HomeMy WebLinkAbout2015 Ordinance No. 018BY AUTHORITY
ORDINANCE NO. If
SERIES OF 2015
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3D, SECTION 2, OF THE
ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, in November of 2000, voters of the State of Colorado passed Amendment 20 to
the State Constitution legalizing limited amounts of medical marijuana; and
WHEREAS, the City has three medical marijuana establishments licensed in the City and one
pending State approval; and
WHEREAS, based on citizens opposition to previous license applications, any additional medical
marijuana-related businesses will be adamantly opposed; and
WHEREAS, the three licensed and one pending medical marijuana establishments should be
adequate to meet the needs of patients in Englewood while retail/recreational customers can easily
access businesses just north of the City border; and
WHEREAS, after April 20, 2015 Medical Marijuana Licensed Premises will be limited to the
following locations:
• 4695 South Windermere Street, Units A & B
• 4332 South Broadway
• 11 West Hampden A venue, Suite 102
• 5005 South Federal Boulevard
WHEREAS, the locations noted above may continue to operate as Medical Marijuana Licensed
Premises by the current license holder and may be sold or transferred to a new owner in the future
but the new owner must apply for and be granted a license by the Liquor and Medical Marijuana
Licensing Authority as well as the State of Colorado.
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 amends Title 5,
Chapter 3D, Section 2, of the Englewood Municipal Code 2000, to read as follows:
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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.
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 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 43.3 of Title 12 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 43.3 of Title 12 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;
(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.
~ 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
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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.
Section 2. 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 3. 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 4. 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 5. 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 liabili1ly, 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 6. 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 20th day of April, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23rd day of
April, 2015.
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Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
April, 2015 for thirty (30) days.
Read by title and passed on final reading on the 4th day of May, 2015.
Published by title in the City's official newspaper as Ordinance No./%_, Series of 2015, on
the 7th day of May, 2015.
Published by title on the City's official website beginning on the 6th day of
May, 2015 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 ~~e copy of the Ordinance passed on final reading and published by
title as Ordinance No. £6..., Series of 2015.
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