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Home My WebLink About2017 Ordinance No. 008ORDINANCE NO. 8 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, WITH THE ADDITION OF A NEW SECTION E, ENTITLED RETAIL MARIJUANA; AND TITLE 2, CHAPTER 6, PERTAINING TO THE LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY; AND AMENDING TITLE 7, CHAPTER 60, SECTION 12, SUBSECTION 2, (B) AND (C) (1) (a) RECREATIONAL MARIJUANA OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, on August 10, 2016 an Initiative Petition was filed with the Englewood City Clerks Office; and WHEREAS, the Englewood Home Rule Charter, Article VI, Section 46, provides that City Council shall submit sanie to a vote at the next General Election; and WHEREAS, On November 8, 2016, the electors passed the proposed Ballot Question, with the election results being certified on November 22, 2016 by Arapahoe County. 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 hereby approves amending Title 5, Chapter 3, of the Englewood Municipal Code 2000, by adding a new Section E, entitled Retail Marijuana, , which shall read as follows: 5-3E: RETAIL MARIJUANA. 5-3E-1: Purpose. 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 m~ople of The City. a. The City further declares that it is unlawful to cultivate, manufacture. distribute, or sell Retail Marijuana. except in compliance with the terms. conditions . limitations. and restrictions set forth io this Chapter and Section 1 s of Article xvm of the state Constitution and Article 43 4 of Title 12, C.R.S .• the Colorado Retail Marijuana ~ 1 5-3E•2: fowers and Duties of the Local Licensing Authority. 8.. Jhe Local ucensjpg Authority shaU grant gr refuse locat Licenses Joe tbe distrjbutjon and sate of Retail Marijuana as provided by law; suspend. fine. restrict, or revgke such Ligenses upon a Violation of this Chapter or a rule promulgated pursuant to this Chaptec and may impose an'< penalty authorized by the Chapter UOY rule promulgated pursuant to this Chapter. the Lgcal Licensing Authority may take action with respect to a License pursuant to this Die, and in aocorAance with the procedures established pursuant to this Chapter.and io Title s, a,. Toe Locat Lic;ensing Auf;ho1itv shan promulgate sueh rules and make s.ucb special rulings and findings as necessary fgc the propsr regulation @OQ control of lhe distribution and sale of Retail Marijuana and for tbt enfocoementotthis chapter. ~ !he Lqpal licensing Authority__!J_§cebv adopts the minimum keosing ,;eguirements pf Article 43.4 of Title 12 C.B.SJo apply to the issuance of a Retail Man1uana Slc:ti License. Q. OnAQd after January 1. 2011. the Local Licensing Authority shall begiQ,,[eceivinq 9nd processing appficatioos under tNs Chapter, The Local Uceosioq AuthodtyJs authprized to adminish:atiyely approye any License application under this Chapter so tong as the conditions set fodh in the Chaptet are met anc!tbe applicant has paid the operating fee ano any other fees required by this Chapte 4 ~ EciQ.tto January 1 2019. the Local Licensing authority may receive and process app1ications for a Retai1 Mariiuana Store gyrsuant to Section §::3~4-of th ~s Chapter 2!1!Y if the applicant !s a Medica l Matjiuana Center ctulyynsed as of June 1. 201§ under 5. 3D~ 1 et, seq. of th~ Englewood Municipal Code 2000. §:3E;3: Qe{ioWoos. MY word or tenn used that is defined 1n any of the following provisions shall have the grne meaning that Js asgribed to such word or term as used in the follOWinq provision$; Micte XVIII, Section 16l2} of the Colorado Constitution-lbe Colorado Retail Mariju§Di. Code. C,R.S , §12-43.4-101 et seq .; Article xvm. Section 14t1)tb;j) ofthe~Cot orado constitutiQn; or the Colorado Medical Mariiuana Code, c .R.s. §12-43,3 101 et sea .. ~radQ Medica(Marfluana, Codff Article 43.3 of Titli 12 of the Colorado Beyised Statutes, as amended. and any regulations promulgate4thereto... Cgtorado RAtBII Mariiuaga caae· Article 43,4 of Title 12 of the Colorado Revised statues, as amended. and any ~ulations promulgated I.be~ Qkegt Measurement: Asttaight lroe from the nearest propectv_.line P.Ube school or campus to the nearest portion of the building used for retail rparih.t~ Good Gause· For purposes ohefusing or denying a License renewal. reinstatement,__or maL,License jssuance means: 1, J]la,Upensee or aopticaot ba1s violated. does not meet or has faited to comply with any of the terms, condilkms, or provisions of Article 43.4 of Titti;;; 2 !2 C,R.S,. and rule$ promutgated pursuant to the CRMC,J>r any supplemental !ggaUaw. ru1es. 2! r~ul!\!20§; 2.e Ihe Lice □SM or applicant has fai!f1.d to co_mmy with any special terms gr ®OPiligns lbat.w«e placed on its License pursuant to a0xorder of the State of Locat Ucensjgat,utboaty; ~ The Licensed Premiru haye been operated in.a manner lhat adversely affects the public health, welfare or the safety of the immediate neigbbQtbQ.od in which the esfat>Jishm§nt is located, Evidence to support such a fi[!ftj09 may include; L A continuing pattern of offenses against the public paacit..as..d.e1ioi.cLiO Iitle Z of this Code. Q. A contjnuinq pattern of criJJll □al cggduct under state or local law directly ~ lQ..Oc acis.mftam Jbe Licemed e_(emise. L.killSfa: A ficeost or registration granted pursuant to th;& Chapter. Uceqsed Premises ~ The preroise-s specified io an application fo.u..J..Aose urutw:.,lbia Cha12!§!;,&1Jic;!uu;e owned orin possession of the, Licensee and wjthin which the Lic,ensee is aulboriz.e.d.1Q,.diitdb.we. or sell Retail Mari juana in ag;ordanoe with the provisiions oUhe Colorado Retail Marijuana Cod@: Ucense,t 6.J;>erson licensed or registered pursuant to the co1orado RetaO Marflyana Qo_g§ and this Chapter, L,gg§t,l:,irensinq Authority: The Eqgl;wpgd Local Liquor ang Marijuana Licensing AutharitL Lgpal Licensing Qfflciat The Qir;actor of finance and Administ@!rs'.__t:t §@r;yices.or desiqne.e.. Location: 6 particular parcel of mod that may be fdeotmed by an aduu:ic_othgr geseriptiye means. Mu£Iemint .Buildi1J!J;. A building that is or can be oocupied tw rnom..than ooa.tenant. Pe{s,on-A,natural person. partnersh ip, assodatioo, company, corporation. limihtd !igbility company. or organization. or a manager. agent, owner, cUrect91, servant. officer. or employee thereof. Premis.es.:. A-~agd._dl(ioiteJ~. wblch may iocl\Jde a building, a part of a bY]lding. a room. or any other de fi nite contigyous_area School: MubJic or private prescbaolar ,a public or private elementary. middle, iUQiQ! high, or high school. ct>Heg,e or pnncipat campus of a college, 3 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 Articles 43.3 and 43.4 of Title 12 C.R.S. 5-3E-4: AppUcatjons -Licenses. A.. Eligibility for Ucense. A Medical Marijuana Center who is duly licensed under Chapter 3D of the Code and the Colorado Medical Marijuana Code as of June 1 , 201 s shall be permitted to convert to a Retail Marijuana Store or co-locate a Retail Mariiuana Store with its Medical Marijuana Center by complying with the requirements of Title s, Chapter 3D of the Englewood Municipal Code for a te oml of a marij uana Uc.ense and by submitting an app1icalioo as pro¥,ideg in Subsection 5-3E-4lC}. a An applicant for a Retail Marijuana Store License under this Section 5-3E-4 may mlb er; 1) surrender its eXistinq Medical Mariijuana Center License upon receipt of a Retail Marijuana Store License. thereby entirely converting an existing Medical Marijuana Center to a Retail Marijuana Store; or 2} retain its existing Medical Marijuana Center License while co-locating a Retail Marijuana Store at the same location as permitted by 12-43.3-104 of the Colorado Retail Marijuana Code. C.. Application forms. An application for a License shall be filed with the Local Ucensing Authority on forms provided by the state and Local Licensing Authority. The application shall contain such information as the State and Local Licensing Authority maywuire Each application shall be verified byJbe oath m~affirmatiop of the persons prescribed by the State and Local Licensing Authority. Upon receipt of notice from the State Licensing Authority of the application for a license under 12-43.+301 of the Colorado Retail Marijuana Code. the Local Licensing Authority §batlgetermine Whether Jhe applicant quaHfies for a License under this Chapter s- 3E. The Local Licensing Authority shall notify the State and the Applicant in writing g{ its determination as to wtleJhe r the,,,appticant quaUftes for a License as a Re~ Marijuana Store no later than forty-five (45} daqf[oro lhe date the aoplicatipn was originally received by the Local Licensing Authority . .D... Other Requirements. An applicant shall file, at the time of application for a License. plans and specifications for the interior of the building. 5-3E-5: Denial of Application. A.. The Local Licensing Authority shall deny a Local License if the premises on which the applicant proposes to conduct its business do not meet the requirements of this Title or for Good Cause. a If the Local Licensing Authority denies a Local License. the Applicant shall be entitled to a hearing pursuant to this Title. The Local Licensing Authority shall proYide written notice of the grounds for denials:>,{ the Loca l Li censa to the applicant. C.. If an application is denied. the Licensing Authority shall set forth in writing the grounds for denial. 4 §;3.E:S., ears.ans Probibite.d_as Lic;gQ1ees. Ib~<1ca1,__ygmsj09 AuthgJitt,.heceby adopts the proyjsiqns,,aod..,mstci.cti.Qns set forth in 12;43.+lO§ Qf the Qo1ora,go Retail.Marijuana Code* §-3l;-Z; RestrictiQnLfor AppHcattons tor RetaH Mariiuana Store Uqwaes. A. Jbe LocaU.Jcensing Authority shall not receive or agt upon an appffcation f~ issuance Qf a State or Looau,.tcense QJ,Jrsuant to this JiUe; .1.. Until H i§ establi§bed that the applicant is, or will be entjtlec;tto pgssessjonof the premises for wbictlappJicmion is made under a teasa 1 rental agreement or olhf;[ an;a□9@J@ot for possession of the premises or t>y__~rtue ot RWDeri.b lp of the premmj 2. ~eJbeJo.ealtQn is an area where the Sale of Retail Mariiuapa as contemplated is not permitted uod,et.tbucpticable zoning laws; L If the building Jo which Retail Madjuana is to be sold is located within : m two thousangt2. OOO) feet of a Schoot an a!cohoL or drug tLUlamot fadlity, or a licensed child careJ@cility, (Ill with in two thousand ff!§ !J!.lndreq £2 ,§90) feet of a licensed Retail Marijuana Stm.e or Medical Marijuana Business existing aLihe time of application: or (UO within one hundred f 100) teat of any residential dwelling untt in lbe Ci£& The provisions of this §ect;on shall not apgJy to a Retail Marijuana caoyer;ted fr.Pro or @:!Q..;ated with a Medical M§□iuaQ!I genter under common ownership__as permitted under Section 5-3E:4 : or to any facility tbat ha; been previously licensed as a Medical Marijuana Busigess undectbe Code, The or9yisions of Ibis §§gtigp shall not affffl the,_renewal orJt issuance of a Lit:@$e once granted or appty to Woenseg ers;mises located or to be located on land ownedby a rouniclpatity; JJQC sbaJUbe l'J.tQYl§k)na_o_Ubis §ectio.nAAPtv to exmljgg ygensed .eremises on land owned by the State or apmy to s Ucense in effect and active ly doing business before said pdncipal cam pus was constructed. b:. lo addition to the requirements of C.RS, §12-43.4::301: the Loeal Ljcens1ng AuthomYzshaH consider the evidence and make a spepiflQ fingiog of fact as to whether the bui!cfing ro which tt,e Retail .Mfrnlyana is to be sold is located Wl!bio any distance restnctions established by1 or pursuant to. this P~r@Sl@Ph. 2. ~ The distances refe[§d to to ~At§JQAe computed by dir~t !Il_easurem,ent from the nearest property Une of the land used tw..1 §@got, Uceosed childcare facilitt.zresidenUa l dweHinq unit, 0t: existing Betail Marijuana Stora or Medical Mariiuana.8-usine.sa.toJhe nearest portiqn of_~ Retail Maciiuana store using a mute of direct ped~ttl,IO accass" ~ The City Council may at its disoreflon decrease. but not Increase 1h.i distances referred lo in 5:3E-7fA)(2)(a), 5 ersh1p. 5.~3E-B; Transfer of Own . Aulhot!W, In determ· on lmms P'!Pamd and furnished yjo the §!.!le _ and Local Licensjng Authority s~:::f whetm,r to pennll a Transfer~ the Slalll Licensing pmmulaaled by !be Stale consider onl!l.!!)e,eauin,ments !:'11ershlp, !!J!I !Jlcal ~lrn:tion• oc local ucenstng Aul~ ·1v th15 Tnte, anv rum ~ !:,!,l!!n_. and any other local . Y x✓w and Approval of License. S::3E•9: 11 e ie · · . The Local U:censjog Auth • We 5 Chapter 1 of the Cod Jnd resmcttons set forth io c, B s § 12 :-43,4:309 and T"onty adopts tbe provisions . . . . 5-3E 1 II. ., ' • o; Licensing Renewal. ~ A License sbaH appty forthe ren . . ~lhgrity ootJess than fo ewal of an existing Ucense Licensing Aulhortty sh O riv-five 1451 days pr loc to the dat ~ lb!! Local Licensing the Qill!I ll! e;!lliration, a not .,,,,,pt an apcQcali9!l Ille r e ll.. exn1rat1on A ¼al ~ Licensing AuthO:,'!""pt as prrn,1ded in Subsec!i ~I ol a Lqpse after a Lal!! ill!pi!cation for R may extend !be.lll'Qiralion .fate f of th~ Section. The Hmetv _renewal appll . enewal QI a Ltcense prm,lded h ll.. !he Llgense lllld accept w;m th~ local Lice;~,:h !he Local Licensing .Ji:: Appl1capt has filed ~ l,gn§mg ~horily shall next':! and subS§Quenlly app[PWd bv renewals flied !,Qlo"I LJcensma Aulhgrily, in tts i'mcessed by_ the Slate Llcensjn:e Local aru!,Jmsed upon rea5'Jnable O is<;re!ion, subjecllo !he , -/)lllhocily, The @9U![lllllSDI set torlh i□,l his £"[Ids mey waive the furtv~· ~ th,s Tille buona on !he apoj,ication f • The local Licensing Aulho . -ay tune J!@rffiable comglain!ifi!ed Jll'. renewal only ff: the License hrily may hokiJIJ has a hisl!l!I ol violation agamst ii by b State or local LI as bad wnuen, bllPi!I l,icqfng Au•no®· as evidenced by a wrillflll determ~eoslng Aulhooty; and W!l!!III cqnsljtuteGood c • or !hen, 8 1!1 loanal all!!llations nation by lhe Stale or IJIQ!1!:'@ b!l!l dDQ prowl:~e. The I.peal Lice□si!!,9 Aulh;ainsl lhe Licensee that posted a ootice EL Jll'. by !bis TIiie foi; a Reta· · 0l Shall not hold a ~ed In c.R~ ,V-~nsed Betail Ma□iuamiS~:•riiuana §to111..u n1u JI has orovlde noljce to the . g-3!l;! lor a period noJ less I Pll!ffilS&S iO tf1e manner !JlcalLicensi!!.9 Authoill!dlnl at least ten /10},days on!'~ ten 1101 diM imd aftf:r a hearino, §uww;!Joj,::;'~ renew any Licens: i:~::aca~ The II. ___ view. ~ -se only ~ Notw~tanding the provisions wf:lQaejjcense had b , of sybsedion ® of this s cti • Ute rene La . "!'D exwred for not mon, than . <LOO, a License; !°pllcallo'n~Pll!:h:~=rJb: payment ol MD.ri~tn:b¾e.) d:~ ma'l_ffl§ ,.uthqnty, A Ucen . JJars {~0 IX» to th L · "' requisite feu aialf ":n:~o fi:es a late renewal appli~~censlng ye; 0 operate until bnth th'"' C!+ P.iY 5 lbi !!!! llL'l,7 •ate and Local 6 Lic&□siD9 AYtbQ!iPes have l!k7 □ ~□al action to approve or deny ~ Ucagsvs Late Renewal ApoJ1eaJ.1QD . IbeJ.,Q,9al.JJ.censi09 Aulhortty wm not ac.ceqt..a b:te L~e'n9!al ,::g:e~ · · (90) davs after the ex01ration..o:nA ,ce ' more lhan rnnety . o( f after ninety C~ days from date of ~I · ~ewal ap ICiLIOO · · . Ii 8 Llc~OS?6-c8§ a_~ .11 be treated as a new license appl1ca 7 o0: ~xp1rat1on. the appJicati°C! wi . xpired far mare than rnoety (90) former ucensee "!hose License haa_~u-. or sell any Retail Mari juana gays shall not cultivate, manufacture. is ~ . untjl an reqy ired uoe'l§es have been obtaioeg: Qfied f the Late Application Fee. tha.,S!ate Notwjthstanding the amourn, spe ~ pr therwise proykled by law may. in mt..~osina Authority bv rule or as 0 Us, dtscretion, reduce the amount of th e (n, 5_31;.11 : lpactiveJJce:oses. • • • •t . disCJ1eUon may revoke 9r elect □'?1 to renqw Ihe State or _L9ca1 Llcepsing Aut:af1!~!, Premises have been Inactive, without any uc:ense ,r tt deteurnoes th at e . · Good cause. for et least one <1) year. 5..3E-12: ~ . . .. •. . . . 1 perat,ng fee atJhe.Jimesf~ 1tSJrnt1~I . Every Retail Man1uana Store shal pa' an oat the time of each aooncatiOn fot U~'?. apolicatianJar aJiqense !JJd: reowq re cost of administering thjs,Y,;ense The mit1§! renewa l. This tee is i mpose to ~ft, d term ined by the Cily Council and set by application f;e,_and renewa l fee=a 7. 0 ad on§Jbousand gg!I@[§ ,s1.ooo.om. Resglytfon, but io no event shall either ee exoe --- 5;3E-13; Hours of Operation, . . the sale of marijuana or madjuana products A Retail M@[ijuana S!g~~ mav @~9[b"o p.m. daily: provided. however. that t~e CHy betwgn :lba.llOUr.LQla~~ d but not further limit such hours of operatm cqyncn may at Hs dfscret100 Le □ , s ~ ion Revocation -Fines, 5:3E-14; Q;scip!inary Actions:uspeos~ . . . .bed by the State Licensing Autbooty Uw ~ In addition to any o.ther. sa □ct10ns prescq . its own motion or on comp laint atter Local _Ll9']sJ09 Authonty ~as f the P:UV:1~ :Sdoq atwbicb.Jbtlicen~_s!Jaltlle. jnvest1galian and 9PPfto: :!:; to suspend o~ ~ke a Li~□M !B§__uedby the afforded ao ~pportuny iolation by the Licensee oc by any of the aqentLO,[ Loca l ucens109 Aul hodty for a Y . . s of this Title or any other terms, ~mployees of the U:fflsee of t~e prov1~1~8ed by the State or Local Ucepsinq condilions, or provis1:o~s of tpe l icense_ iss the o.w.er..tq__miJlister ga,lbs aru;I ootbority. The Local Licenstng Authonty b,:S ~s a· nd the production of papers, ;----t · . the presence CL perso ·-----:-issue subg,q_enas Al requu:ce to the det~matioo of a Heanm1: b..Q..Qks, and records necess.ary · . . . id .. diea..of suspens ion reyocatioo1 ~oe: ~ The loc al ~nsmq Authortty shal l 0~ ~!°ce of the Hearing pursuaot _t~ or other saq911on, as well ~s th~ _requ1 the ucensee at the address cootamed '° the Title by mailmg the same m wriIDJg to -- 7 pension s d 8 portion <L !J!;!!nee, A sus ded or revoke • • lieu -i• suspen • ue a fine ID License • tt,e Lig>ngG, . • . ole dlscrelion, ISS r lo umpgse a , rel\UIJw:t Jo • A lhori(vJJJ3Y, ID tts ~olen)liniD<l$"the ke findQl!lli 1bit oq,I Ucensmg u pensJ011. When sing AulboCil;l ma 1,. I!!; b. addillon to, a sus , the L~al Ucen • rmiHill!l lllll ~ · (6) ffiO!]llJ§-1f i · ad lhan six halt not be !oncer pen -d +her:efore § --. · ~ hall not be for ~ ~, the tees paL ! °'.<!f d7;eu gf Ii ausoens,gp . . kl not be impaice d P'/ 0 'l;"nd tblll the fi ne d orals wou -IJSUspeQSl!I !Iii' nu, public wei=:~;.Z.,. tbe oe'!"~!l!: disciplinary Pl!!PClll I!. U<;fcnsee to ~ l!)liU ai:h1eve th mannectbal --f!IJ&fine "___ jj ~Ucl) a _ - payment CL. . nsee areke)Ln = d had !! ds oUbe l u:e Id nave suflere nable h Ibe bcmk$Wid "':1th§; l,lcensee '::!!!mined lllilh reg, ~ the loss gf sales 010 effect can be ayspell§km agoe 1 ~ . eni:lw:1 or revoked, llQ[ !!!iQ!!!!l,lr!; ag . her License l!!,!BQ linq!he two /21 has nol );,lid bis gr meat Qf a fine, du r Complaint lhal The Wcenseesicn stayed by P~ ate of tt,e Motion o !!. had any sus~er !I preced ing the d nd the Llq,pse, ~JS immw:tia 11 1 decisjl)n IQ suspe llllaJS /$500.00l resulted in a fi na ess jhan five hund':: ioll:!!dionsof a tad shall be: /al nQI~ (15,000,00l , IJJr h:'Hh, afe!y or wellam If,e:fim, apceo e l!!Ql!!lllnd doll~ d the publtc he Y kiaes , ~ nor more. tha~atlV do " .. gt ditj,dl¥. '"?t~clto fajlureto d1sipoo!ar nature ,~IDIOQ( -aal!.lra .,,_ -gg, ,1m1 ~ -• o1 a m __ than one mlogr hall incl!l!,le but are Tons o! nremmes ~ and /bl oQI les& wh ich "qozeg mmor o::~:icking WW:~~=irty lbousaad ~::wlll,lbl!!; ~~= wro:i.!ffl goo, om "%.';'"'.:, i~dlate :ga"ef o~a11on of c .R.s , thousand d --· lelions thal G but nol lumtted • -oo-~, for YIQ . 1 diioo IS3P,OOO,~ -c Yllllfare, IDC.!!....L_, . ~aw,, safely, 0 ljll), . orm gt a certified §12-43A-901 (4 ~ of cash AC ,n ~funo Aulbon!X, -11 be in lhe "'~ · the Local --~ fine sha -. ~. ~ -ayaible to ~ Pavroent of l t's child! mad.e P ·::':: .., --,ue___ . llhecQ,_ ch~:.,'"is llll!IOP!U, . harity shall enl& ~ to a Local whlCh h 1acal UcenS1ng ,A~on, If theJine Is the moneysJg I.! on 1181'IP8DI of_ the cin:p~sillon gf l!Jd ":."iulhorily sh_~I cause n P ,. ta"'OQ-· b!1m{ · Aulh011 y. "" rmanan t,v iL -t the aovemmg I ucens1DQ --i:llorl P"'--. A !!l!!!!lY, --r the loca --. · tbi1 ::iL_ LiceO!IQ/1 -\.oeneral h.md IL findings required .m dali finally be paid mto L . dQee nQI ma!'e b -d on the operaiJYe . I ucensfng Authorn\100 shall go m\o effe lllb§. Loca mer the §Usoen .. I;;. nd doe• oQI o_. sing Authority. to Impose fines, ·reg ::..i by the Local l,icen . ecort al l adionsJak~riJY in a manner requ1 ~, Authonty shat! ID -Ucem ,og, Autb bl ·oca, u censn19 trinns to the State E... fae_ --:--nd revoca~·? ~ suspensions ~ ensrog Authomv. by the Srate L1c 8 5-3E-15: Inspection of Books and Records-Inspection Procedures. a. Each Licensee shall keep a complete set of an records necessary to show fully the business transactions of the Licensee, an of which shall be open at an times during business hours for the inspection and examination by the Local Licensing Authority or its duly authorized representatives, The Local Licensing Authority may require any Licensee to furnish such information as it considers necessary for the proper administration of this Title and my require an audit to be made of the books of account and records on such occasions as it may consider necessary by an auditor to be selected by the Local Licensing Authority who shall likewise have access to an books and records of the Licensee, and the expense thereof shall be paid by the Licensee a The Licensed Premises including any places of storage where Retail Marijuana is stored, sold or dispensed shall be subiect to inspection by the Local Licensing Authorities and their investigators. during all business hours and other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by the Licensees. access shall be required during business hours. Where any part of the Licensed Premises consists of a locked area. upon demand to the Licensee. such area shall be made available for inspection without delay. and. upon request by authorized representatives of the State or Local Licensing Authority. the Licensee shall open the area for inspection. C.. Each Licensee shall retain an books and records necessary to show fully the business transactions of the Licensee for a period of the current tax year and the three <3) immediately prior tax years. Section 2. The City Council of the City of Englewood hereby approves amending Title 2, Chapter 6, of the Englewood Municipal Code 2000, entitled Local Liquor and Medical Marijuana Licensing Authority, which shall read as follows: 2-6: Local Liquor1 amt-Medical Marijuana, and Retail Marijuana Licensing Authority. 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 46, 47 and 48 of Title 12, C.R.S . 1973. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the local Licensing Authority. 9 B. There is hereby established a Local Licensing 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 43.3 and 43.4 of Title 12 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marij uana-Infused Products Manufacturer License . 4.. 8 RetaiLMarjjy ana store Lice nse, Section 3, The City council of the City of Englewood hereby approves the amep ding Title z, Chapter so, Secti on 12 Subsecti on 2, lB) and <C ) <1 l (§!) off the, Englewood Municipal Code 2000 entitled Recreational Marijuana. which shall read as follows: 7-6D-12-2: -Recreational Marijuana. A Purpose and Intent. The purpose of this subsection is to prohibit certain business uses related to Recreational Marijuana in the City. The City Co uncil makes the following findings regarding its intent: 1. Pursuant to the provisions of Article XX, Section 6, of the Colorado Constitution, and as further authorized by State Statutes , including , but not limited to C.R.S. § 31-15-401 , the City has broad authority to exercise its police powers to promote and protect the health, safety, and welfare of the community and its residents. These police powers include the power to regulate the nature and type of businesses allowed within such community. 2. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality to "enact ordinances or regulations ... governing the time, place , manner and number of recreational marijuana establishment operations." 3. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality to prohibit the operation of recreational marijuana establishments : recreational marijuana cultivation facilities, recreational marijuana product manufacturing facilities , recreational marijuana testing facilities and recreational retail marijuana stores . B. Definitions. Recreational Marihuana or Marijuana : Shall mean all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative , mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate . "Marijuana" or "Marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil , or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with 10 marihuana to prepare topical or oral administrations, food, drink or other product. Recreational Marijuana does not include Medical Marijuana as defined in Article XVIII, Section 14, of the Colorado Constitution, under the Colorado Medical Marijuana Code, 12-43.3-101 et seq. C.R.S., and Title 5, Section 3D, of the Englewood Municipal Code; and Recreational Marijuana Cultivation Facility: Shall mean and include any real property used for or upon which there is any type of structure or any such facility that includes or is associated with cultivating, preparing, or packaging Recreational Marijuana. Recreational Marijuana Establishment: Shall mean and include a Recreational Marijuana Cultivation Facility, a Recreational Marijuana Testing Facility, or a Recreational Marijuana Product Manufacturing Facility. or a Recreational Retail Marijuana Store. Recreational Marijuana Product Manufacturing Facility: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with manufacturing, preparing, or packaging Recreational Marijuana. Recreational Marijuana Testing Facility: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with analyzing and certifying the safety and potency of medical Recreational Marijuana. Recreational Marijuana Products: Shall mean concentrated Recreational Marijuana products that are comprised of Recreational Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Recreational Retail Marijuana Store: Shall mean and include any real property used for or upon which there is any type of structure, or any such facility that includes or is associated with the sale of Recreational Marijuana to consumers. C. Prohibition : 1. Recreational Marijuana Establishments are prohibited. a. This prohibition shall not apply to Medical Marijuana Centers , Medical Marijuana Primary Care-Givers, Medical Marijuana Infused Product Manufacturers, Medical Marijuana Optional Premises Cultivation Operations that are licensed in accordance with Article XVIII, Section 14, of the Colorado Constitution, the Colorado Medical Marijuana Code, and Title 5-3D EMC, or Retail Marijuana Stores. Section ~ 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. 1 1 Section 5.. 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 it application to other persons or circumstances. Section 6.. 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. Section L 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. Section~ Penalty. The Penalty Provision of Section 1--4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 21st day of February, 2017. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23rd day of February, 2017 .. Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of February, 2017 for thirty (30) days. Read by Title and passed on final reading on the 6th day of March, 2017 . Published by Title in the City's official newspaper as Ordinance No. 8, Series 2017, on the 9th day of March, 2017. Published by Title on the City's official website beginning on the 8th day of March, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after.publication following final passage. 12 I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Or · ance assed on final reading and published by Title as Ordinance No. 8, Series of O 7. 13