HomeMy WebLinkAbout2013 Ordinance No. 015ORDINANCE NO. /S
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE ENACTING TITLE 7, CHAPTER 6D, SECTION 12, SUBSECTION 2, OF
THE ENGLEWOOD MUNICIPAL CODE 2000, DEFINING RECREATIONAL MARIJUANA
CUL TN ATION FACILITIES, RECREATIONAL MARIJUANA PRODUCT
MANUFACTURING FACILITIES, RECREATIONAL MARIJUANA TESTING FACILITIES,
RECREATIONAL RETAIL MARIJUANA STORES; AND PROHIBITING THESE
BUSINESSES.
WHEREAS, the City of Englewood ("City") is a home-rule municipality organized and existing
under the provisions of Colorado 'Constitution Article XX; and
WHEREAS, pursuant to the Constitution, and as further authorized by State statutes, including,
but not limited to C.R.S. Section 31-15-401, the City has broad authority to exercise its police
powers to promote and protect the health, safety, and welfare of the community and its residents;
and
WHEREAS, such police powers include the power to regulate the nature and type of businesses
allowed within such community; and
WHEREAS, in 2000 Colorado voters passed a Constitutional Amendment concerning medical
marijuana; and
WHEREAS, Englewood adopted a licensing procedure for medical marijuana and revised it's
ordinances with the adoption of Ordinance No. 41, Series of 2009 and Ordinance No. 27, Series of
2011;and
WHEREAS, the voters of Colorado approved Amendment 64 at the 2012 general election,
which will be codified as Section 16 of Article 18 of the Colorado Constitution, authorizing the
use, display, purchase, transport, and transfer of one ounce or less of recreational marijuana by a
person 21 of age or older; and
WHEREAS, Amendment 64 allows local governments to prohibit recreational marijuana retail
stores, cultivation facilities, product manufacturing facilities and testing facilities by ordinance or
by placing a ballot measure on the November 2014 General Election ballot; and
WHEREAS, Amendment 64 provides that nothing shall be construed to limit any privileges or
rights of a medical marijuana patient, medical marijuana primary care-giver or licensed entity, nor
does it permit a Medical Marijuana Center to distribute medical marijuana to a person who is not a
medical marijuana patient or operate on the same premises as a Recreational Retail Marijuana
Store; and
1
WHEREAS, this Ordinance will not restrict personal use of marijuana as allowed under the
Colorado Constitution, nor shall it affect Englewood's currently licensed medical marijuana
businesses, primary care-givers, patients, and Code provisions relating thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
addition of a new Title 7, Chapter 6D, Section 12, Subsection 2, of the Englewood Municipal
Code 2000, entitled Recreational Marijuana, to read as follows:
7-6D-12-2: Recreational Mariiuana.
A. Purpose and Intent. The purpose of this subsection is to prohibit certain business uses related
to Recreational Marijuana in the City. The City Council makes the following findings
regarding its intent:
1. Pursuant to the provisions of Article XX. Section 6. of the Colorado Constitution. and as
further authorized by State Statutes. including. but not limited to C.R.S. Section 31-15-401.
the City has broad authority to exercise its police powers to promote and protect the health.
safety. and welfare of the community and its residents. These police powers include the
power to regulate the nature and type of businesses allowed within such community.
2. Article XVID, Section 16 of the Colorado Constitution specifically authorizes a municipality
to "enact ordinances or regulations ... governing the time. place, manner and number of
recreational marijuana establishment operations."
3. Article XVIII, Section 16 of the Colorado Constitution specifically authorizes a municipality
to prohibit the operation of recreational marijuana establishments: recreational marijuana
cultivation facilities. recreational marijuana product manufacturing facilities. recreational
marijuana testing facilities and recreational retail marijuana stores.
B. Definitions.
Recreational Marihuana or Marijuana: shall mean all parts of the plant of the genus cannabis
whether growing or not. the seeds thereof. the resin extracted from any part of the plant. and
every compound. manufacture, salt, derivative. mixture, or preparation of the plant, its seeds.
or its resin. including marihuana concentrate. "Marijuana" or "Marihuana" does not include
industrial hemp. nor does it include fiber produced from the stalks, oil, or cake made from
the seeds of the plant. sterilized seed of the plant which is incapable of germination, or the
weight of any other ingredient combined with marihuana to prepare topical or oral
administrations, food. drink or other product. Recreational Marijuana does not include
Medical Marijuana as defined in Article XVIII, Section 14. of the Colorado Constitution.
under the Colorado Medical Marijuana Code, 12-43.3-101 et seq. C.R.S .• and Title 5. Section
3D, of the Englewood Municipal Code: and
2
Recreational Marijuana Cultivation Facility: shall mean and include any real property used
for or upon which there is any type of structure or any such facility that includes or is
associated with cultivating, preparing, or packaging Recreational Marijuana.
Recreational Marijuana Establishment: shall mean and include a Recreational Marijuana
Cultivation Facility, a Recreational Marijuana Testing Facility, a Recreational Marijuana
Product Manufacturing Facility, or a Recreational Retail Marijuana Store.
Recreational Marijuana Product Manufacturing Facility: shall mean and include any real
property used for or upon which there is any type of structure, or any such facility that
includes or is associated with manufacturing, preparing, or packaging Recreational
Marijuana.
Recreational Marijuana Testing Facility: shall mean and include any real property used for or
upon which there is any type of structure, or any such facility that includes or is associated
with analyzing and certifying the safety and potency of medical Recreational Marijuana.
Recreational Marijuana Products: shall mean concentrated Recreational Marijuana products
that are comprised of Recreational Marijuana and other ingredients and are intend for use or
consumption, such as, but not limited to, edible products, ointments, and tinctures.
Recreational Retail Marijuana Store: shall mean and include any real property used for or
upon which there is any type of structure, or any such facility that includes or is associated
with the sale of Recreational Marijuana to consumers.
C. Prohibition:
1. Recreational Marijuana Establishments are prohibited.
a. This prohibition shall not apply to Medical Marijuana Centers, Medical Marijuana
Primary Care-Givers, Medical Marijuana Infused Product Manufacturers, Medical
Marijuana Optional Premises Cultivation Operations that are licensed in accordance
with Article XVIII, Section 14, of the Colorado Constitution, the Colorado Medical
Marijuana Code, and Title 5-3D EMC.
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.
3
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.
Section 7. Federal and state laws are binding upon home rule municipalities. However,
neither this Article nor its adoption, implementation, or enforcement shall be construed as an
intent of the City, its elected officials, its employees or contractors or Authority members to
violate federal law, including but not limited to, the Controlled Substances Act of 1970, as
amended, nor shall such adoption, implementation or enforcement be construed as acquiescence
or conspiracy by the City, its elected officials, appointed Authority members, contractors, or its
employees to violate such federal and state law.
Introduced, read in full, and tabled on the 1st day of April, 2013.
Taken off of the table and passed on first reading on the 15th day of April, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19 th day of
April, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of
April, 2013 for thirty (30) days.
Read by title and passed on final reading on the 6th day of May, 2013.
Published by title in the City's official newspaper as Ordinance No. K, Series of 2013, on
the 10th day of May, 2013.
Published by title on the City's official website beginning on the 8th day of
May, 2013 for thirty (30) days.
P. Penn, Mayor
4
I, Loucrishia A. Ellis, City cr/rk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is 1 µ:ue copy of the Ordinance passed on final reading and published by
title as Ordinance No. & Series of 2013.
5