may be identified by an address or other descriptive
means.
Multi -Tenant Building. A building that is or can be occupied by more than one (1) tenant.
Person: A natural person, partnership, association, company, corporation, limited liability
company, or organization, or a manager, agent, owner, director, servant, officer, or employee
thereof.
Premises: A distinct and definite location, which may include a building, a part of a building,
a room, or any other definite contiguous area.
School: A public or private preschool or a public or private elementary, middle, junior high,
or high school, college or principal campus of a college.
State Licensing Authority: The Authority created for the purpose of regulating and controlling
the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail
Marijuana in the State, pursuant to Article 12 of Title 44 C.R.S.
Section 3. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chester 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
within specific Titles, Chapters, or Sections of the Englewood Municipal Code, such Title 1,
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Chapter 2 including 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 fine 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.
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.
Introduced, read in full, and passed on first reading on the 7" day of October, 2019.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10"' day of
October, 2019.
Published as a Bill for an Ordinance on the City's official website beginning on the 9"' day of
October, 2019.
Read by Title and passed on final reading on the 2151 day of October, 2019.
Published by Title in the City's official newspaper as Ordinance No. 50, Series of 2019, on the
24" day of October, 2019.
Published by title on the City's official website beginning on the 231 day of October, 2019 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
ATTEST:
Zphanie-Carlile, City Clerk
Linda Olson, Mayor
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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.
50, Series of 2019.
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