Loading...
HomeMy WebLinkAbout2016 Ordinance No. 023BY AUTHORITY ORDINANCE NO» SERIES OF COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER GJLLIT AN ORDINANCE AMENDING TITLE 7, CHAPTER 6D, SECTION 12, SUBSECTION 2, PARAGRAPH B-DEFINITIONS AND PARAGRAPH C -PROHIBITIONS, BY THE ADDITION OF A NEW SUBPARAGRAPH 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PROHIBITING MARIJUANA CONSUMPTION CLUBS. WHEREAS, the City of Englewood ("City") is a home-rule municipality organized and existing under the provisions of Colorado Constitution Article XX; and WHEREAS, pursuant to the Constitution. and as further authorized by State statutes, including, but not limited to C.R.S. Section 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; and WHEREAS, such police powers include the power to regulate the nature and type of businesses • allowed within such community; and WHEREAS, the use, display, purchase, transport, and transfer of one ounce or less of Recreational Marijuana by a person 21 years of age or older was codified in Section 16 of Article 18 of the Colorado Constitution, and in 12-43.4-103 et. Seq. of the Colorado Revised Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the amending Title 7, Chapter 6D, Section 12, Subsection 2, Paragraph B, entitled Definitions, of the Englewood Municipal Code 2000, by the addition of the following definition in alphabetical order to read as follows: 7-60-12-2: Recreational Marijuana. B. Definitions . Man·;uana Consumption Establishment; Shan mean an organization business, club, or commercjaJ operation that allows its members or guests to hum, smoke. inhale the vapors of. or otherwise consume Marijuana in any form on the premises of the business, Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the amending Title 7, Chapter 6D, Section 12, Subsection 2, Paragraph C. Prohibition, by the 1 addition of a new Subparagraph 2 of the Englewood Municipal Code 2000, entitled to read as follows: 7-6D-12-2: Recreational Marijuana. 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. ~-Marijuana Consumption Establishments as defined in 7-6D-I 2-2ffi) are prohibited. Section 3. 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. Section 4. 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 5. 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 6. 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 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. 2 • Section 8. Federal and state laws are binding upon home rule municipalities. However, neither this Article nor its adoption, implementation, or enforcement shall be construed as an intent of the City, its elected officials, its employees or contractors or Authority members to violate federal law, including but not limited to, the Controlled Substances Act of 1970, as amended, nor shall such adoption, implementation or enforcement be construed as acquiescence or conspiracy by the City, its elected officials, appointed Authority members, contractors, or its employees to violate such federal and state law. Introduced, read in full, and passed on first reading on the 61h day of June, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of June, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of June, 2016 for thirty (30) days. Read by title and passed on final reading on the 20th day of June, 2016. Published by title in the City's official newspaper as Ordinance No&,, Series of 2016, on the 23rd day of June, 2016. Published by title on the City's official website beginning on the 22nd day of June, 2016 for thirty (30) days . This Ordinance shall take effect thirty (30) days after publication following final passage. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is,..a;rue copy of the Ordinance passed on final reading and published by title as Ordinance No&_, Series of 2016. 3 • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: June 20, 2016 9bi Bill for an Ordinance Banning Marijuana Consumption Clubs-2nd Reading Initiated By: Staff Source: City Council Dugan Comer, Acting City Attorney PREVIOUS COUNCIL ACTION At the April 11, 2016 Study Session, City Council discussed and agreed to ban Marijuana Consumption Clubs in the City of Englewood. RECOMMENDED ACTION Staff recommends City Council approve a bill for an ordinance, on second reading, making changes to the Englewood Municipal Code banning Marijuana Consumption Clubs. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In April 2015 a Marijuana Consumption Club opened in the City of Englewood . These Clubs have opened in other Municipalities with the results being that they have been closed, are in the process of being closed, or are allowed with a Sunset/Amortization Provision. City Council at the April 2016 Study Session did discuss allowing such establishments but the consensus was to not allow these businesses with the City. FINANCIAL IMPACT This action will not have a financial impact. LIST OF ATTACHMENTS Bill for an Ordinance