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HomeMy WebLinkAbout08128ORDINANCE NO. 8128 AN ORDINANCE EXTENDING A TEMPORARY MORATORI- UM 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; AND DECLARING THE INTENTION OF THE CITY COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW WHEREAS, at 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, by Ordinance No. 8095, the City Council previously imposed 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 in order to 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, members of the Colorado General Assembly have publicly stated that legislation regulating Medical Marijuana Dispensaries will be introduced in the 2010 Legislative Session and will likely provide for regulation of such caregivers and dispensaries on a statewide basis; and WHEREAS, it is desirable that any City land use and business regulation of Medical Marijuana Dispensaries be consistent with any state statutes enacted during the 2010 Legislative Session; and WHEREAS, the 2010 General Assembly will convene in January 2010 and adjourn in May 2010; and WHEREAS, an extension of the moratorium to and until June 1, 2010 is a reason- able 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 which will be consistent with new legislation; and WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by the extension 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. SFrTinN 9 Upon the adoption of this Ordinance, the moratorium imposed by Ordinance No. 8095 is continued and extended 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, as extended. 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, which shall be consistent with any legislation adopted by the 2010 General Assembly. SFrTinN 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. SECTION 5 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. SECTION 6 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, consistent with state law. Failure to immediately impose the extended 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. 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 at 12:01 a.m. MST on June 1, 2010, unless repealed prior to that date. INTRODUCED: December 14, 2009 A77TSTDD SY: CITY CLERK BY: Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council PASSED AND APPROVED: December 28, 2009 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # R -11 DATE: December 14, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE EXTENDING 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; AND DECLARING THE INTENTION OF THE CITY COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW ISSUE Should Council adopt an Ordinance extending the temporary moratorium on City license and permit applications which involve Medical Marijuana Dispensaries to June 1, 2010? 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, Council previously adopted Ordinance No. 8095 imposing a 90 -day moratorium on issuance of City licenses and permits that could be construed as authorizing such facilities. Recently, members of the Colorado General Assembly have stated that legislation will be introduced in the 2010 legislative session to regulate Medical Marijuana Dispensaries on a state -wide basis. In order that the regulatory approach to be taken by Pueblo is consistent with any new statutory requirement, it is necessary that Pueblo further delay adoption of its requirements until adoption of new statutory requirements, which would occur prior to adjournment of the General Assembly in May 2010. The Ordinance before Council would extend that moratorium on applications for permits and licenses related to Medical Marijuana Dispensaries to and until June 1, 2010, to allow for consideration of any new statutory enactments. FINANCIAL IMPACT Unable to determine.