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<br />Medical marijuana dispensary means and includes the use of any property or <br />structure to sell, distribute, transmit, give, and dispense marijuana to qualified <br />individuals in accordance with Article XVIII, Section 14 of the Colorado <br />Constitution. <br /> <br />Section 2. Section 17.16.040 of the Louisville Municipal Code is hereby amended to <br />read as follows (words added are underlined): <br /> <br />17.16.040 Home Occup:ations. <br /> <br />H. The following uses, because of their tendency to go beyond the <br />limits permitted for home occupations and thereby impair the use and value of the <br />residential area, shall not be permitted as home occupations: auto repair or <br />motorized implement repair; dance, music or other types of instruction (if more <br />than four students being instructed at one time); dental offices; medical offices; <br />medical mariiuana dispensaries; the painting of vehicles, trailers or boats; private <br />schools with organized classes; radio and television repair; barber and/or beauty <br />shop; welding shops; nursing homes; massage therapy by a massage therapist; <br />sexually oriented businesses; and, irrespective of whether the use may be <br />categorized as a sexually oriented business, any retail or wholesale sales to <br />consumers upon the premises of any types of materials specified in this title <br />which describe or depict specified sexual activities or specified anatomical areas. <br /> <br />Section 3. If any pOltion of this ordinance is held to be invalid for any reason, such <br />decisions shall not affect the validity of the remaining portions of this ordinance. The City <br />Council hereby declares that it would have passed this ordinance and each part hereof <br />irrespective of the fact that anyone part be declared invalid. <br /> <br />Section 4. The repeal or modification of any portion of the Municipal Code of the City <br />of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in <br />part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred <br />under such provision, and each provision shall be treated and held as still remaining in force for the <br />purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the <br />enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any <br />judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, <br />proceedings, or prosecutions. <br /> <br />Section 5. All other ordinances or portions thereof inconsistent or conflicting with <br />this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or <br />conflict. <br /> <br />INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED <br />PUBLISHED this 15th day of September, 2009. <br /> <br />2 <br />