HomeMy WebLinkAbout08916ORDINANCE NO. 8916
AN ORDINANCE AMENDING CHAPTERS 10 AND 11 OF
TITLE XI OF THE PUEBLO MUNICIPAL CODE TO GRANT
THE MEDICAL MARIJUANA AUTHORITY BOARD AND
THE RETAIL MARIJUANA AUTHORITY BOARD THE
AUTHORITY TO GRANT EXCEPTIONS TO THE
LICENSING REQUIREMENTS FOR MEDICAL AND
RETAIL MARIJUANA FACILITIES AND PROVIDING
PENALTIES THEREFOR
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 11-10-203 of Chapter 10, Title 11, Pueblo Municipal Code, as amended,
is hereby amended to read as follows:
Sec. 11-10-203. Powers of the Authority.
(a) The Authority shall have the following powers:
(1) To issue or deny medical marijuana licenses and renewals of the
same with the City.
(2) To impose sanctions on any license issued by the Authority on its
own motion or on complaint by the City for any violation by the licensee after
investigation and public hearing at which the licensee shall be afforded an
opportunity to be heard.
(3) To issue approvals and disapprovals as provided in this Chapter.
(4) To conduct hearings, grant or deny motions, make findings and
orders, administer oaths, and issue subpoenas to require the presence of
persons and the production of papers, books and records necessary to the
determination of any hearing which it is authorized to conduct.
. . .
(11) To grant exceptions to the licensing requirements set forth in
Section 11-10-308(6)(d) provided that the Licensee and licensed premises
fully comply with all state laws, rules and regulations and after considering
whether granting the exception(s) will have a negative impact on the health,
safety and welfare of the surrounding neighborhood or public in general.
SECTION 2.
Section 11-11-203 of Chapter 11, Title 11, Pueblo Municipal Code, as amended,
is hereby amended to read as follows:
(a) The Authority shall have the following powers:
(1) To issue or deny medical marijuana licenses and renewals of the
same with the City.
(2) To impose sanctions on any license issued by the Authority on its
own motion or on complaint by the City for any violation by the licensee after
investigation and public hearing at which the licensee shall be afforded an
opportunity to be heard.
(3) To issue approvals and disapprovals as provided in this Chapter.
(4) To conduct hearings, grant or deny motions, make findings and
orders, administer oaths, and issue subpoenas to require the presence of
persons and the production of papers, books and records necessary to the
determination of any hearing which it is authorized to conduct.
. . .
(11) To grant exceptions to the licensing requirements set forth in
Section 11-10-308(6)(d) provided that the Licensee and licensed premises
fully comply with all state laws, rules and regulations and after considering
whether granting the exception(s) will have a negative impact on the health,
safety and welfare of the surrounding neighborhood or public in general.
SECTION 3.
Any person who violates Sections 11-10-203 and 11-11-203 of the Pueblo
Municipal Code as amended hereby or violates this Ordinance as related thereto, shall
be guilty of a municipal offense and shall be punished as provided by Section 11-10-704
and 11-11-603, Pueblo Municipal Code, as amended.
SECTION 4.
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 5.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: August 24, 2015
BY: Dennis Flores
PASSED AND APPROVED: September 14, 2015
City Clerkâs Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 24, 2015
TO: President Steve Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Carla Sikes, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING CHAPTERS 10 AND 11 OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE TO GRANT THE MEDICAL MARIJUANA
AUTHORITY BOARD AND THE RETAIL MARIJUANA AUTHORITY BOARD
THE AUTHORITY TO GRANT EXCEPTIONS TO THE LICENSING
REQUIREMENTS FOR MEDICAL AND RETAIL MARIJUANA FACILITIES AND
PROVIDING PENALTIES THEREFOR
SUMMARY:
Attached is an Ordinance amending Sections 11-10-203 and 11-11-203 of the Pueblo Municipal
Code to grant the Medical Marijuana Authority Board and Retail Marijuana Authority Board the
authority to grant exceptions to the licensing requirements for medical and retail marijuana
facilities.
PREVIOUS COUNCIL ACTION:
There has been no previous Council action.
BACKGROUND:
During the course of reviewing several applications for medical and retail marijuana licenses,
certain applicants have requested exceptions to specific licensing requirements. In some
cases, the request was based upon good cause and would not have caused harm to the health
or safety of the public. However, the licensing provisions as currently written do not allow any
exceptions to be made and therefore, the applicant had to incur additional and possibly
unnecessary expense in order to obtain the license sought.
FINANCIAL IMPLICATIONS:
There are no financial implications.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Members of the public are the primary stakeholders affected by the proposed Ordinance
revision.
ALTERNATIVES:
Council can vote not to approve the proposed Ordinance.
RECOMMENDATION:
The City Attorney recommends approval of this Ordinance.
Attachments:
None.