HomeMy WebLinkAbout2015 Ordinance No. 054BY AUTHORITY
ORDINANCE NO. 6/-
SERIES OF 2015
COUNCIL BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE EXTENDING THE EMERGENCY MORATORIUM ON THE
ESTABLISHMENT OF NEW MARJJUANA CONSUMPTION ESTABLISHMENTS FOR AN
ADDmONAL SIX MONTH PERIOD.
WHEREAS, the City Council of the City of Englewood, Colorado established a moratorium
on the establishment of new Marijuana Consumption Establishments by the passage of
Ordinance No. 28, Series of2015; and
WHEREAS, the original Moratorium was to run for six (6) months, terminating on January
21, 2016; and
WHEREAS, the Moratorium was intended to provide time for staff to work with the
Englewood Liquor and Medical Marijuana Authority, and the Englewood Planning and Zoning
Commission to establish licensing and zoning regulations; and
-WHEREAS, an Ad Hoc Committee was formed to discuss the issues of regulating and
licensing Marijuana Consumption Establishments with the goal of recommendations being
presented to the Englewood Liquor and Medical Marijuana Authority and the Englewood
Planning and Zoning Commission; and
WHEREAS, on October 22, 2015 the Englewood Liquor and Medical Marijuana Authority
indicated that it desired to be the licensing agency for Marijuana Consumption Establishments in
the City of Englewood; and
WHEREAS, the issue of zoning of Marijuana Consumption Establishments will be going
before the Englewood Planning and Zoning Commission in December; and
WHEREAS, the issue of regulating and licensing of Marijuana Consumption Establishments
went before the Englewood City Council at a Study Session on November 2, 2015; and
WHEREAS, the City Council referred the matter back to the Englewood Liquor and Medical
Marijuana Authority to further address and make recommendations concerning:
• Whether a six ( 6) month inspection by the Fire Marshal should be required;
• Whether sale of food should be allowed;
• Whether security measures similar to retail marijuana should be adopted;
• Whether sharing of marijuana should be prohibited;
• Whether premise/plan should be inspected in same manner as liquor;
• Whether visible products should be prohibited;
• How should employees be protected from smoke and fumes;
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• Whether hours of operation should be limited;
• Whether distancing from schools, parks and places where children congregate is
appropriate;
• Whether requiring zoning to be located near public transportation is appropriate;
• Whether outdoor patios should be prohibited; and
WHEREAS, the Fire Marshal shall forward recommended changes to Englewood's Fire Code
to the Denver Fire Chief for approval; and
WHEREAS, an additional six month moratorium is needed to provide time for the drafting,
review, and public hearing on the proposed ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT THERE SHALL BE A MORATORIUM ON THE
ESTABLISHMENT OF NEW MARIJUANA CONSUMPTION ESTABLISHMENTS.
Section 1. The passage of this ordinance will preserve public property, health, peace and
safety.
Section 2. The moratorium declares an additional six month moratorium on any new
marijuana consumption establishments. Marijuana consumption establishments shall mean an
organization, business, club, or commercial operation that allows its members or guests to bum,
smoke, inhale the vapors of, or otherwise consume marijuana in any fonn on the premises of the
business.
Section 3. During said moratorium the City Council directs City staff to develop appropriate
recommendations to Council, consistent with the Colorado Constitution and State and local
regulations.
Section 4. The City Council finds the provisions of this Ordinance are temporary in nature
and are intended to be replaced by subsequent legislative enactment so that the moratorium or
temporary suspension as specified in this Ordinance shall terminate on July 17, 2016.
Introduced, read in full, and passed on first reading on the 16th day of November, 2015 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of
November, 2015 .
Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of
November, 2015 for thirty (30) days.
Read by title and passed on final reading on the 7th day of December, 2015.
Published by title in the City's official newspaper as Ordinance No. S!/; Series of 2015, on
the 10th day of December, 2015.
Published by title on the City's official website beginning on the 9th day of
December, 2015 for thirty (30) days.
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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 ~tJUe copy of the Ordinance passed on final reading and published by
title as Ordinance No. ~Series of 2015 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
December 7, 2015 11bi Ordinance to approve the
extension of a moratorium on
new marijuana consumption
establishments -2 nd Reading
INITIATED BY STAFF SOURCE
Community Development Department Michael Flaherty, Interim Director,
Community Development Department
PREVIOUS COUNCIL ACTION
Ordinance 28, Series of 2015, created a moratorium on the establishment of new
marijuana consumption establishments.
BACKGROUND
City staff has worked with the affected departments and the Englewood Liquor and
Marijuana Authority to evaluate information and potential impacts of marijuana
consumption establishments. The Authority has created an Ad hoc committee to study
the issue. While the committee has made progress, they have not yet formulated final
recommendations to forward to City Council. Until Council has had the opportunity to
review recommendations and establish regulations for potential future marijuana
consumption establishments, the Community Development Department, through the
Planning and Zoning Commission, cannot establish zoning regulations for the
placement of potential new marijuana consumption establishments in the community.
RECOMMENDED ACTION
The Community Development Department recommends that City Council approve, on
second reading, the extension of the moratorium by six months to allow the Ad hoc
committee of the Englewood Liquor and Marijuana Licensing Authority to complete their
review and forward recommendations to City Council , and for City Council to act on the
recommendations of the Authority.
FINANCIAL IMPACT
There is no financial impact through the extension of the moratorium.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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COUNCIL COMMUNICATION
Date Agenda Item Subject
November 16, 2015 11ai Ordinance to approve the
extension of a moratorium on
new marijuana consumption
establishments.
INITIATED BY STAFF SOURCE
Community Development Department Michael Flaherty, Interim Director,
Community Development Department
PREVIOUS COUNCIL ACTION
Ordinance 28, Series of 2015, created a moratorium on the establishment of new
marijuana consumption establishments.
BACKGROUND
City staff has worked with the affected departments and the Englewood Liquor and
Marijuana Authority to evaluate information and potential impacts of marijuana
consumption establishment. The Authority has created an Ad hoc committee to study
the issue. While the committee has made progress, they have not yet formulated final
recommendations to forward to City Council. Until Council has had the opportunity to
review recommendations of the and establish regulations for potential future marijuana
consumption establishments, the Community Development Department, through the
Planning and Zoning Commission, cannot establish zoning regulations for the
placement of potential new marijuana consumption establishment in the community.
RECOMMENDED ACTION
The Community Development Department recommends that City Council approve the
extension of the moratorium by six months to allow the Ad hoc committee of the
Englewood Liquor and Marijuana Licensing Authority to complete their review and
forward recommendations to City Council, and for City Council to act on the
recommendations of the Authority.
FINANCIAL IMPACT
There is no financial impact through the extension of the moratorium.
LIST OF ATTACHMENTS
Proposed bill for an ordinance