City Council Minutes 2013 12 17 - Laserfiche WebLink

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City Council Meeting Minutes December 17, 2013 Page 8 of 24 of consumption of marijuana. Additionally, during such time, no application or request for business registration, sale tax license, building permit or certificate of occupancy for any such business, commerce, enterprise or establishment shall be received, reviewed, approved, or otherwise acted upon. City Attorney Light stated the language in the second reading amendments overlaps with language addressing the establishments specifically contemplated in Amendment 64, but would serve to expressly confirm that the moratorium extends to these other operations. Staff recommended approval of Ordinance No. 1648, Ordinance No. 1649, Ordinance No. 1650 and Resolution 69, Series 2013 on second reading and final reading with possible amendments as offered by Council. COUNCIL COMMENTS Council member Loo addressed the recommendations made by the Health Department relative to T-shirts and inquired if it would be permissible for an employee to wear a logoed T-Shirt from his car to the establishment. City Attorney Light explained the intent is to have some level of enforcement discretion. She asked about the issue of freedom of speech. City Attorney Light explained Amendment 64 authorizes local governments to act as provided for within the amendment and to adopt additional regulations concerning the time, place and manner of operations. The phrase time, place and manner does not mean first amendment rights are automatically attached to the conduct and activities by marijuana establishments. He did not believe there was a first amendment issue currently. Council member Loo inquired about the reliability of the electronic ID scanner devices. Planner I Robinson explained a scanner takes the information from a drivers' license to determine proof of age. According to the County they are reliable and cost $1,000. Chief Goodman stated electronic readers have been around for a long time. Colorado does not require them for any business, although some states do require liquor establishments to use them to determine proof of age. Colorado does not require liquor establishment to use them. Some states have a problem with capturing the data and there are some alleged privacy issues. Council member Loo inquired what other neighboring communities are following the Health Department's recommendations. Planner I Robinson did not know if other communities were following the Health Department's recommendations. Council member Stolzmann asked for more information about dual licensing. Planner I Robinson explained a dual premise license would allow the sale of both medical (18 years of age and over) and retail marijuana (21 years of age and over) in the same building with a wall separating each business. A dual license requires two separate points of entry and two separate points of sale. There can be two stores, side-by-side, with the same owner, but the operation must maintain two sets of books.