Ordinance 2013-1643 - Laserfiche WebLink

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WHEREAS, based on public comments received at the hearing, the City Council believes it is appropriate to further study and evaluate its options pertaining to retail marijuana establishments, including but not limited to, the option to refer to the City's registered electors the question of whether retail marijuana establishments should be prohibited within the City; and WHEREAS, pursuant to Amendment 64, the question of whether retail marijuana establishments should be prohibited within the City cannot appear on a ballot until the general election on November 4, 2014; and WHEREAS, the City Council finds that existing provisions within the City Code do not adequately address the potential impacts of retail marijuana establishments within the City 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 temporary prohibition and moratorium until December 31, 2014 on the operation or establishment of retail marijuana establishments will allow City Staff and the City Council the opportunity to study the issues, further develop regulations and recommendations pertaining to such businesses, and to review and consider a resolution referring to the City's registered electors the question of whether such businesses should be prohibited within the City; 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 retail marijuana establishments and the establishment or operation of any such businesses pending completion of the City Staff's study of the issues, possible adoption of regulations, or possible referral of a measure to the City's registered electors may undermine and defeat the City's ability to promote and protect the public health, safety, and welfare; and WHEREAS, the City Council finds and determines that it is necessary and appropriate to institute a temporary moratorium until December 31, 2014 on accepting, reviewing, approving, or otherwise acting upon applications or requests for business registration, sales tax licenses, building permits, and certificates of occupancy for any retail marijuana establishment and on the establishment or operation of any such business within the City; and WHEREAS, the City acknowledges that nothing in this ordinance shall be construed to prohibit, regulate or otherwise impair the protections for the personal use of marijuana as provided in Sections 14 and 16 of Article XVIII, § 16(3) of the Colorado Constitution; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the City Council. Ordinance No. 1643, Series 2013 Page 2 of 5