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.