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HomeMy WebLinkAbout2014 Ordinance No. 026• ORDINANCE NO. AV-I SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AMENDING TmE 5, CHAPTER 3(0), SECTION 3 OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINJNG TO THE STANDARD OF "GOOD CAUSE". WHEREAS, the City of Englewood has an established moratorium of any new Medical Marijuana Centers, Manufacture Infused Products and Optional Premises Cultivation License applications; and WHEREAS, during that moratorium the City CoW1cil has directed staff to develop appropriate recommendations to Council consistent with the Constitutional Amendment language and State regulations; and WHEREAS, the moratorium terminates after October 7, 2014; and WHEREAS, this ordinance modifies the definition of "Good Cause" to include evidence to support findings whether the public health, welfare, safety of the neighborhood and creates a new condition for refusal or denial of a license based upon impairment or adjacent conforming properties, or altering essential character of the neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 3(0), Section 3, entitled "Definitions" of the Englewood Municipal Code 2000, to read as follows: Title 5-3D: Medical Marijuana. 5-3D-3: Definitions. Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: l . The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.3 of Title 12 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; 1 9 b i 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 ofoffenses against the public peace, as defined in Title 1 of this Code. b.,_ A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. ~ A continuing pattern of criminal conduct directly related to or arising from the facility. i. The licensed premises wiii impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. 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 detennines 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 liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 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 19th day of May, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23 rd day of May, 2014. 2 .. • • Published as a Bill for an Ordinance on the City's official website beginning on the 21 st day of May, 2014 for thirty (30) days. Read by title and passed on final reading on the 2nd day of June, 2014. Published by title in the City's official newspaper as Ordinance N~ Series of 2014, on the 6th day of June, 2014. Published by title on the City's official website beginning on the 4th day of June, 2014 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 a, above and foregoing is ,J ~e copy of the Ordinance passed on final reading and published by W title as Ordinance No.~Series of 2014. 3 . . . COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 19, 2014 9 a i A Bill for an Ordinance Adding language to Title 5, Chapter 3D-3 (Definitions) of the Englewood Municipal Code Regarding Good Cause for Denying or Refusing the Renewal, Reinstatement, or Initial Medical Marijuana license Issuance Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed Medical Marijuana issues on many occasions. Council discussed this particular issue with staff at the Study Session on April 28, 2014. After discussing draft language to address issues regarding the denial of Medical Marijuana licenses for good cause, Council requested staff prepare a bill for an ordinance adding additional language to the Englewood Municipal Code to provide "good cause" to deny, renew, or reinstate licenses. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance deleting and adding language to Title 5, Chapter 3D-3 (Definitions) of the Englewood Municipal Code regarding Good Cause for denying or refusing the Renewal, Reinstatement, or Initial Medical Marijuana license Issuance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In November of 2000, voters in the State of Colorado passed Amendment 20 to the States Constitution legalizing limited amounts of medical marijuana for patients and their primary caregivers. The City of Englewood added Chapter 3D, Medical Marijuana to the Code with the approval of Ordinance 27, Series of 2011 on May 20, 2011. The regulation of Medical Marijuana is constantly evolving as the City gains experience in administering the issuance of licenses as well as denial initial licenses, the denial of a renewal or a reinstatement of a licenses. FINANCIAL IMPACT This change to the Code is revenue neutral. LIST OF ATTACHMENTS Proposed bill for an ordinance