HomeMy WebLinkAboutbocc.ord.026.2014AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO
AMENDING SECTIONS 6.48.050; 6.48.070(A)(10) AND 6.48.100(G)
OF THE PITKIN COUNTY RETAIL MARIJUANA LICENSING REGULATIONS
AND ADDING SECTION 6.48.100(M) TO
THE PITKIN COUNTY RETAIL MARIJUANA LICENSING
REGULATIONS SECTION OF THE PITKIN COUNTY CODE
ORDINANCE NO.�-2014
RECITALS
1. The County's Retail Marijuana Licensing Regulations were adopted into Section 6.48 of
the Pitkin County Code on February 14, 2014.
2. An amendment to Section 6.48.070(C)(16) of the Pitkin County Code was adopted at a
confirmatory hearing of the Board on May 28, 2014.
3. At a Work Session discussion on June 10, 2014, the Board requested an amendment to
Sections 6.48.050 and 6.48.070(A)(10) of the Retail Marijuana Licensing Regulations
section of the Pitkin County Code.
4. At first reading of this ordinance on June 25, 2014, the BOCC requested amendments to
Section 6.48.100 of the Pitkin County Retail Marijuana Licensing Regulations. An
amendment to 6.48.100 (G) concerns the reporting of changes in the ownership interest in
the licensed retail marijuana establishment and the addition of 6.48.100(M) concerns
packaging and labeling of retail marijuana and marijuana -infused products.
4. This ordinance amends Sections 6.48.050, 6.48.070(A)(10) and 6.48.100(G) of the Pitkin
County Code and adds Section 6.48.100(M) to the Pitkin County Code.
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
adoption.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that:
• Sections 6.48.050; 6.48.070(A)(10) and 6.48.100(G) of the Retail Marijuana Licensing
Regulations section of the Pitkin County Code are hereby amended and;
• Section 6.48.100(M) is hereby added to the Retail Marijuana Licensing Regulations
section of the Pitkin County Code.
ORDINANCE #09-2014
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 4tE 2014.
POSTED QN THE OFFICL. dIAL PITKIN COUNTY WEBSITE ( www.aspenyitkin.com) ON
THE b17-� �Jul�r ,2014.
THIS ORDINANCE IS EFFECTIVE ON JULY 9, 2014.
APPROVED AS TO FORM:
John Ely, Co ey
BOARD OF COUNTY COMMISSIONERS
By. �C,1i
Robert A. Ittner, Jr., Chair
Date: `I
MANAGER APPROVAL
Jon Peae6c—k—,ICoiinty Manager
6.48: PITKIN COUNTY RETAIL MARIJUANA LICENSING REGULATIONS
6.48.010: PURPOSE AND INTENT
Section 16 of Article XVIII of the Colorado Constitution decriminalizes the personal use and
possession and retail sale of marijuana for adults. To implement the state constitution, the
General Assembly enacted the Colorado Retail Marijuana Code, Title 12, Article 43.4 of the
Colorado Revised Statutes ("CRMC").
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 retail 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.
6.48.020: DEFINED TERMS
The definitions in the CRMO, §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.
The term "Board" shall mean the Pitkin County Board of County Commissioners.
6.48.030: EFFECTIVE DATE AND APPLICABILITY
A. Effective date. These regulations are effective upon final adoption of Ordinance No.
005-2014. 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 or 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.
6.48.040: 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 Retail Marijuana Licensing Authority.
6.48.050: LICENSES
The Board shall issue the following types of retail marijuana licenses should the applicant fulfill
the requirements for such license: retail marijuana store license; retail marijuana cultivation
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facility license; retail marijuana products manufacturing facility license; and retail marijuana
testing facility license. Any of these licenses may be issued and conditioned with specific
requirements relating to the particular licensee.
Local license applications shall be reviewed in order of receipt of state license and completeness
of local license application.
6.48.060: MULTIPLE RETAIL MARIJUANA OR MEDICAL 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
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 products manufacturing
facility, and retail marijuana testing facility at the same location if appropriate licenses for the
activities are obtained. The location of a retail marijuana cultivation facility may only be shared
with a retail marijuana testing facility, an optional premises cultivation facility for medical
marijuana or a retail marijuana products manufacturing facility if appropriate licenses for the
facilities are obtained.
A dual medical marijuana center and retail marijuana store, dual retail marijuana manufacturing
facility and medical marijuana infused products manufacturer, or dual testing facility 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. A dual medical marijuana optional premises cultivation growing
facility and retail marijuana cultivation facility operations shall maintain physical separation of
the two facilities, the plants, and inventory of the two facilities.
The Board shall have the discretion to limit any location to only one licensed activity.
Physical separation is not required if the licensee complies with the Colorado Department of
Revenue, Marijuana Enforcement Division, Marijuana Inventory Tracking Soultions ("MITS").
MITS is applicable for any retail marijuana license issued in combination with any medical
marijuana license.
6.48.070: 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 retail marijuana license shall a local license application be reviewed and
determined by the Board. Upon issuance of a local license, Pitkin County shall inform
the state of the local license issuance. All applications for local licensing shall be made
upon forms provided by Pitkin County and shall include the following information:
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I . The type of retail 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
under these regulations. The applicant shall be responsible for submitting
materials directly to the Local Licensing Authority.
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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 license 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 retail
marijuana license application:
1. The number of licenses issued for operation of a retail marijuana store;
2. The number of licenses issued for operation of a retail marijuana cultivation
facility;
3. The number of licenses issued for operation of a retail marijuana products
manufacturing facility;
4. The number of licenses issued for operation of a retail marijuana testing facility;
5. The activities associated with each type of retail marijuana establishment for
which a license is sought must comply with the zoning for the premises upon
which the retail marijuana establishment would be located;
6. The size of the facilities associated with a retail marijuana store license, including
setbacks from property boundary, visibility and proximity to neighboring
properties;
7. The size of the facilities associated with a retail marijuana cultivation license,
including setbacks from property boundary, visibility and proximity to
neighboring properties;
8. The size of the facilities associated with a retail marijuana products
manufacturing license, including setbacks from property boundary, visibility and
proximity to neighboring properties;
9. The size of the facilities associated with a retail marijuana testing license,
including setbacks from property boundary, visibility and proximity to
neighboring properties;
10. The retail marijuana establishment shall not cause a detrimental material increase
in traffic impacts;
11. The visibility of the retail marijuana establishment;
12. The number of employees of the retail marijuana establishment;
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13. Security concerns regarding the retail marijuana establishment;
14. The physical characteristics of the property upon which the retail marijuana
establishment would be located;
15. The expected energy consumption of any proposed facility;
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; provided, however, that with respect to
the Crystal River Caucus Area, this prohibition shall not apply to the renewal of a
license for a retail marijuana establishment that is in existence as of the date of
adoption of this Ordinance, provided that said renewal is approved by the Board
of County Commissioners and provided further that no physical expansion of said
facility shall be permitted, or to a conversion of an existing medical marijuana
optional premises cultivation (grow) facility license to a retail marijuana
cultivation facility license that will be located at a retail marijuana cultivation
facility that is in existence as of the date of adoption of this Ordinance, provided
that said conversion has been approved by the Board of County Commissioners
and provided further that no physical expansion of said facility shall be permitted.
All applications for any type of retail marijuana establishment shall be referred to
the appropriate caucus for recommendation and comment.
17. The degree to which the operation and facilities of the retail marijuana
establishment are detrimental to community character;
18. The reasonable requirements of the neighborhood, any reasonable restrictions that
should be placed upon a retail marijuana establishment, and the concentration of
the same class of retail marijuana license.
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.
6.48.080: 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 at least 30 days before
the expiration of the license. Renewal applications may be processed administratively without a
public hearing by the Pitkin County Retail 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 retail marijuana establishment during the preceding three months and no
complaints are outstanding regarding the retail marijuana establishment concerning the previous
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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 § 6.48.070(B) and review criteria contained in § 6.48.070(C).
Renewal applications shall contain a description of all previous violations and complaints and
their outcome.
The Local Licensing Authority shall not accept an application for renewal of a license after 30
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.
6.48.090: SIGNS
No advertising sign or logo shall be permitted on any retail marijuana cultivation facilities. One
advertising sign or logo may be placed to identify the retail marijuana establishment other than
cultivation facilities, which shall comply with the Pitkin County Code § 7-60-50.
6.48.100: FACILITY REQUIREMENTS
A. All retail marijuana and marijuana products that have been prepared for sale, testing,
infusion or manufacturing shall be stored within a completely enclosed, alarmed, and
secure building at all times.
B. All retail marijuana establishments shall satisfy all applicable Pitkin County Building,
Land Use, Zoning, and Fire Codes.
C. All retail 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 retail marijuana establishment shall be permitted to operate from a moveable, mobile
or transitory facility, or make deliveries to retail consumers.
E. All retail marijuana stores 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 retail marijuana products
manufacturing facilities, retail marijuana testing facilities and retail marijuana cultivation
facilities.
F. At the discretion of the Board, a retail 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 retail marijuana establishment for which the license is granted shall be reported to the
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Pitkin County Retail Marijuana Licensing Authority within 7 days of such change. This
report shall disclose which individuals no longer have to ownership interest in the
licensed facility or if applicable. what individuals have gained 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 retail marijuana stores. No individuals under the age of 21 shall be
allowed admittance into any retail marijuana store.
I. 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 retail 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.
J. 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 retail marijuana store 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 retail marijuana or retail marijuana product and shall also be displayed
prominently in any facility which offers retail marijuana or retail marijuana products for
sale.
M. All retail mariivana and retail marijuana -infused products must be clearly identified as
containing mari[uana and packaged in a childproof manner as required by State law. ']'his
labeling shall appear in English and Spanish
6.48.110: 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 retail marijuana store license; retail
marijuana cultivation facility license; retail marijuana products manufacturing facility
license; retail marijuana testing facility license at a new location requires a new license.
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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 retail marijuana establishment until a
modification to the license is granted through application procedure in § 6.48.070(B) and
pursuant to the review criteria contained in § 6.48.070(C).
6.48.120: 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.
6.48.130: 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 Retail 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 Retail 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 CRMC 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.
6.48.140: OPERATING FEES
Operating Fees Applicable to: Initial License Renewal License
Retail marijuana store $3,000 $1,500
Retail marijuana cultivation facility $3,000 $1,500
Retail marijuana products manufacturing facility $3,000 $1,500
Retail marijuana testing facility $3,000 $1,500
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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