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HomeMy WebLinkAbout08591ORDINANCE NO. 8591 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OR ESTABLISHMENT OF ANY BUSINESS THAT INVITES OR PERMITS PRIVATE ASSEMBLY FOR THE PURPOSE OF THE USE OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS WHEREAS, on November 6, 2012, the voters of the State of Colorado approved Amendment 64. Amendment 64 creates a limited exception from the criminal liability under Colorado law for the cultivation, manufacture, testing, and retail sale of marijuana or marijuana products, subject to prohibition at the option of local government, and subject to state and local licensing and regulation; and WHEREAS, Amendment 64 does not authorize the personal use and consumption of marijuana products that is "conducted openly and publicly or in a manner that endangers others" and does not define these terms in relation to the operation of marijuana establishments or other businesses that invite or permit private assembly for the purpose of the use and consumption of marijuana and marijuana products; and WHEREAS, the Colorado Clean Indoor Air Act, Sections 25-14-201, et seq., prohibits smoking in most buildings, subject to certain exceptions, and the application of this prohibition and its exceptions to marijuana establishments, particularly those whose purpose is to invite or permit assembly for the purpose of smoking marijuana, is unclear; and WHEREAS, the moratorium imposed by this Ordinance is intended to prohibit the operation of businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products prior to the adoption of the regulatory framework contemplated by Amendment 64; to allow the City of Pueblo the opportunity to develop land use regulations that conform to the Colorado Clean Indoor Air Act, Amendment 64, and its implementing legislation while also giving due weight to the fact that marijuana remains a controlled substance under federal law due to its potential for abuse; to ensure that prospective operators and owners of marijuana establishments are able to make business and investment decisions with sufficient knowledge of local regulations; and to ensure that any local regulations or prohibitions can be enforced in a fair and equitable manner; and WHEREAS, the City Council of the City of Pueblo finds it necessary to the public health, safety, and welfare to adopt this Ordinance imposing a temporary moratorium on the establishment or operation of businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products; 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 operation of so-called “private marijuana clubs” within the City of Pueblo. During the effective term of this Ordinance no person shall establish or operate a business that permits or invites private assembly for the purpose of the use or consumption in any manner of marijuana or marijuana products in any form. No City department shall accept or process an application for a sales tax license, land use approval, building permit, or any other license or permit relating to the operation of a business that permits or invites private assembly for the purpose of the use or consumption of marijuana or marijuana products. SECTION 3. This Ordinance shall not be construed to prohibit private and noncommercial assembly for the purpose of using or consuming marijuana or marijuana products. SECTION 4. All ordinances heretofore passed and adopted by the City Council of the City of Pueblo, Colorado, are hereby repealed to the extent that said ordinances, or parts thereof, are in conflict herewith. This Ordinance shall not be interpreted to repeal or to apply in any way to City ordinances regarding the operation of medical marijuana centers pursuant to HB 10-1284 or to regulations regarding smoking in places of public accommodation and places of employment previously adopted by the Pueblo City Council. SECTION5. The City Council hereby finds, determines, and declares that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety. INTRODUCED: May 13, 2013 BY: Chris Kaufman PASSED AND APPROVED: May 28, 2013 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM # R-2 May 13, 2013 DEPARTMENT: Law Department Daniel C. Kogovsek, City Attorney TITLE AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OR ESTABLISHMENT OF ANY BUSINESS THAT INVITES OR PERMITS PRIVATE ASSEMBLY FOR THE PURPOSE OF THE USE OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS ISSUE Should the City Council impose a moratorium until March 31, 2014 on the establishment and operation of so-called “private marijuana clubs”? RECOMMENDATION Approve the Ordinance. BACKGROUND The Colorado Clean Indoor Air Act, Sections 25-14-201, et seq., and the City’s Municipal Code, Sec. 7-6-1, et seq. prohibit smoking in most buildings, subject to certain exceptions, and the application of this prohibition and its exceptions to marijuana establishments, particularly those whose purpose is to invite or permit assembly for the purpose of smoking marijuana remains to be resolved. The temporary moratorium approved by this Ordinance will enable City staff to review and implement legislation and regulations yet to be adopted by State of Colorado in preparing a recreational marijuana regulatory blueprint as directed by City Council. FINANCIAL IMPACT None.