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ORDINANCE NO. 1643 SERIES 2013 AN EMERGENCY ORDINANCE OF THE CITY OF LOUISVILLE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR OPERATION OF RETAIL MARIJUANA ESTABLISHMENTS WITHIN THE CITY WHEREAS, the City of Louisville is a home rule municipal corporation organized under and pursuant to Article XX of the Colorado Constitution and its Home Rule Charter; and WHEREAS, by virtue of such authority, and as further authorized by state statutes, including but not limited to C.R.S. § 31 -15 -401 and § 31 -15 -601, the City has broad authority to exercise its police powers to promote and protect the health, safety and welfare of the City and its inhabitants, including the power to regulate the nature, type and location of businesses and uses of land allowed within the City and to regulate the construction, repair, and remodeling of buildings within the City; and WHEREAS, pursuant to such authority, the City adopted Chapter 5.04 of the Louisville Municipal Code ( "City Code ") making it unlawful for any person to commence, carry on or establish any kind of business within the City without first having registered with the City to do so; and WHEREAS, the City also adopted Section 3.20.240 of the City Code making it unlawful for any person to engage in the business of selling tangible personal property at retail within the City without first obtaining a sales tax license; and WHEREAS, pursuant to Chapter 15.04 of the City Code, the City adopted the International Building Code, 2009 Edition, which makes it unlawful to use, occupy, or change the existing occupancy of a building or structure until the Building Official has issued a certificate of occupancy for such building or structure; and WHEREAS, at the 2012 general election, the voters of Colorado approved Amendment 64, which was codified as Section 16 of Article XVIII of the Colorado Constitution, concerning the personal use and regulation of marijuana and which allows for the retail sale and cultivation of marijuana in the State of Colorado; and WHEREAS, Article XVIII, § 16(5)(f) of the Colorado Constitution specifically authorizes municipalities "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores [collectively, "retail marijuana establishments "] through the enactment of an ordinance or through an initiated or referred measure; provided any initiated or referred measure to prohibit the operation of [retail marijuana establishments] must appear on a general election ballot during an even numbered year;" and WHEREAS, on September 17, 2013, the City Council held a public hearing on proposed ordinances regulating retail marijuana establishments within the City at which hearing the public had the opportunity to comment on the proposed ordinances; and Ordinance No. 1643, Series 2013 Page 1 of 5