HomeMy WebLinkAboutCity/County Planning Board Minutes 04.08.2010 DRAFT
MINUTES
LAUREL- YELLOWSTONE CITY - COUNTY PLANNING BOARD
April 8, 2010 7:00 PM
COUNCIL CHAMBERS
Members present: Kathy Siegrist, Chairman
Dan Koch, City Rep.
Dick Fritzler, County Rep.
Judy Goldsby, County Rep.
David Schreder, City Rep.
Greg Nelson, Member at Large
John VanAken, County Rep.
Lee Richardson, County Rep.
Others present: James Caniglia, City Planner
Cheryll Lund, City Secretary
The meeting was called to order at 7:00 pm by Chairman Siegrist.
Approval of Minutes
A motion was made by Dan Koch, second by Dick Fritzler to approve the minutes as written.
Public Input
No public was present.
Discussion: Medical Marijuana
James passed out information on recent medical marijuana ordinances adopted by Fort Collins,
Colorado (attached to minutes as COPY).
James stated that he thought the ordinances passed by Ft. Collins were done well and Laurel
Mayor Olson and Laurel CAO Bill Sheridan liked them also.
James gave a quick synopsis of what Ft. Collins, Colorado proposed for ordinances on medical
marijuana.
Ft. Collins looked at the regulations in 2 regards: 1) as a Home Occupation; and, 2) in the
commercial aspect. James suggested that the board look into and discuss the commercial district
aspect of medical marijuana first and review the Home Occupation second.
James and several of the Planning Board members went to the March 23` information meeting
put on at the High School auditorium about medical marijuana. The meeting put the medical
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marijuana issue into a more realistic light and brought forth several safety issues; the first issue
being possible fire from the grow house lamps and the second issue being possible criminal theft
of the marijuana from businesses and/or home growing operations.
James pointed out that some of Colorado's medical marijuana laws are different than the laws
passed by Montana voters, but most of the Colorado's laws are similar to Montana's laws.
James said what Ft. Collins is proposing is that marijuana can only be grown in the industrial
zones and not the regular commercial zones. The reasons for that are mainly fire issues but also
because of the possibility of break -ins and theft.
The retail side of medical marijuana is allowed in regularly commercial areas.
The concerns that Ft. Collins had were of the clustering of several medical marijuana businesses
in an area. A regulation was put into place by Ft. Collins that medical marijuana businesses are
required to be spaced 1,000 feet of each other. The regulations also state that medical marijuana
businesses cannot be within 1,000 feet of churches, schools and recreational areas.
John VanAken suggested that bars be added to the list of places that medical marijuana
businesses cannot be within 1,000 feet of because alcohol use and marijuana use can sometimes
go hand in hand.
James stated that the rules and regulations only allow the purchasing of medical marijuana at the
retail stores, not the smoking and/or consumption of it at the retail stores.
In order for medical marijuana businesses to be licensed they have to apply and pay a fee. The
applicant goes through fingerprinting, background check and the license fee that is annual. They
have to keep strict records on how many patients they have, the number of plants they keep for
patients, patients they sell to and amounts of marijuana sold. Law Enforcement has the right to
come into the business at any time to audit a business to make sure they are following the rules.
Businesses will have to pay taxes on the income they make like all Montana business owners.
Several board members suggested that some type of tax should be assessed on the sale of the
marijuana, just like taxes that are paid on cigarettes. James will have the city's legal department
look into the validity of that.
Lee Richardson stated that it was brought up at the informational meeting held at the LHS
auditorium in March that it is thought that there are some medical marijuana providers that could
be making $5 million per year and not claiming it all as income because they are selling it for
cash only.
Lee Richardson also stated that in Billings's people with medical marijuana businesses are not
required to reveal where the marijuana is being grown. Because of this the marijuana growing
facilities aren't inspected and it has been found that some of the growers are by- passing electrical
and fire safety issues that could result in fire.
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At this time James read Sec. 15 -456, Duration of license; renewal from the Ft. Collins,
Colorado ordinance which makes it mandatory to renew the license each year in a timely
manner.
The board discussed what measures could be taken if the marijuana was grown out of the city
limits and out of the City of Laurel's jurisdiction.
After a discussion it was brought up that in Section 15.464. Cultivation, growing and
processing by licensees. The last sentence reads: "The cultivation, growing and processing of
marijuana plants other than for cloning shall be conducted by the licensee only at the cultivation
facility shown on the application ".
A question was asked regarding cloning of the marijuana plants and what it involves. The board
would like clarification of what cloning means.
James read the entire ordinance from Ft. Collins (see attached COPY ). There are some sections
in Ft. Collins ordinance that do not apply to Montana's medical marijuana law and will need to
be either removed or changed. There are many issues that the board would like to discuss more
at length and will do so at the May 6, 2010 meeting.
Issues that need to be discussed are: Signage; security lighting; licensing; deliveries of medical
marijuana; number of days required for notification when changing owners of business; and,
growing marijuana outside city zoning areas.
The board will hold a public hearing at the June 3, 2010 meeting to receive public input.
Miscellaneous
James reported that there were 3 county representatives' appointments that were up for renewal
by the County Commissioners. They are Lee Richardson, Judy Golsby and John VanAken. This
will be put onto the agenda for next months meeting for recommendation of appointment.
The meeting was adjourned at 8:30 pm.
Respectfully submitted,
cki
Cheryll Lund, Secretary
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copy
ORDINANCE NO. 025, 2010
OF THE CODE OF THE CITY OF FORT COLLINS
ADDING AN ARTICLE TO CHAPTER 15 OF THE CITY CODE
GOVERNING THE LICENSING, LOCATION AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES
WHEREAS, on November 7, 2000, the voters of the state of Colorado approved
Amendment 20 to the Colorado Constitution, which created a limited exception from criminal
liability under Colorado law for persons suffering from debilitating medical conditions who are
in need of marijuana for medical purposes and who obtain and use medical marijuana under the
circumstances specified in Amendment 20; and
WHEREAS, the possession, use, sale, distribution or transportation of marijuana is still a
violation of federal law and, when possessed, used, sold, distributed or transported for any
purpose other than medical use, a violation of state law as well; and
WHEREAS, accordingly, the possession, use, sale, distribution, and transportation of
marijuana for medical use as contemplated by Amendment 20 should be closely monitored and
regulated by the City; and
WHEREAS, if not closely monitored and regulated, the manner in which medical
marijuana is possessed, used and distributed may adversely affect the health, safety, and welfare
of the residents of the City as well as the health, safety and welfare of the patients and primary
caregivers whose possession and use of marijuana for medical purposes is permitted by
Amendment 20; and
WHEREAS, on December 1, 2009, the City Council adopted Ordinance No. 128, 2009,
and, for the reasons stated therein, imposed a moratorium on the establishment of any medical
marijuana dispensaries that had not theretofore been established in the City, so that the status quo
could be maintained while proposed regulations governing the same were developed by City
staff; and
WHEREAS, City staff has, pursuant to City Council direction, reviewed the issues,
concerns and secondary effects that may be associated with the operation of medical marijuana
dispensaries in the City and has presented proposed regulations pertaining to the same for the
City Council's consideration; and
WHEREAS, the City Council believes that medical marijuana dispensaries, if properly
regulated, can provide a valuable service to persons that are suffering from debilitating medical
conditions and such dispensaries and related facilities should therefore be allowed as a
conditional use on certain properties in the City, subject to licensing requirements and other
regulations; and
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WHEREAS, by adoption of this Ordinance, the City Council does not intend to authorize
or make legal any act that is not permitted under federal or state law but rather to locally
implement the provisions of Amendment 20; and
WHEREAS, the City Council has determined that, for the reasons set forth above and for
the purpose of protecting the public health, safety and welfare of the residents and visitors of
Fort Collins, it is in the best interests of the City to amend the City Code as provided herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the recitals contained in this Ordinance and in Ordinance No. 128,
2009, are hereby adopted and incorporated herein as findings of fact of the City Council.
Section 2. That Chapter 15 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article XVI which shall read in its entirety as follows:
ARTICLE XVI.
MEDICAL MARIJUANA
Sec. 15 -450. Purpose.
The provisions of this Article are intended to implement the provisions of
Article XVIII, Section 14 of the Colorado Constitution and protect the rights of
patients and their primary caregivers while also protecting the health, safety, and
welfare of the public and curtailing the unlawful possession, use, distribution, or
transportation of marijuana by:
(1) requiring that medical marijuana businesses be operated in a
manner that minimizes potential health and safety risks and
mitigates the negative impacts that a medical marijuana dispensary
might have on surrounding properties and persons;
(2) regulating the conduct of persons owning, operating and using
medical marijuana dispensaries and cultivation facilities in order to
protect the public health, safety and welfare; and
(3) regulating the location and operation of medical marijuana
dispensaries and cultivation facilities.
Sec. 15 -451. Definitions.
(a) The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section:
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Alcohol beverage shall have the meaning ascribed to such term in the
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Colorado Liquor Code.
Amendment 20 shall mean that certain voter initiated amendment to the
Colorado Constitution adopted November 7, 2000, which added Section 14 of
Article XVIII to the Colorado Constitution.
Applicant shall mean any person or entity who has submitted an
application for a license or renewal of a license issued pursuant to this Article. If
the applicant is an entity and not a natural person, applicant shall include all
persons who are the members, managers, officers and directors of such entity.
Building Official shall mean the Building Code Official as defined in
Chapter 5 of the Code.
Cultivation shall mean the process by which a person grows a marijuana
plant.
Financial interest shall mean an ownership interest, a creditor interest, or
a directorship or officership.
Good cause for the purpose of denying, refusing to renew, suspending or
revoking a license under this Article shall mean:
(1) the applicant has violated, does not meet, or has failed to comply
with any of the terms, requirements, conditions or provisions of
this Article or with any applicable state or local law or regulation;
(2) the applicant has failed to comply with any special terms or
conditions of a license, including those terms and conditions that
were established at the time of issuance of the license and those
imposed as a result of disciplinary proceedings held subsequent to
the date of issuance of the license; or
(3) the medical marijuana dispensary or cultivation facility has been
operated in a manner that adversely affects the public health,
welfare, or safety of the immediate neighborhood in which the
dispensary or cultivation facility is located. Evidence to support
such a finding can include, without limitation, a continuing pattern
of disorderly conduct, a continuing pattern of drug-related criminal
conduct within the premises of the medical marijuana dispensary
or cultivation facility or in the immediate area surrounding such
facility, a continuing pattern of criminal conduct directly related to
or arising from the operation of the medical marijuana dispensary
or cultivation facility, or an ongoing nuisance condition emanating
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from or caused by the medical marijuana dispensary or cultivation
facility.
License shall mean a document issued by the City officially authorizing an
applicant to operate a medical marijuana business pursuant to this Article.
Licensee shall mean the person to whom a license has been issued
pursuant to this Article.
Licensed premises shall mean that portion of a property, building, or other
structure used for the purpose of cultivating, storing, processing, displaying for
sale, selling or otherwise distributing medical marijuana or other products by a
licensee.
Medical marijuana shall mean marijuana or cannabis approved under state
law to treat persons suffering from debilitating medical conditions as defined in
Amendment 20 and other laws and regulations of the state, including, without
limitation, cancer, glaucoma, human immunodeficiency virus, chronic or
debilitating diseases such as seizures, severe pain, severe nausea, persistent
muscle spasms and epilepsy.
Medical marijuana business shall mean any person acting alone or in
concert with another person, whether for profit or not for profit, who cultivates,
grows, harvests, processes, packages, transports, displays, sells, dispenses or
otherwise distributes the stalks, stems, roots, seeds, leaves, buds, or flowers of the
plant (genus) cannabis, or any mixture or preparation thereof, for medical use as
authorized by Amendment 20.
Medical marijuana cultivation facility or cultivation facility shall mean a
building, structure or premises used for the cultivation or storage of medical
marijuana that is physically separate and off -site from any medical marijuana
dispensary and that is designated as part of the premises of a medical marijuana
dispensary licensed pursuant to this Article.
Medical marijuana delivery business shall mean a medical marijuana
business that delivers medical marijuana to a patient or primary caregiver at a
location other than a licensed premises.
Medical marijuana dispensary or dispensary shall mean a property or
structure used to sell, distribute, transmit, give, dispense or otherwise provide
marijuana in any manner to patients or primary caregivers pursuant to the
authority contained in Amendment 20 to the Colorado Constitution and the
implementing state statutes and administrative regulations.
Medical marijuana paraphernalia or paraphernalia shall mean devices,
contrivances, instruments and paraphernalia for inhaling or otherwise consuming
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medical marijuana, including, but not limited to, rolling papers, related tools,
water pipes and vaporizers.
Minor patient shall mean a patient less than eighteen (18) years of age.
Patient shall mean a person who has a debilitating medical condition as
defined in Amendment 20.
Person shall mean a natural person or business entity such as, without
limitation, a corporation, association, firm, joint venture, estate, trust, business
trust, syndicate, fiduciary, partnership, or any group or combination thereof.
Place of worship or religious assembly shall mean a building containing a
hall, auditorium or other suitable room or rooms used for the purpose of
conducting religious services or meetings of the occupants of such structure.
Premises shall mean the legal parcel of property upon which a medical
marijuana dispensary or cultivation facility is located.
Primary caregiver shall mean a person, other than the patient and the
patient's physician, who is eighteen (18) years of age or older and has significant
responsibility for managing the well -being of a patient who has a debilitating
medical condition.
Registry identification card shall mean that document, issued by the state
Department of Public Health and Environment, which identifies a patient
authorized to engage in the medical use of marijuana and such patient's primary
caregiver, if any has been designated.
(b) In addition to the definitions provided in Subsection (a) of this
Section, other terms used in this Article shall have the meaning ascribed to them
in Amendment 20, and such definitions are hereby incorporated into this Article
by this reference.
Sec. 15 -452. License required; exemption.
(a) Except as provided in Subsection (b) of this Section, it shall be
unlawful for any person to establish or operate a medical marijuana business in
the City without first having obtained a license for such business from the City
Manager. Such license shall be kept current at all times, and the failure to
maintain a current license shall constitute a violation of this Section.
(b) Primary caregivers who cultivate, possess or dispense medical
marijuana to a single patient, and patients who cultivate or possess medical
marijuana for their own medical use, are exempt from the licensing requirements
of this Article, but shall be subject to the following limitations:
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(1) All such cultivation shall be conducted entirely within a building
or other fully enclosed structure.
(2) Not more than twelve (12) marijuana plants may be cultivated or
kept at the same parcel of property, of which no more than six (6)
plants may be mature.
(3) In no event shall a patient or primary caregiver keep, cultivate,
grow or process more medical marijuana than such person is
entitled to possess under Amendment 20.
Sec. 15 -453. Requirements of application for license; payment of
applica ion ee.
(a) A person seeking a license or renewal of a license issued pursuant
to this Article shall submit an application to the City Manager on forms provided
by the City. At the time of application, each applicant shall pay a non - refundable
application fee to defray the costs incurred by the City for fingerprints,
photographs, background investigations, inspection of the proposed premises, and
other costs associated with the processing of the application. In addition, the
applicant shall provide the following information on a form provided by the City,
which information shall be required for the applicant, the proposed manager of
the medical marijuana business, and all persons having a financial interest in the
medical marijuana business that is the subject of the application:
E ! ' Q 1A2 (1) name, address, date of birth;
Z) �--' v ( -r (2) a complete set of fingerprints;
(3) an acknowledgement and consent that the City will conduct a
background investigation, including a criminal history check;
(4) if the applicant is a business entity, information regarding the
entity, including, without limitation, the name and address of the
entity, its legal status, and proof of registration with, or a certificate
of good standing from, the Colorado Secretary of State, as
applicable;
(5) the name and complete address of the proposed medical marijuana
business, including any facilities of such business that are, or are
planned to be, within the territorial limits of the City;
(6) if the applicant is not the owner of the proposed licensed premises,
a notarized statement from the owner of such property authorizing
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the use of the property for a medical marijuana dispensary or
cultivation facility;
(7) a copy of any deed reflecting the ownership of, or lease reflecting
the right to possess, the proposed licensed premises;
(8) ence of a41 sales tax license for the business;
(9) if the medical marijuana dispensary will be providing medical
marijuana in edible form, evidence of any food establishment
license or permit that may be required by the State;
(10) a "to scale" diagram of the premises, showing, without limitation,
a site plan, building layout, all entry ways and exits to the
dispensary and cultivation facility, loading zones and all areas in
which medical marijuana will be stored, grown or dispensed;
(11) a comprehensive business plan for the medical marijuana business
which shall contain, without limitation, the following:
a. a security plan meeting the requirements of § 15 -462;
b. a description of all products to be sold;
c. a signage plan that is in compliance with all applicable
requirements of this Code and the Land Use Code; and
d. a plan for the disposal of medical marijuana and related
byproducts to ensure that such disposal is in compliance
with all applicable federal, state and local laws or
regulations.
(12) any additional information that the City Manager reasonably
determines to be necessary in connection with the investigation
and review of the application.
(b) A license issued pursuant to this Article does not eliminate the
need for the licensee to obtain other required permits or licenses related to the
operation of the medical marijuana dispensary and cultivation facility, including,
without limitation, any development approvals or building permits required by
this Code and the Land Use Code.
(c) Upon receipt of a completed application, the City Manager shall
circulate the application to all affected service areas and departments of the City
to determine whether the application is in full compliance with all applicable
laws, rules and regulations.
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(d) The Building Official shall, prior to issuance of the license,
perform an inspection of the proposed licensed premises, including, without
limitation, the proposed cultivation facility, to determine compliance with any
applicable requirements of this Article or other provisions of this Code or the
Land Use Code.
(e) The City Manager shall deny any application that does not meet
the requirements of this Article. The City Manager shall also deny any
application that contains any false, misleading or incomplete information. Denial
of an application for a license shall not be subject to administrative review but
only to review by a court of competent jurisdiction.
Sec. 15 -454. Location criteria.
(a) No medical marijuana dispensary shall, at the time it is established
and first licensed by the City, be located within one thousand (1,000) feet of
another dispensary.
(b) No medical marijuana dispensary shall be allowed except in
accordance with the following location requirements:
(1) No medical marijuana dispensary or cultivation facility shall, at the
time it is established and first licensed by the City, be located:
01\ a. within one thousand (1,000) feet of:
1. any private or public preschool, elementary,
e'-' secondary, vocational or trade school, college,
university or childcare facility;
2. any place of worship or religious assembly;
3 any public or private park, pool, playground or
recreational facility;
4 any juvenile or adult halfway house, correctional
facility, or substance abuse rehabilitation or
treatment center; or
5 the boundary of any RUL, UE, RF, RL, LMN,
MMN, NCL, NCM, NCB or HMN residential
zone district.
b. upon any City property, or;
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c. in a residential unit, except as permitted under Section 3.8.3
of the Land Use Code.
(2) No medical marijuana business shall operate as an outdoor vendor
as defined in §15 -381.
(c) The distances described above shall be computed by direct
measurement in a straight line from the nearest property line of the land used for
the purposes stated in Subsection (a) above to the nearest portion of the building
or unit in which the medical marijuana dispensary or cultivation facility is
located.
Sec. 15 - 455. Persons prohibited as licensees.
(a) No license shall be issued to, held by, or renewed by any of the
following:
(1) any natural person who is not a patient or primary caregiver, as
evidenced by a registry identification card or its functional
equivalent under Section 14(3)(d) of Amendment 20 and, in the
case of a primary caregiver, his or her patient's written designation
of the applicant as the patient's primary caregiver, as submitted to
the Colorado Department of Public Health and Environment;
(2) : y person who has b- - - released within the ten (10) years
i • ediately prece• g the application from any form of
inc. eration • court- ordered supervision, including a deferred
sentenc-, - - sulting from a conviction of any felony or any crime
whic de he laws of this state would be a felony; or any crime
of ich frau. 'r intent to defraud was an element, whether in this
s .te or elsewhere; Jo - d ,r- , Q,) bA �
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(3) any entity whose directors, shareholders .l artners, or other persons
2 having a financial interest in said entity have been convicted of any
of the offenses set forth in paragraph (2) above;
(4) any person under the age of twenty -one (21) years;
(5) any person who has made a false, misleading or fraudulent
statement on his or her application for a license;
(6) any person who has not paid all applicable fees;
(7) any person whose license for a medical marijuana business in
another city, town, county or state has been revoked;
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(8) any peace officer as defined in C.R.S. §16 -2.5 -101 or family
member of a peace officer;
(9) any applicant who already holds three medical marijuana
�r business licenses in the City. n 076
Sec. 15 -456. Duration of license; renewal.
i) Each license issued pursuant to this Article shall be valid for one (1) year
r from the date of issuance and may be renewed only as provided in this Article. All
renewals of a license shall be for no more than one (1) year. An application for
the renewal of an existing license shall be made to the City Manager not more
than sixty (60) days and not less than thirty (30) days pnor to the date of
expiration of the license. No application for renewal shall be accepted by the City
Manager prior to or after such date. The timely filing of a renewal application
shall extend the current license until a decision is made on the renewal.
Sec. 15 -458. Annual license fee.
Upon issuance of a license or any renewal of a license, the licensee shall
pay to the City a fee in an amount determined by the Zity—Mariager to be 0 (° �
sufficient to cover the annual cost of inspections conducted pursuant to § 15 -474
by Police Services, or such other departments of the City as may be designated by
x0 the €441,1anzger, for the purpose of determining compliance with the provisions
(■ of this Article and any other applicable state or local laws or regulations.
Sec. 15 -459. Use and display of license; management of licensed premises.
(a) A license shall not be transferable to another person.
(b) Each license shall be limited to use at the premises specified in the
application for such license. Any change in location shall require the filing of an
application for, and issuance of, a new license under the provisions of § 15 -453.
(c) Each license shall be continuously posted in a conspicuous
location at the medical marijuana dispensary and at the cultivation facility.
�
({` (d) Licensees who are natural persons shall either manage the licensed
4 � premises themselves or employ a separate and distinct manager on the premises
and report the name of such manager to the City Manager. Licensees that are
entities shall employ a manager on the premises and report the name of the
manager to the City Manager. All managers must be natural persons who are
patients or primary caregivers at least twenty -one (21) years of age. No manager
shall be a person having a criminal history as described in Subsection 15 -455
(a)(
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Sec. 15 -459. Change in manager; change in financial interest.
(a) Each licensee shall report any change in managers to the City
Manager within thirty (30) days after the change. Such report shall include all
information required for managers under § 15 -453.
(b) Each licensee shall report in writing to the City Manager any
transfer or change of financial interest in the license holder or in the medical I
marijuana business that is the subject of the license. Such report must be filed + )(20
with the City Manager within thirty (30) days after any such transfer or change.
A report shall be required for any transfer of the capital stock of a public
corporation totaling more than ten (10) percent of the stock in any one year, as
well as any transfer of a controlling interest in the corporation whenever a
sufficient number of shares have been transferred to effectuate the transfer of a
controlling interest. No person having or acquiring a financial interest in the
medical marijuana business that is the subject of a license shall be a person having
a criminal history as described in § 15- 455(a)(2).
Sec. 15 -460. Hours of operation.
Medical marijuana dispensaries may be open for business only between
the hours of 8:00 a.m. and 8:00 p.m.
Sec. 15 -461. Signage and advertisin .
All signage and advertising for a medical marijuana dispensary shall
comply with all applicable provisions of this Code and the Land Use Code. In
P t (041 - addition, no signage or advertising shall use the word "marijuana," "cannabis," or
6°c% any other word, phrase or symbol commonly understood to refer to marijuana
unless such word, phrase or symbol is immediately preceded by the word
"medical" in type and font that is at least as readily discernible as all other words,
phrases or symbols. Such signage and advertising must clearly indicate that the
products and services are offered only for medical marijuana patients and primary
caregivers.
Sec. 15 -462. Security requirements.
(a) Security measures at dispensaries and cultivation facilities shall
include at a minimum the following: -
(1) security surveillance cameras installed to monitor all entrances
along with the interior and exterior of the premises to discourage,
and facilitate the reporting of, criminal acts and nuisance activities
occurring at the premises.
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(2) robbery and burglary alarm systems which are professionally
monitored and maintained in good working condition;
(3) a locking safe permanently affixed to the premises that is suitable
for storage of all medical marijuana and cash stored overnight on
the licensed pr mises;
(4) xterio fighting that illuminates the exterior walls of the licensed
pr ses and complies with applicable provisions of the City Code
d L d Use Code; and
(5) deadbolt locks on all exterior doors.
(b) All security recordings shall be preserved for at least seventy -two
(72) hours by the licensee and be made available to Police Services upon request
for inspection.
Sec. 15 -463. Required notices.
There shall be posted in a conspicuous location in each medical marijuana
dispensary a legible sign containing warnings that:
(1) the possession, use or distribution of marijuana is a violation of
federal law;
(2) the possession, use or distribution of marijuana for non - medical
purposes is a violation of state law;
(3) it is illegal under state law to drive a motor vehicle or to operate
machinery when under the influence of, or impaired by, marijuana;
and
(4) no one under the age of eighteen (18) years is permitted on the
premises except minor patients accompanied by a parent or legal Q
guardian in possession of a state registry card for such minor
patient.
Sec. 15 -464. Cultivation, growing and processing by licensees.
The cultivation, growing, processing, display or storage of marijuana
plants within a medical marijuana dispensary shall be limited to non - flowering
plants that are kept by the licensee solely for the purpose of cloning. The
cultivation, growing and processing o - marijuana p ants of er t an or c oning
shall be conducted by the licensee only at the cultivation facility shown on the
application.
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Sec. 15 -465. Sale of edible products.
(a) Medical marijuana dispensaries may not be co- located with
facilities used to prepare, produce, or assemble food, whether for medical or non-
medical purposes.
(b) Any food products sold by a medical marijuana dispensary shall
either be inspected by an agency of the Colorado Department of Public Health
and Environment or, if no such inspection has occurred, shall contain a label
indicating the lack of health department inspection.
Sec. 15 -466. Labeling.
All marijuana sold or otherwise distributed by the licensee shall be
packaged and labeled in a manner that advises the purchaser that the marijuana is
intended for use solely by the patient to whom it is sold and that any re -sale or re-
distribution of the marijuana to any person other than a patient or primary
caregiver is a criminal violation.
Sec. 15 -467. On -site consumption of medical marijuana.
The consumption, ingestion or inhalation of medical marijuana on or
within the premises of a medical marijuana dispensary or cultivation facility is
prohibited. These restrictions shall not apply to medicinal products such as
tinctures.
Sec. 15 -468. Prohibited acts.
It shall be unlawful for any licensee to:
(1) employ any person to manage a medical marijuana dispensary or
cultivation facility or to dispense medical marijuana who is not a
patient or primary caregiver at least twenty -one (21) years of age
or who has a criminal history as described in Subsection 15 -455
(a)(2).
(2) sell, give, dispense or otherwise distribute medical marijuana to
anyone other than a patient or primary caregiver;
(3) sell, give, dispense, or otherwise distribute to any patient or
primary caregiver more than two ounces per week of any
usable form of medical marijuana. I
(4) purchase or otherwise obtain more than two (2) ounces per week of
medical marijuana in any usable form from other dispensaries or
cultivation facilities or any other source;
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(5) permit on the licensed premises any person other than:
(a) the licensee, the licensee's manager, employees and
financial interest holders;
(b) a patient in possession of a registry identification card or its
functional equivalent under Section 14(3)(d) of
Amendment 20;
(c) a minor patient accompanied by a parent or lawful guardian
in possession of the minor patient's registry identification
card;
(d) a primary caregiver in possession of his or her patient's
registry identification card or its functional equivalent
under Section 14(3)(d) of Amendment 20 and the patient's
written designation of said person as the patient's primary
caregiver, as submitted to the Colorado Department of
Public Health and Environment;
(e) a person whose physical presence and assistance is
necessary to assist a patient;
(f) a person who is actively engaged in the maintenance, repair
or improvement of the licensed premises or in the provision
of accounting or other professional services directly related
to the conduct of the licensee's medical marijuana business;
or
(g) law enforcement officers, inspectors and other officials or
employees of any federal, state, or local govemment or
agency engaged in the lawful performance of their official
duties.
(6) dispense medical marijuana in or upon its cultivation facility;
(7) permit the sale or consumption of alcohol beverages on the
licensed premises;
(8) post or allow to be posted signs or other advertising materials
identifying cultivation facilities as being associated with the use or
cultivation of marijuana.
- 14 -
Sec. 15 -469. Visibility of activities; control of emissions.
(a) All activities of medical marijuana dispensaries and cultivation
facilities, including, without limitation, cultivating, growing, processing,
displaying, selling, and storage, shall be conducted indoors.
(b) No medical marijuana or paraphernalia shall be displayed or kept
in a dispensary or cultivation facility so as to be visible from outside the licensed
premises.
(c) Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids, and other substances from exiting a dispensary or cultivation facility
must be provided at all times. In the event that any odors, debris, dust, fluids or
other substances exit a medical marijuana dispensary or cultivation facility, the
owner of the subject premises and the licensee shall be jointly and - - . '+ liable
for such conditions and shall be responsible for immediate, full c ean -up and
correction of such condition. The licensee shall properly dispose of all such
materials, items, and other substances in a safe, sanitary, and secure manner and
in accordance with all applicable federal, state, and local laws and regulations.
Sec. 15 -470. Disposal of marijuana byproducts.
The disposal of medical marijuana, byproducts and paraphernalia shall be
done in accordance with plans and procedures approved in advance by the City
er. 2
Sec. 15 -471. Deliveries of medical marijuana.
Deliveries of medical marijuana and paraphernalia by licensees operating
a medical marijuana delivery business, whether or not such business is conducted
in conjunction with a local dispensary or cultivation facility, shall make such
deliveries only to patients and primary caregivers and only in the amounts
specified in § 15- 468(3). All such deliveries shall be subject to the record
keeping requirements contained in § 15 -473.
Se 15 -472. Sa =: ax.
.. • licensee shall collect and remit City sales tax on all medical
mariju. • . s: aphernalia, and other tangible personal property sold by the
lice :ee at the m. .ical marijuana dispensary.
Sec. 15 -473. Required books and records.
(a) Every licensee shall maintain an accurate and complete record of
all medical marijuana purchased, sold or dispensed by the medical marijuana
business in any usable form. Such record shall include the following:
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(1) the identity of the seller and purchaser involved in each
transaction;
(2) the total quantity of, and amount paid for, the medical marijuana;
and
(3) the date, time and location of each transaction.
(b) Every patient or primary caregiver shall provide to the licensee,
and the licensee shall record, the following information for such books and
records:
(1) the patient or primary caregiver's name, date of birth, and current
street address, including city, state and zip code;
(2) the form of identification that was presented by the patient or
primary caregiver, which may include any of the following, and
the identifying number, if any, from such form:
a. an identification card issued in accordance with Section 42-
2 -302, C.R.S.;
b. a valid state driver's license;
c. a valid driver's license containing a picture issued by
another state;
d. a military identification card;
e. a valid passport; or
f. an alien registration card.
(3) a registry identification card or its functional equivalent under
Section 14(3)(d) of Amendment 20 and, in the case of a primary
caregiver, the date the primary caregiver was designated by the
patient for whom the medical marijuana was purchased.
(c) Information provided to the licensee by a patient or primary
caregiver under the provisions of this Section need not include any information
regarding the patient's physician or medical condition.
(d) All transactions shall be kept in a numerical register in the order in
which they occur.
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•
(e) All records required to be kept under this Article must be kept in
the English language in a legible manner and must be preserved and made
available for inspection for a period of three (3) years after the date of the
transaction. Information inspected by Police Services or other City departments
pursuant to this Article shall be used for regulatory and law enforcement purposes
only and shall not be a matter of public record.
Sec. 15 -474. Inspection of licensed premises.
(a) During all business hours and other times of apparent activity, all
licensed premises shall be subject to inspection by Police Services and all other
City departments designated by the City Manager for the purpose of investigating
and determining compliance with the provisions of this Article and any other
applicable state and local laws or regulations. Said inspection may include, but
need not be limited to, the inspection of books, records and inventory. Where any
part of the licensed premises consists of a locked area, such area shall be made
available for inspection, without delay, upon request.
c f.A. l e,V e"-y '-
��� + (b) If a medical marijuana delivery business does not maintain a
,.e� dispensary or cultivation facility within the territorial limits of the City, the
licensee for such business shall, upon receipt of notification from the City, make
49 ' available for inspection by the City all books and records of the medical
� t o ^o' marijuana business as required in said notice. For the purpose of this provision,
rAPrev t —' notice of request for inspection shall be deemed received ten (10) days from the
tP" date of mailing of the notice to the licensee's address as shown on the license.
Sec. 15 -475. Non - renewal, suspension, or revocation of license.
The may suspend, revoke, or refuse to renew a license for
good cause. A determination by the City- Manager of non - renewal, suspension or
y revocation shall not be subject to administrative review but only to review by a
court of competent jurisdiction.
Sec. 15 -476. Violations and penalties.
In addition to the possible denial, suspension, revocation or non - renewal
of a license under the provisions of this Article, any person, including, but not
limited to, any licensee, manager or employee of a medical marijuana business, or
any customer of such business who violates any of the provisions of this Article,
shall be guilty of a misdemeanor punishable in accordance with >4-51 o - ({," ►`"
Sec. 15 -477. No City liability; indemnification.
By accepting a license issued pursuant to this Article, the licensee waives
,� and releases the City, its officers, elected officials, employees, attorneys and
agents from any liability for injuries, damages or liabilities of any kind that result
g y
- 17 -
from any arrest or prosecution of dispensary owners, operators, employees, clients
or customers for a violation of state or federal laws, rules or regulations.
By accepting a license issued pursuant to this Article, the licensee(s)
jointly and sever y, if more than one, agree to indemnify, defend, and hold
harmless the i , its officers, elected officials, employees, attorneys, agents,
insurers and self - insurance pool against all liability, claims and demands on
account of any injury, loss, or damage, including, without limitation, claims
arising from bodily injury, personal injury, sickness, disease, death, property loss
or damage or any other loss of any kind whatsoever which arise out of or are in
any manner connected with the operation of the medical marijuana business that
is the subject of the license.
Sec. 15 -478. Other laws remain applicable.
To the extent the state has adopted or adopts in the future any additional or
stricter law or regulation governing the sale or distribution of medical marijuana,
the additional or stricter regulation shall control the establishment or operation of
any medical marijuana business in the City. Compliance with any applicable state
law or regulation shall be deemed an additional requirement for issuance or denial
of any license under this article and non - compliance with any applicable state law
or regulation shall be grounds for revocation of suspension of any license issued
hereunder.
Any licensee may be required to demonstrate, upon demand by the City
Manager or by law enforcement officers, that the source and quantity of any
marijuana found upon the licensed premises is in full compliance with any
applicable state law or regulation.
If the state prohibits the sale or other distribution of marijuana through
medical marijuana dispensaries, any license issued hereunder shall be deemed
immediately revoked by operation of law, with no ground for appeal or other
redress on behalf of the licensee.
The issuance of any license pursuant to this Article shall not be deemed to
create an exception, defense, or immunity to any person in regard to any potential
criminal liability the person may have for the cultivation, possession, sale,
distribution, or use of marijuana.
Sec. 15 -479. Severability.
If any section, sentence, clause, phrase, word or other provision of this
Article is for any reason held to be unconstitutional or otherwise invalid, such
holding shall not affect the validity of the remaining sections, sentences, clauses,
phrases, words or other provisions of this Article or the validity of this Article as
an entirety, it being the legislative intent that this Article shall stand
- 18 -
notwithstanding the invalidity of any section, sentence, clause, phrase, word or
other provision.
- ction 3. hat, until such date, if any, that is established by the City Council
pursuant t• the provisions of Section 8(b) below, no application for approval of a medical
marijuana bu • ' ss in the City shall be accepted by the City except applications for the licensing
of medical 4 • .juana businesses that were established in the City and that commenced
operations . or •- fore the effective date of this Ordinance.
Section 4. 'hat any owner or operator of a medical marijuana business that was
esta3lished and co•' enced operations in the City prior to the effective date of this Ordinance
shall, on or befo "e April 30, 2010, submit an application for a license under the provisions of
Sectio 15 -45 of the City Code as enacted by the adoption of this Ordinance, whether or not
such o er ,ii operator has previously obtained any other license or permit related to such
business. , : . d application shall be submitted to the City in the same business name and owner's
name as • -ar on any other license or permit previously issued to such business by the City. If
such ap icati'n is for a location different than the present location of the medical marijuana
busine said 1. ation must be consistent with the zoning requirements contained in Ordinance
No. 0. 6, 2010, an if the application is approved by the City, the establishment of the medical
marij ana business at such new location shall be subject to all relevant provisions and
req rements of th- Land Use Code.
Secti. 5. Any person owning or operating such a medical marijuana business in the
City , o : is to submit an application as required in Section 4 above, on or before April 30,
2010, s . 1, as of 12:00 a.m. on May 1, 2010, immediately cease operating said business until
such f e, i .t all, that a new opportunity to submit an application for a license is made available
by . City Co • cil under Section 7 below and such license has been issued by the City.
.ection 6. That any person who submits an application for a medical marijuana
business • - Section 4 above and is denied the issuance of such license for any reason other
than fail - to meet a location requirement contained in Section 15 -454 of the City Code, as
enact-4 by • e adoption of this Ordinance, shall, immediately upon receipt of such notice of
de • . , cease o. -rating said business. For the purpose of this provision, notice of denial shall be
•' emed to have been received ten (10) days from the date of mailing of the notice.
Section . That any medical marijuana business that was established and commenced
ope : tions • the City on or before the effective date of this Ordinance and whose application for
licens . , is timely filed under Section 4 above and is approved by the City shall be issued a one -
ye. •r. isional license and shall be subject to all of the provisions of Chapter 15, Article XVI of
- City . • e, as enacted by the adoption of this Ordinance, except that:
(a the location requirements contained in Section 15 -454 shall not be applicable to
uch mess pending further action by the City Council by ordinance; and
- 19 -
(b) applicants for issuance of such licenses shall not be required to pay the annual
license ee required under Section 15 -457 as enacted by the adoption of this Ordinance, until
such tim-, if at .11, that the City Council confirms by ordinance, after receiving the report and
recomme rati on of the City Manager as required in Section 8 below, that the medical marijuana
business fo ich a particular provisional license has been issued shall be permitted to remain
in operati / its current location. All medical marijuana businesses approved by the City
Council - their present locations shall then be issued a non - provisional license for the remainder
of the t=' of the provisional license, upon payment of the annual license fee.
Section 8. That the Ci Ma er is hereby directed to present for the City Council's
consideration, on or before gust 1, 2010, recommendations as to the following:
a. whether to make the above referenced location requirements applicable to medical
marijuan sine s that were established and commenced operations before the effective date
of this Ordin ce; and
b. en, if at all, the City should begin accepting applications for medical marijuana
businesse at were not established and in operation on or before the effective date of this
Ordin e.
S- lion !. The knowing failure to cease operation of a medical marijuana business in
violation o "ection 5 or 6 of this Ordinance shall constitute the commission of a misdemeanor
criminal .. `' : se by the licensee and manager of the medical marijuana business, punishable as
provide. in Section 1 -15 of the City Code.
troduced considered favorably on first reading, and ordered published this 2nd day of
March, A.D. 2010, and to be presented for final passage on the 16th day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk
- 20 -
Passed and adopted on final reading on the 16th day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk
-21 -
ORDINANCE NO. 026, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AMENDMENTS TO THE CITY LAND USE CODE
RELATING TO MEDICAL MARIJUANA
WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the
City Council enacted the Fort Collins Land Use Code (the "Land Use Code "); and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the
Land Use Code and identified and explored various issues pertaining to the distribution
of medical marijuana in the City as they relate to the Land Use Code, and have made
recommendations to the Council regarding such issues; and
WHEREAS, the City Council has determined that the recommended Land Use
Code amendments relating to medical marijuana dispensaries and related facilities are in
the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended to
read as follows:
1.3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with an application for approval of an
overall development plan, a project development plan, a final plan or any
amendment of the foregoing, and upon the petition of the applicant or on
the Director's own initiative, the Director (or the Planning and Zoning
Board as specifically authorized in subparagraphs (66) and (67) below)
may add to the uses specified in a particular zone district any other similar
use which conforms to all of the following conditions:
(1) Such use is appropriate in the zone district to which it is added;
(2) Such use conforms to the basic characteristics of the zone district and the
other permitted uses in the zone district to which it is added;
(3) Such use does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental impacts,
adverse impacts on public or quasi - public facilities, utilities or services,
adverse effect on public health, safety, morals or aesthetics, or other
adverse impacts of development, than the amount normally resulting from
the other permitted uses listed in the zone district to which it is added;
1
(4) Such use is compatible with the other listed permitted uses in the zone
district to which it is added;
(5) Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility.
(.6) Such use is not specifically listed by name as a prohibited use in the zone
district to which it is added, or if such use is prohibited, the proposed use
is specific to the proposed site, is not considered for a text amendment
under paragraph (B) below, and is specifically found by the Planning and
Zoning Board to not be detrimental to the public good and to be in
compliance with the requirements and criteria contained in Section 3.5.1;
(67) Such use is not specifically listed as a "Permitted Use" in Article 4 and the
proposed use is specific to the proposed site, is not considered for a text
amendment under paragraph (B) below, and is specifically found by the
Planning and Zoning Board to not be detrimental to the public good and to
be in compliance with the requirements and criteria contained in Section
3.5.1. (See Section 2.9 for the procedures for text amendments.)
Section 2. That Section 3.8.3 (10) of the Land Use Code is hereby amended
by the addition of a new subparagraph (h) which reads in its entirety as follows:
(10) A home occupation shall not be interpreted to include the following:
(h) medical marijuana dispensaries or medical marijuana cultivation facilities,
except that those dispensaries that were issued a home occupation license
by the City prior to December 11, 2009 may continue to operate as an
office use for two (2) years from the date of issuance of such license,
provided that no medical marijuana in any form is kept on the premises
and further provided that there is no cultivation of marijuana plants on the
premises.
Section 3. That Section 3.8.3(11) of the Land Use Code is hereby amended to
read as follows:
(11) A home occupation shall be permitted only after the owner or
inhabitant of the dwelling in which such occupation is conducted has
obtained a home occupation license from the city. The fee for such a
license shall be the fee established in the Development Review Fee
Schedule, and the term of such license shall be two (2) years. At the
end of such term, the license may be issued again upon the
submission and review of a new application and the payment of an
additional fee. If the city is conducting an investigation of a violation
2
of this Land Use Code with respect to the particular home occupation
at the time such renewal application is made, the license will not be
reissued until the investigation is completed, and if necessary, all
violations have been corrected. The term of the previous license shall
continue during the period of investigation. The Director may revoke
any home occupation license issued by the City if the holder of such
license is in violation of any of the provisions contained in
subsections (1) through (8) or 10(h) of this Section, provided that the
holder of the license shall be entitled to the administrative review of
any such revocation under the provisions contained in Chapter 2
Article VI of the City Code.
Section 4. That the table contained in Section 4.16(B)(2)(C) of the Land Use
Code is hereby amended to read as follows:
Land Use Old City Canyon Civic Center
Center Avenue
C :COMIRCIAL.RETAIL :.
Medical marijuana dispensary , BDR BDR BDR
Section 5. That Section 4.17(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana dispensary:
Section 6. That Section 4.18(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana dispensary.
Section 7. That Section 4.19(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) Commercial/Retail Uses:
1. Medical marijuana dispensary.
Section 8. That Section 4.20(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
3
(f) Commercial/Retail Uses:
1. Medical marijuana dispensary.
Section 9. That Section 4.21(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f), Commerc aURetail Uses:
1. ` Medical marijuana dispensary.
Section 10. That Section 4.22(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) CommerciaURetail Uses:
1. Medical marijuana dispensary.
Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended
by the addition of a new subparagraph (f) which reads in its entirety as follows:
(f) Industrial uses:
1. Medical marijuana cultivation facility.
Section 12. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of the following new definitions which read in their entirety as follows:
Medical marijuana cultivation facility or cultivation facility shall mean a
building, structure or premises used for the cultivation or storage of medical marijuana
that is physically separate and off -site from any medical marijuana dispensary and that is
designated as part of the premises of a medical marijuana dispensary licensed pursuant to
Chapter 15, Article XVI of the City Code.
Medical marijuana dispensary or dispensary shall mean a property or structure
used to sell, distribute, transmit, give, dispense or otherwise provide marijuana in any
manner to patients or primary caregivers ' pursuant to the authority contained in
Amendment 20 to the Colorado Constitution and the implementing state statutes and
administrative regulations.
4
Introduced, considered favorably on first reading, and ordered published this 2nd
day of March, A.D. 2010, and to be presented for final passage on the 16th day of March,
A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 16th day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk
5