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HomeMy WebLinkAbout08782ORDINANCE NO. 8782 AN ORDINANCE AMENDING CHAPTER 10 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO PROVIDE THAT THE MEMBERS OF THE RETAIL MARIJUANA LICENSING BOARD SHALL ALSO SERVE AS BOARD MEMBERS OF THE MEDICAL MARIJUANA LICENSING AUTHORITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 11-10-201(a) of Chapter 10, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: City Council shall by resolution appoint a Board to serve as the Medical (a) \[ Marijuana Licensing Authority. City Council may be resolution appoint as the \] Medical Marijuana Licensing Authority either an individual hearing officer or a Board. SECTION 2. Section 11-10-202(a) of Chapter 10, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: The members of the Board of the Medical Marijuana Authority shall be (a) the members of the Board of the Retail Marijuana Authority selected pursuant to \[ Sec. 11-11-202 of this Title. If City Council chooses to appoint a Board as the Authority, the Board shall consist of five (5) members, all of whom shall be residents of the City, to be appointed by the City Council by resolution. Four (4) members shall be initially appointed for staggered terms expiring on the first day of August as follows: one (1) member for a one-year term, one (1) member for a two-year term, on (1) member for a three-year term, and two (2) members for four-year terms, or in lieu of one (1) member for a four-year term, a member of City Council may be appointed for an indefinite term. Thereafter, each member shall be appointed for a term of four (4) \] years.At the Board’s firstregular meeting and on the anniversary of the first meeting and each year thereafter, the Board shall appoint one (1) of its members to act as Chairman of the Board. The City Council shall make an appointment for any unexpired term in the event a vacancy arises. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: September 22, 2014 BY: Ed Brown COUNCILPERSON PASSED AND APPROVED: October 14, 2014 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 22, 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: AN ORDINANCE AMENDING CHAPTER 10 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO PROVIDE THAT THE MEMBERS OF THE RETAIL MARIJUANA LICENSING BOARD SHALL ALSO SERVE AS BOARD MEMBERS OF THE MEDICAL MARIJUANA LICENSING AUTHORITY SUMMARY: Attached is a proposed Ordinance which provides that the members of the Retail Marijuana Licensing Board shall also serve as the City’s Licensing Authority for Medical Marijuana facilities located in the City. 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. On June 23, 2014, by Ordinance No. 8750, the City Council adopted the City of Pueblo’s Retail Marijuana Code, Sec. 11-11-101 et seq. of the P.M.C. BACKGROUND: On September 8, 2014, by Resolution No. 13045, City Council decided that the licensing authority for medical marijuana facilities consist of five (5) persons appointed by the City Council. On September 8, 2014, by Resolution No. 13049, City Council appointed a five person Board to serve as the City’s Retail Marijuana Licensing Authority. 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: It has been recommended that the members of the Retail Marijuana Licensing Board should also serve as the City’s Licensing Authority for Medical Marijuana facilities located in the City. ALTERNATIVES: Advertising for and appointing a Medical Marijuana Licensing Board other than the members of the Retail Marijuana Licensing Board. RECOMMENDATION: Approval of this resolution. Attachments: Proposed Ordinance.