HomeMy WebLinkAbout08204ORDINANCE NO. 8204
AN ORDINANCE RE-EXTENDING A TEMPORARY
MORATORIUM ON THE SUBMISSION, ACCEPTANCE,
PROCESSING, AND APPROVAL OF ANY APPLICATION
FOR CITY OF PUEBLO PERMIT OR LICENSE RELATED
TO THE OPERATION OF A BUSINESS THAT SELLS
MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY
GRANTED BY ARTICLE 18, SECTION 14 OF THE
COLORADO CONSTITUTION; DIRECTING THE PROMPT
INVESTIGATION OF THE CITY'S REGULATORY
AUTHORITY OVER SUCH BUSINESSES; AND
DECLARING THE INTENTION OF THE CITY COUNCIL TO
CONSIDER THE ADOPTION OF APPROPRIATE
REGULATIONS WITH RESPECT TO SUCH BUSINESSES
IF PERMITTED BY LAW
WHEREAS, at the November 2000 general election, the voters of the State of
Colorado adopted Amendment 20 to the Colorado Constitution ("Article XVIII Section
14") which authorizes and limits the sale of medical marijuana for use in the treatment of
debilitating medical conditions; and
WHEREAS, the City Council has been made aware that staff has received
inquiries from persons that are interested in opening and operating businesses that
would offer medical marijuana for sale; and
WHEREAS, the City has no current land use or business regulation governing the
operation of businesses or cooperatives that offer medical marijuana for sale and/or
distribution ("Medical Marijuana Dispensaries"); and
WHEREAS, by Ordinance No. 8095, the City Council previously imposed a ninety
(90) day moratorium on the submission, acceptance, processing, and approval of all
applications for City permits and licenses relating to the operation of Medical Marijuana
Dispensaries in order to allow the City staff and the City Council to investigate the City's
ability to regulate such businesses, and to develop and implement any appropriate
regulations; and
WHEREAS, by Ordinance No. 8128, the City Council extended the ninety (90)
day moratorium to June 1, 2010 in order that the City develop regulations consistent with
any statutes adopted by the General Assembly in its 2010 session; and
WHEREAS, legislation regulating Medical Marijuana Dispensaries has been
introduced in the 2010 Legislative Session and will provide for regulation of such
caregivers and dispensaries on a statewide basis; and
WHEREAS, the 2010 Colorado General Assembly has actively debated various
bills regulating Medical Marijuana Dispensaries during the 2010 Legislative Session, but
as of the date of preparation of this Ordinance, has still not passed a bill through both
houses; and
WHEREAS, the City cannot enact effective land use regulations, licensing, and
other regulations regarding Medical Marijuana Dispensaries until the 2010 Colorado
General Assembly provides some guidance by enacting a statute regulating Medical
Marijuana Dispensaries or cedes the area to local control; and
WHEREAS, it is desirable that any City land use and business regulation of
Medical Marijuana Dispensaries be consistent with any state statutes enacted during the
2010 Legislative Session; and
WHEREAS, City Council anticipates that the 2010 General Assembly will enact a
statute regulating Medical Marijuana Dispensaries by May 12, 2010; and
WHEREAS, an extension of the moratorium to and until July 27, 2010 is a reason-
able length of time and no longer than necessary for the City to properly investigate,
develop, and, if appropriate, adopt and implement any regulations with respect to
Medical Marijuana Dispensaries which will be consistent with new legislation; and
WHEREAS, scheduling certain steps toward the adoption of City ordinances to
zone, license and regulate Medical Marijuana Dispensaries will expedite and facilitate
the adoption of such ordinances; and
WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly
prejudiced by the extension of such moratorium.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
that:
SECTION 1.
The above and foregoing recitals are incorporated herein by reference and
adopted as findings and determinations of the City Council.
SECTION 2.
Upon the adoption of this Ordinance, the moratorium imposed by Ordinance No.
8095 and previously extended by Ordinance No. 8128 is continued and extended upon
the submission, acceptance, processing, and approval of all applications for permits and
licenses by the City of Pueblo related to a Medical Marijuana Dispensary. The City staff
and the City Planning and Zoning Commission are directed to refuse to accept for filing,
and not to process or review, any such new applications for such businesses during the
moratorium period, as extended.
SECTION 3.
City Council, the Pueblo Planning and Zoning Commission, and City staff shall
take the following steps toward the adoption of ordinances to zone, license, and regulate
Medical Marijuana Dispensaries according to the following schedule:
By May 31, 2010: the Pueblo Planning and Zoning Commission shall conduct
work sessions to formulate suitable ordinances to zone, license, and regulate Medical
marijuana Dispensaries;
By June 16, 2010: the Pueblo Planning and Zoning Commission shall conduct a
special meeting to adopt recommendations to City Council for the adoption of suitable
ordinance to zone, license, and regulate Medical marijuana Dispensaries;
By July 9, 2010: the City Manager and City staff, working with the City Attorney,
shall prepare and report to City Council ordinances to zone, license, and regulate
Medical Marijuana Dispensaries for consideration by the City Council, which shall be
consistent with any legislation adopted by the 2010 General Assembly.
By July 12, 2010: City Council shall conduct first reading on ordinances to zone,
license, and regulate Medical marijuana Dispensaries; and
By July 26, 2010: City Council shall pass such ordinances as it deems necessary
to zone, license, and regulate Medical marijuana Dispensaries;
SECTION 4.
The City Council hereby finds, determines, and declares that this Ordinance is
necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the order, comfort and convenience of the City of Pueblo and the
inhabitants thereof.
SECTION 5.
The City Council hereby finds, determines and declares that it has the power to
adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling
Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning
municipal zoning powers); (iii) Section 31-15-103, C.R.S. (concerning municipal police
powers); (iv) Section 31-15-401, C.R.S. (concerning municipal police powers); (v)
Section 31-15-501 (concerning municipal power to regulate businesses); (vi) the
authority granted to home rule municipalities by Article XX of the Colorado Constitution;
and (vii) the powers granted in the Pueblo Charter.
SECTION 6.
Pursuant to Section 3-20 of the Charter, the Council finds, determines and
declares that passage of this Ordinance is necessary for the immediate preservation or
protection of the public health, property and safety in order to prevent a person from filing
an application for a City permit or license relating to the operation of a Medical Marijuana
Dispensary until the City has had a reasonable opportunity to determine: (i) the extent of
the City's regulatory authority over such businesses; and (ii) what regulations, if any,
should be imposed by the City upon such businesses, consistent with state law. Failure
to immediately impose the extended moratorium provided for in this Ordinance will
potentially allow acquisition of certain rights with respect to Medical Marijuana
Dispensaries before the City Council has had the reasonable opportunity to consider
appropriate regulations thereof.
SECTION 7.
This Ordinance shall be effective immediately upon adoption. The moratorium
imposed by this Ordinance shall commence as of the date of the adoption of this
Ordinance, and shall expire at 12:01 a.m. MST on July 27, 2010, unless repealed prior to
that date.
INTRODUCED: May 10, 2010
BY: Chris Kaufman /COUNCILPERSON
PASSED AND APPROVED: May 24, 2010
Background Paper for Proposed
ORDINANCE
DATE:AGENDA ITEM # R-6
May 10, 2010
DEPARTMENT:
City Manager, Jerry M. Pacheco
Law Department
Thomas J. Florczak, City Attorney
TITLE:
AN ORDINANCE RE-EXTENDING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY
APPLICATION FOR CITY OF PUEBLO PERMIT OR LICENSE RELATED TO THE
OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA PURSUANT TO
THE AUTHORITY GRANTED BY ARTICLE 18, SECTION 14 OF THE COLORADO
CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE CITY'S
REGULATORY AUTHORITY OVER SUCH BUSINESSES; AND DECLARING THE
INTENTION OF THE CITY COUNCIL TO CONSIDER THE ADOPTION OF
APPROPRIATE REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF
PERMITTED BY LAW
ISSUE:
Should Council adopt an Ordinance extending the temporary moratorium on City license
and permit applications which involve Medical Marijuana Dispensaries to July 27, 2010?
RECOMMENDATION:
The City Manager and Law Department recommend adoption of the Ordinance.
BACKGROUND:
An initiated statewide measure in 2000, adopting Article 18, Section 14 of the Colorado
Constitution, provided for medical use of marijuana for "debilitating medical conditions,"
as defined in the amendment and authorized possession of marijuana by both persons
suffering from such conditions and their "primary care givers," also defined in the
amendment. The amendment further provided for the Colorado Department of Public
Health and Environment ("CDPHE") to establish a registry of patients and issue registry
identification cards. The CDPHE has recently promulgated regulations establishing the
registry and the number of registered medical marijuana patients has increased rapidly.
Based upon the foregoing, Medical Marijuana Dispensaries have begun to be
established in cities and towns throughout the State. Surprised by these new
businesses, local communities have taken a variety of approaches, from outright bans,
to various levels of regulation, to no action.
Inquiries have been made to City staff from persons interested in operating Medical
Marijuana Dispensaries in Pueblo, and it is appropriate for City Council to develop and
adopt, as a matter of policy, the regulatory approach that should be taken in Pueblo.
In order to allow time to do so, on October 26, 2009 Council adopted Ordinance No.
8095 imposing a 90-day moratorium on issuance of City licenses and permits that could
be construed as authorizing such facilities. On December 28, 2009, City Council
extended the moratorium to June 1, 2010 in order to allow the development of City
regulations to be consistent with legislation anticipated in the 2010 legislative session to
regulate Medical Marijuana Dispensaries on a state-wide basis. However, as of this
date, the general Assembly has not passed a bill regulating Medical Marijuana
Dispensaries through both houses.
In order to ensure that the regulatory approach to be taken by Pueblo is consistent with
any new statutory requirement, it is now necessary that Pueblo further delay adoption of
its requirements for a short period after adoption of new statutory requirements, which
would occur prior to adjournment of the General Assembly on May 12, 2010.
The Ordinance before Council would extend that moratorium on applications for permits
and licenses related to Medical Marijuana Dispensaries to and until July 27, 2010, to
allow for consideration of appropriate ordinances by the Planning and Zoning
Commission and City Council.
FINANCIAL IMPACT:
Unable to determine.