Planning Commission Minutes 2011 01 13

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Planning Commission Meeting Minutes January 13, 2011 Page 6 of 14 Amendment 20 to the Colorado Constitution legalized the “medical  use of marijuana for persons suffering from debilitating medical conditions”. Amendment 20 did not establish complementary guidelines to  regulate the medical marijuana industry until Jul 2010. Previous City Action:  Two (2) medical marijuana dispensaries were granted business  licenses in July 2009. At that time, neither the City nor the State provided guidance to regulate the industry. The City classified the use as “medical clinics” which permitted  them to locate in a Commercial Business (CB) zone district. The City adopted Ordinance #1557 in October 2009 which added a  definition of “medical marijuana dispensary” and prohibited dispensaries as home occupations. The City adopted Ordinance #1561 and #1574 which established  and subsequently extended a temporary moratorium on all medical marijuana operations in the City until March 31, 2011. City Council Direction:  Council directed staff on November 16, 2010 to establish  recommendations for medical marijuana operations licensing standards and location requirements including provisions such as distance restrictions, size restrictions, security measures, hours of operations and other. Staff Action:  Staff studied model municipal ordinance from throughout the Front  Range and brings forward two ordinances amending Title 5 and 17 of the Louisville Municipal Code (LMC) regulating medical marijuana businesses. The ordinances established zoning, licensing and operating  requirements for medical marijuana businesses without impacting the protections afforded to patients and primary caregivers by Amendment 20. Amendments to Title 17:  Defines medical marijuana operations, specifies the permitted and  non-permitted uses associated with medical marijuana businesses. Amendments to Title 5:  Established a comprehensive licensing ordinance for all medical  marijuana operations, location requirements, operational requirements and the cultivation of marijuana. Fiscal Impact: There are currently two (2) medical marijuana businesses  operating in the City. If they continue to generate sales tax at the current rate, both operations will be among the City’s top 50 sales tax generation vendors for 2011. The responsibility of the enforcement of zoning, licensing and supervision of the businesses will require additional staff time and resources.