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HomeMy WebLinkAbout08880 ORDINANCE NO. 8880 AN ORDINANCE AMENDING ORDINANCE NO. 8848 TO EXTEND THE TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, OR PROCESSING OF APPLICATIONS AND THE LICENSING, PERMITTING, ESTABLISHMENT, OR OPERATION OF RETAIL MARIJUANA STORES WHICH SELL MARIJUANA OR MARIJUANA PRODUCTS, INCLUDING THE USE OF LAND FOR SUCH PURPOSE OR PURPOSES WHEREAS, on May 28, 2013 City Council adopted Ordinance No. 8590 which placed a temporary moratorium on the possible implementation of Amendment 64 in the City and the acceptance of applications for City licenses from retail marijuana businesses; and WHEREAS, On April 14, 2014 City Council adopted Ordinance No. 8717 which further extended the moratorium for retail marijuana stores; and WHEREAS, On December 22, 2014 City Council adopted Ordinance No. 8818 which further extended the moratorium for retail marijuana stores; and WHEREAS, On February 23, 2015 City Council adopted Ordinance No. 8848 which further extended the moratorium for retail marijuana stores; and WHEREAS, good cause exists for the extension of the date of the moratorium for Retail Marijuana Stores until December 31, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Ordinance No. 8848, adopted on February 23, 2015, shall be and hereby is amended to provide that the termination date of the moratorium for Retail Marijuana Stores is extended until December 31, 2015. In all other respects, Ordinance No. 8848 shall remain in full force and effect. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance which are necessary to effectuate the transactions described herein. SECTION 3. This Ordinance shall become effective upon passage and approval. SECTION 4. This Ordinance is deemed necessary for the protection of the health, welfare, and safety of the City’s residents. INTRODUCED: May 26, 2015 BY: Dennis Flores PASSED AND APPROVED: June 8, 2015 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 26, 2015 TO: President Stephen G. Nawrocki 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 ORDINANCE NO. 8848 TO EXTEND THE TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, OR PROCESSING OF APPLICATIONS AND THE LICENSING, PERMITTING, ESTABLISHMENT, OR OPERATION OF RETAIL MARIJUANA STORES WHICH SELL MARIJUANA OR MARIJUANA PRODUCTS, INCLUDING THE USE OF LAND FOR SUCH PURPOSE OR PURPOSES SUMMARY: Attached is an Ordinance to extend the moratorium until December 31, 2015 for the acceptance of applications for City licenses for retail marijuana stores. PREVIOUS COUNCIL ACTION: On May 28, 2013 City Council adopted Ordinance No. 8590 which placed a temporary moratorium on the possible implementation of Amendment 64 in the City and the acceptance of applications for City licenses from retail marijuana businesses. On April 14, 2014 City Council adopted Ordinance No. 8717 which further extended the moratorium for retail marijuana stores. On December 22, 2014 City Council adopted Ordinance No. 8818 which further extended the moratorium for retail marijuana stores. On February 23, 2015 City Council adopted Ordinance No. 8848 which further extended the moratorium for retail marijuana stores. BACKGROUND: At its May 11, 2015 meeting, City Council directed staff to prepare a ballot question for the City’s November 3, 2015 General Election concerning the licensing and operation of retail marijuana stores within the City of Pueblo. The temporary moratorium on the licensing and operation of such retail stores must be extended until after the City’s general election. This ordinance extends the date of the moratorium for retail marijuana stores until December 31, 2015. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: Failure to enact this ordinance could result in the submission of applications for retail marijuana stores to the State of Colorado prior to necessary and appropriate changes to the City’s Municipal Code and land use code. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance