Ordinance 2013-1630 - Laserfiche WebLink

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WHEREAS,the State has formed the Amendment 64 Implementation Task Force and anticipates enacting extensive legislative and regulatory changes in the upcoming months that will clarify and address licensing and land use issues connected to the implementation of Amendment 64; and WHEREAS,although Amendment 64 permits the personal use of marijuana and marijuana products by persons twenty-one (21)years of age or older, Amendment 64 provides that nothing contained in said amendment shall permit consumption that is"conducted openly and publicly or in a manner that endangers others," but said terms are not well defined; and WHEREAS,the Amendment 64 Implementation Task Force has formed a Local Authority and Control Working Group to further clarify these matters; and WHEREAS,the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq., prohibits the smoking of tobacco products or medical marijuana within most commercial buildings, but it is uncertain whether such prohibition applies to apply to the recreational use or consumption of marijuana and possible amendments to the Colorado Clean Indoor Air Act have been recommended by the Amendment 64 Implementation Task Force; and WHEREAS, until some of these fundamental interpretations of State law are resolved or clarified, attempts by the City to regulate where marijuana can be used or consumed are fraught with possible inherent conflicts that could raise doubts as to any regulatory scheme adopted by the City; and WHEREAS,despite the adoption of Amendment 64, marijuana is,still classified as a controlled substance under federal law, and has the potential for abuse that should be closely monitored to the extent possible; and WHEREAS,the City Council finds that existing provisions within the City Code do not adequately address the potential impacts of businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products because the City Code does not regulate such businesses,their locations within the City's zoning districts,their location relative to schools and other areas frequented by minors,their hours of operation,or other matters necessary to ensure that such businesses are legitimately operating in a manner compliant with Amendment 64 and other applicable law; and WHEREAS,for the forgoing reasons,the City Council finds and determines that a moratorium on the operation or establishment of businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products will allow City Staff and the City Council the opportunity to study the issues and develop regulations and recommendations pertaining to such businesses or to prohibit such businesses;and WHEREAS,the City Council finds that acceptance and processing of applications or requests for business registration,sales tax licenses, building permits, and certificates of occupancy for businesses that permit or invite private assembly for the purpose of the use or consumption of marijuana or marijuana products and the establishment or operation of any such businesses pending Ordinance No.1630,Series 2013 Page 2 of 4