2.2.102: DEFINITIONS 1 :

CUMULATIVE CAP ON LICENSED MEDICAL MARIJUANA LOCATIONS: A maximum number of approximately two hundred twelve (212) distinct locations in the City where one or any combination of the following may be licensed in the same premises location: medical marijuana center, medical marijuana optional premises cultivation facility, and medical marijuana infused product manufacturer facility; such exact number as determined by the local licensing authority by calculating the total number of locations in the City where a licensed premises existed for a medical marijuana center, medical marijuana optional premises cultivation facility, and medical marijuana infused product manufacturer facility or any combination of these as of May 25, 2017. The local licensing authority's calculation of the cap shall be considered dispositive and shall not be subject to appeal.

GOOD CAUSE: For purposes of refusing or denying a license renewal, reinstatement, or initial license issuance, this term means:

   A.   The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Marijuana Code 2 , any rules promulgated pursuant to the State Code, this part or any supplemental local laws, rules or regulations.

   B.   The licensee or applicant has failed to comply with any terms or conditions that were placed on its license or application pursuant to an order of the State or Local Licensing Authority.

   C.   The licensed premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located.

HEARING OFFICER: A hearing officer who conducts hearings: a) on appeal of the Local Licensing Authority's decisions, and b) on allegations of license violations requiring a suspension or revocation hearing.

INDUSTRIAL HEMP PRODUCT: Shall have the same meaning as "Industrial Hemp Product" defined under Colorado Revised Statutes section 44-10-103(22).

LICENSE: A grant of license, permit, or registration pursuant to the State Code or this part.

LICENSED PREMISES: The premises specified in an application for a business license under the State Code or this part, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell medical marijuana in accord with the provisions of the State Code or this part.

LOCAL LICENSING AUTHORITY: The City Clerk or the City Clerk's designee acting pursuant to the authority granted under this part.

LOCATION: A particular parcel of land that may be identified by an address or other descriptive means.

MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" does not include industrial hemp, nor does it include fiber produced from stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this section.

MARIJUANA CULTIVATION FACILITY: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with cultivating, preparing, or packaging marijuana for sale to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

MARIJUANA PRODUCT: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

MARIJUANA PRODUCT MANUFACTURING FACILITY: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with manufacturing, preparing, or packaging marijuana products.

MARIJUANA TESTING FACILITY: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with analyzing and certifying the safety and potency of marijuana.

MEDICAL MARIJUANA: Marijuana that is grown, sold or used pursuant to the provisions of the State Code and for a purpose authorized by Colorado Constitution article XVIII, section 14.

MEDICAL MARIJUANA CENTER: A person licensed pursuant to the State Code and this part to operate a business as described in Colorado Revised Statutes section 44-10-501 that sells medical marijuana to registered patients or primary caregivers as defined in Colorado Constitution article XVIII, section 14, but is not a primary caregiver. A medical marijuana center is also known as a medical marijuana store or dispensary.

MEDICAL MARIJUANA ESTABLISHMENT: A licensed medical marijuana center, a medical marijuana infused products manufacturer, a medical marijuana optional premises cultivation operation, or a medical marijuana testing facility.

MEDICAL MARIJUANA INFUSED PRODUCT: A product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed medical marijuana center or a medical marijuana infused product manufacturer, shall not be considered a food or drug for the purposes of the Colorado Food and Drug Act 3 .

MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURER: A person licensed pursuant to the State Code and this part to operate a business as described in Colorado Revised Statutes section 44-10-503.

MEDICAL MARIJUANA OPTIONAL PREMISES: 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 Colorado Constitution article XVIII, section 14.

MEDICAL MARIJUANA OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to the State Code and this part to operate a business as described in Colorado Revised Statutes section 44-10-502.

MEDICAL MARIJUANA TESTING FACILITY: A public or private laboratory licensed and certified to conduct research and analyze medical marijuana, medical marijuana infused products, and medical marijuana concentrate for contaminants and potency as described in Colorado Revised Statutes section 44-10-504.

PERSON: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer or employee thereof.

PREMISES: A distinct and definite location with approved unique enumeration, which may include a building, a part of a building, a room, or any other definite area with internal contiguous access, which is under the exclusive possession and control by the licensee.

RETAIL MARIJUANA ESTABLISHMENT: A marijuana cultivation facility, a marijuana product manufacturing facility, a marijuana testing facility, or a retail marijuana store.

RETAIL MARIJUANA STORE: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with the sale of marijuana or marijuana products to consumers. (Ord. 11-32; Ord. 13-47; Ord. 16-32; Ord. 16-56; Ord. 17-28; Ord. 20-93; Ord. 23-17 4 )

 

Notes

1	1. Definitions of "drug and alcohol treatment facility" and "residential childcare facility" are found in section 7.6.301 of this Code.
2	2. CRS §44-10-101 et seq.
3	1. CRS title 25, art. 5, pt. 4.
4	1. June 5, 2023 is the effective date of Ordinance 23-17.

2.2.103: LOCAL LICENSING AUTHORITY; DELEGATION OF DUTIES:

   A.   General: The Local Licensing Authority of the City for medical marijuana business licenses as authorized by the State Code, the rules and regulations of the State licensing authority, this Code and local rules and regulations, shall possess all powers given to Local Licensing Authorities by the provisions of State statutes, City Code and State and local rules and regulations.

   B.   Rules And Regulations: The Local Licensing Authority shall have the authority to promulgate rules and regulations, including those governing the processing of license applications, the administration of licenses and the conduct of hearings on medical marijuana business licensing matters.

   C.   Grant Or Denial Of License Application: The Local Licensing Authority is responsible for review and grant, denial, and conditioning of grants of applications for medical marijuana businesses.

   D.   Appeals: The decision of the Local Licensing Authority may be appealed to a hearing officer in accord with article 1, part 8 of this chapter and the medical marijuana licensing rules and procedures. Failure to appeal in accord with this section shall be deemed a waiver of the right to appeal pursuant to CRCP 106 by virtue of a failure to exhaust administrative remedies.

   E.   Appeal To District Court: The final decision or determination of the hearing officer shall in all cases be final and conclusive. A decision or determination of the hearing officer may only be reviewed by the District Court pursuant to CRCP 106(a)(4). In the event the District Court remands the matter back to the hearing officer or Local Licensing Authority for additional proceedings, there shall be no reinstatement of licensed privileges pending additional proceedings, except by court order. (Ord. 11-32; Ord. 16-32)

2.2.104: LICENSE REQUIRED:

   A.   It shall be unlawful for any person to engage in the business of selling, growing, distributing, processing, infusing, storing, delivering, or testing any medical marijuana within the City without valid City and State licenses or applicable permits as required by law.

   B.   Any license required by this part shall be issued in accord with and upon the payment of the fees provided by State statutes, City Code, and State and local rules and regulations.

   C.   All applications and fees for City and State licenses shall be filed with the Local Licensing Authority on forms to be approved by the Local Licensing Authority, together with applicable fees and other information and documents as may be required by the City's medical marijuana licensing rules and regulations. All medical marijuana business licensing records shall be maintained by the Local Licensing Authority.

   D.   Effective May 25, 2017, the Local Licensing Authority shall not receive or act upon any application for a new medical marijuana center license.

   E.   Effective May 25, 2017, the Local Licensing Authority shall not receive or act upon any application for a new medical marijuana optional premises cultivation or medical marijuana infused product manufacturer license unless the new license is to be collocated with an existing licensed medical marijuana establishment location with one hundred percent (100%) common ownership and pursuant to the cumulative cap on licensed medical marijuana locations.

   F.   Effective May 25, 2017, the Local Licensing Authority shall not receive or act upon any application for a change of location of any medical marijuana center, medical marijuana optional premises cultivation facility, or medical marijuana infused product manufacturer license unless:

      1.   All other medical marijuana establishment licenses at the prior location also change location to the same new location; or

      2.   The medical marijuana establishment license change of location is proposed to be to a location where other medical marijuana establishment license(s) currently exist that is one hundred percent (100%) commonly owned by the licensee; or

      3.   All other medical marijuana establishment licenses at the prior location are surrendered.

   G.   If licenses for a medical marijuana location are surrendered, revoked, or denied renewal, the cumulative cap on licensed medical marijuana locations shall be reduced accordingly. Any active, valid license may be transferred to another person meeting all of the requirements for licensure.

   H.   Medical marijuana testing facility licenses shall be capped at one licensed location for every one hundred (100) licensed medical marijuana locations that are subject to the cumulative cap on licensed medical marijuana locations set forth in section 2.2.102 of this part. (Ord. 11-32; Ord. 16-32; Ord. 17-28; Ord. 20-93)

2.2.105: FEES; TERM; RENEWAL:

   A.   The Local Licensing Authority shall charge fees for applications and licenses, including original and renewal licenses, background checks, copies of licenses, and for other changes to the license. Fees shall be determined and collected by the Local Licensing Authority pursuant to article 1, part 5 of this chapter.

   B.   All medical marijuana licenses shall expire one year from the date of issue.

   C.   A medical marijuana licensee shall apply for the renewal of an existing license not less than forty-five (45) days prior to the expiration date. If a licensee submits a timely and sufficient renewal application, the licensee may continue to operate until the application is finally acted upon by the Local Licensing Authority. (Ord. 11-32; Ord. 16-32; Ord. 20-93)

2.2.106: APPLICATION REQUIREMENTS:

All applications for licenses shall be filed with the Local Licensing Authority on approved forms, together with all fees and documents required by the City or State. (Ord. 11-32; Ord. 16-32)

2.2.107: APPLICATION INVESTIGATION; DECISION:

   A.   For the Local Licensing Authority to grant a medical marijuana business license, the applicant must comply with all applicable State and local laws, ordinances, rules and regulations, and must meet the following qualifications:

      1.   The applicant must be in compliance with City Zoning Code;

      2.   The applicant must have a sales tax license;

      3.   The applicant must have possession of the licensed premises;

      4.   The applicants that are natural persons must be twenty one (21) years of age or older; and

      5.   The medical marijuana center license applicant must be in possession of a storefront from which the business will be operated.

   B.   In addition to the grounds set forth in this chapter and applicable State or local law, rules or regulations, the Local Licensing Authority may deny any medical marijuana license if:

      1.   The applicant fails to meet those criteria set forth in the Colorado Marijuana Code;

      2.   Has made a wilful misrepresentation in applying for a license;

      3.   Has been previously denied a license under this chapter;

      4.   Was a licensed medical marijuana establishment and the license was revoked, unless the Local Licensing Authority determines that the licensee was not responsible for the misconduct underlying the revocation;

      5.   Has been convicted of operating without a license under this part or performing any act for which a license is required under this chapter.

   C.   Failure of the applicant to provide proof of State Marijuana Enforcement Division acceptance of the application within one (1) year from the date of City application may cause the application to be deemed withdrawn. If the applicant does not receive State jurisdictional approval within one year of the date of Local Licensing Authority approval, the City license application expires and may not be renewed. If an application is denied by the State Licensing Authority, the Local Licensing Authority shall revoke the City issued approval or license.

   D.   Any applicant aggrieved by the decision of the Local Licensing Authority may appeal the decision to deny or condition a license to the Hearing Officer in accord with the Local Licensing Authority's rules and regulations. (Ord. 11-32; Ord. 16-32; Ord. 16-56; Ord. 20-93)