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

2.2.201: LEGISLATIVE DECLARATION:

   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)

2.2.202: DEFINITIONS:

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)

2.2.203: LICENSE REQUIRED; TERM; TRANSFERABILITY; FEES:

   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.

2.2.204: QUALIFICATIONS OF APPLICANTS:

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)

2.2.205: APPLICATION REQUIREMENTS:

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)

2.2.206: MARIJUANA CONSUMPTION CLUB LICENSE:

   A.   Each marijuana consumption club license shall specify the name under which the licensee is to operate, the address of the licensed premises, the expiration date, the number of the license and any other information the City Clerk's Office deems necessary.

   B.   The marijuana consumption club license shall be at all times posted in a conspicuous place at the licensed premises. (Ord. 16-34)

2.2.207: MANAGER REGISTRATION:

   A.   It shall be unlawful for any person to work as a manager of a marijuana consumption club without first registering with the City Clerk's Office.

   B.   The registration of a manager with the City Clerk's Office is in lieu of the issuance of a license to a manager.

   C.   The City Clerk's Office shall register a manager if all of the requirements for a license as set forth under this chapter are met.

   D.   The manager's registration shall be issued or denied in accord with the criteria for issuance or denial of a license as set forth in section 2.1.601 of this chapter.

   E.   The registration may be suspended or revoked for any grounds for the suspension or revocation of a license as set forth in section 2.1.802 of this chapter or section 2.2.109 of this article. (Ord. 16-34)