HomeMy WebLinkAbout2017 Ordinance No. 065ORDINANCE NO. 65
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 67
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION l, AND
TITLE 5, SECTIONS 5-3A-2, 5-3A-3, 5-3D-2, 5-3D-3, AND 5-3E-2 OF THE
ENGLEWOOD MUNICIPAL CODE 2000 ALL PERTAINING TO THE
ENGLEWOOD LOCAL LIQUOR AND MARIJUANA LICENSING
AUTHORITY.
WHEREAS, Amendment to the Colorado Constitution and subsequent legislation resulted in
the City of Englewood approving a method for licensure of Medical Marijuana under the City's
previously established local licensing authority;
WHEREAS, Approval by the electors of the City of Englewood of the licensure of Retail
Marijuana resulted in the City of Englewood approving a method for licensure of Retail
Marijuana under the City's previously established local licensing authority;
WHEREAS, Licensure of all types of Alcoholic Beverage, Medical Marijuana, and Retail
Marijuana has, over time, become vested in the City's local licensing authority;
WHEREAS, It has become necessary to establish consistency in terminology across all
sections of the Englewood Municipal Code utilizing the local licensing authority, and to
designate such authority as the Englewood Liquor and Marijuana Licensing Authority; and
WHEREAS, The complexity of application of State rules and regulations associated with
alcoholic beverage licensing and marijuana licensing necessitates changing the Local Liquor
and Marijuana Licensing Authority to a position held by a Hearing Officer.
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; MEDICAL MARIJUANA, AND RETAIL
MARIJUANA LICENSING AUTHORITY
2-6-1: Licensing Authority Established.
A. There is hereby established a Laeal Lieensing Autkority, wkieh shall ha•,ce and is 't'ested witk
the autharity ta grant ar refuse licenses for the sale at retail af malt, •f'inaus OF spirituous liquars
and fermented malt be:YeFages, as pra•f'ided by law, ta suspend or re"t•oke suek licenses for
eause in the manner pro•,rided l=,)' law. Such autharity shall ha1,•e all tke powers af the Loeal
Lieensiag Autherity as set forth in Articles 46, 47 aF1d 48 of Title 12, C.R.S. 1973.
See Title 5, Chapter 3, Article A af this Munieipal Cede for the orgaRi:z.ation, powers, fuRetions
and duties of the Leeal Lieensing Autharity.
A. Englewood Local Liquor and Marijuana Licensing Authority.
1. Eslahlishment. There is hereby established an Englewood L_oc_a_LLiguor and Marijuana
Licensing Authority ('"Local Licensing Authority" or "Authority"). which is vested with
the authority to grant or refuse pennits and licenses, to conduct investigations as are
required by Jaw. and to suspend or revoke such licenses for cause in the manner provided
by Jaw. Such Authority shall have al) the powers of the Local Licensing Authority. as set
forth in Articles 43.3, 43.4. 46, 47 and 48 of Title 12, C.R.S., and as otherwise granted to
it in this Title 5.
2. Hearing Officer. The Local Licensing Authority shall consist of a sole Hearing Officer
who shall be selected following a standard rfq process, and in confonnance 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 he removed with or without cause by a majority vote of the City
Council, The City Council shall establish compensation for the Hearing Officer. The City
Council may, in its discretion, appoint an alternate Hearing Officer who may serve when
~ppointed Hearing Officer is unavailable or has a conflict with a pendjng matte~
tenn "Hearing Officer" shall be synonymous with "Local Licensing Authority" as used
throughout this ~on
3. Oualificqtions o(Hem·ing omcer. The Hearing Officer shaB 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 seq.), Colorado Liquor Code (C.R.S.
12-47-101, et seq.}, Special Events Code (C.R.S. 12-48-101, et sea.}, Medical Marijuana
Code (C.R.S. 12-43.3-101, et seq.). Retajl Marijuana Code <C.R.S. 12-43.4-101, et seq.1
and the equivalent sections of the Englewood Municipal Code regulating the HcensingM'
liquor or marijuana establishments in the City of Englewood. Colorado. The Hearing
Officer shall not hold any other City of Englewood office. appointment or position. The
Hearing Officer shalJ 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.
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4. Rules ofprocedure: conduct ofhearings. 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 in accordance with the procedural rules.Jmd re_g_ulations 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, AH 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 City Clerk or the City Clerk's.....des.ignee.
Notification of the public of such special meetings shaH be completed in the same manner
as the regular meetings of the Authority. The pumose of meetings shall be to conduct public
hearings regarding licensure in conformance with applicable provisions of the Englewood
Municipal Code.
6. Subpoena power and violations. The Local Licensing Authority 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 shalI be served in the same manner as a subpoena issued by the municipal court
of the City, 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 compelling witnesses to
attend and testify 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. !nvesliga1ors. 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.
B. There is hereb~· established a Loeal bieensing A1:1thority to iss1:1e only the followiAg Medieal
Marijt:taAa LiceAses 1:1poA paymeAt of a fee 1md compliance ,..,,ith all Loeal LiceAsiAg
req1:1iremeAts to be detemiined b~· the Local LiceAsiAg A1:1thority as set forth ia Article 43.3 of
Title 12 C.R.S.:
1. A Medieal Marij1:taAa Center Lieease;
2. A Medieal Marijuaaa Optim~al Premises Cultii.·atioR OperaiioR bieeRse;
3. A Medical Marijuana lRfused Products MaAufaeturer bieense.
B. The Local Licensing Authority 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, 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 46, 47 and 48 of Title 12, C.R.S.
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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 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 Marijuana-Infused Products Manufacturer License;
4. A Retail Marijuana Store 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 5-3A-2 of the Englewood Municipal Code
5-3A-2: Definitions.
Certain terms and expressions used herein shall have the following meanings. All other words and
phrases used in this article shall have the meanings attached by the Colorado Statutes regulating
the sale of liquor and fermented malt beverages, or if not otherwise defined by law, are used in
their common, ordinary and accepted sense and meaning.
Applicant:
A. lf.aAn individual, that person making an application for a license under this Code;
B. If a partnershif), All partners of a partnership whieh is making application for a license
under this Code; or
C. If a COFf)OFatien, Any officer, director, manager or any stockholder therein QLI
comoration making application for a license under this Code.
Authority or Local Licensing Aulhority: The leeal lieensing authority of the City Englt_wo ocl
Local Liquor and Marijuana Licensjng Authority.
/nvesligator: The licensing investigator as set forth in Section 5 3A 3G of this article Section
2-6-1 CA}<7) of the Englewood Municipal Code.
Manager: That person or those persons who manage, direct, supervise, oversee and administer
the acts, transactions and acts of servants or the establishments governed by this Article.
Amending Title 5, Section 5-3A-3 of the Englewood Municipal Code
5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority Estaelished.
A. Estahlishme1it. Vesting of A lllhority. There is heresy established an Englewood Local Liquor
and Marijuana Licensing Authority ("Local Licensing Authority" or "Authority"), wkieh is
vested with the authority to grant or refuse perm its and licenses for the sale at retail of malt,
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vinous or spirituous liquors and fermented malt beverages, 1Q 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 46, 47 and 48 of Title 12, C.R.S. 1973.
B. Said authority shall consist of fi·,•e (5) qualified electors of the City who shall be af)f)OinteEI
by the City Council. Of those initially af)f)ointed, two (2) shall ee for a term of three (3) years,
two (2) for a term of two (2) years, and one (I) fer a one )'ear term. Thereafter, af)f)ointments
hall he for a three year tefffi. No f)erson shall ser.•e as a member of the Local Licensing
Authority ·,·rho shall ha:ve an)' interest in the Of)eration of a liquor estahlishment or iR oRe
ser.·iRg feffRenteEI malt be,·erages or •Nho has a member of his or her immediate family who
has such an iRterest.
C. AR)' R1eR1ber of the Licensing Authority may be reR1oved with or without cause by five (5)
concurriRg ,·otes of the City Council. Any ;racancy occurriRg on the Licensing .'\uthority
shall be filled for the uneKf)ired term ey the City Council.
D. The authority shall aRRl:tally elect a ehaiFR1an from its number who shall tJresiEle o•,•er all
hearings and f)roeeedings of the authority. The chaifffian may Elesignete a member of the
authority to assume his duties in his absence. A quorum shall consist of three (3) members,
and a decision of a majority of the members of the authority shell control. Any absent
member may join in a decisioR ohhe authority after he has eonsidereEI the evidence adduced
in aA)' hearings cond1:1cted d1:1ring his abseRce. All decisions arc final, sueject only to BfJf)eal
to a court of competent jurisdictioR.
E. Members of the a1:1thority shall ser.•e without compensation, hut shall be reimbursed for any
necessary el'ipenElitures incurrea iR the f)Crformance of their duties.
F. The City Clerk shall receh•e all af)f)licatioRs for licenses, ana shall issue all liceRses granted
b)1 the a1:1thority, UfJOn receipt of such license fees and taNes as are requires b)1 law ane this
Code. The City Clerk shall seF¥e as the official secretary of the authority and shall ElesigRate
a tJerson or persoRs to fJF0Yide the Recessar)' secretarial ana report ser.•ices for the authority.
The City Clerk or desigRee shall atteRd the meetiRgs of the authorit)'. All public notice shall
be made by fJUblication on the City's official website, or iR a ReWsfJaf)er designated by City
Council as the City's official newspaper and by the posting of signs, as required by the
Colorado Liquor Code, shall be made by the City Clerk.
G. Such person or persons as the City Manager shall designate shall ser.·e as im•estigators or
perfoffR in·,•estigati,•e Eluties on behalf of the Local Licensing Authority.
B. Delegation qf 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 pennits pursuant to Article 48 of Title
12, C,R.S .. provided that there are no parties filing a written objection to said
permit.
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2. Annual Colorado Lig_y_or 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 detennination that the applicant is not qualified to hold the
respective license.
4. The issuance of temporary permi.ts_J!Ursuant to and in compliance with the
ru:o.tlsLons ofC,R,S. 12-47-302. and C,R.S. 12-47-303. A temporary permit fee
shall be charged in conjunction with the issuance of each temporary pemii1.
5. Request to Change. Alter or Modify the Premises as set forth in E.M.C. 5-3A-
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6. Tasting pennits issued in accordance with C.R.S. t 2-47-3010 O} and applicable
provisions of the EnglewQQd Municipal Code.
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 q(the City Clerk. The City Clerk shall receive aJJ applications for licenses, and shall
issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are
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. AH 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. AH signs required to be posted by the Colorado
Liquor Code, shall be made by the City Clerk.
Amending Title S, Section 5-3D-2 of the Englewood Municipal Code
5-3D-2: -Powers and Duties of the Local Licensing Authority.
A. Ve.,;ting qfAlllhoritv. The Local Licensing Authority, as estahlished in E.MC. 2-6-1. shall
grant or refuse 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 penally
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
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the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the
enforcement of this Chapter.
C. Comnliance with C.R.S. 12-./3.3. The Local Licensing Authority kereby adopts shall comply
with and conform Jo the minimum licensing requirements of Article 43.3 of Title 12 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 herehy HtffJfJls shall comnly with and
conform to the following 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 43.3 of Title 12 C.R.S.
and this Code, including as fellows:
1. Distance restrictions between premises in or out of City limits for which Local Licenses
are issuedt shal) 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
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. Reasonable t=estrictions 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.
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(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 )(t) of the Colorado
Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 12-
43.3-101 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:
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 43.3 of Title 12 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.
Hearing Officer : me ans 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 marijuan a license. Hearing Officer carries the same definition as that in 2-6-I fA)(2} of the
Englewood Municipal Code.
License: means to grant a license or registration pursuant to this Title.
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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 43.3 of Title 12 C.R.S.
Licensee: means a person licensed or registered pursuant to Article 43.3 of Title 12 C.R.S.
and this Title.
Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana
Licensing Authority as established in EMC. 2-6-/.
Local Licensing Official: means the Director of Finance aRd AdffiiRistrath1e Services or
designee, official designated to issue a license followinLapproval by the Local Licensing
Authority.
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 12 C.R.S.; Article 43.3 of Title 12 C.R.S. and for a purpose authorized
by Section 14 of Article XVIII of the State Constitution.
Medical Marijuana Center: means a person licensed pursuant to Article 43.3 of Title 12
C.R.S. to operate a business as described in Article 43.3 of Title 12 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
43.3 of Title 12 C.R.S. to operate a business as described in Article 43.3 of Title 12 C.R.S .
Medical Marijuana Optional Premises Cu/Jivation 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.
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Prima,y Care-Giver: In addition to the definitions set forth in Section 14(1) (t) of Article
XVIII of the State Constitution, as used in Article 43.3 of Title 12 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 43.3 of Title 12 C.R.S.
Slale 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 43.3 of Title 12 C.R.S.
Amending Title S, 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 refuse 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
to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated
pursuant to this Chapter, the Leeal Lieeasing Autherity ffiay take aetioa with respect to a License
f)Ursuaat to this Title, aad all in accordance with the authority and procedures established pursuant
to this Chapter and in :i:it-le E.M,C. 2-6-1.
8. 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 hereby adopts shall comply with the minimum licensing
requirements of Article 43 .4 of Title 12 C.R.S. to aflply 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.
Section 3. Effective Date. This ordinance shall be published in conformance with the Englewood
City Charter and shall take effect and be in force on and after January 1, 2018. All ordinances or
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provisions of the Englewood Municipal Code modified by this ordinance shall remain in effect
until superseded on the effective date of this Ordinance on January 1, 2018.
Section 4. The following general provisions shall apply to interpretation and application of this
Ordinance:
A. Sevcrability. 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.
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. Saf cty 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 16th day of October, 2017.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 19th day of
October, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the 18 th day
of October, 2017 for thirty (30) days.
Read by Title and passed on final reading on the 6th day of November, 2017.
Published by Title in the City's official newspaper as Ordinance No. 65 , Series of 2017, on the
9th day of November, 2017.
Published by title on the City's official website beginning on the 8th day of November, 2017
for thirty (30) days.
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This Ordinance shall take effect thirty (30) days after publication following final passage.
ATTEST:
nie Carlile, Acting City Clerk
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 Ordinance passed on final reading and published by
Title as Ordinance No. 65, Series of 2017.
~~hanie Carlile
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