Ordinance 2009-1561 - Laserfiche WebLink

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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the City Council. Section 2. Upon the effective date of this ordinance, and until May 15, 2010, no application or request for business registration, sales tax license, building permit, or certificate of occupancy for a medical marijuana dispensary or for any business purporting to sell or actually selling marijuana for medical use shall be received, reviewed, approved, or otherwise acted upon, nor shall any person during such period commence any operation of a medical marijuana dispensary business. The restrictions herein shall not apply to certificates of occupancy for developments identified as Compassionate Pain Management, LLC, 1116 W. Dillon Road, Suite 7 and Altermeds, LLC 1156 W. Dillon Road, Suite 3" as such developments and uses existed on October 20,2009. Section 3. City Staff is hereby directed to study, develop, review and evaluate appropriate regulations or recommendations pertaining to medical marijuana dispensaries for presentation to and consideration by the City Council. Section 4. The provisions of this ordinance are temporary in nature and may be repealed by a subsequent legislative enactment. The temporary moratorium established by this ordinance shall terminate as of May 15, 2010 unless sooner repealed. Section 5. The City Council herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare because existing regulations are inadequate to address potential impacts of medical marijuana dispensaries on the health, safety, and welfare of the community. The City Council also herewith finds that the recent proliferation of medical marijuana dispensaries around the State, the recent inquiries the City has received regarding the operation of medical marijuana dispensaries within the City, and the fact that forthcoming legislation from the Colorado Legislature and guidance from the Colorado Office of Attorney General may impact how such dispensaries may be regulated constitute an emergency which could not have been reasonably anticipated or foreseen and on which immediate action is genuinely and urgently necessary for the preservation of public, health, safety, and welfare. Therefore, City Council herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by two-thirds of the entire City Council. Section 6. For purposes of this ordinance, "medical marijuana dispensary" means and includes the use of any property or structure to sell, distribute, produce, grow, transmit, give, or dispense marijuana to qualified individuals in accordance with Article XVIII, Section 14 of the Colorado Constitution. Section 7. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact 3