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.
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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