City Council Study Session Agenda and Packet 2010 10 26

Home Browse Search

ORDINANCE NO. 1574 SERIES 2010 AN ORDINANCE OF THE CITY OF LOUISVILLE EXTENDING THE 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 adopted Ordinance No. 1561, Series 2009, on October 20, 2009, which established a temporary moratorium until May 15, 2010 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; and WHEREAS, the City extended the temporary moratorium until August 15, 2010 by the adoption of emergency Ordinance No. 1570, Series 2010, on April 20, 2010; and WHEREAS, Ordinance No. 1561, Series 2009, defined "medical marijuana dispensary" to include "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;" and WHEREAS, H.B. 10 -1284 was approved by the Colorado House of Representatives on May 11, 2010 and has been sent to the Governor for the Governor's action thereon; and WHEREAS, H.B. 10 -1284 regulates medical marijuana on a state -wide basis; establishes a dual local and state licensing scheme for medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufacturers; authorizes local regulation and licensing requirements that are more stringent than those set forth in H.B. 10 -1284; and authorizes a "local option" by which the City Council or the registered electors of the City may vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufacturers licenses; and WHEREAS, H.B. 10 -1284 at § 12- 43.3- 202(1)(b)(I) provides that a municipality "that has adopted a Temporary Moratorium" regarding the subject matter of Article 43.3 is "specifically authorized to extend the moratorium until the effective date of the rules adopted by the Department of Revenue "; and WHEREAS, City Council finds that extending the temporary moratorium enacted by Ordinance No. 1561, Series 2009 and extended until August 15, 2010 by Ordinance No. 1570, Series 2010 will allow City staff and the City Council additional time to investigate the City's ability to regulate commercial medical marijuana operations under H.B. 10 -1284, gain input on the options available to the City for addressing medical marijuana operations in the City, review any 1