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HomeMy WebLinkAboutbocc.ord.034.2018 ORDINANCE AMENDING TITLE 6 (HEALTH AND SAFETY)SECTIONS 6.48.070 (C) (16) and 6.49.070 (C) (15) (16)and (17)OF THE PITKIN COUNTY CODE (MARIJUANA REGULATIONS) ORDINANCE NO. ö3 b/ -2018 RECITALS: 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary. 2. Pursuant to Ordinance No.002-2015, a moratorium was re-established prohibiting issuance of marijuana licenses in the Snowmass-Capitol,Frying Pan, Woody Creek and Emma Caucus areas and any marijuana retail store license in the Town of Redstone (Village Commercial District) in the Crystal River Caucus until February 15, 2018. 3. At the regular meeting of February 14, 2018, the BOCC amended Ordinance 002-2015 and the regulations, to extend the expiration date to July 15, 2018. Additionally, it authorized amendments to language in the same sections to not allow issuance of any Retail Marijuana Store, Retail Marijuana Products Manufacturer, Medical Marijuana Center or Infused Products Manufacturing Facility in the Snowmass-Capitol Caucus area. Pursuant to the Pitkin County Marijuana Regulations, any application for a Retail Marijuana Cultivation Facility would be sent to the Caucus for referral comments prior to consideration by the BOCC. 4. At a work session on June 13, 2018, the BOCC directed staff to bring an ordinance forward amending Title 6 Sections 6.48 (C)(16) and 6.49 (C) (15) (16) and(17)of the Pitkin County Code (marijuana regulations) to extend the prohibition of issuance of any marijuana licenses indefinitely. The Caucuses that requested an indefinite prohibition are as follows: The Frying Pan, Woody Creek, Emma, Upper Snowmass Creek, Castle Creek and Maroon Creek Caucus areas. The Crystal River Valley Caucus requested that issuance of any marijuana license for a grow operation be reviewed by the caucus and that no retail establishments be allowed. The Snowmass-Capitol Caucus confirmed the language approved in Ordinance No. 011- 2018 to not allow issuance of a Retail Marijuana Store, Medical Marijuana Center or Infused Products Manufacturing Facility in its caucus area. Pursuant to the Pitkin County 1 • Marijuana Regulations, any application for grow operations would be sent to the appropriate Caucuses for referral comments prior to consideration by the BOCC. 5. The BOCC finds that it is in the best interest of the citizens of Pitkin County to adopt this ordinance amending the marijuana regulations. NOW,THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1) It hereby adopts an Ordinance Amending Title 6 Sections 6.48 (C)(16) and 6.49 (C) (15) (16) and(17) of the Pitkin County Code (Marijuana Regulations) as attached to this Ordinance as Attachment A. 2) Authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. 3) The BOCC directs staff to review these regulations in five years with participation of the County Caucuses. 2 gm INTRODUCED AND FIRST READ ON THE DAY OF ck h , 2018 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE DAY OF t/ 2018. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE L� DAY OF VIII , 2018. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAI4 PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 9�S"" DAY OF (11/11 t 2018. ADOPT D AFTER FINAL READING AND PUBLIC HEARING ON THE // DAY OF VA 2018. PUBLISHED BY TITLE AND SNORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 14 DAY OF d VI t , 2018. POSTED BY TITLE AND SHORT SUMMARY OTHE OFFICI L PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE / t� DAY OF U , 2018. ATT T: BOARD OF COUNTY COMMISSIONERS Byall , !�'. ,r// By: C6-eIQ4- Jea :tte Jones l Patti Clapper, Chair Dep ty County Cler Date: 1( - APPROVED AS TO FORM: MANAGER APPROVAL Joy, E my Attorney Jon Peacock, County Manager Attachment A Section 6.48.070(C) (16) Retail Marijuana Licensing Regulations 16. A license will not be issued for any a Retail Marijuana Store, Retail Marijuana Cultivation Facility or a Retail Marijuana Products Manufacturer type - .' • . ... . . - . . ' -.-- - - in the following Caucus Areas: Frying Pan, Woody Creek, Emma, Upper Snowmass Creek, Maroon Creek and Castle Creek Caucus areas. A license will not be issued for a retail marijuana store_eke issued within the Town of Redstone (Village Commercial District)in the Crystal River Caucus area. A license will not be issued for a Retail Marijuana Store or a Retail Marijuana Infused Products Manufacturer in the Snowmass-Capitol Caucus area. • ' - .• . ' . - . ' ' • - . .' - . . _'. - , • - All applications for any type of retail marijuana establishment license shall be referred for recommendation and comment to the caucus of the proposed license facility and any other caucus that has a reasonable expectation of experiencing impacts related to the issuance of the license. Section 6.49.070(C)(15) (16) and (17) Medical Marijuana Licensing Regulations 15. A license will not be issued for any Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation Facility or Medical Marijuana-Infused Products Manufacturing Facility in the Frying Pan, Woody Creek, Emma, Upper Snowmass Creek, Maroon Creek and Castle Creek Caucus areas. A license will not be issued for a Medical Marijuana Center or a Medical Marijuana-Infused Products Manufacturing Facility in the Snowmass- Capitol Caucus area. A . . - - = . . . . . • •- - . A license will not be issued for a Retail Marijuana Store or a Medical Marijuana Center in the Town of Redstone (Village Commercial Zone District). 16. A prohibition on the issuance of licenses as described in sub-section 15 of this section, shall remain in place until amended by the Board of County Commissioners.July 15, 2018 17. All applications for any type of amedical marijuana establishment license shall be referred for recommendation and comment to the caucus of the proposed license facility and any other caucus that has a reasonable expectation of experiencing impacts related to the issuance of the license.