Planning Commission Agenda and Packet 2011 02 10

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Planning Commission Staff Report February 10, 2011 Ordinance # , Series 2011 amends Title 17 of the LMC to define medical marijuana operations that may receive licenses consistent with definitions in HB 10 -1284 and specify the permitted and non - permitted uses associated with medical marijuana businesses. While HB 10 -1284 recognizes at a state level a license for cultivation activities on identified optional premises, the City ordinance expressly prohibitions cultivation within the City. Definitions HB 10 -1284 established the State's regulatory framework and established medical marijuana industry definitions, including use of the term "medical marijuana center" instead of "medical marijuana dispensary." As a result, staff is recommending the current Section 17.08.321 of the Louisville Municipal Code be repealed in its entirety and Chapter 17.08 of the Louisville Municipal Code be amended by the addition of new Sections to provide definitions for the following: Sec. 17.08.263. Location. Location means a particular parcel of land that may be identified by an address or other descriptive means. Sec. 17.08.321.A.(1) Medical Marijuana Center. Medical Marijuana Center means a person licensed pursuant to this Chapter to operate a business as described in section 12- 43.3 -402 of HB 10 -1284 that sells medical marijuana to registered patients or primary caregivers as defined in section 14 of Article XVIII of the Colorado State Constitution, but is not a primary caregiver. Sec. 17.08.321.A.(2) Medical marijuana- infused products manufacturer. Medical marijuana- infused products manufacturer means a person licensed pursuant to Colorado State HB 10 -1284 to operate a Business as described in section 12- 43.3 -404 of H B 10 -1284 Sec. 17.08.356.A.(1) Optional premises. Optional premises means the premises specified in an application for a medical marijuana center license with related growing facilities in Colorado for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by Section 14 of Article XVIII of the Colorado State Constitution. Sec. 17.08.356.A.(2) Optional premises cultivation operation. Optional premises cultivation operation means a person licensed pursuant to this Chapter to operate a business as described in section 12- 43.3 -403 of Colorado State H B 10 -1284. Sec. 17.08.367. Person. Person means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. 6