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HomeMy WebLinkAbout2018 Ordinance No. 036ORDINANCE NO. 36 SERIES OF 2018 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE AMENDING TITLE 5, CHAPTER 3E, SECTIONS ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO REMOVE STATUTORY CITATIONS TO SUPERSEDED STATUTES AND INSERT STATUTORY CITATIONS TO CURRENT STATUTES. WHEREAS, The Colorado State Legislature passed House Bill 18-1023 concerning the nonsubstantive relocation of laws related to the legalization of marijuana from Title 12, Colorado Revised Statutes, to a new Title 44, as part of the organizational recodification of Title 12; and WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes within its Title 5, Chapter 3, Article E, regarding recreational marijuana. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 5, Chapter 3D shall be amended as follows: 5-3D-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority 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 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. i3. 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. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article ~ 11 of Title -l-;!. 44 C.R.S. when issuing a License. D. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority hereby adopts 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~ 11 of Title+± 44 C.R.S. and this Code as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued; 1 (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 A venue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises. (a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License. (a) Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14 (l)(f) of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § -1-±- 43.3 101 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. 2 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~ 11 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. 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 Medical Marijuana Licensing Authority. Local Licensing Official: means the Director of Finance and Administrative Services or designee. 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 Marijuana 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 3 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 Marij'uana-lnfused Product Manufacturer: A person licensed pursuant to Article ~ 11 of Title ~-44C.R.S. to operate a business as described in Article ~ 11 of Title -h! 44 C.R.S. Medical Marij'uana 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 -h! 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. 5-3D-9: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in ~ 43.4 307 44-12-307 C.R.S. 5-3D-10: Restrictions for Applications for New Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title. 1. If the application for a State or Local License concerns a particular location that is the same as or within one thousand feet (1,000') of a location for which, within the two (2) years immediately preceding the date of the application, the State or a Local Licensing 4 Authority denied an application for the same class of license due to the nature of the use or other concern related to the location; 2. Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 3. For a location in an area where the cultivation, manufacture, and sale of Medical Marijuana as contemplated is not permitted under the applicable zoning laws. 4. 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 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. In addition to the requirements of Section 12 43.3 303(2) 44-11-303(2) C.R.S., the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Medical Marijuana is to be sold is located within any distance restrictions established by or pursuant to this Paragraph 4. c. 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, using a route of direct pedestrian access. 5-3D-11: Transfer of Ownership. A. A State or Local License granted under the provisions of this Title shall not be transferable except as provided in this Section, but this Section shall not prevent a change of location as provided in Section 12 43.3 310(13) 44-11-310(13} C.R.S. B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a Transfer of Ownership, the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. The Local Licensing Authority may hold a hearing on the Application for the Transfer of Ownership. The Local Licensing Authority shall not hold a hearing until the Local Licensing Authority has posted a notice of hearing in the manner described in Section 12 43.3 302(2) 44-11-302(2} C.R.S. on the Licensed Medical Marijuana Center premises for a period of ten (10) days and has provided notice of the hearing to the applicant at least ten (10) days prior to the hearing. Any transfer of ownership hearing by the Local Licensing Authority shall be held in compliance with the requirements specified in Section 12 43.3 302 44-11-302 C.R.S. 5 5-3D-12: Licensing in General. The Local Licensing Authority adopts the provisions and restrictions set forth in 12 43.3 310 44-11-310 C.R.S. and Title 5 Chapter 1 EMC. 5-3D-13: Licensing Renewal. A. Ninety (90) days prior to the expiration date of an existing License, the State Licensing Authority shall notify the Licensee of the expiration date by First Class Mail at the Licensee's address of record with the State Licensing Authority. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five ( 45) days and to the State Licensing Authority not less than thirty (30) days prior to the date of expiration. A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in Subsection B of this Section. The State Licensing Authority may extend the expiration date of the License and accept a Late Application for Renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The State or the Local Licensing Authority, in its discretion, subject to the requirements of this Title and based upon reasonable grounds, may waive the forty-five (45) day or thirty (30) day time requirement set forth in this Title. The Local Licensing Authority may hold a hearing on the application for renewal only if the Licensee has had complaints filed against it; and has a history of violations; or there are allegations against the Licensee that would constitute good cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this Title for a Medical Marijuana Center until it has posted a notice on the Licensed Medical Marijuana Center premises in the manner described in Section 12 43.3 302(2) 44-11-302(2) C.R.S. for a period often (10) days and provided notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause, subject to Judicial Review. B. 1. Notwithstanding the provisions of Subsection A of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a Late Renewal Application upon the payment of a Nonrefundable Late Application Fee of Five Hundred Dollars ($500.00) to the Local Licensing Authority. A Licensee who files a Late Renewal Application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application unless the State or Local License Authority summarily suspends the License pursuant to Article 4 of Title 24, C.R.S., this Title, and rules promulgated pursuant to this Title. 2. The State and Local Licensing Authorities may not accept a Late Renewal Application more than ninety (90) days after the expiration of a Licensee's Permanent Annual License. A Licensee whose Permanent Annual License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Medical Marijuana until all required Licenses have been obtained. 3. Notwithstanding the amount specified for the Late Application Fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. 6 5-3D-17: Disciplinary Actions: Suspension-Revocation-Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority or the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a Public Hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the respective authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the License issued by the State or Local Ljcensing Authority. The State Licensing Authority or a Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The State or Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required Notice of the Hearing pursuant to this Title, by mailing the same in writing to the Licensee at the address contained in the License. Except in the case of a Summary Suspension, a suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a part of the fees paid therefore shall not be returned to the Licensee. Any License or Permit may be summarily suspended by the issuing Licensing Authority without Notice pending any prosecution, investigation, or Public Hearing pursuant to the terms of Section 24-4-104(4), C.R.S. or this Title. Nothing in this Section shall prevent the Summary Suspension of a License pursuant to Section 24-4-104(4), C.R.S. Each patient registered with a Medical Marijuana Center that has had its License Summarily Suspended may immediately transfer his or her Primary Center to another Licensed Medical Marijuana Center. C. 1. Whenever a decision of the State Licensing Authority or the Local Licensing Authority suspending a License for fourteen (14) days or less becomes final, the Licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the License suspended for all or part of the suspension period. Upon the receipt of the petition, the State or Local Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the State or Local Licensing Authority is satisfied that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the Motion or Complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00). 1 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the State or Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the State or Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the General Fund of the Local Licensing Authority. Fines paid to the State Licensing Authority shall be transmitted to the State Treasurer who shall credit the same to the Medical Marijuana License Cash Fund created in Section 12 43.3 501 44-11-501C.R.S. E. In connection with a petition, the Authority of the State or Local Licensing Authority is limited to the granting of such stays as are necessary for the Authority to complete its investigation and make its findings and if the Authority makes such findings, to the granting of an Order permanently staying the imposition of the entire suspension or the portion of the suspension not otherwise conditionally stayed. F. If the State or Local Licensing Authority does not make the findings required in this Section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the State or Local Licensing Authority. G. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. No later than January 15 of each year, the State Licensing Authority shall compile a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by Local Licensing Authorities and by the State Licensing Authority. The State Licensing Authority shall file one copy of the report with the Chief Clerk of the House of Representatives, one copy with the Secretary of the Senate; and six copies in the Joint Legislative Library. Section 2. Title 5, Chapter 3E shall be amended as follows: 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 people of the City. B. The City further declares that it is unlawful to cultivate, manufacture, distribute, or sell Retail Recreational_Marijuana, except in compliance with the terms, conditions, limitations, and restrictions set forth in this Chapter and Section 16 of Article XVIII of the State Constitution and Article 43-.412 of Title-1-2-.4.4, C.R.S., the Colorado Retail Marijuana Code. 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority 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 the Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and in accordance with the procedures established pursuant to this Chapter and in Title 5. 2 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 hereby adopts the minimum licensing requirements of Article 4-JA-12 of Title rn-4. C.R.S., to apply to 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 I, 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. 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. §12 43.4 -W-1-44-12-101, et seq.; Article XVIII, Section 14(l)(b-j) of the Colorado Constitution; or the Colorado Medical Marijuana Code, C.R.S. §12 43.3.10114-11-101, et seq. Colorado Medical Marijuana Code: Article ~11 of Title rn,4 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code: Article 4-JA-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 ofrefusing 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 4JA-12 of Title -1-,2;44 C.R.S., and rules promulgated pursuant to the CRMC, 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 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. 3 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 Director of Finance and Administrative Services or designee. 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 ofregulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in the State, pursuant to Articles--4-H-l-l-and 4J.4 12 of Title 1244 C.R.S. 5-3E-4: Applications -Licenses. A. Eligibility for License. A Medical Marijuana Center who is duly licensed under Chapter 3D of the Code and the Colorado Medical Marijuana Code as of June 1, 2016 shall be permitted to convert to a Retail Marijuana Store or co-locate a Retail Marijuana Store with its Medical Marijuana Center by complying with the requirements of Title 5, Chapter 3D of the Englewood Municipal Code for a renewal of a marijuana license and by submitting an application as provided in Subsection 5-3E-4(C). B. An applicant for a Retail Marijuana Store License.under this Section 5-3E-4 may either: 1) surrender its existing Medical Marijuana 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 44-11-104 of the Colorado Retail Marijuana Code. 4 C. Application Forms. An application for a License shall be filed with the Local Licensing Authority on forms provided by the State and Local Licensing Authority. The application shall contain such information as the State and Local Licensing Authority may require. Each application shall be verified by the oath or affirmation 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 43.4 30114-12-301 of the Colorado Retail Marijuana Code, the Local Licensing Authority shall determine whether the applicant qualifies for a License under this Chapter 5-3E. The Local Licensing Authority shall notify the State and the Applicant in writing of its determination as to whether the applicant qualifies for a License as a Retail Marijuana Store no later than forty-five ( 45) days from the date the application 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. B. 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 provide written notice of the grounds for denial of the Local License to the applicant. C. If an application is denied, the Licensing Authority shall set forth in writing the grounds for denial. 5-3E-6: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in +2- 43 .4 306 44-12-305 of the Colorado Retail Marijuana Code. 5-3E-7: Restrictions for Applications for Retail Marijuana Store Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title: 1. Until it is established that the applicant.is, or will be entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 2. Where the location is an area where the sale of Retail Marijuana as contemplated is not permitted under the applicable zoning laws: a. If the building in which Retail Marijuana is to be sold is located within: (i) two thousand (2,000) feet of a school, an alcohol or drug treatment facility, or a licensed child care facility, (ii) within two thousand five hundred (2,500) feet of a licensed 5 Retail Marijuana Store or Medical Marijuana Business existing at the time of application; or (iii) within one hundred (100) feet of any residential dwelling unit in the City. The provisions of this Section shall not apply to a Retail Marijuana converted from or co-located with a Medical Marijuana Center under common ownership as permitted under Section 5-3E-4, or to any facility that has been previously licensed as a Medical Marijuana Business under the Code. The provisions of this Section shall not affect the renewal or re-issuance of a License once granted or apply t(? Licensed Premises located or to be located on land owned by a municipality; nor shall the provisions of this 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. In addition to the requirements of C.R.S. §12 43.4 301 44-12-301, the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Retail Marijuana is to be sold is located within any distance restrictions established by, or pursuant to, this paragraph 2. c. 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, licensed childcare facility, residential dwelling unit, or existing Retail Marijuana Store or Medical Marijuana Business to the nearest portion of the Retail Marijuana Store, using a route of direct pedestrian access. d. The City Council may at its discretion decrease, but not increase, the distances referred to in Subsection 5-3E-7(A)(2)(a). 5-3E-8: Transfer of Ownership. A. A state or Local License granted under the provisions of this Title shall not be transferable except as provided in this Section, but this Section shall not prevent a change of location as provided in C.R.S. §12 43.4 309 44-12-309. B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a transfer of ownership, the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. 5-3E-9: Review and Approval of License. The Local Licensing Authority adopts the provisions and restrictions set forth in C.R.S. §-1-2- 43 .4 309 44-12-309 and Title 5, Chapter 1 of the Englewood Municipal Code. 5-3E-10: Licensing Renewal. A. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days prior to the date of expiration. A Local Licensing 6 Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in Subsection (B) of this Section. The State Licensing Authority may extend the expiration date of the License and accept a late application for renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The Local Licensing Authority, in its discretion, subject to the requirements of this Title and based upon reasonable grounds, may waive the forty-five (45) day time requirement set forth in this Title. The Local Licensing Authority may hold a hearing on the application for renewal only if: the Licensee has had written, verifiable complaints filed against it by the State or Local Licensing Authority: and has a history of violations as evidenced by a written determination by the State or Local Licensing Authority; or there are formal allegations against the Licensee that would constitute good cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this Title for a Retail Marijuana Store until it has posted a notice on the Licensed Retail Marijuana Store premises in the manner described in C.R.S. §12 43.4 302 44-12-302 for a period not less than ten (10) days and provide notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause only after a hearing, subject to judicial review. B. 1. Notwithstanding the provisions of subsection (A) of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars ($500.00) to the Local Licensing Authority. A Licensee who files a late renewal application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application. 2. The Local Licensing Authority will not accept a Late Renewal Application more than ninety (90) days after the expiration of a License. If a former Licensee files a renewal application after ninety (90) days from date of expiration, the application will be treated as a new license application. A former Licensee whose License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Retail Marijuana until all required Licenses have been obtained. 3. Notwithstanding the amount specified for the late application fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. 5-3E-14: Disciplinary Actions: Suspension-Revocation-Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the Local Licensing Authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the license issued by the State or Local Licensing Authority. The Local Licensing Authority has the power to administer oaths and 7 issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to this Title, by mailing the same in writing to the Licensee at the address contained in the License. A suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a portion of the fees paid therefore shall not be returned to the Licensee. C. 1. The Local Licensing Authority may, in its sole discretion, issue a fine in lieu of, or in addition to, a suspension. When determining whether to impose a fine in lieu of a suspension, the Local Licensing Authority make findings that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had a suspension gone into effect can be determined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be: (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less than one thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare, including, but not limited to, a violation of C.R.S. § 12 43.4 901 (4)(e) 44-12-901(4)(e). 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the general fund of the local Licensing Authority. E. If the Local Licensing Authority does not make the findings required in this Section and does not order the suspension shall go into effect on the operative date finally set by the Local Licensing Authority. F. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. 8 5-3E-15: Inspection of Books and Records-Inspection Procedures. A. Each Licensee shall keep a complete set of all records necessary to show fully the business transactions of the Licensee, all of which shall be open at all 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 may 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 all books and records of the Licensee, and the expense thereof shall be paid by the Licensee. B. The Licensed Premises, including any places of storage where Retail Marijuana is stored, sold or dispensed shall be subject 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 all 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 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions ofE.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, "General Penalty" provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a 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 19 th day of November, 2018. 9 Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22 nd day of November, 2018. Published as a Bill for an Ordinance on the City's official website beginning on the 21 st day of November, 2018 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of December, 2018. Published by Title in the City's official newspaper as Ordinance No. 36, Series of 2018, on the 6th day ofDecember, 2018. Published by title on the City's official website beginning on the 5th day of December, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. ~~ Linda Olson, Mayor ATTEST: 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. 36, Series of 2018.