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HomeMy WebLinkAbout08590ORDINANCE NO. 8590 AN ORDINANCE PROVIDING FOR A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, OR PROCESSING OF APPLICATIONS AND THE LICENSING, PERMITTING, ESTABLISHMENT, OR OPERATION OF ANY RECREATIONAL MARIJUANA BUSINESS THAT SELLS, CULTIVATES, MANUFACTURES, PREPARES, PACKAGES, PURCHSAES, TESTS, OR OTHERWISE PROVIDES FOR OR ALLOWS THE USE OF MARIJUANA OR MARIJUANA PRODUCTS, INCLUDING THE USE OF LAND FOR SUCH PURPOSE OR PURPOSES WHEREAS, at the November 6, 2012, general election the voters of the State of Colorado adopted Amendment 64 of the Colorado Constitution ("Amendment 64"), which is codified as Article XVIII, Section 16 of the Colorado Constitution; and WHEREAS, Amendment 64 permits persons twenty-one years of age or older to possess, use, display, purchase, or transport one ounce or less of marijuana, or marijuana accessories, to grow limited amounts of marijuana and manufacture and sell marijuana accessories; and WHEREAS, Amendment 64 also provides for the establishment of marijuana establishments, which includes cultivating, testing, and product manufacturing facilities, and retail marijuana stores; and WHEREAS, Amendment 64 requires that by no later than July 1, 2013, the Colorado Department of Revenue shall adopt regulations to implement Amendment 64; and WHEREAS, Amendment 64 provides that by October 1, 2013, the Colorado Department of Revenue is to begin accepting and processing license applications for marijuana establishments; and WHEREAS, Amendment 64 is in conflict with the Federal Controlled Substances Act. On November 13, 2012, Governor Hickenlooper and Attorney General Suthers sent a letter to United States Attorney General Holder requesting to know if the federal government will take legal action to block the implementation of Amendment 64; will seek to prosecute grow and retail operations; and will declare state and local government employees who regulate and oversee the growing and distribution of marijuana to be in violation of federal law. The Federal government has not responded to the Governor and Attorney General's letter; and WHEREAS, absent any definitive direction or guidelines from either the state or federal governments regarding the regulation of recreational marijuana businesses, the City cannot at this time determine its position regarding what, if any, regulations or prohibitions, including land use regulations, it may or must impose on recreational marijuana businesses; and WHEREAS, the imposition of a moratorium until March 31, 2014, on the submission, acceptance, or processing of applications and the licensing, permitting, establishment, or operation of any recreational marijuana business that sells, cultivates, manufactures, prepares, packages, purchases, tests, or otherwise provides for or allows the use of marijuana or marijuana products pursuant to Amendment 64, including the use of land for such purpose or purposes, is reasonable and necessary for the City to develop, if necessary, its own licensing scheme for marijuana establishments and have an opportunity to investigate, develop, adopt, and implement, and if necessary amend regulations it deems appropriate to regulate recreational marijuana businesses, as necessary to protect the public's health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The foregoing recitals are incorporated herein and made a part of this Ordinance. SECTION 2. Upon adoption of this Ordinance, a moratorium is imposed until March 31, 2014, on the submission, acceptance, or processing of applications and the licensing, permitting, establishment, or operation of any recreational marijuana business that sells, cultivates, manufactures, prepares, packages, purchases, tests, or otherwise provides for or allows the use of marijuana or marijuana products pursuant to Amendment 64 approved by the voters of the State of Colorado and codified as Article XVIII, Section 16 of the Colorado Constitution, and upon the use of land for such purpose or purposes. SECTION 3. During the pendency of this moratorium, City staff shall review all laws and regulations enacted by the State or actions of the federal government regarding recreational marijuana businesses and advise Council of same and, if so directed by Council, prepare ordinances and/or regulations with respect to the time, place, manner, licensing, and other regulations regarding recreational marijuana businesses. SECTION 4. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 5. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance, or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict SECTION 6. The repeal or modification of any provision of the Code of Ordinances of Pueblo, Colorado, by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. SECTION 7. This Ordinance is deemed necessary for the protection of the health, welfare, and safety of the community. INTRODUCED: May 13, 2013 BY: Chris Kaufman PASSED AND APPROVED: May 28, 2013 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM # R-1 May 13, 2013 DEPARTMENT: Law Department Daniel C. Kogovsek, City Attorney TITLE AN ORDINANCE PROVIDING FOR A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, OR PROCESSING OF APPLICATIONS AND THE LICENSING, PERMITTING, ESTABLISHMENT, OR OPERATION OF ANY RECREATIONAL MARIJUANA BUSINESS THAT SELLS, CULTIVATES, MANUFACTURES, PREPARES, PACKAGES, PURCHASES, TESTS, OR OTHERWISE PROVIDES FOR OR ALLOWS THE USE OF MARIJUANA OR MARIJUANA PRODUCTS, INCLUDING THE USE OF LAND FOR SUCH PURPOSE OR PURPOSES ISSUE Should the City Council impose a moratorium until March 31, 2014 for the possible implementation of Amendment 64 and the acceptance of applications for City licenses from recreational marijuana businesses? RECOMMENDATION Approve the Ordinance. BACKGROUND The government of the State of Colorado has not yet passed any legislation or adopted any regulations implementing Amendment 64, and the federal government has not yet indicated whether it will take legal action to block the implementation of Amendment 64; will seek to prosecute grow and retail operations; and will declare state and local government employees who regulate and oversee the growing and distribution of marijuana to be in violation of federal law. Without any definitive direction or guidelines from either the state or federal governments regarding the regulation of recreational marijuana businesses, the City cannot at this time determine its position regarding what, if any, regulations or prohibitions, including land use regulations, it may or must impose on recreational marijuana businesses. FINANCIAL IMPACT None.