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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 Clerk’s 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.