HomeMy WebLinkAboutordinance.council.038-13 ORDINANCE NO.38
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 5 OF THE ASPEN MUNICIPAL CODE BY ADDING A NEW
CHAPTER CONCERNING THE LICENSING OF RETAIL AND MEDICAL MARIJUANA
ESTABLISHMENTS AND AMENDING OTHER SECTIONS
WHEREAS, the City Council hereby finds, determines, and declares that it has the
power to adopt a new chapter of its municipal code concerning the licensing of marijuana
establishments pursuant to the Colorado Medical Marijuana Code, Article 43.3 of Title 12,
C.R.S., Sections 12 and 16 of Article XVIII to the Colorado Constitution, the Colorado Retail
Marijuana Code, Article 43.4 of Title 12, C.R.S., state regulations for retail and medical
marijuana, the Local Government Land Use Control Enabling Act, Part 1 of Article 20 of Title
29, C.R.S., Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers),
Section 31-15-103, C.R.S. (concerning municipal police powers), Section 31-15-401, C.R.S.
(concerning municipal police powers),Section 31-15-501, C.R.S. (concerning municipal
authority to regulate businesses), the authority granted to home rule municipalities by Article
XX of the Colorado Constitution; and the powers contained in the City of Aspen Home Rule
Charter; and
WHEREAS, Amendment 64 was adopted by over 55% of the statewide voting
electorate in Colorado on November 6, 2012; in Pitkin County, which includes the City of
Aspen, 75.44% of the voting electorate voted for its adoption; and
WHEREAS, Amendment 64, codified in section 16 of article XVIII of the
Colorado Constitution, permits adults over the age of twenty-one to use, possess, and
cultivate limited amounts of marijuana pursuant to the restrictions therein and permits the state
and local governments to license and regulate Retail Marijuana Establishments to grow, sell,
produce, and test marijuana and marijuana products for consumers; and
WHEREAS, in 2013 the Colorado General Assembly enacted the Colorado Retail
Marijuana Code, codified in article 43.4 of title 12, C.R.S., to further license and regulate
Retail Marijuana Establishments; and has also enacted and amended from time to time the
Colorado Medical Marijuana Code, codified in article 43.3 of title 12, C.R.S.; and
WHEREAS, the Colorado Department of Revenue adopted permanent retail marijuana
regulations and amended permanent medical marijuana regulations on September 9, 2013; and
WHEREAS, the Colorado Retail Marijuana Code allows existing medical marijuana
licensees to apply for a Retail Marijuana Establishment license until July 1, 2014, after which
it shall consider applications from others for a Retail Marijuana Establishment licenses and
shall begin issuing licenses to others on and after October 1, 2014; and
WHEREAS, after January 1, 2014, the Colorado Retail Marijuana Code p4mits retail
marijuana establishments to operate under a State license only with approval by the local
authority, and the Colorado Medical Marijuana Code permits a medical marijuana
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establishment to renew its license or obtain a license only with approval by the local
authority; and
WHEREAS, Amendment 64 allows localities to prohibit or permit and regulate
Retail Marijuana Establishments in their jurisdiction, but does not permit localities to
recriminalize the limited adult possession, use and cultivation of marijuana; and
WHEREAS, in the interest of public safety the City desires all marijuana
establishments within the City to be operated by licensed, regulated commercial
operators in areas of the City which are zoned or may be zoned for these types of businesses;
and
WHEREAS, in the interest of the health, safety and welfare of the City and its
inhabitants, the City desires to provide for the regulation and licensing of marijuana use,
distribution, testing, growing and manufacturing authorized by the Colorado Constitution; and
WHEREAS, the City desires to amend other provisions of Title 5 of its Municipal Code
to reflect a change of name for the Liquor Licensing Authority in connection with its
additional responsibilities concerning marijuana licensing, to update references to state liquor
laws, and to eliminate inconsistencies with the Aspen Home Rule Charter; and
WHEREAS, the City desires to amend §23.12.010(g) of the sales tax provisions of the
Municipal Code, to require the City Clerk to confirm with the Finance Department that all
taxes are paid prior to the time a marijuana license is renewed, transferred or issued.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1. Title 5 of the Aspen Municipal Code is changed from "Alcoholic Beverages" to
"Marijuana and Alcoholic Beverages."
Section 2. The Table of Contents for Title 5 is changed to add all the new sections in Chapter
5.16, Medical and Retail Marijuana Licensing.
Section 3. Sections 5.04.020 and 5.04.030 are amended to delete "adopted under the
authorization granted by the provisions of Section 12-47-105, C.R.S.," and substituting
"promulgated thereunder."
Section 4. All references to the "Liquor Licensing Authority " in Title 5 are changed to the
"Local Licensing Authority" and all references to the Aspen/Pitkin Environmental Health
Department are changed to the Environmental Health Department.
Section 5. Section 5.04.040(a)(i) is amended to delete the sentence referencing a two year
residency requirement and substituting the following: "Members of the Authority shall be
qualified electors and residents of the City for at least one (1) year prior to appointment."
Section 6. Section 5.04.040(a)(iii) is deleted and replaced with:
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There shall be no limit on the number of terms for any member. No person shall serve
or continue to serve as a member of the Authority if that person or any member of his
immediate family shall or may hereafter obtain any financial interest in the operation
of any business issued a license relating to the sale or dispensation of fermented malt
beverages or alcoholic beverages pursuant to Articles 46 or 47 of Title 12, C.R.S., as
amended or in the operation of any business issued a license pursuant to Articles 43.3 or
43.4. of Title 12, C.R.S.
Section 7. Section 5.04.040(b)(vi) is amended to read:
The Authority shall have the power to perform all other acts or duties required to carry
out the purposes of the state and City liquor and fermented malt beverage and marijuana
licensing laws.
Section 8. Section 5.04.040(c)(iii) is deleted.
Section 9. Section 5.04.040(g) is amended to read as follows:
Optional procedures for the payment of fine in lieu of having license suspended.
(i)(a) Whenever a decision of the Authority suspending a license for fourteen (14) days
or less becomes final, whether by failure of the licensee to appeal the decision or by
exhaustion of all appeals and judicial review, the licensee may, before the operative date of
the suspension, petition for permission to pay a fine in lieu of having his license suspended
for all or part of the suspension period. Upon the receipt of the petition, the Authority may,
in its sole discretion, stay the proposed suspension and cause any investigation to be
made which it deems desirable and may, in its sole discretion, grant the petition if it is
satisfied:
(I) That the public welfare and morals would not be impaired by
permitting the licensee to operate during the period set for the suspension and that
the payment of the fine will achieve the desired disciplinary purposes;
(II) That the books and records of the licensee are kept in such a manner that
the loss of sales which the licensee would have suffered had the suspension gone
into effect can be determined with reasonable accuracy therefor; and
(III) That the licensee has not had his license suspended or revoked, by the
Authority or by the State, nor had any suspension stayed by payment of a fine,
during the two (2) years immediately preceding the date of the motion or
complaint which has resulted in a final decision to suspend the license.
(b) The fine accepted shall be the equivalent to twenty (20) percent of the licensee's
estimated gross revenues from sales of alcoholic beverages or marijuana during the
period of the proposed suspension; except that the fine shall not be less than two
hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).
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(c) Payment of any fine pursuant to the provision of this Subsection (i) shall be
in the form of cash or in the form of a certified check or cashier's check made
payable to the City of Aspen.
Section 10. The following references to C.R.S. or state regulations in sections 5.04.060,
5.04.090, 5.04.100 and 5.04.110(c), respectively, are changed as indicated:
12-46-106.5 and 12-46-107.5 changed to "the Colorado Beer Code and Colorado
Liquor Code"
12-47-135 changed to 12-47-309 and
- -12-46-117- changed to-12-46-10-7 - -
12-47 106(b.5) changed to 12-47-303
Regulation 47-106.2A to 47-302
Section 11. The addition of a new chapter as follows:
Chapter 5.16
Marijuana Licensing
Sec. 5.16.010 Short Title.
This Chapter is to be known and may be cited as the "City of Aspen Marijuana Code."
Sec. 5.16.020. Declaration of policy and purpose.
The City Council hereby declares that the purpose of this Chapter is to exercise the
authority of the City of Aspen to allow state-licensed medical marijuana
establishments and retail marijuana establishments to exist in the City of Aspen
in accordance with applicable state laws and regulations and in accordance with
the local licensing requirements and other restrictions set forth herein. The City
Council intends that the City issue local licenses as authorized by the Colorado
Constitution, state law and regulations and that the City's licensing requirements be
consistent with those for state licenses under state law and regulations, except those
requirements that are left to local discretion or are otherwise of local concern, as set forth in this
Chapter.
Sec. 5.16.030. Colorado Medical Marijuana Code and Retail Marijuana Code and
regulations adopted.
Except where the provisions of this Chapter are inconsistent with or differ from the laws, rules,
and regulations adopted by reference in this section, the provisions of the Colorado
Medical Marijuana Code, Article 43.3, Title 12, C.R.S., as amended, and the Colorado
Retail Marijuana Code, Article 43.4, Title 12, C.R.S. and the provisions of Colorado
Rules and Regulations adopted under the authorization granted by those provisions are adopted
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and made a part of this Code as if set out in full. At least one (1) copy of the Colorado Medical
Marijuana Code, the Colorado Retail Marijuana Code and all rules and regulations promulgated
pursuant thereto shall be kept on file in the office of the City Clerk and shall be available for
inspection during regular business hours.
Sec. 5.16.040. Definitions.
Except where specifically defined in this Section, the definitions contained in the state
constitution, the Medical Marijuana Code, the Retail Marijuana Code, and the rules and
regulations promulgated thereunder shall apply to this Chapter. In addition, the following
definitions shall apply:
a) Retail Marijuana Code shall mean article 43.4 of title 12, C.R.S., and any rules or
regulations promulgated thereunder, as amended.
b) Medical Marijuana Code shall mean article 43.3 of title 12, C.R.S. and any rules or
regulations promulgated thereunder, as amended.
c) Licensed Premises means the premises specified in an application for a license
pursuant to this Chapter and either the Medical Marijuana Code or the Retail
Marijuana Code, which are owned or in lawful possession of the Licensee and within
which the Licensee is authorized to cultivate, manufacture, distribute, sell, or test
marijuana in accordance with the provisions of this article, section 16 of article
XVIII of the Colorado Constitution, the Colorado Retail Marijuana Code and/or the
Colorado Medical Marijuana Code.
d) Licensee means a person licensed or registered pursuant to the Colorado Retail
Marijuana Code or the Colorado Medical Marijuana Code and this Chapter.
e) Medical Marijuana Establishment includes a medical marijuana center, a medical
marijuana-infused product manufacturer, or an optional premises cultivation operation.
f) Open and public means a place open to the general public, which includes a place to
which the public or a substantial number of the public has access without restriction,
including but not limited to highways, streets and sidewalks, transportation facilities,
places of amusement, parks, playgrounds, and the common areas of public buildings
and facilities that are generally open or accessible to members of the public without
restriction.
g) Openly means not protected from unaided observation lawfully made from outside its
perimeter not involving physical intrusion.
h) Publicly means an area that is open to general access without restriction.
i) Retail Marijuana Establishment includes retail marijuana store, retail marijuana
cultivation facility, retail marijuana product manufacturing facility, and retail marijuana
testing facility.
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j) Operating fees means fees that must be paid by a licensee for the costs as authorized in
section 16(5)(f) of article XVIII of the Colorado Constitution, or as may be more
fully defined in the Colorado Retail Marijuana Code, including but not limited to
inspection, administration, and enforcement of retail marijuana establishments
authorized pursuant to this article.
k) State medical marijuana license pending or pending state medical marijuana license
means a complete application has been filed and accepted and all required fees paid to
the state licensing authority.
Sec. 5.16.050 Local Licensing Authority.
The Local Licensing Authority established in Section 5.04.040 of this Title, incorporated herein
by this reference in its entirety, shall be the local licensing authority for all marijuana licenses
issued by the City of Aspen. In addition to those powers and duties set out in Section 5.04.040,
the Authority shall have all the powers and duties as are set forth in this article, in the
Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code and subsection 5(e)
of section 16 of article XVIII of the Colorado Constitution
Sec. 5.16.060 City license required.
On and after the effective date of this Chapter;
a. No person may operate a medical marijuana establishment, a retail marijuana
establishment, or a dually located medical marijuana establishment and a retail
marijuana establishment within the City without both a valid license issued by the
Local Licensing Authority and a valid license issued by the State Licensing Authority;
provided, however, that any Medical Marijuana Establishment legally operating with a
state medical marijuana license or with a state medical marijuana license pending and a
local business license within the City limits on the effective date of this Chapter may
continue in operation until final action on the state and Aspen Marijuana Code license
applications, subject to the following requirements:
1. The applicant applies for a medical marijuana license under this Chapter within
thirty (30) days of the effective date of this Chapter, and
2. Should the State or City marijuana license be denied for any reason, the
applicant agrees to cease operations within the City within thirty (30) days of
receipt of notice of denial or within thirty days of the denial of any appeal.
b. A separate license shall be required for each specific business and for each geographic
location.
Sec. 5.16.070 Authority to issue City license; qualification; referral; appeal.
a. An applicant for a City license under this Chapter shall apply therefor to the City
Clerk on forms provided by the City Clerk. The City Clerk is responsible for
providing application forms to prospective applicants, and for generally
supervising the application process up to the point that a completed application is
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submitted to the Local Licensing Authority for a decision. Once an application is
determined to be complete, the application and all supporting documentation shall
be forwarded to the Local Licensing Authority. The Local Licensing Authority
shall make a final decision on the application as provided in this Chapter.
b. T h e L o c a 1 L i c e n s i n g Authority may issue any type of license authorized by the
Retail Marijuana Code or the Medical Marijuana Code, currently including the
following:
Retail marijuana store license
Retail marijuana cultivation facility license
Retail marijuana product manufacturing facility license
Retail marijuana testing facility license
Medical marijuana center license
Optional premises cultivation license
Medical marijuana-infused products manufacturing license
C. In order to qualify for a City license under this Chapter, an applicant must meet all
conditions for the issuance of the parallel state license prescribed by the Medical
Marijuana Code and the Retail Marijuana Code and shall meet all requirements of
this Chapter, provided, however, that the fees for a City license are those prescribed
by Section 5.16.140 of this Code.
d. Upon receipt of a properly completed application, together with all information
required in connection therewith, and the payment of the applicable fee as required
by Section 5.16.140, the City Clerk shall transmit copies of the application to:
1. the Police Department;
2. the Department of Community Development;
3. the Environmental Health Department; and
4. any other person or agency that the Local Licensing Authority determines
should properly investigate and comment upon the application.
e. Upon receipt of a completed application the Police Department shall promptly obtain
and review a criminal background records search on the applicant. The Police
Department may use the background records search conducted by the state for any
state marijuana license application if it is available.
f. Within twenty days of receipt of a completed application those City departments and
other referral agencies described in subsection d. of this Section shall provide the
Local Licensing Authority with comments concerning the application.
g. An applicant shall cooperate with the Local Licensing Authority with respect to the
review and investigation of the application.
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h. The Authority shall provide the State with written notice of its decision on each
license application.
i. The Authority shall promptly notify the applicant of its decision by giving written
notice to the a p p I i c a n t a t applicant's current mailing address. In the event of a
denial or a conditional approval, the Authority will provide the applicant with a
written statement containing the reasons for denial or the conditions of the
approval.
j. The Authority shall consider each application and either approve, deny or
conditionally approve an application within ninety days(90) days of receipt or such
additional time as may be reasonably necessary, when, after considering the
application, any application forwarded to it by the State and from such other
information as may otherwise be obtained or requested by the Authority, the
Authority determines that the application complies with all of the requirements
of this article, including the following:
(i) The application, including any required attachments and submissions, is
complete and signed by the applicant;
(ii) The applicant has paid the fees required by this Chapter;
(iii) The application does not contain a material falsehood or
misrepresentation;
(iv) The location of the Retail Marijuana Establishment or Medical Marijuana
Establishment is proposed to be located on a premise permitted by the
applicable zoning and the land use code;
(v) The location of the Retail Marijuana Establishment or Medical Marijuana
Establishment is not within 500 feet of any school; and
(vi) The applicant meets or otherwise will meet all the requirements of this
Chapter, including the requirements of the applicable state laws and
regulations incorporated herein.
k. If the Local Licensing Authority approves conditionally or denies a license,
the licensee may appeal the conditional approval or denial to the district court
pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The
licensee's failure to timely appeal the decision is a waiver the licensee's right
to contest the conditional approval or denial of the application.
Sec. 5.16.080 State law procedure, public hearing required.
a. Except as may be amended by this Chapter, provisions of the Medical
Marijuana Code and the Retail Marijuana Code governing procedures for
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applications, hearing and decisions for state licenses shall apply for City
licenses.
b. Public Hearing. Upon receipt of an application for a local license, except an
application for renewal, for transfer of ownership, for modification of premises or
change of location within the City, the Authority will schedule a public hearing
upon the application. When the Authority schedules a hearing, it shall post and
publish public notice thereof not less than ten(10) days prior to the hearing. The
Authority shall give public notice by the posting of notice in a conspicuous place
on the premises for which application has been made and by publication in a
newspaper of general circulation in Pitkin County, Colorado .
Sec. 5.16.090 Term and renewal of licenses.
a. Each license issued pursuant to this Chapter shall be valid for one year from the date of
issuance, and may be renewed as provided in the applicable code, the applicable
administrative regulations, and this Chapter, provided, however, that a license shall not
be renewed if the Local Licensing Authority determines that the licensed premises have
been inactive, without good cause, for at least one year.
b. The Local Licensing Authority may refuse to renew a license for good cause.
c. No license shall be renewed by the Local Licensing Authority until the licensee provides
verification that the license has been renewed by the State Licensing Authority.
d. Notwithstanding anything contained in this Chapter to the contrary, a licensee has no
vested right to the renewal of a license, and no property right in the renewal of a license.
Sec. 5.16.100 Change of location.
Change of location of any license shall be governed by the standards and procedures set forth in
the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and shall be
administered by the Authority in the same manner as the state licensing authority administers
changes of location. No change of location of a licensed premises shall be approved by the
Local Licensing Authority if the proposed new location of the licensed premises is not a
location that is permitted by City zoning or this Chapter.
Sec. 5.16.110 Modification of premises.
Modification of the premises of any license shall be governed by the standards and procedures
set forth in the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and
shall be administered by, the Authority in the same manner as the state licensing authority
administers modification of premises.
Sec. 5.16.120 Transfer of ownership.
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Transfer of ownership of any license shall be governed by the standards and procedures set
forth in the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and
shall be administered by the Authority in the same manner as the state licensing authority
administers transfers of ownership.
Sec. 5.16.130 Manager and employee requirements.
Manager and employee qualifications, registration and badging shall be governed by the
standards and procedures set forth in the Retail or Medical Marijuana Code and regulations
adopted pursuant thereto.
Sec. 5.16.140 License and application fees.
An applicant for a new license shall pay to the City a non-refundable operating fee when the
application is filed. The purpose of the fee is to cover the direct and indirect costs to the City of
administering the local licensing mechanism established by this Chapter and is in lieu of
separate application and licensing fees. For applications filed in 2013 or 2014 for the operating
year 2014, the operating fees are as follows:
a. New medical marijuana business license:
Type of License Local Operating fee
Type 1 Medical $2000.00
Marijuana Center
Type 2 Medical $2000.00
Marijuana Center
Type 3 Medical $2000.00
Marijuana Center
Optional Premises $2000.00
Cultivation License
Medical Marijuana- $2000.00
Infused Products
Manufacturers'
License
b. Medical marijuana center applying for retail marijuana store license:
Type of License Local Operating fee
Medical Marijuana $2000.00
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Center 1 Applying For
Retail Marijuana
Store License
Medical Marijuana $2000.00
Center 2 Applying For
Retail Marijuana
Store License
Medical Marijuana $2000.00
Center 3 Applying For
Retail Marijuana
Store License
c. New retail marijuana establishment license:
Type of License Local Operating Fee
Retail Store $2000.00
Retail Marijuana $2000.00
Cultivation Facility
Retail Marijuana $2000.00
Products
Manufacturing
Retail Marijuana Testing $2000.00
Facility
3. Fees for the annual renewal of any license issued by the City shall be fifty
percent of the fee for the issuance of a new license as described above.
4. The following operating fees shall be paid to the City at the time the service is
requested:
Service Requested Fee
Transfer of Ownership of $700.00
Business License or
Application
Corporation or LLC Structure $100.00
Change (per person)
Change of Location $500.00
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Modification of Premises 1 $150.00
5. The City is entitled to receive its share of the license application fees received
by the state licensing authority in addition to the fees set forth above.
6. As part of the annual budget process, the amount of fees charged by the City
pursuant to this Section shall be reviewed and, if necessary, adjusted to reflect
the direct and indirect costs incurred by the City in connection with the
adoption, administration and enforcement of this Chapter.
7. Beginning with the fiscal 2015 budget, the amount of the fees charged by the
City pursuant to this Section shall be fixed by City Council as part of its
annual budget process. If, for any reason, such fees are not fixed by City
Council as part of its annual budget process, the fees for the preceding year
shall continue in full force and effect until changed by City Council.
Sec. 5.16.150. Suspension or revocation of license.
a. A license issued by the Local Licensing Authority may be suspended or revoked by the
Local Licensing Authority in accordance with the standards and procedures set forth in
the applicable code, the applicable administrative regulations and this Chapter.
b. In addition to the standards set forth in the applicable code and the applicable
administrative regulations, a violation of this Chapter, or of the terms and conditions of a
license issued by the Local Licensing Authority pursuant to this Chapter, may be grounds
for the suspension or revocation of a license issued by the Local Licensing Authority.
c. In connection with the suspension of a license, the Local Licensing Authority may
impose reasonable conditions.
d. In deciding whether a license should be suspended or revoked, and in deciding what
conditions to impose in the event of a suspension, if any, the Local Licensing Authority
shall consider:
1. the nature and seriousness of the violation;
2. corrective action, if any, taken by the licensee;
3. prior violation(s), if any, by the licensee;
4. the likelihood of recurrence;
5. all circumstances surrounding the violation;
6. whether the violation was willful or deliberate;
7. the number of previous violations by the licensee;
8. previous sanctions, if any, imposed against the licensee; and
9. whether the owner or manager is the violator or has directed an employee or
other individual to violate the law.
e. If an offense is described in the applicable administrative regulations, the Licensing
Authority shall follow the provisions of such regulation in deciding the appropriate
sanction to be imposed upon the licensee.
f. The Authority may impose a civil penalty or fine in lieu of or in addition to a suspension,
as set forth in section 5.04.04.
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g. A license issued by the Local Licensing Authority may be revoked if the Local Licensing
Authority determines that the licensed premises have been inactive, without good cause,
for at least one year.
h. If the Local Licensing Authority suspends or revokes a license the licensee may appeal
the suspension or revocation to the district court pursuant to Rule 106(a)(4) of the
Colorado Rules of Civil Procedure. The licensee's failure to timely appeal the decision is
a waiver the licensee's right to contest the suspension or revocation of the license.
i. No fee previously paid by a licensee in connection with a license shall be refunded if the
licensee's license is suspended or revoked.
Sec. 5.16.160 Unlawful acts.
The following acts are prohibited and unlawful and are punishable as set forth it Section 1.04.080
unless otherwise specified:
a. The possession, use or consumption of marijuana by any person under 21 years of age,
unless such possession, use or consumption is authorized under Article 43.3 of Title 12,
C.R.S. A first offense shall be punished by a fine not to exceed $100.00; a second
offense shall be punished by a fine of not more than $250.00, and any third or
subsequent offense shall be punished as set forth in Section 1.04.080.
b. The possession, use or consumption of marijuana openly and publicly by any person. A
first offense shall be punished by a fine not to exceed $100.00; a second offense shall be
punished by a fine of not more than $250.00, and any third or subsequent offense shall
be punished as set forth in Section 1.04.080.
c. The transfer of any amount of marijuana by any person twenty-one years of age or older
to any person who is less than twenty-one years of age.
d. Other than within licensed premises, the open and public display of marijuana or
marijuana products for sale, such as at a Saturday market.
e. The operation of any public or private club or business allowing the consumption of
marijuana on the premises.
Sec. 5.16.170 Effective date; applicability.
This Chapter shall be effective thirty days after final passage and shall govern all applications
submitted to the City for licensing of any retail or medical marijuana establishment in the City
under the Retail or Medical Marijuana Code on and after that date.
Sec. 5.16.180 Transition Period.
a. Prior to January 1, 2015, no retail marijuana establishment shall be licensed or
otherwise permitted in the City unless, as of October 1, 2013:
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I. The applicant for licensing is currently operating in good standing a state
licensed medical marijuana business within the City or has a pending state
medical marijuana license application for premises within the City and has a
City business license and the applicant proposes to surrender the existing
medical marijuana license upon receipt of a retail marijuana license, thereby
converting the existing medical marijuana establishment into a retail
marijuana establishment; or
2. The applicant for licensing is currently operating in good standing a licensed
medical marijuana business within the City or has a pending state application
for a licensed medical marijuana business within the City and has a City
business license and the applicant proposes to retain the existing medical
marijuana license while locating a retail marijuana establishment under
common ownership at the same location to the extent allowed by the
Colorado Retail Marijuana Code and applicable state rules and regulations.
b. Prior to January 1, 2015, any person who obtains a transfer of ownership of an
existing medical marijuana business that is duly licensed under both the Medical
Marijuana Code and this Chapter may qualify for retail licensing as allowed by
subsection (a) of this section.
c. Prior to January 1, 2015, any person who obtains a change of location of an existing
medical marijuana business that is duly licensed under both the Medical Marijuana
Code and this Chapter may qualify for retail licensing as allowed by subsection (a)
of this section.
d. On and after October 1, 2014, any person who otherwise qualifies for licensing
under applicable state and City laws may apply for licensing of a retail marijuana
establishment in the City, regardless of whether or not the applicant is the owner of
an existing medical marijuana business in the City; provided that such license shall
not issue any sooner than January 1, 2015.
Section 12. The Aspen Municipal Code, Section 23.12.010(g), is amended to read as follows:
Liquor and marijuana licenses. Prior to the renewal, transfer or issuance of a license to
sell any malt, vinous or spirituous liquor, or any marijuana or marijuana product the
Finance Director shall certify to the City Clerk that all returns have been filed and taxes
paid.
Section 13. This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
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A public hearing on this ordinance shall be held on the 15th day of October, 2013, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado.
The City Clerk is directed, upon the adoption of this Ordinance,to publish a copy of this
ordinance in a newspaper of general circulation within ten(10)days, or as soon as possible
thereafter as possible.
INTRODUCED,READ AND SCHEDULED FOR SECOND READING as provided by
law, by the City Council of the City of Aspen on the,.. jd day of 2013.
Attest:
Kathryn S. I , City Clerk Steven Skad on, Mayor
FINALLY adopted,passed and approved this / day of 2013.
Attest:
Kathryn S. Ko , City Clerk Steven Skadron, Mayor
Approved as to form:
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Deborah Quinn, Assistant City Attorney
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Ad Name: 9571390A LEGAL NOTICE
Customer: Aspen (LEGALS) City f ORDINANCE 38,2013 PUBLIC HEARING
Y Ordinance#38,Series of 2013,was adopted on
readint the Your account number: 1013028 bert23,2013. This ordinance,fladopted,will add a
chapter concerning the licensing of marijuana es-
tablishments. The public hearing on this ordi-
nance scheduled for October 15,2013 at 5 PM,
City h
City hall, South Galena
PROOF OF PUBLICATION .
To see the e entire text,go to the city's legal notice
website
http:/Avww.aspenpitki n.com/D epartments/Cle rk/Le-
gal-Notices/
IF you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2687
TIZ Avis TIM:1 be b26hed in the Aspen Times Weekly on Septem-
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan,do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed,in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 9/26/2013 and that the last publication of
said notice was in the issue of said newspaper dated
9/26/2013.
In witness whereof,I have here unto set my hand
this 09/26/2013.'
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 09/26/2013.
( .44& ¢A
Pamela J.Schultz,Notary Public
Y
Commission expires:November 1,2015
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