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.