HomeMy WebLinkAboutBocc Packet 09252013 Marijuana RegulationsAGENDA ITEM SUMMARY
REGULAR MEETING DATE:
AGENDA ITEM TITLE:
September 25, 2013
An Ordinance of the Board of County
Commissioners of Pitkin County, Colorado
Establishing Pitkin County Retail Marijuana
Licensing Regulations and Designating a County
Official Responsible for Processing Applications
Concerning Retail Marijuana
STAFF RESPONSIBLE: John Ely, County Attorney
ISSUE STATEMENT: This is the second reading and public hearing of an Ordinance
establishing limited retail marijuana licensing regulations, designating a County official
responsible for processing applications and designating the BOCC as the entity responsible
for determining applications for retail marijuana licenses. The Ordinance has been noticed
for a second reading and public hearing.
BACKGROUND: Beginning on October 1, 2013, the State of Colorado will begin
accepting and processing applications for State licenses for retail marijuana. Both a State and
County license is required before any individual or enterprise can engage in retail marijuana
activities. The State will begin issuing licenses in January 2014.
The proposed Ordinance designates a local licensing authority as the entity responsible for
processing retail marijuana licenses and the BOCC as the body that will determine
applications for retail marijuana licenses. The local licensing authority is the individual or
office responsible for processing applications for the County. Part of the State application
procedure is to coordinate with local jurisdictions and refer one half of the licensing fee to the
local jurisdiction. For this reason, it is advised that this designation be made before October
1, 2013. The Ordinance also establishes that no County licenses will issue in advance of an
applicant receiving a State license for the same activity.
Pursuant to BOCC direction, the remainder of the proposed County regulations pertaining to
licensing criteria and requirements for retail marijuana licenses will be developed at future
Work Sessions.
LINK TO STRATEGIC PLAN: Safe and Healthy Community
BUDGETARY IMPACT: Cost of the retail marijuana program to be paid by licensing
and operating fees
RECOMMENDED BOCC ACTION: Adopt ordinance
ATTACHMENTS: Proposed Ordinance and attachment
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ESTABLISHING PITKIN COUNTY RETAIL MARIJUANA LICENSING REGULATIONS
AND DESIGNATING A COUNTY OFFICIAL RESPONSIBLE FOR PROCESSING
APPLICATIONS CONCERNING RETAIL MARIJUANA
ORDINANCE NO. -2013
RECITALS
1. Section 16 of Article XVIII of the Colorado Constitution permits the personal use and
possession of retail sale marijuana for adults under Colorado law.
2. To enact, restrict, and enforce the state constitution, the General Assembly enacted the
Colorado Retail Marijuana Code, Title 12, Article 43.4 of the Colorado Revised Statutes
("CRMC"), which regulates the cultivation, manufacture, sale, and testing of retail
marijuana.
3. CRMC authorizes counties and municipalities to determine whether to permit, as a matter
of state law, retail marijuana establishments within their jurisdictions.
4. The Board of County Commissioners (the "Board") desires to authorize licensing in
unincorporated Pitkin County as provided in § 12-43.4-301, C.R.S.; to establish specific
standards and procedures for local licensing of marijuana establishments engaged in the
cultivation, manufacture, sale, and testing of retail marijuana and retail marijuana
products, as provided by state law to protect the health safety, and welfare of the
residents of Pitkin County, by prescribing the number of retail marijuana establishments
in the county and the time, place, and manner in which retail marijuana establishments
may be conducted in the county.
5. The Board finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately upon final
reading and public hearing.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that the Pitkin County Clerk and Recorder is designated as the local licensing
authority and the BOCC is designated the body responsible for the issuance of retail marijuana
licenses.
This Ordinance shall be in incorporated into Title 6 of the Pitkin County Code under an
appropriate heading for Pitkin County marijuana regulations. This codification shall be in the
form as attached hereto as Exhibit "A".
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 11TH DAY OF
SEPTEMBER 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON SEPTEMBER 5, 2013
AND SEPTEMBER 12, 2013.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN
COUNTY WEBSITE (www.aspenpitkin.com) ON THE 13TH DAY OF SEPTEMBER 2013.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF
2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE DAY OF 2013.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL
PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE DAY OF
2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones George Newman, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
EXHIBIT A
PITKIN COUNTY RETAIL MARIJUANA LICENSING REGULATIONS
Article 1: Purpose and Intent
Section 16 of article XVIII of the Colorado Constitution permits the personal use and possession
of retail sale marijuana for adults. To enact, restrict, and enforce the state constitution, the
General Assembly enacted the Colorado Retail Marijuana Code, Title 12, Article 43.4 of the
Colorado Revised Statutes ("CRMC"). The CRMC authorizes counties and municipalities to
determine whether to permit, as a matter of state law, retail marijuana establishments within their
jurisdictions.
The purpose of these regulations is to authorize licensing in unincorporated Pitkin County as
provided in § 12-43.4-301, C.R.S. by establishing specific standards and procedures for local
licensing of marijuana establishments engaged in the cultivation, manufacture, sale, and testing
of retail marijuana and retail marijuana products, as provided by state law to protect the health
safety, and welfare of the residents of Pitkin County.
Article 2: Defined terms
The definitions in the CRMC, §12-43.4-103, C.R.S., shall apply to these regulations. The term
"Local Licensing Authority" means the Pitkin County Retail Marijuana Licensing Authority.
Article 3: Effective Date and Applicability
(a) Effective date. These regulations are effective upon final adoption of Ordinance No. -
2013. It shall be unlawful operate a retail marijuana establishment in unincorporated Pitkin
County for which a license is required under the CRMC without first having obtained a state
license and a Pitkin County license under these regulations.
(b) Applications for local licenses. The Local Licensing Authority shall receive and process
applications for licensing under the CRMC and these regulations.
(c) No entitlement of vested right. No person shall have any entitlement or vested right to
licensing under these regulations. To lawfully engage in the business of cultivation,
manufacture, sale, and testing of retail marijuana and retail marijuana products in unincorporated
Pitkin County, all persons or entities must obtain a license under these regulations.
Article 4: Licensing Authority
The Pitkin County Board of County Commissioners (the "Board") designates the Pitkin County
Clerk and Recorder or her designee to act as the Pitkin County Retail Marijuana Licensing
Authority.
Article 5: Licenses
The Board shall issue the following types of retail marijuana licenses should the applicant fulfill
the requirements for such license if and when the Board approves criteria for licensing: retail
marijuana store license; retail marijuana cultivation facility license; retail marijuana products
manufacturing facility license; and retail marijuana testing facility license.
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EXHIBIT A
The license requirements in these regulations shall be in addition to, and not in lieu of, any other
licensing and permitting requirements imposed by any State of Colorado or Pitkin County law.
A valid license is required from both the State of Colorado and Pitkin County before operation of
a retail marijuana establishment as provided by the CRMC. Each type of license is separate and
distinct from another and confers no right to conduct any activity not specifically licensed.
A person may operate a licensed retail marijuana store, retail marijuana cultivation facility, retail
marijuana products manufacturing facility, and retail marijuana testing facility license at the
same location if appropriate licenses for the activities are obtained. A person may operate a dual
medical marijuana facility and licensed retail marijuana establishment if appropriate licenses for
the activities are obtained. A dual medical marijuana center and retail marijuana store, dual
manufacturing facility, or dual testing facility shall maintain separate licensed premises,
including entrances and exits, inventory, point of sale operations, and record keeping. A dual
medical marijuana and retail marijuana cultivation facility operation shall maintain physical
separation of the two facilities, the plants, and inventory of the two facilities.
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