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HomeMy WebLinkAbout13045RESOLUTION NO. 13045 A RESOLUTION DETERMINING THAT THE POWERS OF THE CITY OF PUEBLO’S MEDICAL MARIJUANA LICENSING AUTHORITY SHALL BE EXERCISED BY A BOARD APPOINTED BY CITY COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Pursuant to Sec. 11-10-201 P.M.C., the City of Pueblo’s Medical Marijuana Licensing Authority shall consist of a board of five (5) members to be appointed by the City Council by resolution. None of the appointed Medical Marijuana Licensing Authority board members shall be a member of the City Council. SECTION 2. The City Clerk is hereby requested to advertise for and accept applications from City residents who wish to be appointed to the Medical Marijuana Licensing Board. SECTION 3. Until the Medical Marijuana Licensing Board is appointed by City Council by resolution, the presiding Judge of the Municipal Court shall continue to serve as the Medical Marijuana Licensing Authority for the City. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with this Resolution to effectuate the transactions described herein. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED: September 8, 2014 BY: Steve Nawrocki COUNCILPERSON City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 8, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION DETERMINING THAT THE POWERS OF THE CITY OF PUEBLO’S MEDICAL MARIJUANA LICENSING AUTHORITY SHALL BE EXERCISED BY A BOARD APPOINTED BY CITY COUNCIL SUMMARY: Attached is a proposed resolution directing that the City’s Licensing Authority for Medical Marijuana facilities located in the City shall be a five (5) member Board appointed by the City Council. PREVIOUS COUNCIL ACTION: On July 26, 2010, by Ordinance No. 8244, the City Council adopted the City of Pueblo’s Medical Marijuana Code, Sec. 11-10-101 et seq. of the P.M.C. Sec. 11-10-201, P.M.C. provides that City Council may decide to appoint either an individual hearing officer or a board as the Medical Marijuana Licensing Authority for the City. BACKGROUND: On July 26, 2010, by Resolution No. 11948, City Council decided to use an individual hearing officer as the Licensing Authority and appointed the presiding Municipal Court Judge to serve as City’s Medical Marijuana Licensing Authority. Given the extensive caseload in the Pueblo Municipal Court, it is recommended that the licensing authority consist of five (5) persons appointed by the City Council. FINANCIAL IMPLICATIONS: It is anticipated that the license and other fees authorized in Sec. 11-10-304 will be adequate to cover the City’s administrative costs for the licensing of medical marijuana facilities located in the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this resolution. STAKEHOLDER PROCESS: Given the demands of his current caseload, the presiding Municipal Court Judge is in support of this Resolution. ALTERNATIVES: Maintenance of the status quo whereby the presiding Municipal Court Judge shall continue as the Medical Marijuana Licensing Authority as a hearing officer. RECOMMENDATION: Approval of this Resolution. Attachments: Proposed Resolution.