City Council Agenda and Packet 2009 10 13 SP

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medical use of marijuana;and WHEREAS, inquiries have been made regarding the operation of medical marijuana dispensaries within the City; and WHEREAS, in recognition of the continuing illegality of marijuana sale or use, for purposes other than treatment of debilitating medical conditions, City Council finds that the regulation of medical marijuana dispensaries is a necessary exercise of its municipal police power to assure that such dispensaries are appropriately located within the City, and that the manner in which dispensaries are operated are consistent with the requirements of applicable law as well as the health, safety,and welfare of the public; and WHEREAS, Section 14 of Article XVIII of the Colorado Constitution, existing state statutes, and existing Colorado Department of Public Health and Environment rules do not attempt to regulate medical marijuana dispensaries; and WHEREAS, the City Council finds that existing provisions within the City Code do not adequately address the potential impacts of medical marijuana dispensaries on the City because the City Code does not regulate medical marijuana dispensaries, their locations within the City's zoning districts, their location relative to schools and other areas frequented by minors, their hours of operation, or other matters necessary to ensure that such dispensaries are legitimately operating solely as a medical marijuana dispensary in a manner compliant with Section 14 of Article XVIII of the Colorado Constitution and other applicable law; and WHEREAS, the City Council recently learned that the Colorado Legislature may be considering legislation and the Colorado Office of Attorney General may issue guidance clarifying issues related to medical marijuana dispensaries, and the City Council desires to have the opportunity to review such legislation or guidance and the impact they may have on the City, as a home-rule municipality,to regulate such dispensaries; and WHEREAS, for the forgoing reasons, the City Council has determined that additional time is required to allow City Staff to study the issues and develop regulations and recommendation pertaining to medical marijuana dispensaries for subsequent review and potential adoption by the City Council; and WHEREAS, the City Council finds that continued acceptance and processing of applications or requests for business registration, sales tax licenses,building permits, and certificates of occupancy for medical marijuana dispensaries pending completion of the City Staff's study of the issues and possible adoption of more adequate regulations, may undermine and defeat the City's ability to promote and protect the public health, safety, and welfare; and WHEREAS, the City Council finds and determines that it is necessary and appropriate to institute a temporary moratorium of six(6)months on accepting,reviewing, approving,or otherwise acting upon applications or requests for business registration, sales tax license, building permits, and certificates of occupancy for medical marijuana dispensaries; 2 6