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.