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HomeMy WebLinkAbout11948RESOLUTION NO. 11948 A RESOLUTION ELECTING TO USE A HEARING OFFICER AS THE MEDICAL MARIJUANA LICENSING AUTHORITY FOR THE CITY AND NAMING THE PRESIDING MUNICIPAL JUDGE AS THE HEARING OFFICER WHEREAS, the City has adopted an ordinance, now codified as §§11-10-101 et seq., Pueblo Municipal Code, as amended, to license and regulate medical marijuana facilities in the City; and WHEREAS, §11-10-201, Pueblo Municipal Code, as amended, provides that City Council may elect to appoint either an individual hearing officer or a Board as the Medical Marijuana Licensing Authority for the City; and WHEREAS, City Council has elected to appoint a hearing officer, rather than a Board, as the Medical Marijuana Licensing Authority; and WHEREAS, City Council reposes special trust and confidence in the knowledge, skills, and abilities of the Presiding Judge of the Municipal Court in and for the City of Pueblo, and desires to appoint said judge as the hearing officer to serve as the City's Medical Marijuana Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Medical Marijuana Licensing Authority shall be a hearing officer, rather than a Board. SECTION 2. The Presiding Judge of the Municipal Court in and for the City of Pueblo is hereby appointed as hearing officer to serve as the City's Medical Marijuana Licensing Authority pursuant to §11-10- 201, Pueblo Municipal Code, as amended, during the duration of his appointment as a Municipal Judge. SECTION 3. This Resolution shall be effective upon its final passage and approval. INTRODUCED: July 26, 2010 BY: Judy Weaver /COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: July 26, 2010AGENDA ITEM # M-1 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE: A RESOLUTION ELECTING TO USE A HEARING OFFICER AS THE MEDICAL MARIJUANA LICENSING AUTHORITY FOR THE CITY AND NAMING THE PRESIDING MUNICIPAL JUDGE AS THE HEARING OFFICER ISSUE: Should Council adopt a Resolution electing to use a hearing officer, rather than a Licensing Board, as the Medical Marijuana Licensing Authority for the City and appointing the Presiding Municipal Judge as the hearing officer? RECOMMENDATION: The Law Department recommends adoption of the Ordinance. BACKGROUND: On May 11, 2010, the Colorado General Assembly passed HB 10-1284, which authorizes and recognizes the authority of cities to enact ordinances regulating and licensing medical marijuana facilities and medical marijuana. If the City adopts an ordinance licensing and regulating medical marijuana facilities in the City, the City will need either a Board or a hearing officer to handle hearings on applications for licenses and sanctions against errant licensees. City Council has indicated that, at least initially, the licensing of medical marijuana facilities should be handled by an individual hearing officer, rather than a Board. The Presiding Judge of the Pueblo Municipal Court has the knowledge, skills and abilities to act as the Medical Marijuana Licensing Authority for the City and has indicated that he is willing to accept this responsibility. FINANCIAL IMPACT: Unable to determine.