HomeMy WebLinkAbout11273Docusign Envelope ID: 08C86CB3-BF5F-82CB-8316-1 A879F95D8F6
ORDINANCE NO. 11273
AN ORDINANCE IMPOSING A TWENTY -FOUR -MONTH
MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS
FOR AND THE ISSUANCE OF NEW RETAIL MARIJUANA
STORE FACILITY LICENSES UNDER CHAPTER 11 OF TITLE
XI OF THE PUEBLO MUNICIPAL CODE
WHEREAS, Pueblo is a home rule municipality organized and existing under Article XX
of the Colorado Constitution, which vests in home rule municipalities plenary authority over
matters of local concern, including the licensing and regulation of retail marijuana
establishments; and
WHEREAS, Section 3-13 of the Pueblo City Charter provides that City Council may
provide for the issuance, suspension, or revocation of licenses and permits for regulatory
purposes; and
WHEREAS, Section 16(5)(f) of Article XVIII of the Colorado Constitution authorizes a
locality to enact ordinances governing the time, place, manner, and number of marijuana
establishment operations, and to prohibit the operation of retail marijuana stores through the
enactment of an ordinance; and
WHEREAS, C.R.S. § 44-10-104(3) provides that any local jurisdiction may enact
ordinances or regulations governing the time, place, manner, and number of retail marijuana
businesses, or may prohibit the operation of retail marijuana businesses through the enactment
of an ordinance; and
WHEREAS, City Council has adopted Chapter 11 of Title XI of the Pueblo Municipal
Code to regulate retail marijuana establishments in Pueblo; and
WHEREAS, Section 11-11-302(b) of the Pueblo Municipal Code caps the number of
retail marijuana store facility licenses that may be issued at four (4) per retail marijuana district,
and Section 11-11-103(15.5) of the Pueblo Municipal Code establishes two retail marijuana
districts in Pueblo, together producing a citywide cap of eight (8) retail marijuana store facility
licenses; and
WHEREAS, Section 11-11-303(a) of the Pueblo Municipal Code expressly provides that
every license issued under Chapter 11 of Title XI confers only a limited and conditional privilege
and may be further regulated, limited, or completely extinguished at the discretion of City
Council, without any compensation to the licensee; and
WHEREAS, Section 11-11-303(b) of the Pueblo Municipal Code further provides that no
licensee has any vested right to continue operating under the provisions of Chapter 11 of Title
XI as they existed at the time the license was approved or issued, and that every license is
subject to any ordinance or prohibition adopted after the license was approved or issued; and
WHEREAS, one retail marijuana store facility license has been surrendered and
additional surrenders are anticipated, and City Council desires to pause the acceptance of
applications for and the issuance of new retail marijuana store facility licenses to permit further
study of the appropriate number of retail marijuana store facility licenses in Pueblo before any
additional licenses are issued; and
Docusign Envelope ID: 08C86CB3-BF5F-82CB-8316-1 A879F95D8F6
WHEREAS, this Ordinance imposes a temporary moratorium of twenty-four (24) months,
does not amend the codified text of Chapter 11 of Title XI of the Pueblo Municipal Code, and
does not affect the renewal of existing retail marijuana store facility licenses, the transfer of
ownership of existing retail marijuana store facility licenses, the change of location of existing
retail marijuana store facility licenses, other classes of retail marijuana licenses, or any medical
marijuana license; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The recitals set forth above are true and correct and are incorporated as findings of the
City Council in support of this Ordinance.
SECTION 2.
Beginning on the effective date of this Ordinance and continuing for a period of twenty-
four (24) months thereafter, or until further action of City Council, whichever occurs first (the
"Moratorium Period"), the Local Licensing Authority shall not accept any new application for, or
issue, any retail marijuana store facility license under Chapter 11 of Title XI of the Pueblo
Municipal Code. During the Moratorium Period, Section 11-11-302(b) of the Pueblo Municipal
Code and Sections 11-11-307, 11-11-310, and 11-11-311 of the Pueblo Municipal Code, as
they relate to new applications for retail marijuana store facility licenses, shall not require the
acceptance of any new application or the issuance of any new license.
SECTION 3
Nothing in this Ordinance affects, restricts, or delays any of the following: (a) the renewal
of any retail marijuana store facility license issued before the effective date of this Ordinance
under Section 11-11-317 of the Pueblo Municipal Code; (b) the transfer of ownership of any
retail marijuana store facility license issued before the effective date of this Ordinance under
Section 11-11-315 of the Pueblo Municipal Code; (c) the change of location of any retail
marijuana store facility license issued before the effective date of this Ordinance under Section
11-11-315 of the Pueblo Municipal Code; (d) the acceptance, review, or issuance of any retail
marijuana cultivation facility license, retail marijuana products manufacturer license, or retail
marijuana testing facility license under Section 11-11-302(a)(1) through (3) of the Pueblo
Municipal Code; or (e) any medical marijuana license issued under Chapter 10 of Title XI of the
Pueblo Municipal Code.
SECTION 4.
Any application for a new retail marijuana store facility license that has been accepted by
the Local Licensing Authority as complete but not yet approved as of the effective date of this
Ordinance shall be held in abeyance during the Moratorium Period. Upon expiration of the
Moratorium Period, the Local Licensing Authority shall resume review of any such application in
accordance with Chapter 11 of Title XI of the Pueblo Municipal Code, unless the application is
withdrawn by the applicant or is otherwise subject to a further ordinance of City Council. No
application fee paid before the effective date of this Ordinance shall be refunded, and no
additional fee shall be charged solely by reason of the abeyance imposed by this Section.
Docusign Envelope ID: 08C86CB3-BF5F-82CB-8316-1 A879F95D8F6
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to effectuate the policies and procedures described herein.
SECTION 6.
If any provision of this Ordinance is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall continue in full force and effect.
.qFfTlnnl 7
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 14, 2026.
Final adoption of Ordinance by City Council on September 28, 2026. DocuSignedby:
President of City Council
Action by the Mayor:
q Approved on
❑ Disapproved on
09/29/2026
based on the following objections:
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
'Lsgnleid by:
�t
C4 Y' tar
aa6i1.._
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST Docusignedby:
City Clerk
Docusign Envelope ID: 08C86CB3-BF5F-82CB-8316-1 A879F95D8F6
City Clerk's Office Item # S1
COUNCIL MEETING DATE: September 28, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT: AN ORDINANCE IMPOSING A TWENTY -FOUR -MONTH
MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND
THE ISSUANCE OF NEW RETAIL MARIJUANA STORE FACILITY
LICENSES UNDER CHAPTER 11 OF TITLE XI OF THE PUEBLO
MUNICIPAL CODE
SUMMARY:
The attached Ordinance imposes a temporary moratorium of twenty-four (24) months
on the acceptance of new applications for, and the issuance of, retail marijuana store
facility licenses under Chapter 11 of Title XI of the Pueblo Municipal Code. The
moratorium applies only to new retail marijuana store facility licenses. It does not affect
the renewal of existing licenses, the transfer of ownership of existing licenses, the
change of location of existing licenses, other retail marijuana license classes (cultivation
facilities, products manufacturers, and testing facilities), or medical marijuana licenses.
The Ordinance is not codified in the Pueblo Municipal Code. It stands as a stand-alone
regulatory ordinance and expires by its own terms upon the earlier of twenty-four (24)
months after the effective date or further action of City Council.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Section 11-11-302(b) of the Pueblo Municipal Code caps the number of retail marijuana
store facility licenses at four (4) per retail marijuana district. Section 11 -11-103(15.5) of
the Pueblo Municipal Code establishes two retail marijuana districts in Pueblo, one
located north of the Arkansas River and one located south of the Arkansas River.
Together, these two sections produce a citywide cap of eight (8) retail marijuana store
facility licenses.
Docusign Envelope ID: 08C86CB3-BF5F-82CB-8316-1 A879F95D8F6
As of the date of this Ordinance, one retail marijuana store facility license has been
surrendered and additional surrenders are anticipated. City Council desires to pause
the acceptance and issuance of new retail marijuana store facility licenses for twenty-
four (24) months to permit further study of the appropriate number of licenses in Pueblo
before additional licenses are issued to fill any vacated slots.
Colorado law expressly authorizes this action. Section 16(5)(f) of Article XVIII of the
Colorado Constitution provides that a locality may enact ordinances governing the time,
place, manner, and number of marijuana establishment operations, and may prohibit
the operation of retail marijuana stores through the enactment of an ordinance. C.R.S.
§ 44-10-104(3) tracks that authority for retail marijuana businesses. Section 11-11-303
of the Pueblo Municipal Code further reserves to City Council the authority to further
regulate, limit, or completely extinguish retail marijuana licenses at Council's discretion,
and provides at Subsection (b) that no licensee has any vested right to continue
operating under the provisions of Chapter 11 of Title XI as they existed at the time the
license was approved or issued.
The moratorium does not affect the renewal of existing licenses under Section 11-11-
317 of the Pueblo Municipal Code, the transfer of ownership of existing licenses under
Section 11-11-315 of the Pueblo Municipal Code, or the change of location of existing
licenses under Section 11-11-315 of the Pueblo Municipal Code. The moratorium does
not affect any other class of retail marijuana license under Section 11-11-302(a) of the
Pueblo Municipal Code and does not affect any medical marijuana license under
Chapter 10 of Title XI of the Pueblo Municipal Code.
Any application for a new retail marijuana store facility license that has been accepted
by the Local Licensing Authority as complete but not yet approved as of the effective
date of this Ordinance will be held in abeyance during the moratorium period. Upon
expiration of the moratorium period, the Local Licensing Authority will resume review of
any such application in accordance with Chapter 11 of Title XI of the Pueblo Municipal
Code, unless the application is withdrawn by the applicant or is otherwise subject to a
further ordinance of City Council.
FINANCIAL IMPLICATIONS:
There are no direct financial implications for the City from adoption of this Ordinance.
During the moratorium period, the City will not receive application fees for new retail
marijuana store facility licenses.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable
Docusign Envelope ID: 08C86CB3-BF5F-82CB-8316-1 A879F95D8F6
ALTERNATIVES:
If this Ordinance is not approved, the Local Licensing Authority remains obligated under
Sections 11-11-307, 11-11-310, and 11-11-311 of the Pueblo Municipal Code to accept
and process any application for a retail marijuana store facility license that would fall
within the cap of eight (8) licenses set by Section 11-11-302(b), and to issue a license
to any applicant that meets the requirements of the Chapter. City Council retains the
authority to amend Section 11-11-302(b) of the Pueblo Municipal Code by separate
ordinance to reduce the license cap on a permanent basis at any time.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
None