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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.
A. The licensed premises shall be and remain at all times in compliance with all applicable City regulations including, but not limited to, Zoning, Building, and Fire Codes, and shall be inspected by and to the satisfaction of the Fire Department and the Deputy Licensing Officer, or their designees, prior to the issuance of a license in accord with section 2.1.701 et seq., of this chapter.
B. The licensee or the licensee's managers, employees or agents shall permit representatives of the Police Department, El Paso County Health Department, Building Official of the Pikes Peak Regional Building Department, the Fire Department, Zoning Administration, Deputy Licensing Officer or other City departments or agencies to inspect the premises of a marijuana consumption club for the purpose of ensuring compliance with the law as provided in this part.
C. City departments and agencies shall conduct inspections in accord with section 2.1.701 et seq., of this chapter.
D. It shall be unlawful for the licensee or any manager, employee or agent of the licensee to refuse to permit lawful inspection of the premises as provided in this section. In addition, the City shall have the right to inspect the premises during the period between passage of this part and the issuance of licenses required by this part pursuant to subsection 2.2.203A of this part. (Ord. 16-34)
A. After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises that materially or substantially alters the licensed premises or the usage of the licensed premises from the diagram submitted at the time of obtaining the original license without application to, and the approval of, the Deputy Licensing Officer. The licensee whose premises are to be materially or substantially changed shall submit an application on forms provided by the City Clerk's Office.
B. For purposes of this part, physical changes, alterations or modifications of the licensed premises, or in the usage of the licensed premises requiring prior approval, shall include, but not be limited to, the following:
1. Any increase or decrease in the total physical size or capacity of the licensed premises.
2. The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of ingress and/or egress, when such common entryway, doorway or passage alters or changes the consumption of marijuana, medical marijuana and/or marijuana product within the licensed premises.
3. Any material change in the interior of the premises that would affect the basic character of the premises or the physical structure that existed in the diagram submitted at the time of obtaining the original license. However, the following types of modifications will not require prior approval, even if a local building permit is required: painting and redecorating of the premises; the installation or replacement of electric fixtures or equipment, plumbing, refrigeration, air conditioning or heating fixtures and equipment; the lowering of ceilings; the installation and replacement of floor coverings; the replacement of furniture and equipment; and any nonstructural remodeling of the premises where the remodel does not expand the existing area designed for the consumption of marijuana, medical marijuana or marijuana product.
4. The destruction or demolition, and subsequent reconstruction, of a building that contained licensed premises shall require the filing of a new diagram with the City Clerk's Office
C. In making a decision with respect to any proposed changes, alterations or modifications subject to approval under this part, the Deputy Licensing Officer shall consider whether the premises, as changed, altered or modified, will meet all of the pertinent requirements of this part and the General Licensing Code. Factors to be taken into account by the Deputy Licensing Officer shall include, but not be limited to, the following:
1. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement.
2. Compliance with all applicable City regulations including, but not limited to, Zoning, Building and Fire Codes. No modification shall be approved unless it conforms with section 7.5.1201 et seq., of this Code.
D. The denial of a change, alteration or modification of the licensed premises shall be subject to the provisions of section 2.1.601 et seq., of this chapter. (Ord. 16-34)
A. In addition to the grounds set forth in article 1 of this chapter, a marijuana consumption club license may be denied, suspended or revoked if the applicant or a principal of the applicant:
1. Has been convicted of a felony in this State or any other state, or of a crime in any other state which, if committed in this State, would be a felony;
2. Has been convicted of three (3) or more criminal misdemeanor violations within a five (5) year period;
3. Has made a wilful misrepresentation in applying for and obtaining a license;
4. Has been previously denied a license under this chapter or has had a license issued under this chapter suspended or revoked;
5. Was a principal of a marijuana consumption club whose license was revoked, unless the Deputy Licensing Officer determines that the principal was not responsible for the misconduct underlying the revocation;
6. Has been convicted of operating without a license under this chapter or performing any act for which a license is required under this part;
7. Has violated any of the provisions of this part or the General Licensing Code;
8. Knowingly permitted any unlawful act under State law or this Code upon the licensed premises;
9. Failed to maintain possession of the licensed premises; or
10. Made or caused to be made any change, alteration or modification of the licensed premises without prior approval of the Deputy Licensing Officer.
B. The suspension or revocation of a marijuana consumption club license shall be subject to the provisions of section 2.1.801 et seq., of this chapter. (Ord. 16-34)
A. No person shall operate a marijuana consumption club unless licensed.
B. No marijuana consumption club licensee shall operate a marijuana consumption club other than upon the licensed premises.
C. No person shall make any wilful misrepresentation in applying for or obtaining a license under this part.
D. No marijuana consumption club licensee shall fail to surrender to the City Clerk's Office the license when required.
E. No marijuana consumption club licensee shall permit any person less than twenty one (21) years of age to enter or remain upon the licensed premises.
F. No marijuana consumption club licensee shall operate a marijuana consumption club on any day of the week between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M.
G. No marijuana consumption club licensee shall sell, transfer with or without remuneration, give, distribute, permit the sale of or permit the transfer with remuneration of marijuana, medical marijuana or marijuana product upon the licensed premises. As used in this subsection, "remuneration" includes, but is not limited to, any payment, compensation, reimbursement, coupon, donation, barter, trade or other monetary or nonmonetary benefit, or consideration of any kind.
H. No marijuana consumption club licensee shall cultivate, manufacture, store or permit the cultivation, manufacture or storage of marijuana, medical marijuana or marijuana product upon the licensed premises.
I. No marijuana consumption club licensee shall cultivate or manufacture marijuana, medical marijuana or marijuana product off the licensed premises for consumption by any person other than the licensee upon the licensed premises.
J. No marijuana consumption club licensee shall possess, consume, sell, serve, transfer with or without remuneration, distribute or permit the possession, consumption, sale, service, transfer with or without remuneration or distribution of any "alcohol beverage" as that term is defined in section 2.5.101 of this chapter upon the licensed premises. As used in this subsection, "remuneration" includes, but is not limited to, any payment, compensation, reimbursement, coupon, donation, barter, trade or other monetary or nonmonetary benefit.
K. No licensee shall permit on the premises any violations of Colorado Revised Statutes section 25-14-201 et seq., the "Colorado Clean Indoor Act".
L. No marijuana consumption club licensee shall operate or permit any person upon the licensed premises without a ventilation and filtration system that ensures odors 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.
M. No licensee shall operate a marijuana consumption club in a movable or mobile structure. (Ord. 16-34)