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HomeMy WebLinkAboutbocc.ord.013.2015AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY AUTHORIZING AN AMENDMENT TO SECTIONS 6.48.140 AND 6.49.140 OF THE PITKIN COUNTY CODE ESTABLISHING THE FEE SCHEDULE FOR RETAIL AND MEDICAL MARIJUANA LICENSE APPLICATIONS ORDINANCE NO. & 3 -2015 RECITALS I. Sections 6.48.140 and 6.49.140 respectively establish the fee schedule for retail and medical marijuana license applications. 2. Pursuant to Sections 6.48.110(C) and 6.49.1 10(C) of the Pitkin County Code, which respectively regulate modification of premises changes to retail and medical marijuana licenses, an application made to the Pitkin County licensing authority for a modification of premises defaults to being treated as an application for a newly licensed facility requiring a fee of $3,000 for a retail marijuana modification of premises application and $1,000 for a medical marijuana modification of premises application. 3. An application for a modification of premises license does not involve the significant staff time of a new application, making the current required fee excessive. 4. Sections 6.48.140 and 6.49.140 shall be amended to establish a fee of $150 for a modification of premises license application for both retail and medical marijuana licensed premises. This fee is consistent with that charged for a modification to a Pitkin County liquor license. 5. There is no change to Sections 6.48.110(C) and 6.49.110(C), which require BOCC review of the extent of any application for a retail or medical marijuana modification of premises license and enlist the decision as to whether or not to grant such a license to the discretion of the BOCC. 6. This action is brought as an emergency in order to alleviate the fee burden imposed upon a currently pending application for a modification to premises of an existing retail and medical marijuana license. 7. 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 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 Sections 6.48.140 and 6.49.140 of the Retail and Medical Marijuana Licensing Regulations of the Pitkin County Code are hereby amended to establish a ORDINANCE #_2015 PAGE fee of $150 for an application for modification of premises as set forth in Exhibit 1 attached hereto. INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE 25TH DAY OF MARCH 2015 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 8TH DAY OF APRIL 2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON �1 �� , 2015. NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN�WEBSITE www.asl2enpitkin.com ON THE QDAY OF 2015. CONFIRMED AT A PUBLIC HEARING ON THE 8"' DAY OF APRIL 2015. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY 41-16- 96P/:5— POSTED O/S POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI IAL PITKIN COUNTY WEBSITE www.asi2enpitkin.com ON THE DAY OF 2015. THIS ORDINANCE IS EFFECTIVE ON MARCH 25, 2015. ATTPS'): 1 BOARD OF COUNTY COMMISSIONERS By By: 7F- Jea tte Jones Steven F. Child, Chair De r ty County Clerk Date: APPROVED AS TO FORM: John El v ounty orney MANAGER APPROVAL Ion Peacock' -County Manager EXHIBIT "I" Retail Marijuana Licensing Regulations: 6.48.140: OPERATING FEES Operating Fees Applicable to: Initial License Retail marijuana store $3,000 Retail marijuana cultivation facility $3,000 Retail marijuana products manufacturing facility $3,000 Retail marijuana testing facility $3,000 Modification ofPremises $ 150 Medical Marijuana Licensing Regulations: 6.49.140: APPLICATION FEES Renewal License $1,500 $1,500 $1,500 $1,500 The application fee for any type of initial medical marijuana license is $1,000. The application fee for a modification of premises application is $150. 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.