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HomeMy WebLinkAboutBOCC.packet 05 28 2014 - Retail Marijuana License Regulations 1 AGENDA ITEM SUMMARY REGULAR MEETING DATE: May 28, 2014 AGENDA ITEM TITLE: An Emergency Ordinance of the Board of County Commissioners of Pitkin County, Colorado Amending the Pitkin County Retail Marijuana Licensing Regulations to Prohibit the Issuance of Retail Marijuana Licenses in the Crystal River Caucus Area STAFF RESPONSIBLE: John Ely, County Attorney ISSUE STATEMENT: This is the confirmatory reading of an emergency ordinance adopted in a Special Meeting on May 6, 2014, amending the County’s retail marijuana licensing regulations. This emergency ordinance brings the County’s retail marijuana licensing regulations into compliance with the recommendations of the County’s caucus areas. BACKGROUND: The County’s retail marijuana licensing regulations were adopted on February 12, 2014 by Ordinance #04-2014. The BOCC accepted the recommendation of the Snowmass-Capitol, Frying Pan, Woody Creek and Emma Caucuses to prohibit the issuance of any type of retail marijuana licenses in their caucus areas for a period of one year following the adoption of the regulations. Since the time of enactment of the County’s retail marijuana licensing regulations, the Crystal River Caucus has requested that retail marijuana licenses not be issued in its caucus area. This emergency ordinance amends Section 6.48.70(C)(16) of the Pitkin County Retail Marijuana Licensing Regulations to include the Crystal River Caucus in the areas prohibiting licensing of retail marijuana establishments. The authority to regulate in such a fashion is granted by C.R.S. § 12.43.4-104. LINK TO STRATEGIC PLAN: Safe and healthy community BUDGETARY IMPACT: None RECOMMENDED BOCC ACTION: Confirm ordinance adopted on May 6, 2014 ATTACHMENTS: Emergency Ordinance, Retail Marijuana Licensing Regulations Section 6.48.70(C)(16) as amended AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING THE PITKIN COUNTY RETAIL MARIJUANA LICENSING REGULATIONS TO PROHIBIT THE ISSUANCE OF RETAIL MARIJUANA LICENSES IN THE CRYSTAL RIVER CAUCUS AREA ORDINANCE NO. _______-2014 RECITALS 1. BOCC desires to accept the recommendations of County caucuses concerning the issuance of retail marijuana licenses for a period of one year following adoption of the County retail marijuana licensing regulations. 2. The BOCC adopted its retail marijuana licensing regulations into Title 6, Section 6.48 of the Pitkin County Code on February 12, 2014 pursuant to Ordinance #04-2014. 3. Since the time of enactment of the County’s retail marijuana licensing regulations, the Crystal River Caucus has requested that retail marijuana licenses not be issued within its caucus area. 4. Section 6.48.70(C)(16) of the Pitkin County Retail Marijuana Licensing Regulations prohibits a license for any type of retail marijuana establishment from being issued in the following caucus areas for a period of one year following the adoption of the regulations: Snowmass-Capitol, Frying Pan, Woody Creek and Emma. 5. At this time the BOCC desires to amend Section 6.48.70(C)(16) of the retail marijuana licensing regulations to include the Crystal River Caucus in the areas prohibiting licensing of retail marijuana establishments. C.R.S.§ 12-43.4-104 grants local governments the authority to so regulate. 6. 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 May 6, 2014 pursuant to Pitkin County Home Rule Charter Section 2.8.2. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that effectively immediately: 1. The Retail Marijuana Licensing Regulations adopted into the Pitkin County Code on February 12, 2014 shall be amended to include the Crystal River Caucus in Section 6.48.70(C)(16), prohibiting a license from being issued for any type of retail marijuana establishment in the Crystal River Caucus area. ORDINANCE #____-2014 2 2. All other terms of the Pitkin County Retail Marijuana Licensing Regulations as adopted on February 12, 2014 remain unchanged and in full force and effect. INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE AT A SPECIAL MEETING ON THE 6TH DAY OF MAY 2014 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 28TH DAY OF MAY 2014. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON MAY 15 2014. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON MAY 16, 2014. CONFIRMED AT A PUBLIC HEARING ON THE 28TH DAY OF MAY 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE _____ DAY OF MAY 2014. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE www.aspenpitkin.com ON THE ______DAY OF_______________ 2014. THIS ORDINANCE IS EFFECTIVE ON MAY 6, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Jeanette Jones Robert A. Ittner, Jr., Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Jon Peacock, County Manager Retail Marijuana Licensing Regulations Amendment to 6.48.70(C)(16): A license for a retail marijuana establishment shall not be issued for any type of retail marijuana establishments in the following Caucus Areas for a period of one year following the adoption of these regulations: Snowmass-Capitol , Frying Pan, Woody Creek, Emma and Crystal River. All applications for any type of retail marijuana establishment shall be referred to the appropriate caucus for recommendation and comment.