HomeMy WebLinkAboutbocc.ord.024.2014AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
REPEALING RESOLUTION # 062-2012 AND ADOPTING MEDICAL MARIJUANA
REGULATIONS INTO THE PITKIN COUNTY CODE, SECTION 6.49
ORDINANCE NO. any -2014
RECITALS
1. Medical marijuana use was authorized by Constitutional amendment approved by
electorate in 2000.
2. The State codified 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, which provided for only a limited County review
process focusing almost exclusively on compatibility with underlying zoning.
4. The attached medical marijuana licensing regulations allow discretion to the
BOCC in licensing procedures for medical marijuana establishments consistent with the
County's retail marijuana licensing regulations.
5. These medical marijuana licensing regulations provide for public hearing and
public notice of an application; preserve the requests of areas that wish to prohibit medical
marijuana operations; provide for processing and review by the County Clerk as the Local
Licensing Authority; and afford the BOCC the greatest amount of discretion and flexibility in
determining the appropriateness of awarding medical marijuana licenses.
6. The criteria and requirements for licensing medical marijuana establishments
depart from the County's retail marijuana licensing regulations in the following areas: age of
possession; necessity of a legitimate physician's prescription for the purchase of medical
marijuana products; and the application fee structure.
7. This Ordinance repeals Resolution #062-2012 previously adopting County
medical marijuana licensing regulations.
8. 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 adoption.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado, pursuant to C.R.S. § 12-43.3, el seq. and C.R.S. § 12-43.3-310, that
ORDMANCE #Oq-2014
Resolution #062-2012 is hereby repealed, and the attached medical marijuana licensing
regulations are adopted into Section 6.49 of the Pitkin County Code.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON JUNE 25, 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JUNE 26, 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON JUNE 27,
2014.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON JULY 9, 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON %- / 1 2014.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.asoenpitkin.com ) ON
—2-// 12014.
THIS ORDINANCE IS EFFECTIVE ON JULY 9, 2014
BOARD OF COUNTY COMMISSIONERS
By�—
Robert A. Itmer, Jr., Chair
Date: y
APPROVED AS TO FORM: MANAGER APPROVAL:
John Ely my A ey Jon Peacock County Manager
6.49: PITKIN COUNTY MEDICAL MARIJUANA LICENSING REGULATIONS
6.49.010: PURPOSE AND INTENT
Article 43.3 of Title 12 of the Colorado Revised Statutes (House Bill 10-1284) went into effect
on July 1, 2010. Known as the Colorado Medical Marijuana Code ("CMMC"), the CMMC gives
the State Medical Marijuana Licensing Authority the ability to promulgate rules necessary for
the proper regulation and control of the cultivation, manufacture, distribution, and sale of
medical marijuana and the enforcement of the CMMC. The CMMC authorizes counties and
municipalities to determine whether to permit, as a matter of state law, certain medical marijuana
businesses within their jurisdictions.
The purpose of these regulations is to authorize licensing in unincorporated Pitkin County as
provided in C.R.S. § 12-43.3-301 as amended, by establishing specific standards and procedures
for local licensing of medical marijuana centers, medical marijuana -infused products
manufacturers, and optional premises medical marijuana cultivation operations as provided by
state law; and to protect the health, safety, and welfare of the residents of Pitkin County by
prescribing the manner in which medical marijuana businesses can be conducted in the county.
6.49.020: DEFINED TERMS
The definitions in the Colorado Medical Marijuana Code, § 12-43.3-104, C.R.S. as amended,
shall apply to these regulations. The term "Licensing Authority" means the Pitkin County Clerk
and Recorder. The term "Board" shall mean the Pitkin County Board of County Commissioners.
6.49.030: EFFECTIVE DATE AND APPLICABILITY
A. Effective date. These regulations are effective upon final adoption of Ordinance No.
M-2014. It shall be unlawful operate a medical marijuana establishment in
unincorporated Pitkin County for which a license is required under the CMMC 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 CMMC and these regulations.
C. No entitlement or vested right. No person shall have any entitlement or vested right to
licensing under these regulations. To lawfully engage in the business of selling, or
cultivating medical marijuana or manufacturing medical marijuana -infused products in
unincorporated Pitkin County, all persons must obtain a license under these regulations.
6.49.040: LICENSING AUTHORITY
The Pitkin County Board of County Commissioners designates the Pitkin County Clerk and
Recorder or her designee to act as the Pitkin County Medical Marijuana Licensing Authority.
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6.49.050: LICENSES
The Board shall issue the following local licenses should the applicant fulfill the requirements
for such license: medical marijuana center license; optional premises cultivation license; medical
marijuana -infused products manufacturing license. Any of these licenses may be issued and
conditioned with specific requirements relating, to the particular licensee
An optional premises cultivation license may only be issued to a person licensed for a medical
marijuana center or medical marijuana -infused products manufacturing facility, who proposes to
grow and cultivate medical marijuana at an additional Colorado licensed premises contiguous or
not contiguous with the licensed premises of the person's medical marijuana center license or
medical marijuana -infused products manufacturing license.
Local license applications shall be reviewed in order of receipt of state license and completeness
of local license application.
6.49.060: MULTIPLE MEDICAL MARIJUANA LICENSES OR DUAL MEDICAL AND
RETAIL MARIJUANA LICENSES
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
any medical marijuana establishment as provided by the CMMC. 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 medical marijuana center and medical marijuana -infused
products manufacturing facility at the same location if appropriate licenses for the activities are
obtained. If appropriate licenses for the facilities are obtained, an optional premises cultivation
facility for medical marijuana may share a location with a retail marijuana cultivation facility.
A dual medical marijuana center and retail marijuana store or a dual retail marijuana
manufacturing facility and medical marijuana -infused products manufacturer may share the same
location if appropriate licenses are obtained, but these licenses shall maintain uses physically
separated in the premises, including entrances and exits, inventory, point of sale operations, and
record keeping.
The Board shall have the discretion to limit any location to only one licensed activity
6.49.070: LICENSING PROCEDURE AND CRITERIA
A. General Procedure. The Local Licensing Authority shall process and maintain all
complete local license applications as authorized by these regulations. Only upon receipt
of a state medical marijuana license shall a local license application be issued and
determined by the Board. Upon receipt of a local licensing application under these
regulations, the Local Licensing Authority shall request that the state licensing authority
conduct a concurrent review as described in paragraph 14 below. All applications for
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local licensing shall be made upon forms provided by Pitkin County and shall include the
following information:
The type of medical marijuana facility for which the license is sought;
2. Property owner authorization;
3. The name, address and disclosure of the county of residence of the applicant and
all individuals with an ownership interest in the application;
4. A site plan of all existing buildings on the property where the premises is located,
including a floor plan showing how the floor space will be used, parking for the
premises, total floor area of the building(s), height of the building(s), total area of
the property and the nature and location of any existing or proposed exterior
lighting and signage;
5. A site plan of any proposed building(s) to be constructed, including a floor plan
showing how the floor space is or will be used, location of proposed building(s)
on the property, total proposed floor area of the building(s), height of the
proposed building(s), the construction material of the proposed building(s), the
screening of the proposed building(s);
6. The number of employees, their names, addresses, ages, the results of any
background checks and if they hold occupational licenses;
7. Identification of any interior lighting, screening and odor mitigation equipment
and procedures to prevent the outflow of light and odor detrimentally impacting
surrounding properties; interior lighting;
8. A list of all other uses on the property;
9. The number of vehicle trips per day expected to be generated by the business;
10. The expected source and level of water use for the premises and viable water
supply for the anticipated level of consumption and disposal of any waste water,
waste marijuana or waste marijuana products;
11. Evidence that the premises is not within 1,000 feet of an existing alcohol or drug
treatment facility, licensed child care facilities, or educational facilities at the time
of initial licensing as measured from the closest point of the subject property
lines;
12. Statement of the relevant zoning;
13. The Local Licensing Authority or the Board at its discretion may require the
submission of additional materials as may be useful in making a determination
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under these regulations. The applicant shall be responsible for submitting
materials directly to the Local Licensing Authority.
B. Public Hearing. The Board shall schedule a public hearing on any initial application.
Notice of the public hearing shall be published by the applicant by posting a sign in a
conspicuous place on the premises for which a local license application has been made,
and by publication in the County's designated newspaper not less than ten days prior to
the hearing, consistent with state law.
C. Review Criteria. The Board shall consider the following criteria when evaluating a
medical marijuana license application:
The number of licenses issued for operation of a medical marijuana center;
2. The number of licenses issued for operation of an optional premises medical
marijuana cultivation facility;
3. The number of licenses issued for operation of a medical marijuana -infused
products manufacturing facility;
4. The activities associated with each type of medical marijuana establishment for
which a license is sought must comply with the zoning for the premises upon
which the medical marijuana establishment would be located;
5. The size of the facilities associated with a medical marijuana center license,
including setbacks from property boundary, visibility and proximity to
neighboring properties;
6. The size of the facilities associated with a medical marijuana optional premises
cultivation license, including setbacks from property boundary, visibility and
proximity to neighboring properties;
7. The size of the facilities associated with a medical marijuana -infused products
manufacturing license, including setbacks from property boundary, visibility and
proximity to neighboring properties;
9. The medical marijuana establishment shall not cause a detrimental material
increase in traffic impacts;
10. The visibility of the medical marijuana establishment;
11. The number of employees of the medical marijuana establishment;
12. Security concerns regarding the medical marijuana establishment;
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13. The physical characteristics of the property upon which the medical marijuana
establishment would be located;
14. The expected energy consumption of any proposed facility;
15. A license will not be issued for any medical marijuana center, optional premises
cultivation facility or medical marijuana -infused products manufacturing facility
in the Frying Pan, Woody Creek and Emma caucus areas; a license will not be
issued for an optional premises cultivation facility in the Snowmass/Capitol
caucus area and; a license will not be issued for a medical marijuana center in the
Village Commercial zone district (Town of Redstone);
16. The prohibition on the issuance of licenses as described in paragraph 15 above
shall remain in place until February 12, 2015.
17. All applications for any type of medical marijuana establishment shall be referred
to applicable caucus areas for recommendation and comment;
18. The degree to which the operation and facilities of the medical marijuana
establishment are detrimental to community character;
19. The reasonable requirements of the neighborhood, any reasonable restrictions that
should be placed upon a medical marijuana establishment, and the concentration
of the same class of medical marijuana license.
20. The Board shall grant or deny a license based solely upon its investigation and
findings. The Board shall deny any application that is not in full compliance with
these regulations.
6.49.080: TERM OF LICENSE; RENEWAL
Any Pitkin County license issued under these regulations shall be valid for a period of one year
from the date of issuance. A licensee shall submit a renewal application to the Local Licensing
Authority not less than forty-five (45) days before the expiration of the license. Renewal
applications may be processed administratively without a public hearing by the Pitkin County
Medical Marijuana Licensing Authority only if the application is complete and the full renewal
operating fee is paid, no violation of these regulations occurred during the previous license term,
no changes to the license are requested, there was continuous operation of the medical marijuana
establishment during the preceding three months and no complaints are outstanding regarding the
medical marijuana establishment concerning the previous license term. If a renewal application
does not meet the requirements to be processed administratively, then the renewal application
shall be heard by BOCC at public hearing under procedures in § 6.49.070(B) and review criteria
contained in § 6.49.070(C).
Renewal applications shall contain a description of all previous violations and complaints and
their outcome.
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The Local Licensing Authority shall not accept an application for renewal of a license after 45
days prior to the date of expiration, except as otherwise provided in this section. The Local
Licensing Authority may extend the expiration date of the license one time for a maximum of 30
days and accept a late application for renewal of a license provided that the applicant has filed a
timely renewal application with the state licensing authority.
Upon denial or revocation of a state license, any license issued under these regulations shall be
revoked.
6.49.090: SIGNS
No advertising sign or logo shall be permitted on any medical marijuana optional premises
cultivation facility. One advertising sign or logo may be placed to identify the medical
marijuana establishment other than cultivation facilities, which shall comply with the Pitkin
County Code § 7-60-50.
6.49.100: FACILITY REQUIREMENTS
A. All medical marijuana and marijuana products that have been prepared for sale, infusion
or manufacturing shall be stored within a completely enclosed, alarmed, and secure
building at all times.
B. All medical marijuana establishments shall satisfy all applicable Pitkin County Building,
Land Use, Zoning, and Fire Codes.
C. All medical marijuana establishments shall be equipped with a proper ventilation system
so that odors are filtered and do not materially interfere with the enjoyment of adjoining
property.
D. No medical marijuana establishment shall be permitted to operate from a moveable,
mobile or transitory facility, or make deliveries to medical consumers.
E. All medical marijuana centers shall not open earlier than 9:00 a.m. and shall close no
later than 9:00 p.m. There is no limit on the hours of operation for medical marijuana -
infused products manufacturing facilities and medical marijuana cultivation facilities.
F. At the discretion of the Board, a medical marijuana establishment shall have an on-site
caretaker or other resident occupant.
G. Any change of the ownership interest of any of the individuals or entities associated with
the medical marijuana establishment for which the license is granted shall be reported to
the Pitkin County Medical Marijuana Licensing Authority within 7 days of such change.
This report shall disclose which individuals no longer have an ownership interest in the
licensed facility or if applicable. what individuals have wined an ownership interest. All
individuals or entities with an ownership interest must provide all identifying information
required by the license application.
H. No sales of products other than marijuana or products containing marijuana shall be
available for sale at medical marijuana centers.
All licensees must maintain with the Pitkin County Licensing Authority an up to date list
of contact information for anyone in a managerial capacity for any medical marijuana
establishment. A manager shall be any individual with the authority and responsibility to
respond to any law enforcement inquiry, inspection request, emergency situation at the
facility or any other circumstance requiring immediate attention and action.
All licensees must maintain with the Pitkin County licensing authority a current list of
employees that discloses names, addresses, ages, results of state background checks, and
any occupational licenses.
K. All medical marijuana center licensees, their agents or employees and anyone conducting
sales to the general public shall be familiar with the potency of all products for sale and
shall be able and available to assist customers with their purchases by advising customers
of expected effects, the duration, strength and delay after actual consumption of each
infused product or strain of marijuana. All licensees shall participate in training
programs sanctioned by the Pitkin County Sheriff as those programs are developed.
L. An advisement on state and local laws and individual responsibility shall accompany any
sale of medical marijuana or medical marijuana product and shall also be displayed
prominently in any facility which offers medical marijuana or medical marijuana -infused
products for sale.
M All medical mariivana and medical marijuana -infused products must be cleariv labeled as
containing; marijuana and packaged in a childproof manner as required by State law. This
labeline must appear in English and Spanish.
6.49.110: CHANGES IN LICENSE
A. Transfer of Ownership. Any license issued under these regulations or renewal of such
license is not transferable or assignable.
B. Change of Location. Any license granted under these regulations is limited to the
location(s) specified on the license. Operation of a medical marijuana center license,
medical marijuana cultivation facility license or medical marijuana -infused products
manufacturing facility license at a new location requires a new license.
C. Modification of premises. Licenses issued are based upon representations made in the
application. Any structures identified in the application may not be enlarged nor
additional structures added to the licensed medical marijuana establishment until a
modification to the license is granted through application procedure in § 6.49.070(B) and
pursuant to the review criteria contained in § 6.49.070(C).
6.49.120: INSPECTION
By signing and submitting a license application, the owner(s) of the premises and the license
holder(s) consent to inspections of the premises by Pitkin County personnel and individuals
accompanied by Pitkin County personnel for the purpose of determining compliance with state
and county law.
6.49.130: PENALTIES & REVOCATION
A. The Board has the authority to suspend, restrict, or revoke a license or impose a fine upon
any violation of these regulations or license requirements or any rule promulgated
pursuant to these regulations.
B. Any violation of the Pitkin County Medical Marijuana Licensing Regulations or licensing
requirements may be subject to a fine of up to $1,000 per occurrence. Each day a
violation exists shall be considered a separate occurrence subject to fine.
C. Any complaint of a violation of Pitkin County Medical Marijuana Licensing Regulations
or license requirements shall be referred to either the Pitkin County Marijuana Licensing
Authority or the Pitkin County Attorney's Office and investigated if appropriate. If upon
investigation by Pitkin County a violation is found, a hearing on the violation will be
presided over by the Pitkin County Hearing Officer. Upon the Pitkin County Hearing
Officer's determination a violation occurred, the Board may suspend, restrict or revoke a
license and/or impose a fine. Pitkin County shall defer to the state to enforce compliance
with the requirements of the CMMC and any other state regulations not covered by these
regulations. A licensee may appeal the determination of violation by the Pitkin County
Hearing Officer to the Board at the same hearing in which the Board shall determine the
imposition of the penalty.
6.49.140: APPLICATION FEES
The application fee for any type of initial medical marijuana license is $1,000. The fee to renew
any type of medical marijuana license is $1,000.
Payments shall be made payable to the Pitkin County Treasurer. All fees are nonrefundable and must be
paid at or before the time of any license issuance. All fees associated with these regulations shall be
used as general funds of Pitkin County.
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