Business Retention and Development Committee Agenda and Packet 2019 02 04

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SUBJECT: ORDINANCE 1769, SERIES 2019 — MARIJUANA ORDINANCE UPDATES DATE: JANUARY 8, 2019 PAGE 5 OF 15 Comparison of Current Marijuana and Liquor Regulations Marijuana Regs Liquor Regs Land Use and Other Regulations Must be 1,320 feet from any daycare or school. This is set by municipality. Must be 500 feet from any school 1st grade and higher. This is set by state law, but municipality may decrease the distance. New stores may not be within 1,320 feet of another store. This is set by municipality. New retail stores may not be within 1,500 feet of another retail store. State law. No regulations for "undue concentration." May deny a license for "undue concentration." Municipality may ban this use in certain areas, i.e. downtown. Statute doesn't allow municipality to ban liquor as a use in an area. Municipality may set hours of operation. Hours of operation set by state law. Municipality may do a complete ban Municipality may do a complete ban Landlord may choose to not rent to a marijuana use. Collect local sales tax. Collect local sales tax. May impose additional excise tax. Requires TABOR election. Licensing All license types set by state law. All license types set by state law. Must have a signed lease to apply for a license. Must have a signed lease to apply for a license. Apply first to the state. State then sends license application to the municipality. Apply first to the municipality. Municipality then sends license application to the state. State fees and local fees. Local fees set at the discretion of the municipality. State fees and local fees. Local fees are limited by the state. (Louisville fees are much lower than the established limit.) All employees required to have state issued "red card." Includes state mandated training for support personnel. Local training sessions encouraged for all employees, not required. Background checks required of all employees (part of "red card" application). Background checks required of all owners of more than 10% and managers. Requires LLA Public Hearing and approval for a license Requires LLA Public Hearing and approval for a license The following buffer maps demonstrate the current and proposed retail buffers (see Attachments 9 and 10 for full size maps). The first map shows a 1,320-foot buffer between stores and public or private preschools, elementary, middle, junior high, or high school; public playground or outdoor pool; an outdoor education facility serving children; an alcohol or drug treatment facility; the principal campus of a college, university, or seminary; or a residential childcare facility. The second map shows a 500-foot buffer between stores and public or private elementary, middle, junior high, or high school. The map also shows the 1,500-foot buffer from the City's existing stores. The new regulations expand where marijuana businesses could locate along McCaslin Boulevard, South Boulder Road, 96th Street/Highway 42, and the Conoco Phillips/Health Park properties off 88th St. Although the ordinance removes overall limit of four marijuana businesses, the 1,500-foot spacing requirement between businesses will provide a limit on the total number, and limits any undesirable concentration of stores to a single area of the City. CITY COUNCIL COMMUNICATION