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HomeMy WebLinkAboutbocc.ord.001.2014AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ESTABLISHING A TEMPORARY MORATORIUM TO SUSPEND THE ISSUANCE OF ALL NEW LICENSES PERTAINING TO MEDICAL MARIJUANA ORDINANCE NO. QO/ -2014 RECITALS 1. Medical marijuana use was authorized by Constitutional amendment approved by electorate in 2000. 2. The State has codified the regulations pertaining to medical marijuana in the Colorado Medical Marijuana Code Title 12, Article 43.3. 3. The BOCC previously adopted regulations pertaining to medical marijuana licensing pursuant to Resolution #062-2012. 4. The BOCC has been reviewing proposed regulations and procedures concerning the licensing of retail marijuana facilities. 5. It has been anticipated that following adoption of retail marijuana regulations, the BOCC would review and revise its regulations pertaining to medical marijuana. 6. Existing medical marijuana regulations provide for only a limited County review focusing almost exclusively on compatibility with underlying zoning. Existing medical marijuana regulations do not provide for public hearing or public notice of an application, action by the BOCC, or processing and review by the County Clerk. Currently it is the intention of the BOCC to integrate the procedures and regulations pertaining to licensing of medical marijuana and retail marijuana facilities as much as legally permissible and practical. 7. The moratorium is necessary to establish and maintain an integrated system of licensing medical marijuana and retail marijuana facilities. _ 8. This moratorium will preserve a competitive advantage for already existing and established medical marijuana businesses. 9. The BOCC 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 adoption on January 7, 2014 pursuant to Pitkin County Home Rule Charter Section 2.8.2. ORDINANCE #OLI -2014 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that a temporary moratorium on medical marijuana licensing is established. This moratorium shall not affect applications for any renewal of licenses for existing medical marijuana facilities, nor shall it apply to any complete applications previously submitted as of this date. The moratorium shall expire without further action of the BOCC five months from the date of adoption, on June 7, 2014. INTRODUCED AND ADOPTED ON TI -IE 71" DAY OF JANUARY 2014 AND SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON THE 22ND DAY OF JANUARY 2014. CONFIRMATORY READING AND PUBLIC HEARING CONTINUED TO FEBRUARY 12, 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JANUARY 9, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( wwwaspcnnitkin.com) ON THE 10TH DAY OF JANUARY 2014. CONFIRMED AT PUBLIC HEARING ON THE 12'" DAY OF FEBRUARY 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CQDlFIRMATORY READING IN THE ASPEN TIMES WEEKLY ON THE a QDAY OF K2014. POSTED N THE OPICIAL PITKIN COUNTY WEBSITE (yyww.aspitkin.wm) ON THE /�/ AY OF VeglU�o� 2014. THIS ORDINANCE IS EFFECTIVE ON JANUARY 7. 2014 ATTEST\ / \ BOARD OF COUNTY COMMISSIONERS BY'0 IM,01 By: kA Jeanett I t IJones George New an, COr / DeputyCounty Clerk V Date: 1 a ORDINANC17 #001 -2014 APPROVED AS TO FORM: MANAGER APPROVAL: John E , o norney Jon Peac ck, C ty Manager