City Council Agenda and Packet 2009 10 13 SP

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ORDINANCE NO. 1561 SERIES 2009 AN EMERGENCY ORDINANCE OF THE CITY OF LOUISVILLE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, OR ISSUANCE OF APPLICATIONS OR REQUESTS FOR BUSINESS REGISTRATION, SALES TAX LICENSES, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF LOUISVILLE WHEREAS, the City of Louisville is a home rule municipal corporation organized under and pursuant to Article XX of the Colorado Constitution and the Louisville 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 and § 31-15-601, 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 and type of businesses allowed within the City and to regulate the construction,repairs,and remodel of buildings within the City; and WHEREAS, pursuant to such authority, the City adopted Chapter 5.04 of the Louisville Municipal Code ("City Code") making it unlawful for any person to commence, carry on or establish any kind of business within the City without first having registered with the City to do so; and WHEREAS, the City also adopted Section 3.20.240 of the City Code making it unlawful for any person to engage in the business of selling tangible personal property at retail within the City without first obtaining a sales tax license; and WHEREAS, pursuant to Chapter 15.04 of the City Code, the City adopted International Building Code, 2003 Edition, which makes it unlawful to use, occupy, or change the existing occupancy of a building or structure until the Building Official has issued a certificate of occupancy for such building or structure; and WHEREAS, the voters of Colorado approved Amendment 20 at the 2000 general election, which was subsequently codified as Section 14 of Article XVIII of the Colorado Constitution, and which authorizes the medical use of marijuana by persons in Colorado suffering debilitating medical conditions; and WHEREAS, marijuana remains a controlled substance, the possession or use of which is illegal under federal law and under state law, with the limited exceptions set forth in Section 14 of Article XVIII of the Colorado Constitution; and WHEREAS, as the result of a recent modification to federal law enforcement policy concerning the prosecution of federal marijuana violations in states which have legitimized the use of marijuana for medical purposes, medical marijuana dispensaries have proliferated within the State of Colorado and in other states that have adopted constitutional provisions authorizing the 1 5