City Council Minutes 2009 10 06 - Laserfiche WebLink

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City Council Meeting Minutes October 6,2009 Page 12 of 16 Mayor Sisk opened the public hearing and requested a Staff presentation. Police Chief Goodman reported since the first reading of Ordinance No. 1557, Series 2009, there have been several new developments. He provided background information of the history of medical marijuana dispensaries. In 2000, Colorado voters approvl9d Colorado Constitution Amendment 20, which authorizes the use of marijuana to alleviate certain debilitating medical conditions. In 2009 the Obama Administration indicated the DEA would not take enforcement actions toward medical marijuana dispensaries. Chief Goodman noted the term medical marijuana dispensary does not exist in the law. The term came from the State of California proposition. Thousands of applications for medical marijuana dispensaries have been filed across the state; however, Amendment 20 is ambiguous and difficult to regulate. The Louisville Municipal Code does not provide specific direction as to the regulation of the use of land for medical marijuana dispensaries. The Planning Division, Police Department and City Attorney drafted an ordinance for review and recommendation to prohibit this use in residential areas. Police Chief Goodman explained there may be further direction from the legislators, a court decision on the regulation of medical marijuana dispensaries and guidelines from the Health Department. He requested Council consider a moratorium on dispensaries for medical marijuana. City Attorney Culley clarified Staff's recommendation. City Council is being asked to conduct a public hearing on an amended version of Ordinance No. 1557, Series 2009, which provides direction to Staff and property owners as to the regulation of medical marijuana dispensaries; a definition, a use group designation and a further provision that amends the home occupation section of the code to prohibit such uses as home based businesses. Staff recommends striking Section 2 of the ordinance. The second action requested was the proposal of an emergency ordinance setting a moratorium on the processing of business registration applications and issuances of sales tax licenses on medical marijuana dispensaries. Staff requests a Council motion to set the ordinance on the October 13, 2009 City Council agenda and set a public hearing for October 20,2009. Mayor Pro Tem Marsella asked if the intent of the moratorium is to wait until the state sets guidelines for medical marijuana dispensaries. Chief Goodman confirmed the intent was to wait for guidance from the legislators. Mayor Sisk attended a roundtable meeting with respect to medical marijuana dispensaries and stated the overall consensus was Amendment 20 is ambiguous on regulations. He noted other communities, such as Broomfield County and the