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A. In addition to the grounds set forth in Colorado Revised Statutes section 44-10-701 et seq., it shall be unlawful for any person licensed pursuant to this article to:
1. Fail to comply with provisions of 1 CCR 212-3 et seq., and the Medical Marijuana Rules and Regulations for the City of Colorado Springs.
2. Make a wilful misrepresentation in applying for a license.
3. Fail to surrender to the Local Licensing Authority the license when required.
4. Fail to permit inspection/examination of books and records as required by law.
5. Consume or permit the consumption of medical marijuana in a licensed premises.
6. Fail to designate areas of ingress and egress for limited access areas and post signs in conspicuous locations as required by State law.
7. Fail to report a transfer or change in ownership, or any new financial interest or investment.
8. Fail to report the name of or a change in managers as required by City Code and regulations.
9. Display any signs or advertising that is inconsistent with City or State law or regulations.
10. Use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors, or that is inconsistent with the medicinal use of medical marijuana.
11. As a medical marijuana center licensee, fail to maintain possession of a storefront from which the business is operated.
12. Operate a retail marijuana establishment within the City of Colorado Springs.
13. Sell, serve, or distribute any medical marijuana or medical marijuana infused product at any time other than between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M., Monday through Sunday.
14. Initiate the transport of any medical marijuana or medical marijuana infused product to another licensed facility at any time other than between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., Monday through Sunday.
15. Fail to report changes and apply for a modification of premises as required by City Code and regulations.
16. Fail to disclose or apply for changes to hazardous or nonhazardous extraction processes for medical marijuana infused product (MIP) licensed activities, as defined in Zoning Code, Fire Code, and the Medical Marijuana Rules and Regulations for the City of Colorado Springs.
17. Sell, transfer, or possess any products other than medical marijuana, medical marijuana products, consumable industrial hemp products in compliance with Colorado Revised Statutes section 44-10-501(3)(e), or non-consumable cannabis related products and accessories.
18. Sell or distribute any nicotine products or alcohol products, or medical marijuana or medical marijuana products that contain any nicotine or alcohol.
19. Sell medical marijuana or medical marijuana products over the internet or deliver medical marijuana or medical marijuana products to a person not physically present inside the medical marijuana center's licensed premises. Nothing in this section is meant to inhibit or prohibit the lawful sales and transportation of medical marijuana or medical marijuana products to other medical marijuana facilities licensed pursuant to State law.
20. Display, cultivate, sell, or transport any medical marijuana or medical marijuana products in a manner that is visible to the public.
21. Cultivate any medical marijuana not in an enclosed building or without adequate ventilation and filtration system that ensures odors from the cultivation activities are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit or residential unit.
22. Fail to maintain compliance with current Building and Fire Codes, including plumbing, electrical, and mechanical.
23. Fail to report or disclose any State Marijuana Enforcement Division violation notice or pending charges, or any suspension or revocation of an associated State Marijuana Enforcement Division license.
24. Fail to submit application for renewal of a City issued medical marijuana license not less than forty-five (45) days prior to the date of expiration. A licensee who files a late City medical marijuana license renewal application within forty-five (45) days prior to the date of expiration with the requisite fees and a non-refundable late application fee may continue to operate until the Local Licensing Authority has taken final action to approve or deny the licensee's late renewal application. No application for renewal of a medical marijuana license shall be accepted after the date of expiration.
B. A violation of any provision set forth in subsection A of this section may result in initiation of suspension or revocation proceedings.
C. A violation of any provision set forth in subsection A of this section, or cultivation, possession or sale of medical marijuana by an applicant who has not been granted a license, or by a licensee after suspension or revocation of a license may result in criminal prosecution by the appropriate authorities.
D. It shall be unlawful for any person to operate a retail marijuana establishment within the City of Colorado Springs. (Ord. 11-32; Ord. 13-47; Ord. 16-32; Ord. 16-56; Ord. 17-88; Ord. 20-93)
PART 2 MARIJUANA CONSUMPTION CLUBS
SECTION:
2.2.201: Legislative Declaration
2.2.202: Definitions
2.2.203: License Required; Term; Transferability; Fees
2.2.204: Qualifications Of Applicants
2.2.205: Application Requirements
2.2.206: Marijuana Consumption Club License
2.2.207: Manager Registration
2.2.208: Inspection
2.2.209: Modification Of Licensed Premises
2.2.210: Denial, Suspension Or Revocation Of License
2.2.211: Unlawful Acts; Violations
A. The City Council declares it to be in the interest of the health, safety and welfare of citizens of the City and a proper exercise of the police power to require the licensing of marijuana consumption clubs as defined in this part.
B. Nothing in this part is intended to authorize or license anything otherwise prohibited by law.
C. Nothing in this part is intended to conflict with or violate any City or State law or regulation related to the use of marijuana, medical marijuana or marijuana product.
D. Nothing in this part is meant to inhibit any individual's right to personal use of marijuana pursuant to article XVIII, section 16(3) of the Colorado Constitution. (Ord. 16-34)
LICENSED PREMISES: The premises specified in an application for a license under this part within which the licensee is authorized to operate a marijuana consumption club.
MARIJUANA CONSUMPTION CLUB: An establishment, organization, association, club, teapad, or other similar entity or place where a purpose is to allow the consumption of marijuana, medical marijuana or marijuana product on the premises. (Ord. 16-34)
A. It shall be unlawful for any person to operate a marijuana consumption club within the City without first obtaining a license.
1. If a marijuana consumption club was lawfully operating pursuant to the "similar use determination" of the Manager of Community Development, dated May 28, 2014, on or before September 22, 2015, then the individual or entity owning or operating the marijuana consumption club shall submit a fully completed marijuana consumption club application to the City Clerk prior to five o'clock (5:00) P.M. on April 29, 2016.
2. Compliance with subsections 2.2.211A and B of this part is not required during the period within which applicants operating pursuant to the "similar use determination" of the Manager of Community Development, dated May 28, 2014, are seeking a license. Applicants shall comply with all other sections of this part.
3. Applicants not qualifying under subsection A1 of this section have no legal nonconforming rights, and will be deemed unlicensed and ineligible for application for licensing.
B. All marijuana consumption club licenses shall expire one year from the date of issuance, unless suspended or revoked earlier. In accord with section 7.3.303
of this Code, all marijuana consumption club licenses shall not be valid beyond the date of March 22, 2024.
C. No marijuana consumption club license granted or renewed shall be transferable from one person to another or from one location to another.
D. Fees shall be as established by City Council under article 1, part 5 of this chapter. (Ord. 16-34; Ord. 23-17 1 )
Notes
| 1 | 1. June 5, 2023 is the effective date of Ordinance 23-17. |
In addition to the general qualifications set forth in section 2.1.401 of this chapter, every applicant for a marijuana consumption club license shall meet the following specific qualifications:
A. If an individual, the applicant shall be twenty one (21) years of age or older.
B. If an entity, every principal and managing agent of the applicant shall be twenty one (21) years of age or older.
C. The applicant shall have possession of the licensed premises during the term of the license. (Ord. 16-34)
Applications shall be fully completed, with applicable documentation as required. Incomplete applications will be rejected. Applications requiring additional documentation will have a ten (10) calendar day period from date of notice for remedy, or the application may be deemed withdrawn. In addition to those matters required by section 2.1.403 of this chapter, every application for a marijuana consumption club license shall contain the following:
A. The residence address of each applicant, if an individual, or of each principal and managing agent of the applicant, if an entity, for the five (5) years prior to the date of the application;
B. A statement of the work history of each applicant, if an individual, or of each principal and managing agent of the applicant, if an entity, for the five (5) years prior to the date of the application;
C. An applicant interview form and one classifiable set of fingerprints for each principal and managing agent of the applicant on initial application, or each new principal and managing agent on renewal application;
D. Documentary evidence that the applicant has or will have possession of the premises to be licensed during the term of the license by ownership, lease, rental or other arrangement; and
E. A detailed diagram showing the configuration of the premises to be licensed as follows:
1. The diagram shall be no larger than eight and one-half inches by eleven inches (81/2" x 11").
2. The diagram shall include the dimensions and total square footage of the premises to be licensed but does not need to be drawn to scale.
3. The diagram shall designate the use of each room or other definitive area of the premises to be licensed.
4. The diagram shall show the type of control of the exterior areas of the premises to be licensed, including, without limitation, fences, walls, and entry/exit points.
5. If the premises to be licensed consist of multiple levels, a separate diagram shall be filed for each floor.
6. The premises to be licensed shall be outlined in bold.
F. The Deputy Licensing Officer may waive the site diagram for renewal applications if the applicant adopts a diagram that was previously submitted, certifies that the configuration of the premises has not been physically changed, altered, or modified since it was prepared and that the use of any room or area in the premises has not changed. (Ord. 16-34)
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