Ordinance 2013-1643 - Laserfiche WebLink

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Section 2. Upon the effective date of this ordinance, and until December 31, 2014, it is unlawful for any person to establish, operate, cause to be established or operated, or permit to be established or operated in the City any retail marijuana cultivation facility, retail marijuana product manufacturing facility, retail marijuana testing facility, or retail marijuana store (collectively "retail marijuana establishments "). Further, during such time, no application or request for business registration, sales tax license, building permit, or certificate of occupancy for any retail marijuana establishment shall be received, reviewed, approved, or otherwise acted upon nor shall any person or business during such period establish or operate a retail marijuana establishment. Section 3. Any person who violates any provision of this ordinance shall be punished by fine of not more than two thousand six hundred fifty dollars ($2,650), as adjusted for inflation from time to time pursuant to C.R.S. § 13 -10 -113, or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each act or omission in violation of one or more of the provisions of this ordinance shall be deemed a separate violation for each and every day that such act(s) or omissions(s) occur. Section 4. The establishment or operation of a retail marijuana establishment in violation of the terms of this ordinance may be enjoined by the City in an action brought in a other court of competent jurisdiction. Section 5. During the period this ordinance remains in effect, City Staff shall: monitor the State's regulatory efforts, judicial interpretations of Amendment 64, and federal response to and guidance on the implementation of Amendment 64; research the applicable legal and land use issues connected to the regulation of retail marijuana establishments; study, develop, review and evaluate appropriate regulations or recommendations pertaining to such businesses for presentation to and consideration by the City Council; and prepare for consideration and review by the City Council a resolution or ordinance referring to the registered electors of the City the question of whether retail marijuana establishments should be prohibited within the City. Section 6. The provisions of this ordinance are temporary in nature and may be repealed by a subsequent legislative enactment. This ordinance shall cease to have effect after December 31, 2014 and shall be automatically repealed at such time unless sooner repealed or further legislative action is taken to extend the effective date of this ordinance. Section 7. The City Council herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare and is a matter on which immediate action is genuinely and urgently necessary because existing regulations are inadequate to address the potential impacts of retail marijuana establishments and beginning October 1, 2013, existing medical marijuana businesses may begin applying to convert to retail marijuana establishments. Therefore, City Council herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by two - thirds of the entire City Council. Section 8. For purposes of this ordinance, "marijuana," "retail marijuana cultivation Ordinance No. 1643, Series 2013 Page 3 of 5