HomeMy WebLinkAbout08244ORDINANCE NO. 8244
AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION THERETO OF A
NEW CHAPTER 10 PERTAINING TO THE LICENSING
AND REGULATION OF MEDICAL MARIJUANA
FACILITIES, ESTABLISHING A MEDICAL MARIJUANA
LICENSING AUTHORITY, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF
WHEREAS, On November 7, 2000, the voters of the State of Colorado approved
Amendment 20. Amendment 20 added §14 of Article 18 to the Colorado Constitution,
and created a limited exception from criminal liability under Colorado law (as opposed to
federal law) for seriously ill persons who are in need of marijuana for specified medical
purposes and who obtain and use medical marijuana under the limited, specified
circumstances described in Amendment 20; and
WHEREAS, the intent of Amendment 20 was to enable certain specified persons
who comply with the registration provisions of the law to legally obtain, possess,
cultivate, grow, and use marijuana without fear of criminal prosecution under Colorado
(as opposed to federal) law; and
WHEREAS, despite the adoption of Amendment 20, marijuana is still a controlled
substance under Colorado and federal law. As a result, making it legal for a person to
obtain, possess, cultivate, grow, use and distribute marijuana, even for medical use as
contemplated by Amendment 20, has the potential for abuse that should be closely
monitored and regulated by local authorities to the extent possible; and
WHEREAS, if not closely monitored and regulated, the presence of marijuana,
even for the purposes legally permitted by Amendment 20, can cause an increase in
illegal activities within the City affecting the health, safety, order, comfort, convenience
and general welfare of the residents of the City; and
WHEREAS, if medical marijuana facilities operating pursuant to Amendment 20
were allowed to be established and to operate without appropriate local regulation of
their location, medical marijuana facilities might be established in areas that would be
inconsistent with surrounding uses; or otherwise be detrimental to the public heath,
safety and welfare; and
WHEREAS, 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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
that (brackets indicate matter being deleted; underscoring indicates new matter being
added):
SECTION 1.
Title XI of the Pueblo Municipal Code, as amended, is hereby amended by the
addition of a new Chapter 10, to read as follows:
CHAPTER 10
Medical Marijuana
Article I General
Sec. 11-10-101. Findings and purpose.
City Council finds that the cultivation, possession, sale and use of
medical marijuana may be harmful to public health, safety, and welfare if
not carefully regulated. This Chapter is designed to protect public health,
safety, and welfare from the potential adverse effects of medical marijuana,
while permitting medical marijuana to be cultivated, possessed, sold, and
used in accordance with law. City Council further finds and declares that
the subject matter of this Chapter is a matter of local and municipal
interest.
Sec. 11-10-102. Incorporation of general licensing provisions.
The provisions of Chapter 1, Title IX, Pueblo Municipal Code shall
apply to this Chapter except where they may be inconsistent with the
provisions of this Chapter.
Sec. 11-10-103. Definitions.
The following definitions shall apply throughout this Chapter:
(a) The definitions contained in Article XVIII, Section 14, Colorado
Constitution and C.R.S. §12-43.3-104 shall apply to this Chapter except
where the ordinance provides a different definition or the context of this
Chapter makes it clear that the statutory or constitutional definition does
not apply.
(b) : means all areas that the licensee has a
Adjacent Grounds
right to possess by virtue of his ownership or lease, which are outside the
enclosed licensed premises, but adjacent and contiguous to the licensed
premises, including but not limited to porches, patios, decks, entryways,
lawns, parking lots, and similar areas and all fixed and portable things in
those areas, including but not limited to lights, signs, speakers, and
security devices.
(c) : means to find that the requirements for a
Approve a License
license have been met, but does not give the applicant the right to operate
a medical marijuana facility until the license is issued.
(d) means the Pueblo Medical Marijuana Licensing
Authority:
Authority, which may be either an individual hearing officer or a Board.
(e) : includes all aspects of a person's
Character and Record
character and record, including but not limited to moral character, criminal
record, serious traffic offenses, record of previous sanctions against liquor
licenses, gambling licenses, or medical marijuana licenses, which the
person owned, in whole or in part, or in which the person served as a
principal, manager, or employee; education, training, experience, civil
judgments, truthfulness, honesty, and financial responsibility. The
conviction of any person for any offense, shall not, in itself, be grounds for
a finding of bad character and record if such person demonstrates that he
has been rehabilitated.
(f) : means a document filed with the Authority by the
Complaint
City, any of its Departments, or the Authority itself, seeking sanctions
against a medical marijuana license.
(g) means located within the same building as the
Contiguous:
medical marijuana center, located in a separate building on the same parcel
of land as the medical marijuana center, or located in a separate building
on a separate parcel of land that is adjacent to and shares at least fifty
percent (50%) of a common lot line with the lot on which the medical
marijuana center is located
(h) means any person lending, paying, or providing
Creditor:
funds, directly or indirectly, to pay any part of the costs of: (a) operating
the medical marijuana facility, including but not limited to the costs of rent,
mortgage payments, utilities, debt payments, supplies, product, equipment,
advertising, vehicles, salary, and wages; or (b) purchasing an ownership
interest, in any form, in the licensee business.
(i): means the licensee's or proposed licensee's
Employee
employees.
(j): means
Harm or Harmful to Public Health, Safety or Welfare
any matter that adversely affects the health, safety, or welfare of any
person or group of persons within the City of Pueblo or any adjacent
community, including but not limited to matters related to crime, lighting,
security, traffic, graffiti, loitering, litter, parking, and noise. A showing of
actual harm shall not be required and a showing of potential or threatened
harm shall be sufficient. Any violation of any criminal statute or ordinance
is per se substantially harmful to public health, safety, and welfare, without
any showing of actual or threatened harm. The mere possession,
advertising, sale, cultivation, processing, smoking, or ingestion of medical
marijuana and medical marijuana infused products, when performed
lawfully, shall not in itself be considered harmful to public health, safety,
and welfare.
(k): means any area that the public may generally enter,
In Public
including any business open to the public. The term includes the licensed
premises and the adjacent grounds. The term includes persons in motor
vehicles located in a public place
(l) : means to finalize the license after a previous
Issue a License
approval of the license, and may or may not occur after approval of the
license, depending on any completions, inspections, approvals, or
conditions that the Authority may require to be satisfied before issuance.
Issuance gives the licensee the right to operate a medical marijuana
facility, provided that the licensee also obtains a State license.
(m) means the person or entity holding a medical
Licensee:
marijuana license under this Chapter.
(n): means the area inside a building in which
Licensed Premises
the cultivation, manufacture, processing, infusion, possession, weighing,
display, packaging, sale, and exchange of medical marijuana or marijuana
infused products is licensed under this Chapter.
(o) : except where the context
Marijuana or Medical Marijuana
clearly indicates otherwise, means growing marijuana plants, harvested
marijuana in any state, and medical marijuana infused products of all
kinds.
(p): means a medical marijuana center,
Medical Marijuana Facility
an optional premises cultivation operation, or a medical marijuana infused
products manufacturing operation.
(q): means any of the licenses
Medical Marijuana License
described in Section 11-10-302, Pueblo Municipal Code, as amended.
(r): means any medical marijuana
Medical Marijuana Card
registration card issued to any patient or primary caregiver by the State of
Colorado.
(s): means the matters described in Section
Operate or Operation
11-10-307(a)(3) and (a)(4), Pueblo Municipal Code, as amended.
(t): means a person with a debilitating medical condition
Patient
who has received a recommendation from a licensed physician to use
medical marijuana and who has received a medical marijuana card from the
State.
(u): when used as a verb means to:
Permit
(1) participate in or contribute to an act, conduct or
omission;
(2) consent to or condone an act, conduct or omission;
(3) know or have reason to know that an act, conduct, or
omission is or may be occurring, or probably will occur unless steps
are taken to prevent the same, and failing to take reasonable steps to
halt, thwart or prevent the same; or
(4) ignore, avoid knowledge or notice of, or turn a blind eye
to an act, conduct or omission that may be occurring.
(v) : means any natural person and any entity.
Person
(w) : means:
Principal
(1) In the case of any entity, including any general or limited
partnership, corporation, limited liability company, or other entity:
any person who has a 5% or greater interest in the ownership of the
entity, and any person who has the day to day authority to or actually
does manage the entity's finances.
(2) In the case of a corporation: the persons described for
any entity in Subsection (w)(1) of this Section and the president,
vice-president, secretary, chief executive officer, chief financial
officer, and any person who holds 5% or more of the capital stock of
the corporation.
(3) In the case of a limited liability company: the persons
described for any entity in Subsection (w)(1) of this Section and any
member of the limited liability company.
(4) In the case of a sole proprietorship, the individual
owner.
(x): means any driving offense carrying
Serious Traffic Offense
eight points or more under C.R.S. §42-2-127 or the substantial equivalent of
such offense in any other State.
Sec. 11-10-104. Time.
In calculating any period of time prescribed or allowed under this
Chapter, the day of the act or event from which the designated period of
time begins to run shall not be included. The last day of the period so
computed shall be included, even if it is a Saturday, Sunday, or legal
holiday, unless the prescribed time period is ten (10) days or less.
Sec. 11-10-105. Certain confidential matters not public records.
(a) The following matters contained in the files and records of the
Authority and the City shall be confidential and shall not be public records:
(1) The location of any optional premises cultivation
operation;
(2) The records described in Section 11-10-319(a)(b),
Pueblo Municipal Code, as amended;
(3) The results of the inspection of books, records and
audits conducted under Section 11-10-320, Pueblo Municipal Code,
as amended;
(4) The results of inspections conducted under Section 11-
10-321, Pueblo Municipal Code, as amended; and
(5) Responses to requests for information made under
Section 11-10-322, Pueblo Municipal Code, as amended.
(6) The names of patients and primary caregivers and any
record of the products they order or purchase from licensees;
(b) The confidentiality of the matters described in Subsection (a)
of this Section shall not prevent any City or State employee from accessing
and reviewing such records if necessary or desirable as part of their
assigned duties.
Sec. 11-10-106. No private duties, cause of action or remedies.
Nothing contained in this Chapter shall be construed as creating,
directly or indirectly, any duty between private persons, a private cause of
action, or any private legal remedy.
Sec. 11-10-107. Construction and severability.
Any court of competent jurisdiction construing or applying this
Chapter shall seek a saving construction and application that makes the
provisions of this Chapter constitutional. In the event that any court of
competent jurisdiction determines that any provision in this Chapter
violates any constitutional right, despite the court's saving construction
and application, the Court shall strike the offending provision only and
sever the same from the remainder of this Chapter, which shall remain
valid and effective.
Article II Medical Marijuana Licensing Authority
Sec. 11-10-201. Licensing authority.
City Council may by resolution appoint as the Medical Marijuana
Licensing Authority either an individual hearing officer or a Board.
Sec. 11-10-202. Members of Board.
(a) If City Council chooses to appoint a Board as the Authority,
the Board shall consist of five (5) members, all of whom shall be residents
of the City, to be appointed by the City Council by resolution. Four (4)
members shall be initially appointed for staggered terms expiring on the
first day of August as follows: one (1) member for a one-year term, one (1)
member for a two-year term, one (1) member for a three-year term, and two
(2) members for four-year terms, or in lieu of one (1) member for a four-year
term, a member of the City Council may be appointed for an indefinite term.
Thereafter, each member shall be appointed for a term of four (4) years. At
the Board's first regular meeting and on the anniversary of the first meeting
and each year thereafter, the Board shall appoint one (1) of its members to
act as Chairman of the Board. The City Council shall make an appointment
for any unexpired term in the event a vacancy arises.
(b) Any member of the Board may be removed by the City Council
for nonattendance to duty or for cause. Any member who fails to attend
three (3) consecutive meetings of the Board shall be removed from the
Board, unless the City Council excuses any such absences.
Sec. 11-10-203. Powers of Authority.
(a) The Authority shall have the following powers:
(1) To issue or deny medical marijuana licenses and
renewals of the same within the City.
(2) To impose sanctions on any license issued by the
Authority on its own motion or on complaint by the City for any
violation by the licensee after investigation and public hearing at
which the licensee shall be afforded an opportunity to be heard.
(3) To issue approvals and disapprovals as provided in this
Chapter.
(4) To conduct hearings, grant or deny motions, make
findings and orders, administer oaths, and issue subpoenas to
require the presence of persons and the production of papers,
books, and records necessary to the determination of any hearing
which it is authorized to conduct.
(5) To control the mode, manner and order of all
proceedings and hearings.
(6) To adopt rules, procedures and policies for its own
proceedings.
(7) To adopt rules and polices for filing applications and
requests.
(8) To adopt application forms and submission
requirements, including a requirement that applications, complaints,
and other documents be filed in a digital format approved by the
Authority and to refuse applications, complaints and other
documents not filed in the approved digital format.
(9) To perform any act that the Authority is authorized to
perform under this Chapter.
(10) To perform any other act that may be implied or
necessary to carry out any act that the Authority is authorized to
perform under this Chapter.
(b) In the event that any person, in the immediate presence of the
Authority or within its sight or hearing, while the Authority is in session
during a hearing, commits a direct contempt of the Authority by speech,
gesture, or conduct which disobeys a lawful order of the Authority, shows
gross disrespect to the Authority tending to bring the Authority into public
ridicule, or substantially interferes with the Authority's proceedings, the
Authority may hold such person in contempt. Contemptuous conduct by
any principal, registered manager, or employee shall be imputed to the
licensee.
(c) The Authority may impose the following sanctions for
contempt:
(1) Removal of the person committing the contempt from
the proceedings, the hearing room and its environs;
(2) Public censure, which shall be made a matter of the
licensee's record and may be used as an aggravating factor in
determining any fine, suspension, or revocation;
(3) A prohibition against the individual or licensee
introducing into the record testimony, documents, exhibits, or other
evidence;
(4) An order striking, disregarding and refusing to consider
pleadings, applications, documents, objections, testimony, exhibits,
or other evidence or arguments already introduced by such person;
(5) A fine, enforced by suspension of the license until the
fine is paid;
(6) Default of any motion, complaint, or other action then
pending against the licensee; or
(7) Denial of any application by the licensee then pending
before the Authority.
Sec. 11-10-204. Quorum and majority vote.
If City Council appoints a Board to act as the Authority, a majority of
the Board shall constitute a quorum for the conduct of its business. All
decisions of the Board shall be by majority vote of the entire Board.
Sec. 11-10-205. Appeal of Authority decisions.
Actions taken by the Authority are subject to review by the Courts
pursuant to Rule 106 of the Colorado Rules of Civil Procedure. Review
must be applied for within thirty (30) days after the date of decision. Any
person applying to the Court for review shall be required to pay the cost of
preparing a transcript of proceedings before the Authority whenever such a
transcript is demanded by the person taking the appeal or when such a
transcript is furnished by the Authority pursuant to the Court order.
Article III Licenses
Sec. 11-10-301. Licenses and permit required.
(a) No person shall operate a medical marijuana facility, unless he
or she has first obtained the following and maintains the same in full force
and effect:
(1) a limited use permit from the City for the location of the
proposed licensed premises;
(2) a City sales and use tax license;
(3) a State sales and use tax license;
(4) a City license for any other business activity that will be
operated on the licensed premises;
(5) Ownership of, or a lease in effect on, the proposed
licensed premises;
(6) A City license to operate any other business that will be
conducted on the licensed premises;
(7) a City license to operate a medical marijuana facility;
and
(8) a State license to operate a medical marijuana facility.
(b) No person may apply for a license to operate a medical
marijuana facility until he or she has first met the requirements stated in (a)
(1) through (6) of this Section.
Sec. 11-10-302. Classes of medical marijuana licenses.
The Authority may issue the following licenses for medical marijuana
facilities, granting the privileges described in Title 12, Article 43.3 C.R.S.,
subject to the requirements, conditions, qualifications, and limitations set
forth in this Chapter:
(a) Medical Marijuana Center License;
(b) Optional Premises Cultivation License; and
(c) Medical Marijuana-Infused Products Manufacturing License.
Sec. 11-10-303. Nature of license.
(a) Every license issued under this Chapter confers only a limited
and conditional privilege subject to the requirements, conditions,
limitations, and qualifications of this Chapter and State law. The license
does not confer a property right of any kind. The license and the privilege
created by the license may be further regulated, limited, or completely
extinguished at the discretion of City Council or the electorate of the City,
as provided in this Chapter, without any compensation to the licensee.
(b) Every license approved or issued under this Chapter shall be
subject to the future exercise of the reserved rights of referendum and
initiative, exercise of the Local Option described in C.R.S. §12-43.3-106, and
any other future ordinances adopted by a vote of the People of the City of
Pueblo or City Council. Nothing contained in this Chapter grants to any
licensee any vested right to continue operating under the provisions of this
Chapter as they existed at the time the license was approved or issued, and
every license shall be subject to any ordinance or prohibition adopted after
the license was approved or issued.
(c) In the event that the People of the City of Pueblo, by a majority
of the registered electors of the City, at a regular or special election, or a
majority of City Council, vote to prohibit by ordinance the licensing and
operation of medical marijuana centers, optional premises cultivation
operations, or medical marijuana infused products manufacturing
operations, within the City of Pueblo, pursuant to C.R.S. §12-43.3-106, then
every license issued or approved under this Chapter, which is prohibited
under such ordinance, shall be deemed void and the operation of any
medical marijuana facility prohibited under the ordinance shall become
illegal on the effective day of the ordinance.
(d) Every license is separate and distinct and is tied to a specific
location with specific conditions. The license cannot be assigned,
delegated, sold, inherited, or otherwise transferred between persons or
transferred to a different location, except as provided in this Chapter. No
licensee shall exercise the privileges of any other license or delegate the
privileges of its own license.
(e) The licenses issued under this Chapter consist of a limited
and conditional privilege to operate a medical marijuana facility, provided
that the licensee also obtains a State license. The license certificate issued
by the Clerk of the Authority is merely evidence that a license was issued
and is not the license itself. Assignment or conveyance of the license
certificate alone does not transfer any right to the license.
Sec. 11-10-304. License and other fees.
(a) Applicants and licensees shall pay the following fees to the
City of Pueblo in addition to any fees payable to the State:
(1) Application Packet for New License (which shall be
credited against the application fee if a complete application is
submitted): twenty-five dollars ($25).
(2) Application for New License:
(a) Medical Marijuana Center: three-thousand four-
hundred seventy-two dollars ($3,472).
(b) Marijuana Infused Products Manufacturing
Operation: three-thousand four-hundred seventy-two dollars
($3,472).
(c) Optional Premises Cultivation License (if
submitted, accepted, processed and heard at the same time as an
application for a Medical Marijuana Center License or Marijuana
infused Products Manufacturing License): zero ($0)
(d) Optional Premises Cultivation License (if not
submitted, accepted, processed, and heard at the same time as an
application for a Medical Marijuana Center License or Marijuana
infused Products Manufacturing License): three-thousand four-
hundred seventy-two dollars ($3,472);
(3) Application for Renewal of License: one-thousand six-
hundred and eighty-four dollars ($1,684).
(4) Application for Transfer of Location: one-thousand
seven-hundred and fifty dollars ($1,750).
(5) Application for Change of Principals or Ownership:
three hundred dollars ($300).
(6) Application for Change in Operational Plan: three
hundred dollars ($300).
(7) Registration of Manager: one hundred dollars ($100).
(8) Application for Modification of Premises: four hundred
dollars ($400).
(9) Report of Minor Change: one hundred dollars ($100).
(10) Late Renewal Fee: five hundred dollars ($500).
(11) License Extension Fee: one hundred fifty dollars ($150)
for each thirty (30) day period or portion thereof.
(b) City Council may approve increases or decreases in the
foregoing fees by resolution.
(c) In addition to the foregoing fees, applicants and licensees
shall pay the reasonable fees of any governmental agency conducting any
investigation, inspection, other licensing, registration, fingerprinting,
approval, or permitting required under the Pueblo Municipal Code, as
amended, State law, or State regulations.
(d) The primary purpose of the fees provided in this Section is to
defray the costs of the particular municipal services provided and not to
defray the costs of the general services of municipal government or to
raise general revenues. The fees provided in this Section are reasonably
related and proportional to the costs of the services provided and do not
generate additional City revenue.
(e) If any license or application is denied, approved but not
issued, lapsed, abandoned, withdrawn, surrendered, suspended, fined,
revoked, or otherwise sanctioned, no part of the fees paid therefor shall be
refunded to the applicant or licensee.
Sec. 11-10-305. Term of license.
Every license shall be valid for one year from the date it is issued
unless the license is earlier revoked.
Sec. 11-10-306. Coordination with State Medical Marijuana Licensing
Authority and State requirements.
(a) The Authority shall inform the State Medical Marijuana
Licensing Authority of its investigations, inspections, and all decisions
approving new licenses, issuing new licenses, imposing conditions on
licenses, renewing licenses, approving major changes in licenses,
information regarding minor changes, and sanctions imposed on licenses.
(b) To the extent that such coordination is reasonably feasible
and efficient, the Authority shall coordinate its investigations and actions
with the State Department of Revenue, but the Authority reserves the right
to act independently and to reach its own findings of fact, findings of law,
and conclusions regarding approvals, issuance, denials, conditions,
renewals, major changes, sanctions of licenses, and any other matter
related to licenses, without regard to the findings of fact, findings of law,
and conclusions that the State may reach regarding the same licenses
based on the same incident or conduct.
(c) In the event that this Chapter requires an applicant or licensee
to obtain a State license, certification, registration or approval, or to meet
some other State requirement that State law or regulations have created,
but under State law or regulations such State license, certification,
registration, approval or requirement is not yet in effect, then the applicant
or licensee may obtain any license provided under this Chapter without
first obtaining the State license, certification, registration or approval, and
without meeting the State requirement, but the applicant or licensee shall
obtain the State license, certification, registration, approval, or meet the
State requirement within thirty (30) days of the date that the same becomes
effective. Failure to obtain any State license, certification, registration,
approval, or meet any State requirement within thirty (30) days of the date
that the State requirement becomes effective under State law or regulations
shall constitute grounds for sanctions, including revocation.
(d) The approval or issuance of a license under this Chapter shall
not constitute a representation by the Authority that the licensee is
qualified for or will receive a State medical marijuana license.
Sec. 11-10-307. Application for medical marijuana license.
(a) An applicant for a medical marijuana license shall submit to
the Authority an application with the following information:
(1) Information required on the application forms
prescribed by the State of Colorado;
(2) Information required on the application forms
prescribed by the Authority, which may require any information,
document or photograph relevant to any requirement for a license
under State law or this Chapter, or relevant to any condition that may
be imposed on the license; and
(3) An operational plan showing how the business, licensed
premises and adjacent grounds will be operated, including but not
limited to:
(a) how and where marijuana or marijuana infused
products will be cultivated, advertised, processed, stored,
packaged, exhibited, purchased, exchanged, and sold;
(b) how the business, licensed premises, and
adjacent grounds will comply with each requirement contained
in State law and City ordinances, especially this Chapter;
(c) how the operation will reduce or mitigate adverse
effects on the area in which it is situated, including but not
limited to any adverse effects related to crime, traffic, parking,
noise, and lighting;
(d) hours of operation;
(e) number of employees;
(f) parking for employees and customers on the
adjacent grounds; and
(g) traffic flow into and out of the adjacent grounds;
(h) record keeping as required under State law and
this Chapter; and
(i) Procedures for identifying patients when making
sales.
(4) A security plan that addresses:
(a) methods to prevent and protect employees,
patients, primary caregivers and others from robberies and
assaults on the licensed premises and adjacent grounds;
(b) methods to prevent burglaries on the licensed
premises and adjacent grounds when the premises are closed;
(c) exterior lighting of the building and adjacent
grounds;
(d) windows from the licensed premises providing a
view from inside the licensed premises to the adjacent
grounds;
(e) locks, burglar alarms and a safe or vault as
required in this Chapter; and
(f) a limited access area barrier, limited access area,
and employee badges for entering the limited access area as
required under state law and this Chapter.
(b) The entire application shall be verified under oath by each
principal in the applicant business. The registered manager and employees
shall verify under oath the portions of the application that pertain to each
of them.
(c) The applicant shall submit to the Authority the original
application and five (5) copies of the application. The Authority shall
provide copies to the Police Department, the Land Use Department, and the
Law Department.
(d) An applicant shall not submit its application, and the Authority
shall not accept the same, until the application is complete with all required
information and necessary documents attached, in clear and legible form,
assembled in good order, and with all required copies. The applicant shall
certify that the application is complete and the Authority or the Authority's
Clerk shall review the application to determine that it appears to be
complete before accepting the same.
(e) The determination by the Authority or its Clerk that the
application appears to be complete shall not constitute any representation
or determination that the application meets the requirements of this
Chapter for approval or issuance of a license. Notwithstanding any
determination that the application appears to be complete, the Authority
may note concerns or deficiencies in the application and its contents in the
Authority's determination and findings after conducting its review
ex parte
of the application as provided in Section 11-10-310.
(f) After an application is accepted as complete, it may be
amended or supplemented in writing before the application is set for
hearing, but each amendment shall be verified under oath by each
principal, and the registered manager and employees shall verify under
oath the portions of any amendment that pertain to each of them. The
applicant shall submit to the Authority the original of each amendment and
five (5) copies of each amendment. The Authority shall provide copies to
the Police Department, the Land Use Department, and the Law Department.
(g) After the application is set for hearing, the application shall
not be amended and the Authority shall rule on the application as it exists
at the time the hearing is set.
Sec. 11-10-308. Requirements to obtain and retain a medical marijuana
license.
In order to obtain a license the applicant shall demonstrate by a
preponderance of the evidence to the Authority that the following
requirements are satisfied:
(a) Requirements for licenses in the transition period between
July 1, 2010 and July 1, 2011.
(1) As to any application for a license accepted before
August 1, 2010, whether or not the applicant was established on or
before July 1, 2010 as defined in C.R.S. §12-43.3-103(1)(a), the
applicant has completed and submitted the forms and paid the fees
to the State Department of Revenue required under C.R.S. § 12-43.3-
103(1)(b) by August 1, 2010.
(2) As to any application accepted after August 1, 2010, but
before July 1, 2011, whether or not the applicant was established on
or before July 1, 2010 as defined in C.R.S. §12-43.3-103 (1)(a), the
applicant demonstrates that it has completed the forms and is
prepared to submit the forms and pay the fees to the State
Department of Revenue within thirty (30) days, as required under
C.R.S. § 12-43.3-103(1)(b).
(3) As to any application for a license accepted before
September 1, 2010, whether or not the applicant was established on
or before July 1, 2010 as defined in C.R.S. §12-43.3-103 (1)(a), the
applicant demonstrates that it is prepared to certify to the State
Department of Revenue, on or before September 1, 2010, that it is
cultivating at least seventy percent (70%) of the medical marijuana
necessary for its operation, as required in C.R.S. §12-43.3-103(2)(b)
(4) As to any application accepted after September 1, 2010,
but before July 1, 2011, whether or not the applicant was established
on or before July 1, 2010, as defined in C.R.S. §12-43.3-103 (1)(a), the
applicant demonstrates that it is prepared to certify to the State
Department of Revenue, by no later than August 1, 2011, that it is
cultivating at least seventy percent (70%) of the medical marijuana
necessary for its operation, as required in C.R.S. §12-43.3-
103(2)(b).The applications for these City licenses may be approved
by the Authority, but shall not be issued until July 1, 2011.
(b) General Requirements.
(1) The applicant has obtained a limited use permit from the
City for the location of the proposed licensed premises;
(2) The applicant has obtained a City sales and use tax
license;
(3) The applicant has obtained a State sales and use tax
license;
(4) The applicant has obtained a City license for any other
business activity that will be operated on the licensed premises;
(5) The applicant has submitted an application for a license
that the Clerk to the Authority has determined is complete; and
(6) The applicant has paid all fees required under this
Chapter.
(c) Personal Requirements for the Licensee, Principals,
Registered Manager and Employees.
(1) The applicant, principals, registered manager, and
employees meet all requirements for issuance of a State license.
(2) The applicant, principals, registered manager, and
employees are all over the age of twenty-one (21).
(3) The applicant, principals, registered manager, and
employees have not been determined by any medical marijuana
licensing authority, any other licensing board within the State, or the
Colorado Department of Revenue to not be persons of good
character and record within the preceding three (3) years.
(4) The applicant, principals, registered manager and
employees have not discharged a sentence for any felony in the five
(5) years immediately preceding the application;
(5) The applicant, principals, registered manager and
employees have never been convicted of a felony pursuant to state
or federal law regarding the possession, distribution, of use of a
controlled substance.
(6) The applicant, the applicant's creditors, principals,
registered manager, and employees are persons of good character
and record.
(7) The applicant, principals and registered manager have
not held an interest in any liquor license, medical marijuana license,
or other license issued by any City, County, or State that has been
revoked, suspended, or fined within the preceding two (2) years.
(8) The applicant, principals, registered agent, creditors,
and employees have not had their authority, if any, to act as a
primary caregiver revoked by the State within the preceding two (2)
years.
(9) The applicant, principals, and employees are not in
default on any City, County, State or Federal taxes, fees, fines, or
charges, do not have any outstanding warrants for their arrest, and
do not have any outstanding liens or judgments payable to the City.
(10) The applicant and principals are not in default on any
student loan.
(11) The applicant, principals, and employees are trained or
experienced in, and able to comply with, the requirements of this
Chapter and State law pertaining to medical marijuana facilities.
(12) The applicant, principals, registered manager, and
employees all hold valid occupational licenses and registrations for
medical marijuana issued by the State of Colorado.
(13) The applicant and principals do not have any orders or
judgments against them for child support in default or arrears.
(14) The applicant and principals are not peace officers or
prosecuting attorneys.
(15) The applicant and principals are not licensed physicians
who recommend medical marijuana.
(16) The applicant and principals do not have an ownership
or financial interest in more than one other license issued in the City
of Pueblo or any other jurisdiction.
(17) If the license or principals already hold one medical
marijuana license in the City of Pueblo, and the application is for
another medical marijuana license of the same class, issuance of the
second license will not significantly restrain competition among
licensees of that class.
(d) Location and other licensing of premises.
(1) The proposed licensed premises and adjacent grounds
meet all requirements for issuance of a State license.
(2) The proposed licensed premises are located in a fixed,
non-portable building.
(3) The premises are not licensed or operated as an
establishment for the sale or service of alcohol beverages as defined
in C.R.S. Section 12-47-103(2), or as a massage parlor, a dance hall,
or an amusement establishment as defined in Chapter 2, Title IX,
Pueblo Municipal Code.
(4) The premises are not licensed or operated as a retail
food establishment or wholesale food registrant.
(5) No medical marijuana license of the same class has
been denied at the location of the proposed licensed premises or at
another location within one thousand (1,000) feet of the proposed
licensed premises, as measured from any wall of the two (2)
proposed licensed premises, within the preceding two (2) years due
to the nature of the use or other concern related to the location.
(e) Control, Security, and Code Compliance of Premises.
(1) The applicant has sole legal control of the proposed
licensed premises at the time the application is submitted, under a
lease that is presently in effect or through present ownership of the
proposed licensed premises.
(2) The proposed licensed premises have a suitable limited
access area where the cultivation, display, storage, processing,
weighing, handling, and packaging of medical marijuana and
marijuana infused products occurs, which is posted "employees
only," and is separated from the areas accessible to the public by a
wall, counter, or some other substantial barrier designed to keep the
public from entering the area.
(3) The applicant has submitted a security plan for the
proposed licensed premises, which has been inspected and
approved by the Police Department, showing at least the following
security measures:
(a) all doors, windows and other points of entry have
secure and functioning locks;
(b) a locking safe or enclosed metallic storage vault
located inside the proposed licensed premises in which any
harvested medical marijuana and medical marijuana infused
products will be secured when the licensed premises are not
open to the public;
(c) if the licensed premises are connected by any
passage or entryway to any other premises, there is a door
between the two premises that can be locked from the licensee
side and cannot be opened from the other side;
(d) a professionally monitored burglar alarm system
that detects unauthorized entry of all doors, windows and
other points of entry to the proposed licensed; and
(e) windows facing the adjacent grounds and lighting
of the adjacent grounds sufficient to ensure that customers
entering and leaving the licensed premises, entering and
exiting parked cars on the adjacent grounds, and walking
across the adjacent grounds can be observed by employees
from inside the licensed premises.
(4) The proposed licensed premises and adjacent grounds
comply with all zoning, health, building, plumbing, mechanical, fire,
and other codes, statutes, and ordinances, as shown by completed
inspections and approvals from the Pueblo Zoning Department,
Regional Building Department, Pueblo Fire Department, and
Regional Health Department.
(5) There is sufficient parking available on the proposed
adjacent grounds given the size of the licensed premises and the
number of employees and customers that can reasonably be
expected to be present at any given time.
(6) The proposed licensed premises and adjacent grounds
of the licensed premises will be operated in a manner that does not
cause any substantial harm to public health, safety and welfare.
(f) Requirements Specific to a Medical Marijuana Center License.
(1) The applicant also obtains an optional premises
cultivation license, which is contiguous to the licensed premises of
the medical marijuana center.
(2) The applicant will cultivate at least seventy percent
(70%) of the marijuana sold or exchanged on the licensed premises.
(g) Requirements Specific to Optional Premises Cultivation
License.
(1) The applicant also holds a medical marijuana center
license or a medical marijuana infused products manufacturer's
license.
(2) The proposed licensed premises are contiguous to the
licensee's licensed premises for a licensed medical marijuana center
or a marijuana infused products manufacturer's operation.
(3) The area of the proposed licensed premises utilized for
cultivation, is equipped with a ventilation system with carbon filters
sufficient in type and capacity to eliminate marijuana odors
emanating from the interior to the exterior discernible by a
reasonable person. The ventilation system must be inspected and
approved by the Pueblo Regional Building Department.
(4) The area of the proposed licensed premises utilized for
cultivation, is sufficiently separated from the area of the premises
open to the public, or a negative air pressure system has been
installed, to prevent pesticides, fertilizers, and other chemicals,
artificial and natural, from moving into the ambient air in the area
open to the public or any adjacent building, and the separation or
negative air pressure system is approved by the Fire Department,
Regional Health Department, and Regional Building Department.
(5) If carbon dioxide will be used in the cultivation area in
the proposed licensed premises, sufficient physical barriers or a
negative air pressure system is in place to prevent carbon dioxide
from moving into the ambient air in any area open to the public or in
any adjacent building in a concentration that would be harmful to
any person, including persons with respiratory disease, as shown by
inspection and approval by the Fire Department and Regional
Building Department.
(6) Walls, barriers, locks, signs and other means are in
place to prevent the public from entering the area of the proposed
licensed premises utilized for cultivation.
(7) No portion of the building in which the proposed
licensed premises are located is utilized as a residence.
(h) Requirements Specific to a Marijuana Infused Product
Manufacturer's License:
(1) The applicant has a contract with a medical marijuana
center, stating the type and quantity of medical marijuana infused
product that the medical marijuana center will buy from the licensee;
(2) The applicant also obtains an optional premises
cultivation license, which is contiguous to the licensed premises of
the medical marijuana center;
(3) The applicant cultivates at least seventy percent (70%)
of the marijuana necessary for its operation; and
(4) The applicant will use marijuana from no more than five
marijuana providers, including its own optional premises cultivation
operation to manufacture its marijuana infused products.
(i) Requirements for Premises That Are Not Completed.
(1) If the proposed licensed premises have not been
completed, inspected, and approved as required in this Chapter at
the time of the hearing for a new license or a hearing on transfer of
an existing license to a new location, the applicant shall submit to
the Authority:
(a) a recorded deed to the licensee showing
ownership of the proposed licensed premises or a lease
showing a right to occupy the proposed licensed premises;
and
(b) plans, specifications, drawings, and other
documents showing that the proposed licensed premises and
adjacent grounds will probably comply with the requirements
of this Chapter when completed and inspected.
(2) The Authority may approve the license before the
proposed licensed premises are completed, inspected and approved,
but shall not issue the license until the licensed premises have been
completed and all inspections and approvals required under this
Chapter have been obtained and submitted to the Authority.
(3) In the event that the licensed is approved, but the
premises are not completed, inspected and approved as required in
this Chapter within one hundred and twenty (120) days of approval,
the approval shall lapse and the license shall not be issued.
(j) Requirements of this Section also apply to licensees;
continuing duty.
(1) The requirements of this Section imposed on any
applicant shall also apply to any licensee. The requirements of this
Section imposed on any proposed licensed premises, proposed
adjacent grounds, or proposed location shall also apply to licensed
premises, adjacent grounds, and actual locations, respectively.
(2) Every licensee and its principals, registered manager,
and employees has a continuing duty to ensure that the
requirements of this Section continue to be met after the license is
issued and at all times that the license remains in effect.
Sec. 11-10-309. Good cause for denial of new license, denial of renewal, or
sanctions.
The Authority may deny a new application, deny renewal of a license,
or impose sanctions on a medical marijuana license previously approved
or issued if the Authority finds, by a preponderance of the evidence at a
hearing, or upon the admission or stipulation of the applicant or licensee,
that any of the following have occurred:
(a) The licensee, principals, manager, employees, the licensed
premises, or the adjacent grounds do not meet or no longer meet one or
more of the requirements of Sections 11-10-301 or 11-10-308 of this
Chapter, any other provision of Pueblo Municipal Code, as amended, State
law, or State regulations;
(b) The licensee has failed to obtain any State license,
certification, registration or approval, or meet any other requirement
imposed by State law or regulations;
(c) The licensee, principals, manager, or employees, have
committed or attempted to commit any violation of any City ordinance,
State statute, or State regulation or have permitted others to violate the
same on the licensed premises or adjacent grounds or on other licensed
premises or adjacent grounds;
(d) The licensed premises have been operated in a way that
substantially deviates from the operational plan approved by the Authority;
(e) The licensed premises or adjacent grounds have been
operated in a way that substantially harms the public health, safety, or
welfare;
(f) A check, credit card, debit card, or other payment for any tax,
fee, fine, fine in lieu, or other sum due to the City from the licensee has
been stopped or rejected for insufficient funds, closed account, or similar
reasons;
(g) Any tax, fee, fine, fine in lieu of suspension, or other sum due
to the City from the licensee is unpaid and more than thirty (30) days in
default; or
(h) The licensed premises have not been operated for more than
one (1) year.
Sec. 11-10-310. Review of application for new license, determination and
findings.
(a) Within thirty (30) days of the date that the Clerk to the
Authority or the Authority itself accepts an application for a new medical
marijuana license as complete, the Authority shall review the application
and issue its determination and findings. The Authority's
ex parteex parte
determination and findings shall:
(1) State that the application appears to show a prima facie
case for approval of a license, state any concerns that the Authority
may have, and direct the applicant to set a hearing under Section 11-
10-311; or
(2) State that the application does not appear to show a
prima facie case for approval of a license, state the deficiencies, and
indicate that the applicant has a right to set the matter for a hearing
under Section 11-10-311.
(b) The Authority shall notify the applicant in writing of its
ex
determination and findings by first class U.S. mail addressed to the
parte
applicant at the address shown on the application.
(c) If the determination provided in this Section states
ex parte
that the application appears to show a prima facie case for approval of a
license, the applicant shall, within twenty (20) days of the date the
Authority mailed its determination and findings to the applicant,
ex parte
pursue one of the following options, and failure to do so shall constitute a
withdrawal of the application:
(1) set the application for a hearing under Section 11-10-311
as provided in Section 11-10-501(f) of this Chapter; or
(2) request from the Authority in writing a continuance of
the setting of the hearing under Section 11-10-311 for no more than
sixty (60) days from the date the Authority mailed its
ex parte
determination and findings to the applicant, in order to satisfy any
concerns stated in the determination and findings, if any.
ex parte
Failure of the applicant to set the application for a hearing within
sixty (60) days the date the Authority mailed its
ex parte
determination and findings to the applicant, in the manner provided
in Section 11-10-501(f) of this Chapter, shall constitute a withdrawal
of the application.
(d) If the determination provided in this Section states
ex parte
that the application does not appear to show a prima facie case for
approval of a license, the applicant shall, within twenty (20) days of date
the Authority mailed its determination and findings to the
ex parte
applicant, pursue one of the following options, and failure to do so shall
constitute a withdrawal of the application:
(1) set the application for a hearing under Section 11-10-311
as provided in Section 11-10-501(f) of this Chapter; or
(2) request from the Authority in writing a continuance of
the setting of the hearing under Section 11-10-311 for no more than
one-hundred and twenty (120) days from the date the Authority
mailed its determination and findings to the applicant, in
ex parte
order to satisfy the deficiencies stated in the determination
ex parte
and findings. Failure of the applicant to set the application for a
hearing within one-hundred and twenty (120) days from the date the
Authority mailed its determination and findings to the
ex parte
applicant, in the manner provided in Section 11-1-501(f) of this
Chapter, shall constitute a withdrawal of the application.
(e) Withdrawal of an application under this Section shall not
constitute a denial of the application under Section 11-10-308(d)(5) and
shall not prevent the applicant from re-submitting its application upon
payment of a new application fee.
(f) The determination and findings made on the Authority’s
ex
review of the application under this Section shall not be binding on
parte
the Authority or any person who has standing at a hearing under Section
11-10-311 of this Chapter, and any matter that the determination
ex parte
and findings state has been met, has not been met, or which the
determination and findings do not address, may be addressed in full at the
hearing.
Sec. 11-10-311. Hearing on application for new license or the denial of a
new medical marijuana license.
(a) Before approving or issuing any medical marijuana license,
and upon request of any applicant whose application has been summarily
denied for failure to show a prima facie case for approval of a
ex parte
license, the Authority shall hold a hearing at which it shall hear evidence
relevant to:
(1) whether the applicant has met the requirements
necessary to obtain a medical marijuana license in Sections 11-10-
301 and 11-10-308, Pueblo Municipal Code, as amended;
(2) whether there is good cause for denial of the license as
defined in Section 11-10-309, Pueblo Municipal Code, as amended;
and
(3) whether conditions should be imposed on the license as
provided in Section 11-10-312, Pueblo Municipal Code, as amended.
(b) The issues at the hearing shall be limited to the foregoing and
shall not include whether persons favor or approve of medical marijuana or
favor or oppose medical marijuana licenses in general.
(c) If the Authority finds at the hearing that the applicant has
shown by a preponderance of the evidence that it has met the requirements
necessary for issuance of a medical marijuana license and that there is no
good cause to deny the license, the Authority shall approve the license or
approve the license with conditions as provided in Section 11-10-312,
Pueblo Municipal Code, as amended. If the licensed premises and adjacent
grounds have been completed, inspected, and approved as provided in this
Chapter, the Authority shall issue the license forthwith. If not, the Authority
shall withhold issuance of the license until the applicant demonstrates that
the licensed premises have been completed in substantial compliance with
the plans, specifications, and drawings previously submitted and
approved, and the licensed premises have been inspected, and approved
as provided in this Chapter. In the event that the licensed premises are not
completed, inspected and approved within one hundred and twenty (120)
days of the approval, the approval shall lapse and the license shall not be
issued.
(d) If the Authority finds at the hearing that the applicant has not
shown by a preponderance of the evidence that it has met the requirements
for issuance of a medical marijuana license or has failed to show by a
preponderance of the evidence that there is no good cause to deny the
license, the Authority shall deny the license.
Sec. 11-10-312. Conditions on licenses.
At the time that a new license is first approved, when an existing
license is renewed, at any time that a sanction other than revocation is
imposed, or at any time that the Authority approves a major change to a
license, licensed premises, or adjacent grounds the Authority may impose
on the license, after a hearing, any condition related to the license, licensed
premises, or adjacent grounds, that is reasonably necessary to protect
public health, safety, or welfare, including but not limited to the following:
(1) additional security requirements, including but not
limited to security guards, steel doors, steel window coverings, and
surveillance cameras;
(2) additional record keeping requirements;
(3) limits and requirements on parking and traffic flow;
(4) requirements for walls, doors, windows, locks, and
fences on the licensed premises and adjacent premises;
(5) limits on the number of registered medical marijuana
patients who may patronize the establishment;
(6) limits on the quantity of marijuana that may be sold to a
marijuana infused product manufacturer;
(7) limits on medical marijuana infused products;
(8) requirements and limits on ventilation and lighting;
(9) limits or requirements on areas on the licensed
premises that are closed, locked, or not open to public view;
(10) limits on the products other than medical marijuana and
marijuana infused products that can be sold on the premises;
(11) limits on noise inside the license premises or on the
adjacent grounds;
(12) prohibitions on certain conduct on the premises;
(13) sanitary requirements;
(14) limits on hours of operation;
(15) requirements for screening new and existing
employees;
(16) requirements for identifying medical marijuana patients
and primary caregivers;
(17) a requirement that the licensee temporarily close the
licensed premises to the public until certain changes, inspections, or
approvals are made; and
(18) a limit on the square footage of the licensed premises.
(a) The Authority may impose the foregoing conditions in lieu of
or in addition to any sanctions that it may impose, except where the
sanction is revocation.
(b) Any condition imposed on a license shall be placed on the
face of the license certificate.
Sec. 11-10-313. License certificate; posting of license certificate and
notices on licensed premises.
(a) After the Authority issues a license, the Clerk of the Authority
shall issue to the licensee a certificate evidencing issuance of the license.
The license certificate shall state the date issued, the term of the license,
the name of the licensee, the address of the premises, conditions on the
license, and the following:
THIS LICENSE CONFERS ONLY A LIMITED AND CONDITIONAL PRIVILEGE
SUBJECT TO THE REQUIREMENTS, CONDITIONS, LIMITATIONS, AND
QUALIFICATIONS OF THE PUEBLO MUNICIPAL CODE, AS AMENDED, AND
STATE LAW. THIS LICENSE DOES NOT CONFER A PROPERTY RIGHT OF
NAY KIND. THE LICENSE AND THE PRIVILEGE CREATED BY THE
LICENSE MAY BE FURTHER REGULATED, LIMITED OR COMPLETELY
EXTINGUISHED BY THE CITY WITHOUT ANY COMPENSATION TO THE
LICENSEE. THIS LICENSE IS SUBJECT TO THE FUTURE EXERCISE OF
THE LOCAL OPTION DESCRIBED IN C.R.S. §12-43.3-106 AND OTHER
FUTURE ORDINANCES PASSED BY THE PEOPLE OF THE CITY OF
PUEBLO OR CITY COUNCIL. THE HOLDER OF THIS LICENSE SHALL BE
SUBJECT TO ANY ORDINANCE OR PROHIBITION PASSED AFTER THE
LICENSE WAS APPROVED OR ISSUED. IN THE EVENT THAT THE PEOPLE
OF THE CITY OF PUEBLO, BY A MAJORITY VOTE OF THE REGISTERED
ELECTORS OF THE CITY, AT A REGULAR OR SPECIAL ELECTION, OR A
MAJORITY OF CITY COUNCIL, VOTE TO PROHIBIT BY ORDINANCE THIS
TYPE OF LICENSE AND THE OPERATION OF THIS TYPE OF MEDICAL
MARIJUANA FACILITY WITHIN THE CITY OF PUEBLO, PURSUANT TO
C.R.S. §12-43.3-106, THEN THIS LICENSE SHALL BE VOID AND THE
OPERATION OF THIS MEDICAL MARIJUANA FACILITY SHALL BE ILLEGAL
ON THE EFFECTIVE DAY OF SUCH ORDINANCE.
(b) The licensee shall post the following on the licensed premises
in a prominent place where the public, patients, and primary caregivers can
easily view and read while standing in a location accessible to the public:
(1) The license certificate issued by the State, along with
any conditions on the same.
(2) The license certificate issued by the Authority along
with any conditions on the same.
(3) A notice at least twenty-four (24) inches by twenty-four
(24) inches in letters at least one (1) inch in height, stating:
THIS MEDICAL MARIJUANA LICENSED PREMISES IS MANAGED
BY: (STATE NAME, ADDRESS AND PHONE NUMBER FOR
REGISTERED MANAGER). THE PRINCIPALS IN THIS BUSINESS
ARE AS FOLLOWS: (NAMES)
(4) A notice at least twenty-four (24) inches by twenty-four
(24) inches in letters at least one (1) inch in height, stating:
IF YOU HAVE CONCERNS ABOUT THE WAY THIS MEDICAL
MARIJUANA LICENSED PREMISES IS OPERATED, OR OTHER
ACTIVITY ON THESE PREMISES, PLEASE CONTACT THE PUEBLO
and
POLICE DEPARTMENT AT: 553-2538;
(5) If the Licensee has received any sanction from the
Authority during the preceding five years, a notice at least twenty-
four (24) inches by twenty-four (24) inches in letters at least one (1)
inch in height, stating:
THIS MEDICAL MARIJUANA LICENSE HAS BEEN SANCTIONED BY
THE PUEBLO MEDICAL MARIJUANA LICENSING AUTHORITY
DURING THE PRECEDING FIVE (5) YEARS FOR THE FOLLOWING
MISCONDUCT:
(STATE DATE, VIOLATION, AND SANCTION RECEIVED, LISTING
ALL VIOLATIONS AND SANCTIONS IMPOSED IN THE PRECEDING
FIVE (5) YEARS).
(6) A notice at least thirty (30) inches by thirty (30) inches in
letters at least one (1) inch in height, stating:
THE MEDICAL MARIJUANA, MARIJUANA PLANTS, AND MEDICAL
MARIJUANA INFUSED PRODUCTS SOLD ON THESE PREMISES
ARE CULTIVATED, MANUFACTURED AND PROCESSED WITHOUT
ANY GOVERNMENTAL OVERSIGHT AS TO HEALTH, SAFETY OR
EFFICACY.
THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE
CONSUMPTION OF MEDICAL MARIJUANA AND MEDICAL
MARIJUANA INFUSED PRODUCTS.
THE CHEMICALS, ADDITIVES, PESTICIDES, HERBICIDES, AND
FERTILIZERS, ARTIFICIAL AND NATURAL, USED IN THE
CULTIVATION, PROCESSING, PRODUCTION, AND STORAGE OF
THE PRODUCT ARE LISTED ON THE PACKAGING OF EACH
PRODUCT.
(7) A notice at least thirty (30) inches by thirty (30) inches in
letters at least one (1) inch in height, stating:
THE DIVERSION OF MEDICAL MARIJUANA FOR NON-MEDICAL
PURPOSES IS A VIOLATION OF STATE LAW.
THE USE OF MEDICAL MARIJUANA MAY IMPAIR A PERSON’S
ABILITY TO DRIVE A MOTOR VEHICLE OR OPERATE MACHINERY.
IT IS ILLEGAL UNDER STATE LAW TO DRIVE A MOTOR VEHICLE
OR OPERATE MACHINERY WHILE UNDER THE INFLUENCE OF OR
IMPAIRED BY MARIJUANA.
POSSESSION AND DISTRIBUTION OF MEDICAL MARIJUANA IS A
VIOLATION OF FEDERAL LAW.
SMOKING OR CONSUMING MEDICAL MARIJUANA WITHIN THESE
PREMISES, WITHIN 15 FEET OF THESE PREMISES, OR
ANYWHERE IN PUBLIC IS UNLAWFUL.
(c) The licensee shall post the following on the licensed premises
in a prominent place near other notices to employees, where the licensee,
principals, registered manager, and employees can easily view the same: a
notice at least twenty-four (24) inches by twenty-four (24) inches in letters
at least one (1) inch in height, stating:
NOTICE TO LICENSEE, PRINCIPALS, REGISTERED MANAGER AND
EMPLOYEES:
THESE PREMISES, THE ADJACENT GROUNDS, AND EVERY
ROOM, AREA, LOCKER, SAFE, AND CONTAINER ON THE
LICENSED PREMISES AND ADJACENT GROUNDS EXCEPT YOUR
PERSON, THE PERSONAL EFFECTS IN YOUR IMMEDIATE
POSSESSION, AND YOUR PRIVATE VEHICLE, ARE SUBJECT TO
INSPECTION BY CITY EMPLOYEES AND POLICE OFFICERS AT
ANY TIME THAT ANY PERSON IS PRESENT ON THE LICENSED
PREMISES, WITHOUT A WARRANT, AND WITHOUT REASONABLE
SUSPICION TO BELIEVE THAT ANY OFFENSE HAS OCCURRED.
YOU HAVE NO REASONABLE EXPECTATION OF PRIVACY ON
THESE PREMISES AND THE ADJACENT GROUNDS EXCEPT IN
YOUR PERSON, THE PERSONAL EFFECTS IN YOUR IMMEDIATE
POSSESSION, AND YOUR PRIVATE VEHICLE.
Sec. 11-10-314. Registered manager.
Every licensee shall designate one (1) registered manager and
delegate to the registered manager authority over the day to day operations
of the licensee and the responsibility to ensure that the licensed premises
and adjacent premises are operated in compliance with this Chapter.
Sec. 11-10-315. Major changes to license, licensed premises, or adjacent
grounds requiring approval of the Authority.
(a) No licensee shall make any of the following changes without
first obtaining the written approval of the Authority:
(1) any transfer of the license or any ownership interest in
the licensee entity or license;
(2) any change in location of the licensed premises;
(3) any change in the licensee’s principals;
(4) the hiring, substitution, resignation, replacement, or
termination of the registered manager;
(5) any change in ownership of any of the stock of the
licensee corporation;
(6) any change in the structure, walls, doors, windows,
ventilation, plumbing, electrical supply, floor plan, footprint,
elevation, operation, operational plan, patios, decks, safe or vault,
locks, surveillance system, doors, window coverings, or security
system at the licensed premises;
(7) any material change to the adjacent grounds, including
but not limited to lighting, parking, traffic flow through and the
adjacent grounds surfaces, landscaping, fences, speakers, or sound;
and
(8) any material change in or deviation of the operation
from the operational plan submitted at the time that the license was
approved.
(b) The Authority shall require a public hearing before approving
any change of location.
(c) The Authority may summarily approve all other proposed
major changes or a hold a public hearing on the same, in the Authority's
discretion, depending on how substantial the change appears to be and
whether the proposed change is likely to cause any substantial harm to
public health, safety, or welfare.
(d) At any hearing regarding any of the foregoing changes, the
Authority shall determine whether the proposed change would probably
cause substantial harm to public health, safety or welfare or result in a
violation of any law or regulation. If the Authority finds that the change will
probably not cause substantial harm to public health, safety or welfare or
result in a violation of any law or regulation, it shall approve the change. If
the Authority finds that the proposed change would probably harm public
health, safety or welfare or result in a violation of any law or regulation, the
Authority may either disapprove the proposed change or impose
conditions on the license.
(e) No application for transfer of ownership, transfer of location,
or other major change may be applied for or acted upon while any
complaint for sanctions is pending with the Authority or the State.
(f) The transfer of a license to a new owner does not constitute a
new license. The transferee of a license or ownership interest in a license
takes transfer of such license or interest subject to the conditions, waivers,
history, record, and sanctions imposed on that license under the previous
ownership of the license. The fact that the license is owned by new
persons or entities shall not preclude the Authority from considering the
history, record, and past sanctions imposed on the license under previous
ownership when the Authority considers new sanctions for violations
committed under new ownership of the license.
Sec. 11-10-316. Reports of minor changes.
Every licensee shall report the following to the Authority, in writing
within ten (10) days of such event:
(a) any change in the licensee's trade name, trademark, logo, or
service mark used at the licensed premises, adjacent grounds, on any
product sold or exchanged at the licensed premises, on any advertising or
sign, or in any correspondence or document;
(b) any change in the labeling or packaging of products sold at
the licensed premises;
(c) any new creditors or debts that the licensee or its principals
may incur that are related to the licensed premises, adjacent grounds, or
any ownership interest in the licensee, in a single or cumulative amount
greater than one thousand dollars ($1,000);
(d) any charges filed against or any conviction of any principal,
registered manager, or employee for any felony, misdemeanor, or serious
traffic offense including but not limited to any deferred judgment or entry
into any diversion program ordered or supervised by a court of law;
(e) Any change to any sign on the licensed premises or adjacent
grounds; and
(e) the hiring, dismissal or resignation of any employee.
Sec. 11-10-317. Renewal of License.
(a) A licensee may renew its license by submitting an application
at least thirty (30) days before and no more than ninety (90) days before the
expiration of the license. If a licensee fails to file an application for renewal
of his license at least thirty (30) days before expiration of the license, the
license shall expire.
(b) A licensee may renew a license that has expired, if:
(1) the license has expired less than ninety (90) days; and
(2) the licensee pays the regular renewal fee and an
additional five hundred dollars ($500) late renewal fee.
(c) In the event that an application for renewal has been filed at
least thirty (30) days before the expiration of the previous license, but the
Authority does not rule on the application for renewal before the expiration
of the previous license, the previous license shall be deemed extended
until the Authority rules on the application for renewal, but in no event may
the license be extended more than ninety (90) days under this Subsection.
The licensee shall pay a license extension fee for any such extension.
(d) The Authority may hold a hearing on any application for
renewal. The Authority may summarily grant an application for renewal
without a hearing if it appears from the application and other information
that the licensee is:
(1) in compliance with this Chapter;
(2) there have not been any significant changes in the
licensee, the principals, the licensed premises, the adjacent grounds,
or the registered manager previously approved; and
(3) there is no reason to believe that there are any grounds
for sanctions or denial of the license.
(e) The Authority shall set a public hearing on the application for
renewal if it finds that there is probable cause to believe that the licensee
is:
(1) not in compliance with this Chapter or has committed
violations of this Chapter; or
(2) there is probable cause to believe that there are grounds
for sanctions as provided in this Chapter;
(3) there have been any major changes described in
Section 11-10-315, Pueblo Municipal Code, as amended, or any
unreported minor changes described in Section 11-10-316, Pueblo
Municipal Code, as amended.
(f) The fact that the Authority has granted a renewal of a license
shall not constitute a waiver of any previous violations and shall not estop
or bar the City from seeking sanctions for, or the Authority from imposing
sanctions for, any violation that occurred during any license period before
the renewal.
Sec. 11-10-318. Tradenames, trademarks, logos, labels, packaging, and
advertising.
(a) It shall be unlawful for any licensee to use any logo,
trademark, tradename, label, packaging or advertising using the word
"marijuana," "cannabis," any alternative spelling or abbreviation of the
same, any slang term for the same commonly understood as referring to
marijuana, any image of a cannabis leaf, or any depiction of any
paraphernalia or other image commonly understood as referring to
marijuana, except that the complete phrase “medical marijuana” may be
used, so long as both words are the same size, style and font.
(b) Nothing contained in this Section shall be construed as
creating a prior restraint on speech or press. The Authority shall not
require an applicant or licensee to obtain any approval or license from the
Authority before using any logo, trademark, tradename, label, packaging or
advertising. Nothing contained in this subsection shall prevent the City
from taking civil, administrative or criminal action against any person or
license after any logo, trademark, tradename, label, packaging or
advertising has been used.
(c) Any court of competent jurisdiction construing or applying
this Section shall seek a saving construction and application that makes
the Section constitutional. In the event that any court of competent
jurisdiction determines that any provision in this Section violates any right
that any person may have to free speech or press, despite the court's
saving construction and application, the Court shall strike this Section only
and sever the same from the remainder of this Chapter, which shall remain
valid and effective without this Section.
Sec. 11-10-319. Books and records.
(a) Every licensee shall maintain on the licensed premises at any
time that any person is present on the licensed premises, accurate and up
to date books and records of the business operations of the licensee, or an
authentic copy of the same, including but not limited to the following:
(1) Lists, manifests, orders, invoices, and receipts for
all marijuana, marijuana plants, and marijuana infused products
cultivated, harvested, processed, produced, delivered, purchased,
stored, sold, and exchanged during the preceding two (2) years, by
each transaction or event, including the date, source, strain, type,
quantity, weight, and purchaser;
(2) an inventory of all marijuana and marijuana infused
products presently on the licensed premises;
(3) sales and use taxes collected and paid;
(4) The name, address, and a copy of the patient's medical
marijuana card for every patient who has registered the medical
marijuana center as his or her primary center or who has purchased
medical marijuana, marijuana plants or medical marijuana infused
products at the licensed premises;
(5) The written recommendation of any physician who has
recommended that a patient registered with the medical marijuana
center needs more than two (2) ounces of medical marijuana and six
(6) marijuana plants to address the patient's debilitating medical
condition;
(6) The name, address and a copy of the medical marijuana
license of any other medical marijuana facility licensee with whom
the licensee has transacted any business, including but not limited
to any purchase, sale, or exchange of marijuana plants, harvested
marijuana, or medical marijuana infused products; and
(7) Copies of the medical marijuana card of a homebound
patient and the waiver from the State of Colorado authorizing the
primary caregiver to purchase medical marijuana for the homebound
medical marijuana patient and transport the same to the homebound
medical marijuana patient presented by a primary caregiver who
purchases marijuana or marijuana infused products on behalf of a
homebound patient.
(b) The licensee shall separate any record showing the patient's
debilitating medical condition from all other records, maintain such records
separately from all other records, and mark the cover to such records:
"Confidential Patient Medical Information."
Sec. 11-10-320. Inspection of books and records; audits.
(a) Any law enforcement officer may, without a warrant and
without reasonable suspicion, inspect the books and records described in
Section 11-10-319(a) Pueblo Municipal Code, as amended, at any time that
anyone is present inside the licensed premises, but shall not inspect the
records described in Section 11-10-319(b), Pueblo Municipal Code, as
amended, unless a warrant specifically authorizing inspection of such
records is issued or there are legal grounds that would excuse the
requirement of a warrant.
(b) Upon five (5) days written notice, the licensee shall provide the
books and records of the licensee for inspection and auditing by the City,
but shall not be required to provide the records described in Section 11-10-
319(b), Pueblo Municipal Code, as amended.
(c) In the event that the information described in Section 11-10-
319 (b) Pueblo Municipal Code, as amended, is interspersed in the same
record or contained on the same sheet of paper or electronic record, the
licensee shall copy the records, redact the information described in
Section 11-10-319(b), and provide a redacted copy to the City or law
enforcement officers.
Sec. 11-10-321. Inspection of licensed premises and adjacent grounds.
(a) Every licensed premises and adjacent grounds shall be open
to inspection by police officers, building officials, firefighters, zoning
officials, sales, use and excise tax officials, and health department officials
at any time that anyone is present in the licensed premises, without
obtaining a search warrant, and without reasonable suspicion to believe
that any violation or criminal offense has occurred.
(b) The licensee, principals, registered managers, and employees
shall have no reasonable expectation of privacy as to the buildings,
rooms, areas, vehicles, furniture, safes, lockers, or containers on the
licensed premises and adjacent grounds, except as provided in this
Section.
(c) Licensees, principals, registered managers, and employees on
the licensed premises and adjacent grounds shall retain a reasonable
expectation of privacy with regard to their persons, the personal effects in
their immediate possession, and their own motor vehicles on the licensed
premises and adjacent grounds, to the extent provided by other legal
authority, but shall have no reasonable expectation of privacy as to other
areas, vehicles, safes, lockers, containers, or objects on the licensed
premises or adjacent grounds.
(d) Patients, primary caregivers, and other persons on the
licensed premises and adjacent grounds shall retain a reasonable
expectation of privacy as to their medical condition, their persons, the
personal effects in their immediate possession, and their motor vehicles on
the licensed premises and adjacent grounds, to the extent provided by
other legal authority, but shall have no reasonable expectation of privacy
as to other areas, vehicles, containers, or objects on the licensed premises
and adjacent grounds.
(e) Police officers and other officials shall not inspect records
described in Section 11-10-319(b), Pueblo Municipal Code, as amended, or
any person, place, or area in which a person retains a reasonable
expectation of privacy, unless a search warrant is obtained for the same or
there are legal grounds that would excuse the requirement of a warrant.
Sec. 11-10-322. Requests for information.
(a) The Authority and any City employee enforcing any City
ordinance, State law or regulation may submit a written request for
information relevant to such enforcement to the licensee by certified mail,
return receipt requested at the address of the licensed premises.
(b) The licensee shall provide complete written answers to such
questions, signed by the registered manager, within twenty (20) days of the
date that the request was mailed or hand delivered to the licensee or
registered manager, but shall not be required to disclose the information
described in Section 11-10-319(b), Pueblo Municipal Code, as amended.
(c) The licensee, principals, registered manager, and employees
shall have no expectation of privacy in any information or document
pertaining to the operation of the licensed business, licensed premises,
and adjacent grounds as to the State or City, but the City shall not release
the information and records as public records.
(d) In the event that the licensee refuses to provide answers on
the grounds that the answer may tend to incriminate him or her for some
criminal offense, or on advice of legal counsel, the City and Authority may
properly draw the inference and conclusion that the answer to the question
would have been adverse to the licensee's position regarding the
investigation, or other matter then pending and may institute a complaint
and proceedings for sanctions based on such conclusion.
(e) The licensee may not refuse to answer a question submitted to
it on the grounds that:
(1) the answer may incriminate its principals, creditors,
registered manager, or employees;
(2) the answer might place his or her license in jeopardy; or
(3) the question is not relevant.
(f) If the licensee is a natural person, the licensee may seek an
injunction against the request for information on the ground that the
information is highly personal, does not involve the finances or operation
of the licensed premises, nor self incrimination, and is protected by the
licensee's own constitutional right to privacy, but shall also be required to
satisfy all the requirements under Colorado law for issuance of a temporary
restraining order, preliminary injunction, or permanent injunction. Failure
of the licensee to seek an injunction against the request for information
within twenty (20) days from the date the request for information is mailed
to the licensee shall constitute a waiver of any right of privacy regarding
the requested information.
Article IV Disciplinary Actions Against Licenses
Sec. 11-10-401. General.
(a) Administrative actions to impose sanctions against a licensee
may be initiated only by complaint filed by the City or by the Authority on
its own motion.
(b) The Authority shall review the complaint and
ex parte
determine whether the complaint and any documents or exhibits submitted
therewith show probable cause to believe that grounds for sanctions exist.
If the Authority finds that the complaint along with any documents or
exhibits submitted therewith do not show probable cause to believe that a
violation of this Chapter, State law, or State regulations has occurred, the
Authority shall dismiss the complaint without prejudice to refile the
complaint with additional information showing probable cause. If the
Authority finds that the complaint along with the documents or exhibits
submitted therewith show probable cause to believe that a violation of this
Chapter, State law, or State regulations has occurred, the Authority shall
issue an Order to Show Cause to the licensee requiring the licensee to
appear before the Authority on a specific date and at a specific time to
answer the complaint.
(c) Sanctions may be imposed in a hearing for sanctions, renewal,
denial, or for approval of major changes, but the City or Authority shall
place the licensee on notice that sanctions may be sought and the grounds
for the same by filing a complaint and obtaining an Order to Show Cause
from the Authority.
(d) The Authority may impose sanctions against a licensee based
on any of the grounds Stated in Section 11-10-309, Pueblo Municipal Code,
as amended.
(e) In the event that a license expires while proceedings for
sanctions are pending, the license may be temporarily extended until the
Authority’s final decision. The licensee shall pay a license extension fee for
each thirty (30) day period or portion thereof that the license is temporarily
extended. If the fee is not paid, the license shall expire. After the Authority
renders its final decision, the licensee shall submit an application for
renewal within fifteen (15) days of the Authority’s final decision.
(f) A licensee shall have no right to surrender its license while an
investigation, complaint, or proceeding for sanctions is pending, but the
Authority may permit the same if the City consents to the surrender.
(g) No complaint or action for the sanctions provided in this
Chapter shall be instituted or based upon any conduct or omission by a
licensee, principal, registered manager or employee that occurred more
than three years before the complaint for sanctions was filed, but such
conduct or omissions may be admitted in evidence if relevant to other
violations that have occurred within the three year limitation period.
Sec. 11-10-402. Sanctions.
(a) The Authority may impose any one or more of the following
sanctions against a license, in whatever combination the Authority finds
appropriate, except that no other sanction may be used in addition to
revocation:
(1) additional conditions as described in Section 11-10-312,
Pueblo Municipal Code, as amended;
(2) a fine in an amount to be determined by the Authority;
(3) suspension for up to one hundred and eighty (180)
days;
(4) a fine in lieu of suspension, as provided in Section 12-
43.3-601(3) C.R.S.;
(5) the reasonable costs of investigating, prosecuting, and
hearing the violation, including the direct and indirect costs of the
city attorney, police officers, witnesses, subpoenas, clerk to the
Authority, hearing officer, and other city employees utilized in any
proceedings for sanctions; and
(6) revocation.
(b) The Authority may suspend any sanction or portion of
sanction on any reasonable condition that the Authority deems appropriate
in its discretion.
Sec. 11-10-403. Factors to consider in determining sanctions.
(a) In determining the appropriate sanction, and whether any
sanction or portion of a sanction should be suspended, the Authority shall
consider the following factors:
(1) the severity of the violation;
(2) whether the violation was committed deliberately,
willfully, intentionally, knowingly, recklessly, wantonly, negligently,
or accidentally;
(3) whether the licensee profited or gained some
competitive advantage from the violation or attempted to do so;
(4) potential and actual harm to patients, primary
caregivers, residents, businesses, and the reputation of the medical
marijuana industry;
(5) harm to public health, safety, and welfare;
(6) warnings given to the licensee, principals, registered
manager or employees by the Authority or any State or City
employee before the violation occurred;
(7) the deterrent effect of the sanction on the licensee and
other licensees;
(8) whether the violation was committed or permitted by a
principal, registered manager, or employee;
(9) previous violations by the licensee, principals, manager
or employees of the same or different nature and at the same or
different licensed premises, including contempt;
(10) previous sanctions imposed on the licensee, including
sanctions for contempt;
(11) steps taken by the licensee before the violation
occurred to prevent the violation from occurring;
(12) whether the violation occurred on the licensee’s
licensed premises or its adjacent grounds, or the licensed premises
or adjacent grounds of another licensee;
(13) any plans that the licensee may present showing how it
intends to remedy the problem and prevent the same and similar
violations in the future; and
(14) any other aggravating or mitigating factors, except those
that the Authority may not consider.
(b) In determining the appropriate sanction, the Authority shall
not consider the following factors:
(1) gender, race, ethnicity, ancestry, religion, or sexual
orientation;
(2) the licensee's business income at the licensed
premises, except as provided in C.R.S. §12-43.3-601(3) C.R.S. for
fines in lieu of suspension;
(3) the probable effect of the sanction on the licensee's
finances;
(4) any criminal sanction imposed on any person as a result
of the same or related conduct;
(5) any administrative penalty imposed by the State as a
result of the same or related conduct;
(6) any civil judgment imposed as a result of the same or
related conduct;
(c) The administrative sanctions provided in this Section are
intended to be in addition to any administrative, civil or criminal penalty, or
judgment imposed by any court or licensing authority.
Sec. 11-10-404. Summary suspension.
(a) The Authority may summarily suspend any license without
notice or hearing if the Authority finds, , that there is probable
ex parte
cause to believe that:
(1) the licensee or its principals, registered manager, or
employees have committed a willful or deliberate violation of this
Chapter; and
(2) the continued operation of the medical marijuana
license poses an immediate and substantial threat to public health,
safety, and welfare, such that waiting the time required to hold a
regular disciplinary hearing would probably result in substantial
harm to public health, safety and welfare.
(b) If the Authority imposes a summary suspension , it
ex parte
shall notify the licensee in writing as soon as is practical that it has been
summarily suspended, that it must close its licensed premises, and the
date, time, and place of the three-day hearing to follow.
(c) The Authority shall hold a hearing within three (3) business
days, at which the licensee may be present, to determine whether the
summary suspension should continue pending a full hearing on the alleged
violation.
(d) The Authority shall set a full hearing on the sanctions to be
imposed for the violation that led to summary suspension to be held within
fifteen (15) days from the date the licensee was first informed of the
summary suspension and required to close the licensed premises, unless
the Authority finds at the three-day hearing or upon the City's motion, that
there no longer is probable cause to believe that a violation occurred.
(e) The licensee may waive the fifteen (15) day hearing
requirement and request a later hearing, but such waiver shall operate as
consent to continue the summary suspension until the later date.
Sec. 11-10-405. Imputing knowledge and violations to the licensee.
(a) Any fact that a licensee's principal, registered manager, or
employee knows or once had knowledge of, or in the exercise of
reasonable diligence should know, or should have once known, shall be
imputed to the licensee for purposes finding whether a violation occurred
and imposing sanctions.
(b) Any fact that occurs in the licensed premises or adjacent
grounds that a reasonable person observing the area would be aware of
shall be imputed to the licensee for purposes of determining whether a
violation occurred and imposing sanctions.
(c) Any violation of law committed by a licensee's principal,
registered manager, or employee, or which any of the same permit on the
licensed premises or adjacent grounds, shall be imputed to the licensee for
purposes of determining whether a violation occurred and imposing
sanctions.
Sec. 11-10-406. Effect of sanctions.
(a) New Conditions. A licensee who has new conditions imposed
on the license as a sanction shall bring the licensed premises into
compliance with the new condition within such period as the Authority may
specify in its order. Failure to do may be grounds for further sanctions.
(b) Fine, Fine in Lieu of Suspension and Costs. A licensee who
has a fine, a fine in lieu of suspension, or costs imposed on the license
shall:
(1) Pay the fine and costs imposed within the time specified
in the Authority's order. In the event that the fine is not paid within
the time specified in the Authority's order, the Authority may impose
any suspended license suspension or impose alternative or
additional sanctions for failure to pay the fine or costs in a timely
manner.
(2) Post signs at least thirty-six (36) inches by thirty-six (36)
inches on every entrance to the licensed premises with letters at
least one (1) inch in height for a period of ten (10) continuous days
which shall be specified in the Authority's order, stating:
THE MEDICAL MARIJUANA LICENSE FOR THESE PREMISES HAS
BEEN FINED AND ADJUDGED COSTS BY THE PUEBLO MEDICAL
MARIJUANA LICENSING AUTHORITY IN THE AMOUNT OF
$____FOR VIOLATING THE FOLLOWING PROVISIONS OF THE
PUEBLO MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA:
(STATE NATURE OF VIOLATION AND SECTION VIOLATED)
(c) Suspension of License. A licensee whose license has been
suspended shall:
(1) Close the licensed premises to all persons except the
registered manager and employees during the term of the
suspension.
(2) Post signs at least thirty-six (36) inches by thirty-six (36)
inches on every entrance to the licensed premises with letters at
least one (1) inch in height during the period that the suspension is
imposed, stating:
THE MEDICAL MARIJUANA LICENSE FOR THESE PREMISES
HAS BEEN SUSPENDED BY ORDER OF THE PUEBLO MEDICAL
MARIJUANA LICENSING AUTHORITY FOR DAYS FROM _______
THROUGH ____________FOR VIOLATING THE FOLLOWING
PROVISIONS OF THE PUEBLO MUNICIPAL CODE RELATING TO
MEDICAL MARIJUANA: (STATE NATURE OF VIOLATION AND
SECTION VIOLATED)
(d) Revocation of License. A licensee whose license is revoked
shall:
(1) Close the licensed premises and dispose of all medical
marijuana on the licensed premises through legal means within
such time and by such means as the Authority may order.
(2) Not be eligible to apply for a new license for a period of
two (2) years.
Article V License Hearings
Sec. 11-10-501. Notice of hearings; setting of hearings.
(a) Notice for hearings on applications for new licenses, denial of
a new license, renewals of licenses, and approval of major changes shall
be given to the public in the manner prescribed by State law by posting the
proposed premises and publishing a notice in a newspaper of general
circulation at least fifteen (15) days before the hearing, stating the name of
the applicant, the address of the proposed licensed premises, and the type
of license applied for; and
(b) All notices shall State the date, time and place of the hearing,
the name of the applicant or licensee, the address of the proposed or
licensed premises, the date time and place of the hearing, and the issue
before the Authority.
(c) Notwithstanding any other provision regarding public notice,
posting of notice on premises, publication of notice, agendas of the
Authority, notices of hearing, or any other document made available to the
public, contained in this Chapter or any other provision of the Pueblo
Municipal Code, which pertains or may be applied to any application for an
optional premises cultivation license or a licensed optional premises
cultivation operation:
(1) no public notice or publication of notice of any hearing
shall be given concerning such a license or an application for the
same;
(2) no notice of a hearing shall be posted at the proposed
or licensed premises or adjacent grounds;
(3) no agenda, notice or other document available to or
released to the public shall contain the address of the proposed or
licensed premises;
(4) the address of the proposed or licensed premises shall
not be disclosed by the Authority or City staff in any hearing or
statement concerning such application or license; and
(5) The address of the licensed premises or proposed
licensed premises shall not be a matter of public record and shall not
be released to the public.
(d) The applicant shall have the responsibility to set the matter
with the Clerk of the Authority for a hearing, publish notices, provide a
publisher's affidavit of publication, post the premises with notice as
required by this Chapter and State law, and provide an affidavit of posting.
(e) Failure of an applicant to properly publish notice of the
hearing, post the premises with notice of the hearing as provided in this
Chapter, and provide proper affidavits of the same shall deprive the
Authority of jurisdiction to hold a hearing on the application.
(f) Applicants for a new license seeking a hearing under Section
11-10-311 of this Chapter shall have the sole responsibility to:
(1) Conduct the setting of the hearing with the Clerk of the
Authority within the time limits prescribed in Section 11-10-310(c)(d);
(2) Select a date for the hearing that is not less than thirty
(30) and no more than ninety (90) days from the day of the setting;
(3) Publish and post the proposed premises with notice as
required in this Chapter.
(g) Failure of an applicant to successfully bring an application for
a new license or any major change to a hearing in compliance with every
requirement of this Section shall constitute withdrawal of the application.
Withdrawal of an application under this Section shall not constitute a
denial of the application under Section 11-10-308(d)(5) and shall not
prevent the applicant from re-submitting its application upon payment of a
new application fee.
Sec. 11-10-502. Hearing procedures.
(a) Hearings shall be conducted in accordance with the
procedures outlined in this Chapter. Where this Chapter does not address
a procedural issue, the procedures in Chapter 7, Title I, Pueblo Municipal
Code, Article 43.3, Title 12, Colorado Revised Statutes, and any procedural
rules enacted pursuant to that article shall apply unless the same are
clearly inconsistent with the provisions of this Chapter
(b) Failure of an applicant or licensee to appear at any scheduled
hearing of which the applicant or licensee has received notice or has
himself set, and for which notice was posted and published in compliance
with this Chapter, without a showing of good cause verified by the
applicant's affidavit filed with the authority within ten (10) days of the
scheduled hearing, shall constitute a default and a withdrawal of the
application or motion, and a default of any complaint, Order to Show
Cause, motion or other matter pending against the licensee. Any such
application or motion withdrawn by the applicant or licensee may not be re-
filed for one year.
(c) After an application has been filed, a hearing on the
application has been set, and notice has been published and posted in
compliance with this Chapter, any withdrawal of the application by the
applicant shall constitute a denial of the license under Section 11-10-
308(d)(5) and C.R.S. §12-43.3-308, unless the City stipulates that the
withdrawal shall not constitute such a denial.
(d) The Authority may hear and decide motions.
(e) The Authority may adjourn and continue any hearing, at the
request of the applicant and with the consent of the City, to give the
applicant an opportunity to fulfill any requirement that has not been met or
to make changes to its application or operational plan.
(f) The Authority may join various matters pending concerning
the same license in a single hearing.
(g) Every decision of the Authority shall be in writing, stating the
reasons therefore and shall be made within thirty (30) days after the date of
the that a complete application is submitted or within thirty (30) days of the
public hearing if a public hearing is required or held. A copy of such
decision shall be sent by certified mail to the applicant at the address
shown in the application.
Sec. 11-10-503. Discovery and subpoenas.
(a) Any complaint or motion for sanctions shall contain a
summary of the legal and factual grounds for the same.
(b) Every party who has standing to be heard at a hearing shall
provide a list of witnesses and exhibits to every other party who has
standing, along with copies of the exhibits, at least ten (10) days before the
hearing.
(c) Each party shall provide the other parties who have standing
with copies of any statements or reports relevant to the matter.
(d) Any party may provide copies to another party by filing a copy
in the Authority’s file, which any party may access and copy upon
reasonable notice and upon payment of reasonable copying charges.
(e) No party shall be entitled to any additional discovery and the
Authority shall not order any further discovery.
(f) Subpoenas for the attendance of witnesses with or without
documents and other tangible things shall be issued as provided in
Chapter 7, Title I, Pueblo Municipal Code.
Sec. 11-10-504. Burden of proof.
(a) In any proceeding under this Chapter to obtain approval or
issuance of a license, renewal of a license, concerning denial of a new
license, or to obtain approval for any new principal, manager, employee, or
any major change, the applicant or licensee shall have the burden to prove
by a preponderance of the evidence: (1) his or her right to such license;
and (2) that there is no good cause for denial of the license or approval.
(b) In any proceeding under this Chapter in which any person
seeks to impose a condition on a license, the person seeking to impose the
condition shall have the burden to prove by a preponderance of the
evidence that the condition is necessary to protect public health, safety or
welfare. Notwithstanding the foregoing, the Authority may, on its own
motion, in any hearing for a new license, transfer of a license to anew
location, or transfer of a license to a new licensee, impose a condition on a
license where it finds by a preponderance of the evidence that such
condition is necessary to protect public health, safety, or welfare.
(c) In any proceeding under this Chapter to impose any sanction
against a license, the City shall have the burden to prove every allegation
necessary to impose a sanction by a preponderance of the evidence.
Sec. 11-10-505. Evidence.
(a) The Colorado Rules of Evidence and the common law rules of
evidence shall not apply. The Authority may accept into evidence any
testimony or exhibit and give such evidence the weight that the Authority
believes it deserves.
(b) The Authority may accept hearsay and multiple-hearsay
testimony and may base its decision solely on such hearsay if such
hearsay is reasonably reliable and trustworthy and has probative value
accepted by reasonable and prudent persons in the conduct of their affairs.
The Authority shall not be required to make a finding that the hearsay
meets this standard. If the Authority admits the hearsay it shall be
conclusively presumed that the hearsay met this standard unless the
Authority makes findings to the contrary.
(c) The Authority shall have the authority to exclude testimony
and other evidence as irrelevant, cumulative, or on the ground that the
witness does not have standing and was not called as a witness by a party
who does have standing.
(d) The Authority may take administrative notice of any matter
contained in its file.
(e) If City Council has appointed a Board to act as the Authority,
the Board may delegate to the chair or another member of the Board the
authority to make procedural and evidentiary rulings at any hearing, but
every member of the Board present shall vote on the findings and
conclusions at the close of the hearing.
Sec. 11-10-506. Standing.
(a) At any hearing for issuance of a new license, for denial of a
new license, for renewal, or for any major change in the premises, only the
following parties shall have standing to be heard:
(1) the applicant or licensee;
(2) any person who resides within a one-half (1/2) mile
radius of the adjacent grounds of the proposed or licensed
premises;
(3) any person who owns any real property within a one-
half (1/2) mile radius of the adjacent grounds of the proposed
licensed premises;
(4) any person who owns or is employed by any business
within a one-half (1/2) mile radius of the adjacent grounds of the
proposed licensed premises; and
(5) The City of Pueblo.
(b) At all other hearings, only the applicant or licensee and the
City of Pueblo shall have standing.
Article VI
Reserved
Article VII Violations and Penalties
Sec. 11-10-701. Unlawful acts--any person.
It shall be unlawful for any person to:
(a) forge, duplicate, or alter any medical marijuana card;
(b) possess, exhibit, or use any medical marijuana card issued to
another person, except that a primary caregiver who has received a waiver
from the State authorizing him or her to purchase and transport medical
marijuana to a homebound patient may possess and use the medical
marijuana card of the homebound patient while purchasing and
transporting medical marijuana to the homebound patient;
(c) make any false statement, written or verbal, to the Authority
or to any City employee, in any investigation, inquiry, hearing, testimony,
application, report, or document related in any way to medical marijuana or
the licensing thereof;
(d) unseal on any licensed premises any marijuana infused
product; or
(e) purchase, sell, exchange, or deliver any medical marijuana,
marijuana plant, or marijuana infused product in public, except in a
licensed premises.
Sec. 11-10-702. Unlawful acts--patients and primary caregivers.
It shall be unlawful for any patient or primary caregiver to:
(a) give, lend, or sell a medical marijuana card to any other
person;
(b) fail to have in his or her possession a medical marijuana card
at any time the patient or primary caregiver is purchasing, exchanging,
receiving, transporting, or in possession of any medical marijuana,
marijuana plants or marijuana infused product;
(c) purchase and transport marijuana from a medical marijuana
facility to a homebound patient without having in his or her possession the
primary caregiver's own medical marijuana card, the medical marijuana
card of the homebound patient, and a copy of the State waiver permitting
the primary caregiver to purchase medical marijuana from a medical
marijuana center and transport the medical marijuana to the homebound
patient; or
(d) smoke, eat, drink, or otherwise use or consume any medical
marijuana or marijuana infused products on any licensed premises or
anywhere in public.
Sec. 11-10-703. Unlawful acts---licensees, principals, registered managers,
and employees.
It shall be unlawful for any licensee, principal, registered manager, or
employee of a licensee to commit any of the following acts:
(a) To violate or to fail, neglect or refuse to comply with any
requirement of this Chapter, Chapter 1, Title IX Pueblo Municipal Code,
Article 43.3, Title 12, Colorado Revised Statutes, or any State regulation
pertaining to medical marijuana.
(b) To permit any violation of this Chapter or any law or regulation
on the licensed premises or the adjacent grounds.
(c) To operate a medical marijuana center at any time that any of
the requirements or conditions contained in Sections 11-10-301 and 11-10-
308 Pueblo Municipal Code, as amended are not satisfied.
(d) To sell, dispense or give away any medical marijuana,
marijuana plants, or medical marijuana infused product to any person
except:
(1) another medical marijuana licensee, to the extent and in
the manner permitted by law;
(2) a medical marijuana patient who presents at the time
and place of each sale or gift, his or her own valid medical marijuana
card; or
(3) a registered primary caregiver who presents the medical
marijuana card of a homebound patient and a waiver from the State
of Colorado authorizing the primary caregiver to purchase medical
marijuana for the homebound medical marijuana patient and
transport the same to the homebound medical marijuana patient.
(e) To fail, neglect or refuse to collect sales taxes on any
transaction or to promptly pay any tax, fee or charge required under this
Chapter.
(f) To fail, neglect or refuse to promptly provide any books,
records, reports, information, documents, or answers to requests for
information required under this Chapter.
(g) To refuse to provide signed answers to requests for
information, except as provided in this Chapter, or to refuse to answer any
request for information on any ground prohibited under this Chapter.
(h) To violate any ordinance, statute, or regulation on the licensed
premises or on the adjacent grounds.
(i) To violate any condition or to permit the violation of any
condition placed on a license issued under this Chapter.
(j) To permit anyone under the age of twenty-one (21) to be
present on the licensed premises, except a patient under the age of twenty-
one (21) who has a valid medical marijuana card.
(k) To permit anyone who is not an employee to enter the limited
access area.
(l) To permit any employee to enter the limited access area
without a visible employee badge.
(m) To conduct any cultivation, processing, packaging, display,
sale, or exchange of marijuana plants, harvested medical marijuana, or
medical marijuana infused products outside the licensed premises.
(n) To possess on the licensed premises of a medical marijuana
center more than (6) medical marijuana plants or more than two (2) ounces
of harvested medical marijuana for each patient who has registered the
medical marijuana center as his or her primary center, except that the
medical marijuana center may exceed these limits if a patient who has
registered the medical marijuana center as his or her primary center has
received a written recommendation from a physician licensed to practice in
Colorado stating that the patient needs more medical marijuana to address
his debilitating condition than these limits allow and the medical marijuana
center has a copy of such physician statement in its books and records on
the licensed premises.
(o) To fail, neglect or refuse to package and label any medical
marijuana plant, harvested marijuana, or medical marijuana infused
product produced, sold or exchanged on the licensed premises with the
following statements in clear and legible type in at least a 12-point font:
THIS PRODUCT CONTAINS MEDICAL MARIJUANA.
THIS PRODUCT IS CULTIVATED, MANUFACTURED AND PROCESSED
WITHOUT ANY GOVERNMENTAL OVERSIGHT AS TO ITS HEALTH,
SAFETY OR EFFICACY.
THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE CONSUMPTION
OF THIS PRODUCT.
THE CHEMICALS, ADDITIVES, PESTICIDES, HERBICIDES, AND
FERTILIZERS, ARTIFICIAL AND NATURAL, USED IN THE CULTIVATION,
PROCESSING, PRODUCTION, AND STORAGE OF THE PRODUCT ARE AS
FOLLOWS: (STATE EACH HERE).
Sec. 11-10-704. Penalties.
Any person who violates any provision of this Chapter or fails,
neglects or refuses to perform any act required under this Chapter, shall
upon conviction therefor, be punished by a fine of not more than one
thousand dollars ($1,000.00) or imprisonment for not more than one (1)
year, or both such fine and imprisonment.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: July 12, 2010
BY: Judy Weaver /COUNCILPERSON
PASSED AND APPROVED: July 26, 2010
Background Paper for Proposed
ORDINANCE
DATE:July 12, 2010AGENDA ITEM #_______
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE:
AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO MUNICIPAL CODE BY THE
ADDITION THERETO OF A NEW CHAPTER 10 PERTAINING TO THE LICENSING AND
REGULATION OF MEDICAL MARIJUANA FACILITIES, ESTABLISHING A MEDICAL
MARIJUANA LICENSING AUTHORITY, AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
ISSUE:
Should Council adopt an ordinance licensing and regulating medical marijuana facilities?
RECOMMENDATION:
The Law Department neither supports nor opposes the licensing of medical marijuana facilities.
If City Council chooses to license medical marijuana facilities, the Law Department recommends
adoption of the ordinance.
BACKGROUND:
On November 7, 2000, the voters of the State of Colorado approved Amendment 20.
Amendment 20 created a limited exception from criminal liability for possession of marijuana
under Colorado law for persons with debilitating medical conditions who receive a
recommendation for marijuana from a physician and who obtain and use medical marijuana
under the limited, specified circumstances described in Amendment 20.
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.
The proposed ordinance provides for the licensing and regulation of medical marijuana as
contemplated by HB 1284.
FINANCIAL IMPACT:
The ordinance should be revenue and cost neutral. The Finance Department has conducted a
cost accounting and fees have been established in the ordinance at a level that will permit the
City to recover its costs in administering the licensing ordinance.