City Council Agenda and Packet 2009 11 02

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COUNCIL COMMENTS City Council Meeting Minutes October 20, 2009 Page 12 of 15 2. Adopt ordinance and the City Council could direct Staff to send letters to the two businesses informing them their existing uses are exempt from the moratorium. 3. Adopt the ordinance and direct Staff to further review the status and particular circumstance of each business and issue a determination. 4. Adopt the ordinance and allow the moratorium to stand as is. 5. Strike from the ordinance any reference to certificate of occupancies. City Attorney Light explained all municipalities are struggling with regulating medical marijuana dispensaries. A moratorium is not an outright ban on medical marijuana dispensaries, but merely provides a period of time to receive guidance from the state legislators, State Attorney' Office or Department of Health. He reviewed the second reading amendments for Ordinance No. 1561, Series 2009, which is an emergency ordinance. 1) Section 2 changes the date of the moratorium's expiration to May 15, 2010 (the end of the legislative session). 2) Clarifies no person may commence a new medical marijuana dispensary use during the moratorium; no new sales tax license or new registration, building permit or certificate of occupancy shall be issued. 3) Section 6 Amends the definition of medical marijuana dispensary to: "medical Marijuana dispensary" means and includes the use of any property or structure to sell, distribute, transmit, give, and dispense marijuana; grow and produce could be added to cover those issues during the moratorium. Mayor Sisk suggested regulations define medical marijuana dispensaries not be located adjacent to schools, similar to the laws governing liquor, and require a process of collecting signatures on a petition to establish the needs of the neighborhood. Mayor Sisk opened the public hearing and requested public comment. PUBLIC COMMENTS Laurel Alterman, Altermeds, LLC, 1156 W. Dillon Road, #3, Louisville, CO; home address: 1908 Coffman Street, Longmont, CO. She noted Councilor Dalton visited her store. She stated the Colony Square area is a blighted area and stressed her dispensary is a model for all medical marijuana dispensaries. It has a security system, bullet -proof glass, and separate ventilating system. She maintains records by scanning all transactions into her computer. She provided a safe, clean venue for patients to purchase their medical marijuana and noted Colony Square is zoned for pharmacies, businesses and medical offices.