HomeMy WebLinkAboutresolution.council.087-13 RESOLUTION NO. 87
Series of 2013
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, DESIGNATING A
LOCAL LICENSING AUTHORITY FOR MARIJUANA LICENSES AND ESTABLISHING
WHEN APPLICATIONS FOR LOCAL LICENSES WILL BE ACCEPTED BY THE LOCAL
LICENSING AUTHORITY
WHEREAS, in November 2012, Colorado voters passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new Section 16 concerning the
personal use and regulation of marijuana; and in November 2000, Colorado voters passed
Amendment 20, adding a new Section 14 to Article XVIII of the Colorado Constitution,
concerning medical use of marijuana for persons suffering from debilitating medical conditions;
and
WHEREAS, these two amendments legalize certain marijuana businesses and allow for
the dual licensing of such businesses by the state and local jurisdictions or the prohibition of such
businesses by local jurisdictions; and
WHEREAS, section 16(5)(e) of Article XVIII requires a local jurisdiction to specify, not
later than October 1, 2013, an entity within the local jurisdiction responsible for processing
applications submitted for a license to operate a retail marijuana establishment and for the
issuance of such licenses in the event the State fails to meet its constitutional mandates relating
to licensing such establishments; and
WHEREAS, the State has enacted codes and regulations for both medical and retail
marijuana and is mandated by Amendment 64 to begin accepting license applications for retail
marijuana establishments by October 1, 2013; and
WHEREAS, pursuant to the Colorado Retail Marijuana Code (Article 43.4 of title 12,
C.R.S.), on October 1, 2013, the Colorado Department of Revenue will begin sending to the City
of Aspen a copy of any license application it receives for licensing a retail marijuana facility
within the City of Aspen, together with one-half the application fee, unless the City of Aspen has
prohibited such facilities within its jurisdiction; and
WHEREAS, City Council intends to pass an ordinance to authorize the licensing of
some or all medical and retail marijuana facilities within its jurisdiction, but the ordinance will
not be adopted and effective before the October 1, 2013 deadline; and
WHEREAS, City Council desires to designate its local licensing authority, to advise the
Colorado Department of Revenue of such designation, and to set out a timeframe for the local
licensing authority to accept local license applications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO.
Section One. Local Licensing Authority The City of Aspen Liquor Licensing Authority
is hereby designated as the Local Licensing Authority responsible for processing applications
submitted for a license to operate any marijuana establishment within the City of Aspen, in
accordance with rules and regulations to be enacted by ordinance of the City of Aspen.
Section Two. Processing of Applications. No application for a license to operate any
marijuana establishment within the City of Aspen will be processed or considered by the Local
Licensing Authority until after the effective date of the ordinance authorizing such local
licensing of marijuana facilities. Any state application for the licensing of a marijuana
establishment within the City of Aspen received by the City of Aspen prior to the effective date
of such ordinance will be held in the City Clerk's office and will not be deemed complete until
after the effective date of the City's licensing ordinance, submission of any local licensing or
application fees required by such ordinance, and submission of any local application or
information not included within the state application.
Section Three. Notification to the Colorado Department of Revenue. The City Clerk is
directed to notify the Colorado Department of Revenue ("DOR") before October 1, 2013 that
any license applications to be forwarded to the City by the DOR shall be sent to the Local
Licensing Authority, c/o the City Clerk's Office.
INTRODUCED, READ AND ADOPTED by the;City Council of the City of Aspen on
the 23`d day of September, 2013.
3
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Steven Skad n, Mayor
1, Kathryn Koch, duly appointed and acting City Clerk, do c rtify that the foregoing is a true and
accurate copy of that resolution adopted by the City Council of the City of Aspen,Colorado, at a
meeting held September 23, 2013.
XAKathrynS. Koch, City