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ORDINANCE NO. 1677 SERIES 2014 AN ORDINANCE AMENDING CHAPTER 5.11 OF THE LOUISVILLE MUNICIPAL CODE TO PROHIBIT MARIJUANA CLUBS WHEREAS, the City of Louisville is a home rule municipal corporation organized under and pursuant to Article XX of the Colorado Constitution and its Home Rule Charter; and WHEREAS, by virtue of such authority, and as further authorized by state statutes, including but not limited to C.R.S. § 31 -15 -401, the City has broad authority to exercise its police powers to promote and protect the health, safety and welfare of the City and its inhabitants, including the power to regulate the nature, type and location of businesses and uses of land allowed within the City; and WHEREAS, at the November 2000 general election, the voters of Colorado approved Amendment 20, which was codified at Section 14 of Article XVIII of the Colorado Constitution concerning the medical use of marijuana by patients and primary caregivers; and WHEREAS, Amendment 20 prohibits a patient from engaging in the medical use of marijuana in a way that endangers the health or well -being of any person or in the plain view of, or in a place open to, the general public; and WHEREAS, at the 2012 general election, the voters of Colorado approved Amendment 64, which was codified as Section 16 of Article XVIII of the Colorado Constitution, concerning the personal use and regulation of marijuana and which allows for the retail sale and cultivation of marijuana in the State of Colorado; 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;" and WHEREAS, the Colorado Clean Indoor Air Act, C.R.S. § 25 -14 -201, et seg., prohibits the smoking of marijuana in most commercial buildings; and WHEREAS, the City Council desires to amend Chapter 5.11 to prohibit clubs or establishments at which individuals gather to consume, grow, distribute or use marijuana (for medical or personal use) in all zoning districts in the City; and WHEREAS, the City's authority to adopt this ordinance is found in, Sections 14 and 16 of Article XVIII of the Colorado Constitution; Article XX of the Colorado Constitution; the Local Government Land Use Control Enabling Act, C.R.S. § 29 -20 -101, et seq.; C.R.S. § 31 -23- Ordinance No. 1677, Series 2014 Page 1 of 3