HomeMy WebLinkAbout2016 Resolution No. 099I,
• RESOLUTION NO. {):1
SERIESOF2016 I
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A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO A VOTE OF THE
REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED
MUNICIPAL ELECTION A PROPOSED BALLOT QUESTION AMENDING THE
ENGLEWOOD MUNICIPAL CODE RELATING TO THE REGULATION AND LICENSING
OF RETAIL MARIJUANA STORES.
WHEREAS, on August 10 th
, 2016 an initiative petition was submitted to the City Clerk's
Office; and
WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be
forwarded to the Englewood City Council after the City Clerk certifies the validity and
sufficiency of such initiative petition; and
WHEREAS, the Englewood City Clerk has certified the validity and sufficiency of the
signatures for the initiative petition; and
WHEREAS, in November 2012, Colorado voters approved Amendment 64 to the Colorado
Constitution ("Amendment 64"), codified as Section 16 of Article XVIII of the Colorado
Constitution, concerning the personal use and regulations of marijuana; and
WHEREAS , Amendment 64 generally allows persons twenty-one years of age or older to
consume or possess limited amounts of Marijuana and provides for the licensing of Marijuana
cultivation facilities, product manufacturing facilities, testing facilities and retail stores; and
WHEREAS, Amendment 64 further provides that local governments may adopt their own
regulations governing certain aspects of Marijuana-related businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. There is hereby submitted to the registered electors of the City of Englewood at the
next scheduled municipal election on November 8, 2016 a proposed amendment to the Englewood
Municipal Code of the City of Englewood, to read as follows:
Ballot Question __ _
Shall the City of Englewood Municipal Code be amended to permit for the regulation and
licensing of Retail Marijuana stores, subject to the conditions and limitations set forth in
the Initiative Petition?
___ Yes ___ No
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Section 2. Each elector voting at said election and desirous of voting shall indicate his/her
choice by depressing the appropriate counter of the voting machine or by the appropriate marking
upon paper ballots where used.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the length of
time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law.
Section 4 Only if the question is approved by the registered electors of the City of Englewood
shall the Englewood Municipal Code be amended.
Section 5. If any section, paragraph, clause, or other portion of this Resolution is for any
reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any
of the remaining portions of this Resolution.
ATTEST:
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Color do, hereby certify the
above is a true copy of Resolution No . !fl_, Series of 2016.
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COUNCIL COMMUNICATION
Date Agenda Item
• September 6 , 2016 11 cvi
Subject
Proposed resolution submitting to a vote of the registered electors of
the City of Englewood, a question permitting the regulation and
licensing of retail marijuana stores within the City limits of Englewood ,
Colorado .
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INITIATED BY
City Clerk's Office
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This initiative has been discussed at several meetings of Council.
RECOMMENDED ACTION
STAFF SOURCE
Loucrishia A. Ellis , City Clerk
Approve the proposed resolution placing this issue on the November 8, 2016 ballot. As the Initiative Petition has
been declared valid and sufficient, and the City Clerk has certified those results to City Council, the City Clerk
must certify the proposed ballot question to the Arapahoe County Clerk and Recorder.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
On June 17, 2016 , a written notice of the proposed initiative was filed with the City Clerk's Office in accordance
with Colorado Revised Statutes§ 31 -11-104 (1).
The deadline to turn in the petition was August 10, 2016 by 5 :00 p.m . and they needed at least 597 valid
signatures of City of Englewood registered electors.
On June 24, 2016 , the City Clerk certified the Initiative Petition as to form .
On August 10, 2016, the Initiative Petition was filed with the City Clerk's Office .
Englewood City Charter, Article VI§ 46 ... lf the petition is sufficient, Council shall pass the proposed ordinance
without alterations within 30 days, or shall submit same to a vote of the electors at the next general mun icipal
election .
If Council does not pass the ordinance without alterations, the proposed ballot question will be placed on the
ballot at the City's November 8, 2016 Coordinated Election .
FINANCIAL IMPACT
Since costs are based on several variables, e .g. the number of registered electors in the City of Englewood at the
time of the election, the number of entities participating in the election , the financial impact is only an estimate .
The County's estimate of our final cost is $11 ,659 .69 . The cost of this additional ballot question has been
factored in to this cost.
LIST OF ATTACHMENTS
Proposed resolution .
Written notice of the proposed initiative .
Memo to Mayor Jefferson and City Council , dated August 19, 2016 , certifying the validity and sufficiency of the
Petition .
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Notice of Proposed Ordinance
June 17, 2016
Englewood City Clerk Loucrishia Ellis
Englewood Civic Center
1000 Englewood Parkway, 3rd Floor
cityclerk@enl!iewoodgov.om
Ms. Ellis,
RECEIVED
CITY OF ENGLEWOOD, CO
JUN 17 2016 ¢,
OFFICE OF
THE CITY CLERK
Below you will find the full text of a proposed ordinance to be submitted at the regular statewide
general election on November 8, 2016. The following two persons shall represent the proponents
in all matters affecting the petition and should receive by mail all notices or information
concerning the petition.
Timothy Brown
3531 S Logan St. Ste D210
Tim@responsibleenglewood.org
720-955-7623
Bruce Carter
3531 S Logan St. Ste D241
Bruce@responsibleenglewood.org
720-955-7623
Thank you,
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Timothy Brown
Full Text of Measure:
Be it enc1cted by the City of Englewood:
Ordinance Concerning the Regulation of
Retail Marijuana Stores in the City of Englewood
WHEREAS, in November 2012, Colorado voters approved Amendment 64 to the
Colorado Constitution ("Amendment 64"), codified as Section 16 of Article XVIII of the
Colorado Constitution, concerning the personal use and regulation of marijuana; and
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WHEREAS, Amendment 64 generally allows persons twenty-one years of age or older to
consume or possess limited amounts of marijuana and provides for the licensing of marijuana
cultivation facilities, product manufacturing facilities, testing facilities and retail stores; and
WHEREAS, Amendment 64 further provides that local governments may adopt their
own regulations governing certain aspects of marijuana-related businesses; and
WHEREAS, the City of Englewood would benefit from the presence of Retail Marijuana
Stores so that adults can safely purchase Retail Marijuana and the City can generate additional
tax revenue.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO OR THE REGISTERED ELECTORS OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. Chapter 7-6D-12-2 of Title 7 of the Englewood Municipal Code is hereby
repealed in its entirety.
Section 2. A new Chapter 3E is hereby added to Title 5 of the Englewood Municipal
Code and shall read as follows:
Chapter 3E -RETAIL MARIJUANA STORES
5-3E-1 Purpose.
A. The 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 t_0 cultivate, mw1Ufacture, distribute, or sell Retail
Marijuana, except in compliance with the terms, conditions, limitations, and restrictions set
forth in this Chapter, Section 16 of Article XVIII of the State Constitution and Article 43.4 of
Title 12, 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 this 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.
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
43.4 of Title 12 C.R.S. to apply to the issuance of a Retail Marijuana Store License.
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D. On and after January 1, 20 I 7, 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 this 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 Chapter 3D of the
Code .
5-3E-3 Definitions.
Any word or tenn used that is defined in any of the following provisions shall have the same
meaning that is ascribed to such word or tenn as used in the following provisions : Article XVIII,
Section 16 (2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S. §12-
43.4-101, el seq.; Article XVIII, Section 14 (l)(f) of the Colorado Constitution; C.R.S . §25-1.5-
10 I, et seq.; or the Colorado Medical Marijuana Code, C.R.S. § 12-43 .3-101, et seq ..
Colorado Medical Marijuana Code : Article 43.3 of Title 12 of the Colorado Revised
Statutes, as amended, and any regulations promulgated thereto.
Colorado Retail Marijuana Code or CRMC: Article 43.4 of Title 12 of the Colorado Revised
Statutes, 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 medical 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 43.4 of Title 12 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 tenns 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.
b.
A continuing pattern of offenses against the public peace, as defined in Title 7 of
this Code .
A continuing pattern of criminal conduct under state or local law directly related to
or arising from the Licensed Premise .
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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 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.
Stat~ Licensing Authority:· The Authority created for the purpose of regulating and
controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and
Retail Marijuana in this State, pursuant to Articles 43.3 and 43.4 of Title 12 C .R.S.
5-3E-4 Applications-Licenses.
A. Eligibility for Licensure. 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 Chapter 3D for a renewal
of a marijuana license and by submitting an application as provided in subsection5-3E-4(C)
B. Conversion and Dual Operation. 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 the Colorado Retail Marijuana Code.
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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 infonnation 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 the Colorado Retail Marijuana Code, the Local Licensing
Authority shall detennine whether the applicant qualifies for licensure under this Chapter 5-
3 E. The Local Licensing Authority shall notify the state and the Applicant in writing of its
determination as to whether the applicant qualifies for licensure 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 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:
I. 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. For a Location in 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
Retail Marijuana Store or Medical Marijuana Business existing at the time of
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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 Store
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 to 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, 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 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, 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 5-3E-7(A)(2)(a).
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 cbange of location as
provided in C.R.S. § 12-43.4-309.
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. §12-
43.4-309 and Title 5 Chapter 1 of the Code.
5-3E-10 Licensing Renewal.
A. A Licensee shall apply for the renewal of an ex1stmg License to the Local Licensing
Authority not less than forty-five (45) 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
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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 for a period of ten (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 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-11 Inactive Licenses.
The State or Local Licensing Authority, in its discretion, may revoke or elect not to renew
any License if it determines that the Licensed Premises have been inactive, without Good Cause,
for at least one ( 1) year.
5-3E-12 Fees.
Every Retail Marijuana Store shall pay an operating fee at the time of its initial application
for Ii censure and a renewal fee at the time of each application for License renewal. This fee is
imposed to offset the cost of administering this License. The initial application fee and renewal
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fee shall be determined by the City Council and set by Resolution, but in no event shall either fee
exceed one thousand dollars ($1,000.00).
Hours of Operation.
A Retail Marijuana Store may engage in the sale of marijuana or marijuana products between
the hours of 8:00 a.m. and 8:00 p.m. daily; provided, however, that the City Council may at its
discretion extend, but not further limit, such hours of operation.
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 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 whetherto 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
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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.RS. § 12-43.4-901 (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.
F. If the 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 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
Autl1ority.
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 tl1e current tax year and the three (3) immediately
prior tax years.
Section 3. Subsection 2-6-l(B) of the Englewood Municipal Code is hereby amended
to read as follows, with additions shown in bold, double-underlined text:
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2-6-1 Licensing Authority Established.
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(B) There is hereby established a Local Licensing 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 detennined 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 Ce~ter 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 4. The City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall
remain in full force and effect.
Section 5. All the provisions of the Englewood Municipal Code as heretofore
adopted that are in conflict with the provisions of this Ordinance are hereby repealed as of the
effective date of this Ordinance.
Section 6. The City Clerk shall certify to the passage of this Ordinance and cause
notice of its contents and passage to be published or posted. This Ordinance shall become
effective upon adoption.
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MEMORANDUM
TO:
FROM:
DATE:
Mayor Jefferson and City Council Members
Loucrishia A. Ellis, City Clerk
August 19, 2016
SUBJECT: Initiative Petition:
Summary: Shall the City of Englewood Municipal Code be amended as to permit for the regulation and
licensing of retail marijuana stores, subject to the regulations, conditions, and limitations set forth in the
initiative petition?
• State of Colorado )
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County of Arapahoe )
I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31-11-
109, that the Initiative Petition filed with the City Clerk's Office on August 10, 2016
has been reviewed and it has been determined to be valid and sufficient.
Attest:
Ste
cc: Eric Keck, City Manager