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HomeMy WebLinkAbout08095ORDINANCE NO. 8095 AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR CITY OF PUEBLO PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE 18, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGA -TION OF THE CITY'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE CITY COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW; AND DECLARING AN EMERGENCY WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ( "Article XVIII Section 14 ") which authorizes and limits the sale of medical marijuana for use in the treatment of debilitating medical conditions; and WHEREAS, the City Council has been made aware that staff has received inquiries from persons that are interested in opening and operating businesses that would offer medical marijuana for sale; and WHEREAS, the City has no current land use or business regulation governing the operation of businesses or cooperatives that offer medical marijuana for sale and /or distribution ( "Medical Marijuana Dispensaries "); and WHEREAS, the imposition of a ninety (90) day moratorium on the submission, acceptance, processing, and approval of all applications for City permits and licenses relating to the operation of Medical Marijuana Dispensaries will allow the City staff and the City Council to investigate the City's ability to regulate such businesses, and to develop and implement any appropriate regulations; and WHEREAS, a ninety (90) day moratorium is a reasonable length of time and no longer than necessary for the City to properly investigate, develop, and, if appropriate, adopt and implement any regulations with respect to Medical Marijuana Dispensaries; and WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by the imposition of such moratorium. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council. SECTION 2 Upon the adoption of this Ordinance, a moratorium is imposed upon the submission, acceptance, processing, and approval of all applications for permits and licenses by the City of Pueblo related to a Medical Marijuana Dispensary. The City staff and the City Planning and Zoning Commission are directed to refuse to accept for filing, and not to process or review, any such new applications for such businesses during the moratorium period. SECTION 3. Before the expiration of the moratorium imposed by this Ordinance the City Manager and City staff, working with the City Attorney, shall prepare and report to City Council appropriate regulations or ordinances for Medical Marijuana for consideration by the City Council. SECTION 4 The City Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Pueblo and the inhabitants thereof. SFrTin .ri The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (v) Section 31 -15 -501 (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers granted in the Pueblo Charter. SFrTinN F Pursuant to Section 3 -20 of the Charter, the Council finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation or protection of the public health, property and safety in order to prevent a person from filing an application for a City permit or license relating to the operation of a Medical Marijuana Dispensary until the City has had a reasonable opportunity to determine: (i) the extent of the City's regulatory authority over such businesses; and (ii) what regulations, if any, should be imposed by the City upon such businesses. Failure to immediately impose the moratorium provided for in this Ordinance will potentially allow acquisition of certain rights with respect to Medical Marijuana Dispensaries before the City Council has had the reasonable opportunity to consider appropriate regulations thereof. The City Council further determines that the adoption of this Ordinance as an emergency ordinance is in the best interest of the citizens of the City of Pueblo. SECTION 7 This Ordinance shall be effective immediately upon adoption. The moratorium imposed by this Ordinance shall commence as of the date of the adoption of this Ordinance, and shall expire ninety (90) days thereafter, unless repealed prior to that date. INTRODUCED: October 26. 2009 A77TSTFD SY: CITY CLERK BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf City Council PASSED AND APPROVED: November 2. 2009 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 1 DATE: October 26, 2009 DEPARTMENT: Law Department TITLE AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR CITY OF PUEBLO PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE 18, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE CITY'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE CITY COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW: AND DECLARING AN EMERGENCY ISSUE Should Council adopt an Emergency Ordinance imposing a temporary (90 -day) moratorium on City license and permit applications which involve Medical Marijuana Dispensaries? RECOMMENDATION Law Department recommends adoption of the Ordinance. BACKGROUND An initiated statewide measure in 2000, adopting Article 18, 114 of the Colorado Constitution, provided for medical use of marijuana for "debilitating medical conditions," as defined in the amendment and authorized possession of marijuana by both persons suffering from such conditions and their "primary care givers," also defined in the amendment. The amendment further provided for the Colorado Department of Public Health and Environment ( "CDPHE ") to establish a registry of patients and issue registry identification cards. The CDPHE has recently promulgated regulations establishing the registry and the number of registered medical marijuana patients has increased rapidly. Based upon the foregoing, Medical Marijuana Dispensaries have begun to be established in cities and towns throughout the State. Surprised by these new businesses, local communities have taken a variety of approaches, from outright bans, to various levels of regulation, to no action. Inquiries have been made to City staff from persons interested in operating Medical Marijuana Dispensaries in Pueblo, and it is appropriate for City Council to develop and adopt, as a matter of policy, the regulatory approach that should be taken in Pueblo. In order to allow time to do so, it is appropriate for Council to adopt a temporary moratorium on issuance of City licenses and permits that could be construed as authorizing such facilities. The Ordinance before Council would adopt, as an emergency ordinance, a temporary (i.e., 90 days) moratorium on applications for permits and licenses related to Medical Marijuana Dispensaries. FINANCIAL IMPACT Unable to determine.