Ordinance 2013-1649 - Laserfiche WebLink

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Sec. 5.11.300. Severability. Sec. 5.11.010 Purpose; relationship with the Colorado Retail Marijuana Code. A. The provisions of this chapter are intended to implement the provisions of Article XVIII, Section 16 of the Colorado Constitution while also protecting the health, safety, and welfare of the public and curtailing the unlawful possession, use, distribution, or transportation of marijuana for unlawful purposes by: 1. Requiring that retail marijuana establishments be operated in a manner that minimizes potential health and safety risks and mitigates the negative impacts that a retail marijuana establishment might have on surrounding properties and persons; 2. Regulating the conduct of persons owning, operating and using retail marijuana establishments in order to protect the public health, safety and welfare; and 3. Regulating the location and operation of retail marijuana establishments. B. By adoption of this chapter, the City Council does not intend to authorize or make legal any act that is not permitted under federal or state law. C. Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in the Colorado Retail Marijuana Code. In the event of any conflict between the provisions of this chapter and the provisions of the Colorado Retail Marijuana Code or any other applicable state or local law, ordinance, rule or regulation, the more restrictive provision shall control. Sec. 5.11.020. Definitions. A. As used in this chapter, the following words or phrases shall have the following meanings: Amendment 64 means that certain voter initiated amendment to the Colorado Constitution adopted November 6, 2012, which added Section 16 of Article XVIII to the Colorado Constitution. Applicant means any person or entity who has submitted an application for a license, license renewal, or other licensing action pursuant to this chapter. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers and directors of such entity. Colorado Retail Marijuana Code means Article 43.3 of Title 12 of the Colorado Revised Statutes, as amended. Cultivation means the process by which a person grows a marijuana plant. Division means the Marijuana Enforcement Division. Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. Financial interest means an ownership interest, or a directorship or officership. Ordinance No. 1649, Series 2013 Page 3 of 20