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HomeMy WebLinkAbout09805ORDINANCE NO. 9805 AN ORDINANCE AMENDING RULE 803 OF THE CITY OF PUEBLO’S RETAIL MARIJUANA RULES AND REGULATIONS, EXTENDING THE HOURS OF OPERATION FOR RETAIL MARIJUANA STORES WHEREAS, on November 6, 2012, the voters of the State of Colorado approved Amendment 64. Amendment 64 added §16 of Article XVIII to the Colorado Constitution, which authorized a system of state and local licensing of businesses engaged in the cultivating, testing, manufacturing, and selling of marijuana; and WHEREAS, Subsection 16(5)(f) of Article XVIII allows governmental entities, within their respective jurisdictions: to prohibit the operation of marijuana establishments; to regulate the time, place, and manner under which marijuana establishments may operate; and to limit the total number of establishments within their jurisdictions, including the authority to engage in local licensing of marijuana establishments; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Rule 803 of the City of Pueblo’s Retail Marijuana Rules and Regulations dated January 1, 2020, Edition 2, is hereby amended to read as follows: Rule 803: Hours of Operation and Access. 803.1 Store Hours. Retail marijuana stores \[may only be open to the public between the hours of 8:00 a.m. and 10:00 p.m. daily, and no sale or other distribution of marijuana may occur upon the premises outside of those hours\] shall not sell or serve retail marijuana between the hours of 12:00 a.m. and 8:00 a.m., Mountain Time, Monday through Sunday. \[A registered cultivation facility or its contracted agent may deliver marijuana or marijuana product to retail marijuana stores on any day and at any time except between the hours of 9:00 p.m. and 8:00 a.m.\] 803.2 Other Hours. Retail marijuana cultivation facilities, retail marijuana product manufacturing facilities, and retail marijuana testing facilities, may conduct business operations on the licensed premises at any time in accordance with state law. 803.3 Posting Required. Retail marijuana establishments must post their hours of operation at the main entry of the store or facility. 803.4 Public Access Restricted. Retail marijuana cultivation facilities, retail marijuana product manufacturing facilities, and retail marijuana testing facilities\[,\] shall \[not be open to the public, and\] track any visitors \[must be tracked\] in an entry log identifying the visitor’s name, entry and departure times, and the purpose of the visit. Visitors to such establishments must be escorted by a manager or owner at all times while within the facility and required to wear a badge identifying them as a visitor. In the event that a licensed retail marijuana store is located in the same building as a retail marijuana cultivation facility, retail marijuana product manufacturing, or retail marijuana testing facility, only the portion of the building occupied by the retail marijuana store shall be open to the general public. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. REST OF THIS PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 13, 2020. Final adoption of Ordinance by City Council on October 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on October 30, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-15 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Trevor D. Gloss, Assistant City Attorney SUBJECT: AN ORDINANCE AMENDING RULE 803 OF THE CITY OF PUEBLO’S RETAIL MARIJUANA RULES AND REGULATIONS, EXTENDING THE HOURS OF OPERATION FOR RETAIL MARIJUANA STORES SUMMARY: Attached for consideration is an amendment to Rule 803 of the City of Pueblo’s Retail Marijuana Rules and Regulations dated January 1, 2020, Edition 2, extending the Hours of Operation for Retail Marijuana Stores. PREVIOUS COUNCIL ACTION: None. BACKGROUND: State law allows Retail Marijuana Stores to operate between the hours of 8:00 a.m. and 12:00 a.m. (midnight) pursuant to 1 Colorado Code Regulations § 212-3:3-245, where the City has the authority to limit the hours further. The City of Pueblo currently limits the Hours of Operation of Retail Marijuana Stores to between the hours of 8:00 a.m. and 10:00 p.m. This Ordinance would amend Rule 803 of the City of Pueblo’s Retail Marijuana Rules and Regulations, bringing it in line with State law and allowing local Retail Marijuana Stores to operate for an additional two hours each night. FINANCIAL IMPLICATIONS: Sales tax revenue may increase with the extended hours of operation. BOARD/COMMISSION RECOMMENDATION: The City’s Retail and Medical Marijuana Licensing Authority has raised and discussed this issue at its regular meetings and recommends the passing of this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, Rule 803 of the Retail Marijuana Rules and Regulations will remain the same and Retail Marijuana Stores will continue to close at 10:00 p.m. RECOMMENDATION: Not applicable to this Ordinance. ATTACHMENTS: Proposed Ordinance