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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/16/2010 - ITEMS RELATING TO MEDICAL MARIJUANA DATE: March 16, 2010 SUMMARY STAFF: Teresa Ablao, Peter Barnes, Steve AGENDA ITEM Dush, Steve Roy, Linda Samuelson, FORT COLLINS • • Ginny Sawyer, Jer Schia er Items Relating to Medical Marijuana. A. Second Reading of Ordinance No.025,2010,Adding an Article to Chapter 15 of the City Code Governing the Licensing, Location and Operation of Medical Marijuana Businesses. B. Second Reading of Ordinance No. 026, 2010, Making Amendments to the City Land Use Code Relating to Medical Marijuana. EXECUTIVE SUMMARY Ordinance No. 025, 2010, adopted on First Reading on March 2, 2010, by a vote of 6-1 (nays: Roy), establishes a licensing process for all medical marijuana businesses as well as location requirements for medical marijuana dispensaries (MMDs) and their associated cultivation sites, and requirements governing the operation of these facilities. The regulations also address the cultivation of marijuana by patients and primary caregivers who serve no more than one patient and who do not need to obtain a City medical marijuana license. Ordinance No. 026, 2010, adopted on First Reading on March 2, 2010, by a vote of 6-1 (nays: Roy), provides zoning regulations for medical marijuana businesses. BACKGROUND / DISCUSSION The overall purpose of the regulations that would be imposed by the ordinances is to protect the rights of patients and primary caregivers as afforded by Amendment 20 and to also protect the public health, safety, and welfare of the community. The uniqueness and newness of this industry set it apart from other licensed business models and these regulations focus on serving the community as a whole, and not on protecting particular business models. A moratorium on the issuance of new licenses to medical marijuana businesses went into effect on December 11, 2009 and is scheduled to expire on March 31, 2010. If approved on Second Reading as scheduled, the proposed regulations would take effect prior to the expiration of the moratorium. However, the location requirements imposed by the two ordinances would not apply to existing MMDs pending a decision by the Council as to whether to "grandfather'those existing businesses. On Second Reading, staff is providing, at Council's request, additional information about optional spacing requirements. Those options, and the anticipated effect they would have on existing MMDs, are shown on the attached maps. In addition, staff has made several changes to Ordinance No. 025, 2010, as a result of public input and further staff analysis. The most significant changes are as follows: • The wording of the second-to-last"whereas"clause has been modified, and language has been added to Section 15-450, to clarify that the Ordinance is not intended to track the language of Amendment 20 or"implement" that constitutional provision, since that is the responsibility and prerogative of the state legislature. Instead, the proposed regulations are intended to locally regulate the possession and use of medical marijuana in a manner that acknowledges and protects the rights of patients and primary caregivers,while also protecting the health,safety,and welfare of the public and curtailing, to the extent reasonably possible, the possession, use, distribution or transportation of marijuana for unlawful purposes. Compliance with the proposed regulations does not necessarily ensure compliance with Amendment 20. However, it is not the City's intent in adopting these regulations to authorize or make legal any act that is not permitted under federal or state law. Persons handling medical marijuana must be cognizant of their rights and responsibilities under all applicable law and make their decisions accordingly. March 16, 2010 -2- ITEM 25 • A definition of "dwelling unit' has been added because, in Section 15-452, the twelve plant cultivation limit has been revised so that it applies per dwelling unit rather than per parcel of property. • The definition of"financial interest' has been re-arranged and expanded to include all creditor interests whether or not they are evidenced by a promissory note or other written document. • Section 15-453 has been revised in two respects: to specify the forms of identification that are acceptable; and to limit the financial interest holders that must be disclosed to those that hold a ten percent or more interest in the business or in the entity that is applying for a license. • A new subsection has been added to Section 15-456 stating that the City will issue a license for each medical marijuana facility that will be operated by the licensee. • A new subsection has been added to Section 15-458 requiring any person delivering medical marijuana to have in his or her possession a copy of the business license under which he/she is operating and to display the license upon request of a law enforcement officer. • Section 15-469(3)and (4) have been revised to clarify that no more than two ounces of medical marijuana can be bought or sold within any seven day period of time. • Section 15-476 has been revised to state that a licensee is entitled to notice and a hearing before the City Manager decides not to renew or to suspend or to revoke a license. • The implementation provisions of the Ordinance have been revised in two significant respects: o The language in Sections 3 and 4 has been revised to clarify that "existing businesses" means those businesses that obtained a sales and use tax license prior to the effective date of the moratorium ordinance and that actually commenced operations prior to the effective date of Ordinance No. 025, 2010. o Section 4 has been revised to allow existing businesses until May 31, 2010, to submit an application for a license. • Anew Section 10 has been added which terminates the moratorium as of the effective date of the Ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. Maps of available land with zoning and spacing restrictions- 1000 ft. for everything 1A. Map of available land with zoning and spacing restrictions city wide- 1000 ft. for everything. 1 B. Map of available land with zoning and spacing restrictions north of Mulberry- 1000 ft. for everything. 1 C. Map of available land with zoning and spacing restrictions between Mulberry & Horsetooth - 1000 ft for everything. 1 D. Map of available land with zoning and spacing restrictions south of Horsetooth - 1000 ft. for everything. March 16, 2010 -3- ITEM 25 2. Maps of available land with zoning and spacing restrictions-500 ft for everything 2A. Map of available land with zoning and spacing restrictions city wide-500 ft. for everything. 2B. Map of available land with zoning and spacing restrictions north of Mulberry- 500 ft. for everything. 2C. Map of available land with zoning and spacing restriction between Mulberry & Horsetooth - 500 ft for everything. 2D. Map of available land with zoning and spacing restrictions south of Horsetooth -500 ft. for everything. 3. Maps of available land with zoning and mixed spacing restrictions- 1000 ft. for recreation facility 3A. Map of available land with zoning and mixed spacing restrictions city wide- 1000 ft. for recreation facility. 3B. Map of available land with zoning and mixed spacing restrictions north of Mulberry- 1000 ft. for recreation facility. 3C. Map of available land with zoning and mixed spacing restrctions between Mulberry & Horsetooth - 1000 ft. for recreation facility. 3D. Map of available land with zoning and mixed spacing restrictions south of Horsetooth - 1000 ft. for recreation facility. 4. Maps of available land with zoning and mixed spacing restrictions- 500 ft. for recreation facility 4A. Map of available land with zoning and mixed spacing restrictions city wide- 500 ft. for recreation facility. 4B. Map of available land with zoning and mixed spacing restrictions north of Mulberry-500 ft. for recreation facility. 4C. Map of available land with zoning and mixed spacing restrictions between Mulberry& Horsetooth - 500 ft. for recreation facility. 4D. Map of available land with zoning and mixed spacing restrictions south of Horsetooth -500 ft. for recreation facility. 5. Copy of First Reading Agenda Item Summary- March 2, 2010 (w/o attachments) 6. Powerpoint presentation ATTACHMENT 1 A-D Maps of Available Land with Zoning and Spacing Restrictions 1000 ft. for Everything Medical Marijuana ATTACHMENT1A Available Land with Zoning and Spacing Restrictions _ City Wide - 1000 ft Spacing for Everything p Douglas:Rd f\ * MMDs in Residential 287 -- Areas Not Shown 14 14 LMountainVis a;D' Vine:Dr V ram. I I 000 ---- -- -- r' - ----- —Mulberry-St ---,\ P-rospect.Rd - \_ I = Drake:Rd x s v \ wHorsetooth=Rd -� \ I I I L ------ Harmony=Rd r_. I 1I j h -_n • I � � � I I' I i - - l - ,J U MMD - Operational - 1 Meet Listed Requirements City Wide MMD - Operational - 35 Do Not Meet Listed Requirements City Wide x MMD = Not Operational - 0 of 6 Meet Listed Requirements City Wide 0 Land Available for Cultivation Facilities - 1529 Acres City wide Land Available for MMDs - 383 Acres City wide Within Zones : Commercial District 1000 Feet From : n Community Commercial - North College District Schools w e Community Commercial - Poudre River District Child Care s Community Commercial District Places of Worship City of Downtown District Recreation Areas Fort Collins River Downtown Redevelopment District Rehabilitation Facilities " GIS Service Commercial District Residential Zoning Printed: March 09, 2010 These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation orwarranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The CRY disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Medical Marijuana ATTACHMENT IB Available Land with Zoning and Spacing Restrictions North of Mulberry - 1000 ft Spacing for Everything � \\ I I Douglas=Rd ------------ 287 14 No \ Ph ,\ l ------------ ®i 1 14 i�'• - h�T—J 'I I I _ l l \ _ MountaimVista•Dr --- I m �' I i „ E ' \ -- -- 'Adv 1 14 11 do —. -----_— bu. � I C'I MulbertymoSt MMD = Operational - 0 Meet Listed Requirements Within Zones : 1000 Feet From : North of Mulberry Commercial District Schools MMD - Operational - 14 Do Not Meet Listed Requirements Community Commercial - North College District Child Care North of Mulberry Community Commercial - Poudre River District Places of Worship x MMD - Not Operational - 0 of 1 Meet Listed Requirements Community Commercial District Recreation Areas North of Mulberry Downtown District Rehabilitation Facilities 0 Land Available for Cultivation Facilities - 1200 Acres River Downtown Redevelopment District Residential Zoning North of Mulberry Service Commercial District Land Available for MMDs - 161 Acres .+• North of Mulberry City of These nepprcduc6 and At uMenvmgaalaareeerebµtlMues FROM OlymFurtC011lnamr161nRmal gnpagonN.aMwre nmRalgme orinterMMNrgeneral use EynamMs mtlre pool[.RaQLYnakes m represenla&n oryear or r_'! Collins veto lh aacurzcR Wrenn¢q orvomgetenm,and In paNculap lh avcurzcy In labeling adldplaylrg dimensions contours gopeMLnundae¢, a placement N lending of and nap features thereon THE CITYOF FORT COLLINS MANES NO /^r`(`)'1 ` C ` WARR WTYOF MERCHANFABIUTYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EG RESSEO OR IMPLIED,WITH RESPECT TO THESE M E PRODUCTS OR THE UNDERLYING DATA Any users ofthese map GIe products, mspsplantataa, neat$acceptssameASIS, WITH ALL FAULTS,add assurnes all amount W the use betel and Differ and ouress To hold Me Clty harmless hem and against all darrage, loss,or liability arising from any use of Nis map product m consideration of Me CRys Leann made this Infomatlon available Independent corrosion of all ea rconlamed happen should deoMamed by any usersonhese go]ucte, or underlying data.ma CN elenalms.and shall not be held Took for any and all eatrege,less,or uabTTy, whemerdhren, indirect orcomeguentlal Miah added or mWaresehom0essiderrepproducts I use thereof y any ourvmaenM1N_ Printed March 07, 2010 Medical Marijuana ATTACHMENT 1C Available Land with Zoning and Spacing Restrictions Between Mulberry and Horsetooth - 1000 ft Spacing for Everything _— �Witerry_To I S1 � i Hill or k i I I - I r Pr_ Prospect-Rd i m m > HillF Drake=Rd U � r �-- % I \ 1 • I 1 r\ your \\ D % \\ Horsetooth-Rd — MMD - Operational - 0 Meet Listed Requirements Within Zones : 1000 Feet From : Between Mulberry and Horsetooth Commercial District Schools MMD - Operational - 17 Do Not Meet Listed Requirements Community Commercial - North College District Child Care Between Mulberry and Horsetooth Community Commercial - Poudre River District Places of Worship - 0 of 4 Meet Listed Requirements Community Commercial District Recreation Areas MMD - Not Operational q Downtown District Rehabilitation Facilities Between Mulberry and Horsetooth River Downtown Redevelopment District Residential Zoning 0 Land Available for Cultivation Facilities - 329 Acres Service Commercial District Between Mulberry and Horsetooth Land Available for MMDs - 130 Acres .+, Between Mulberry and Horsetooth City of These nepprcducTs and AIuMenvmgaalaareeeremµtl Mum trytle OlymFurt Colllnsmrds mRmal gnpagunN.arMwere Landscaped l orindeMMforgenerat use Wmenoas mtlre public Tleanna mmp nl orwa amr Fort _ty Collins veto lh avcurzcR rrmlm¢q urvumgetenm,and In paNculap lh avcurzcv In labeling aelsplan al dimensions central pupeM Lreundae¢, a placementoloomon pram matheaWia Nerain THE CITYOF FORT COLLINS MANES NO r( )'1 ` C ` WARR NTYOF MERCHANTMIUL TYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNOERLVINO DATA Any users repave map GI$ products, map appllrsdars, Seat$accepts same AS IS, WITH ALL FAULTS,add assurms all rdparsmlllty rather chartered,and NMercoeenants and mrmsto hold Ne Clty rehearsal and malrst all dapege, loss,or Iladlldy arising Rom any use code map product in consideration ofte ltVe heard madettde Inmmmtlpn available Indepandent verlrhsWn or all ealaconralned herein should appeared by any usersonhae products, or underlying data.The ON elenalrrs and enau mL oe held uaom mrany and all aatrege,lose,or uaoady, whether mran, mmran,prcomagnentlal wren aneee a mayarT.afiomgeaerrepprp]pc6 orra nee mareomy any parmnaetmN- Ptlnted. March 07, 2010 Medical Marijuana ATTACHMENT 1D Available Land with Zoning and Spacing Restrictions South of Horsetooth - 1000 ft Spacing for Everything Horsetooth=Rd — V L I I�_-1___--___- HarmonybiRld \® I Jan m`\\ fj V I 1 I I I 1 j • I-- � i I _j TrilbyRd ------ —� --- o I MMD - Operational - 1 Meet Listed Requirements Within Zones : 1000 Feet From : South of Horsetooth Commercial District Schools MMD - Operational . 4 Do Not Meet Listed Requirements Community Commercial - North College District Child Care South of Horsetooth Community Commercial - Poudre River District Places of Worship - 0 of 1 Meet Listed Requirements Community Commercial District Recreation Areas MMD - Not Operational q Downtown District Rehabilitation Facilities South of Horsetooth River Downtown Redevelopment District Residential Zoning 0 Land Available for Cultivation Facilities - o Acres Service Commercial District South of Horsetooth Land Available for MMDs - 92 Acres w+, South of Horsetooth City of These mapprcauAs and AT undenvmg deny am developed V have W ft M Up Fort Coping for do marmal gaping day,add wre not designed or lnlerMud for spread use by,members mtlre public The sly maybe anreq¢enU4m or waa'anN r_ty Collins veto lh accuracy,Trodden,orcomhYeRnm,and In paNcular IN accuracy In labeling emotional dimensions contours gopeM commang, aplacrneMNl¢Alon proud nepfeAwg Nerain THE CITYOF FORT COLLINS MAKES NO /^r`(`)'1 ` C ` WARR NTYOF MERCHANTASI Y YOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNDERLYING DATA Any users remove map GIS products, nap appllcsdars, adat$accepts same AS IS, WITH ALL FAULTS,add scandal all readvalllly W Ne metMreod and NMercorenants and grgsto hold to Clty genera hom and galrsl all dalrege, loss,or Ilablllty arising Rom any use code map product mconsideration NNe OLLVs grand made Pis Informed available Independent corrosion of all dalacogralned heiem should bevera a by any usersonhge Spacing or underlying data.The ON dlenalna and anau not be gala able mrany and all happened less,or uabaiy, whether mran, mmran,orcoiaeguenOyL when poppy amayar�fiomlleserreppro]uc6 rrma yea mereomy any permnaenlPy- Ptlnted. March 07, 2010 ATTACHMENT 2 A-D Maps of Available Land with Zoning and Spacing Restrictions 500 ft. for Everything Medical Marijuana ATTACHMENT2A Available Land with Zoning and Spacing Restrictions City Wide - 500 ft Spacing for Everything p Douglas:Rd r\ * MMDs in Residential 287 -- Areas Not Shown 14 14 i_ LountainVista;Dr 7. , — , Vme:Dr 'I�- L r- — r' - ----- —Mulberry-St --,\ P-rospect.Ru — i / = Drake=Rd J \ ~ J E 1 F \ O \ N \ \ rtn'Horsetooth=Rd -� \ I I L ------ HarnnonyRd r_. I 1I j Ir -_n • I � � � I I' I Trilby=Rd=4 — ,J \ __—_—__—__— m 1 \ U MMD - Operational - 7 Meet Listed Requirements City Wide MMD - Operational - 29 Do Not Meet Listed Requirements City Wide x MMD = Not Operational - 1 of 6 Meet Listed Requirements City Wide 0 Land Available for Cultivation Facilities - 1529 Acres City wide Land Available for MMDs - 973 Acres City wide Within Zones : Commercial District 500 Feet From : n Community Commercial - North College District Schools w e Community Commercial - Poudre River District Child Care s Community Commercial District Places of Worship City of Downtown District Recreation Areas Fort Collins River Downtown Redevelopment District Rehabilitation Facilities " GIS Service Commercial District Residential Zoning Printed: March 09, 2010 These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation orwarranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The CRY disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which apses or may arise from these map products or the use thereof by any person or entity. Medical Marijuana ATTACHMENT213 Available Land with Zoning and Spacing Restrictions North of Mulberry - 500 ft Spacing for Everything � \ I I Douglas=Rd 287 ,\ --__—_—__- 14 Ph \ No l ------------ ®i 1 14 t— l \ _ / Mountain=VlUt5Ld r --- ,- _ir i f-- i 1 do Do ago Ub t_ •� do do no i ❑❑ • --I - � I Mulberry_St MMD = Operational - 3 Meet Listed Requirements Within Zones : 500 Feet From : North of Mulberry Commercial District Schools MMD - Operational - 11 Do Not Meet Listed Requirements Community Commercial - North College District Child Care North of Mulberry Community Commercial - Poudre River District Places of Worship x MMD - Not Operational - 1 of 1 Meet Listed Requirements Community Commercial District Recreation Areas North of Mulberry Downtown District Rehabilitation Facilities 0 Land Available for Cultivation Facilities - 1200 Acres River Downtown Redevelopment District Residential Zoning North of Mulberry Service Commercial District Land Available for MMDs - 419 Acres +U North of Mulberry City of These nepprcduc6 and At uMenvmgaalaareeerebµtlMues FROM OlymFurtC011lnamr161nRmal gnpagunN,aMwre nmRalgme orinterMMNrgeneral use EynamMs mtlre pool[.TleannaMea m represenla&n s year or r_'! Collins veto lh accuracy,Financial urvumgetenm,and In paNculap lh accuracy In labeling apparelrg dimensions contours gopeMLoundae¢, a placement N lending of and nap features thereon THE CITYOF FORT COLLINS MANES NO /^r`(`)'1 ` C ` WARR WTYOF MERCHANFASIUTYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EG RESSEO OR IMPLIED,WITH RESPECT TO THESE M E PRODUCTS OR THE UNDERLYING DATA Any users Rthese map GIe products, msp appllcsdars, neat$accepts sameAS IS, WITH ALL FAULTS,add assurnes all Repor¢INIII�W the use betel and Differ and ouressTo hold Me Clty harmless hem and against all darrage, loss,or liability arising from any use of Nis map product m consideration of Me CRys redng made this information available Independent corrosion of all ea rconlamed happen should deoMamed by any usersonhese products, or underlying data.ma CN elenalms.and shall not be held Took for any and all eatrege,less,or uabTTy, whemerdhren, indirect orconseguentlal mdlch added or mWa�hom0 mpprWuc6 ortla Tee thereof y any ouomae" Printed March 07, 2010 Medical Marijuana ATTACHMENT2C Available Land with Zoning and Spacing Restrictions Between Mulberry and Horsetooth - 500 ft Spacing for Everything r_ --- � �Mulberry_St I i x To � � i _ ToHIP lap or r k I _ I I I \ l I Prospect:Rd _l I I m m > ■II =_ ¢ c1 FDrake=Rd UHill • J Fr V - 1 I L-- % or\ 1 I 1 your x `\ i m • Horsetc oth•Rd — MMD - Operational - 2 Meet Listed Requirements Within Zones : 500 Feet From : Between Mulberry and Horsetooth Commercial District Schools MMD - Operational - 15 Do Not Meet Listed Requirements Community Commercial - North College District Child Care Between Mulberry and Horsetooth Community Commercial - Poudre River District Places of Worship - 0 of 4 Meet Listed Requirements Community Commercial District Recreation Areas MMD - Not Operational q Downtown District Rehabilitation Facilities Between Mulberry and Horsetooth River Downtown Redevelopment District Residential Zoning 0 Land Available for Cultivation Facilities - 329 Acres Service Commercial District Between Mulberry and Horsetooth Land Available for MMDs - 265 Acres +E Between Mulberry and Horsetooth City of These nepprcducTs and AIuMenvmgaalaareeeremµtl Mum trytle OlymFurt Colllnsmrds mRmal gnpagunN.arMwere Landscaped l orindeMMforgenerat use Wmenoas mtlre public T CiQ rmk mmp nl orwa amr r_ty Collins veto lh avcurzcR rrmlm¢q urvumgetenm,and In paNculap lh avcurzcv In labeling aelsplan al dimensions central pupeM Lreundae¢, a placementoloomon pram matheaWia Nerain THE CITYOF FORT COLLINS MANES NO /^r`(`)'1 ` C ` WARR NTYOF MERCHANTMIUL TYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNDERLYING DATA Any users repave map GIS products, map appllrsdars, Seat$accepts same AS IS, WITH ALL FAULTS,add assurms all rdparsmlllty rather chartered,and NMercoeenants and mrmsto hold Ne Clty rehearsal and malrst all dapege, loss,or Iladlldy arising Rom any use code map product mconsideration NNe OItVe heard madettde Inm uilpn available Indepandent verlrhsWn or all ealaconralned herein should appeared by any usersonhae products, or underlying data.The ON elenalrrs and enau mL oe held uaom mrany and all aatrege,lose,or uaoady, whether mran, mmran,prcomagnentlal wren aneee a mayarT.afiomgeaerrepprp]pc6 orra nee mareomy any parmnaetmN- Ptlnted. March 07, 2010 Medical Marijuana ATTACHMENT2D Available Land with Zoning and Spacing Restrictions South of Horsetooth - 500 ft Spacing for Everything Horsetooth-Rd — V .I • L, I' I�__1___-____- Harmony.Rd \® m`\\ I I I 1 I I r-- 5 it Poo -- - • i I _jEiirilby.Rd ------ —� I --- O I - MMD = Operational - 2 Meet Listed Requirements Within Zones : 500 Feet From : South of Horsetooth Commercial District Schools MMD - Operational - 3 Do Not Meet Listed Requirements Community Commercial - North College District Child Care South of Horsetooth Community Commercial - Poudre River District Places of Worship x MMD - Not Operational - 0 of 1 Meet Listed Requirements Community Commercial District Recreation Areas South of Horsetooth Downtown District Rehabilitation Facilities 0 Land Available for Cultivation Facilities - 0 Acres River Downtown Redevelopment District Residential Zoning South of Horsetooth Service Commercial District Land Available for MMDs - 289 Acres w+, South of Horsetooth City of L ese map prcoucts and AI undenvmg deny am derebµd M use by tle M Up Fort Palms for do marmal gaping day,aM wre nm Rslgm]ollNerlded br general use Ey meRLes mtlre public The sly manes anreq¢enU4m or warrant r_tyCoU�ns to lh accuracy,llrrelnge orcompletenm,and in trr�culaS lh accuracy in labeling ordlsplryrg dimension, [onlwrs, gopeM command, a placemeMNl¢Alon broadmepfeAwg Nerain THE CIYOF FORT COLLINS MAKES NO /^r`(`)'1 ` C `ARR NTYOF MERCHANTASIUTYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, E%PRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNDERLYING DATA Any Leers ofthese map GIemduch, nap appllcsders, adat$accepts same AS IS, WITH ALL FAULTS,add assurnes all resporshlle ohNe mandrel and NMercoeenanh and grgsm hold to CIt hartleuhom and galrsl all dapege, loss,or Ilabldy arising Rom ny use code map product m consderzoon NNa OLLVs grand madePis mastodon available lodependem corrosion of all daacograined heiem should Level by any usersonhge qo]¢h, or underylg data.The Ct varying and all not be held cable mrany and all hapened less,or cal whemer direct indirect orconsguenthL whah poppy or mayarhefiomdeserrepproducts orthe ge tMdyO by any parvmcres" Printed March 07, 2010 ATTACHMENT 3 A-D Maps of Available Land with Zoning and Mixed Spacing Restrictions 1000 ft for Recreation Facility Medical Marijuana ATTACHMENT3A Available Land with Zoning and Spacing Restrictions Mixed Spacing City Wide - Recreation Facility Spacing 1000 ft � Douglas:Rd r\ * MMDs in Residential 287 -- Areas Not Shown 14 14 i_ LMountainaVis't I a;Dr r —I Vine: L — r' — - - --- - —Mulberry=SI - f II II ---,\ P-rospect.Rd - \_ I = Dfake:Rd CQ a v \ wHorsetooth=Rd -� \ I I L �_—__—_ HarnnonyRd I 1I j Trilby=Rd=g --J ,J \ __—_—__—__— m 1 U t MMD - Operational - 3 Meet Listed Requirements City Wide MMD - Operational - 33 Do Not Meet Listed Requirements City Wide x MMD - Not Operational - 0 of 6 Meet Listed Requirements City Wide Land Available for Cultivation Facilities - 1529 Acres City wide Land Available for MMDs - 745 Acres City wide Within Zones : 500 Feet From : Commercial District Rehabilitation Facilities e t\ W TI V Community Commercial - North College District Residential Zoning mE Community Commercial - Poudre River District 1000 Feet From : s Community Commercial District Schools City of Downtown District Child Care Fort Collins River Downtown Redevelopment District Places of Worship Service Commercial District Recreation Facilities Printed: March 09, 2010 These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation orwarranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The CRY disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which apses or may arise from these map products or the use thereof by any person or entity. Medical Marijuana ATTACHMENT 3B Available Land with Zoning and Spacing Restrictions Mixed Spacing North of Mulberry - Recreation Facility Spacing 1000 ft ,i I —DouglassRd ------------ 287 14 Ph \ ------------ 1 ®i 1 14 i-\, Mountain-Vista=Dr � �_-- ,- - r__—____—__%; _I i „ E ' \ -- -- v 1 �- 1 lk At do �� ---------- _— — --—. Mulberry_ MMD - Operational - 0 Meet Listed Requirements Within Zones : 500 Feet From : North of Mulberry Commercial District Rehabilitation Facilities MMD - Operational - 14 Do Not Meet Listed Requirements Community Commercial - North College District Residential Zoning North of Mulberry Community Commercial - Poudre River District x MMD - Not Operational - 0 of 1 Meet Listed Requirements Community Commercial District 1000 Feet From : p North of Mulberry Downtown District Schools - 1200 Acres 0 Land Available for Cultivation Facilities River Downtown Redevelopment District Child CareService Commercial District Places of Worship North of Mulberry Recreation Facilities Land Available for MMDs - 307 Acres +U North of Mulberry City of (any ese nepprcduc6 and At uMenvmgaalaareeeremµtlhwued FROM OlymFurtCollmamrl6 mRmal gnpagonN.vaults nmRalgme orinbuMMNmgeneral use W menrems mtlre pool[.TleannaMea m represenla&n oryear amr r_'! Collins to lh accuracy,Trumpet proportional and In paNculap lh accuracy In labeling adlepleylmg dimensions, vontwrs, gopeMLnuneae¢, a placement N l¢allog of and nap features thereon THE CITYOF FORT COLLINS MANES NO Fort ` ARR WTYOF MERCHANFABI Y YOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE M E PRODUCTS OR THE UNDERLYING DATA Any users ofthese map GI$ roducts, msp appllcsdars, neat$accepts sameAS IS, WITH ALL FAULTS,add summers all rdparsmlllly W the use berech and Differ and gees to hold Me Clty damaged hem and agalesl all grant, loss,or liability arising from use of Ns map product m consderation NNe eltVs having made this U c malon availamg Independent vendcsWn of all remembrance herein should Level dy any usersonhese products, or underymg data.TheCNeenande and au mL be held uadm for any and all aatregg lose,or uaday, wnemer a,ran, ma,ran,orcobaegnentlal wnan aneeeamayam�hom Nesemreppro]uc6 ortna nea thereof any The me" Printed. March 07, 2010 Medical Marijuana ATTACHMENT3C Available Land with Zoning and Spacing Restrictions Mixed Spacing Between Mulberry and Horsetooth - Recreation Facility Spacing 1000 ft Mulberry St — -- L I p \ I \ i i J ou!::TF I _ I ------------- I Prospect-Rd —L I i m DID ¢' a 0 > FDrake=Rd UHill I L-- % or\ 1 your 1\ 3 % d \ \ • Horsetc oth•Rd — MMD = Operational - 1 Meet Listed Requirements Within Zones : 500 Feet From : Between Mulberry and Horsetooth Commercial District Rehabilitation Facilities MMD = Operational - 16 Do Not Meet Listed Requirements Community Commercial - North College District Residential Zoning Between Mulberry and Horsetooth Community Commercial - Poudre River District � MMD - Not Operational q - 0 of 4 Meet Listed Requirements Community Commercial District 1000 Feet From : Between Mulberry and Horsetooth Downtown District Schools River Downtown Redevelopment District Child Care 0 Land Available for Cultivation Facilities - 329 Acres Service Commercial District Places of Worship Between Mulberry and Horsetooth Recreation Facilities Land Available for MMDs - 194 Acres +E Between Mulberry and Horsetooth City of These nepprcducTs and AIuMenvmgaalaareeeremµtl Mum trytle OlymFurt Colllnsmrds mRmal gnpagunN.arMwere Landscaped l orindeMMforgenerat use EymenMs mtlre public Tleanna mmp nl urwa amr r_ty Collins veto lh avcurzcR rrmlm¢q urvumgetenm,and In paNculap lh avcurzcv In labeling aelsplan al dimensions central pupeM Lreundae¢, a placementoloomon pram matheaWiateerain THE CITYOF FORT COLLINS MANES NO /^r`(`)'1 ` C ` WARR NTYOF MERCHANTMIUL TYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNDERLYING DATA Any users repave map GIS products, map appllrsdars, Seat$accepts same AS IS, WITH ALL FAULTS,add assurms all rdparsmlllty rather chartered,and NMercoeenants and mrmsto hold Ne Clty rehearsal and malrst all dapege, loss,or Iladlldy arising Rom any use code map product mconsideration NNe OItVe heard madettde Inm uilpn available Indepandent verlhhsWn or all ealaconralned herein should appeared by any usersonhae products, or underlying data.The ON elenalrrs and enau mL oe held uaom mrany and all aatrege,less,or uaoady, whether mran, mmran,prcomagnentlal wren aneee a mayarT.afiomgeaerrepprp]pc6 prra nee mareomy any parmnaetmN- Ptlnted. March 07, 2010 Medical Marijuana ATTACHMENT3D Available Land with Zoning and Spacing Restrictions Mixed Spacing South of Horsetooth - Recreation Facility Spacing 1000 ft Horsetooth=Rd — V .I, • L I' ----------- Harmonybo d \® I I I I 1 5 - • i I _j TrilbyRd ------ —� I I � o I MMD - Operational - 2 Meet Listed Requirements Within Zones : 500 Feet From : South of Horsetooth Commercial District Rehabilitation Facilities MMD - Operational - 3 Do Not Meet Listed Requirements Community Commercial - North College District Residential Zoning South of Horsetooth Community Commercial - Poudre River District - 0 of 1 Meet Listed Requirements Community Commercial District 1000 Feet From : MMD - Not Operational q Downtown District Schools South of Horsetooth River Downtown Redevelopment District Child Care 0 Land Available for Cultivation Facilities - 0 Acres Service Commercial District Places of Worship South of Horsetooth Recreation Facilities Land Available for MMDs - 244Acres +E South of Horsetooth � o, UpThew map prcauAp and AT undenvmg deny am developed M have ft M Up Fort urging for do marmal gnpmg day,and weeth designed or lnhaM for spread use by,members tlre public The sly maybe anreq¢enU4m or waa'anN r_ty'1ty Collins veto accuracy,Trodden,orcomhYeRm n ,and In paNcider IN accuracy In labeling emotional n lal dimensions g contours opeM d, m comman a placeent Nl¢A ep lon proud THE CITYOF FORT COLLINS MAKES NO /^r`(`) ` C ` WARR NTYOF MERCHANTASI Y YOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNDERLYING DATA Any users remove map GI$ products, nap appllcsdars, adat$accepts same AS IS, WITH ALL FAULTS,add scandal all rdparslNllty W Ne metMreod and NMercoeenants and grgsto hold to Clty genera tom and galrst all dalrege, loss,or Inability arising Rom any use code map product in consideration NNe OLLVs grand made Pis Inhoirmed available Independent corrosion of all dalacogralned haem should bevera a by any usersonnge Spacing or underlying data.The ON dlenalna and shall not be vela cable mrany and all hapagr less,or cal whether direct indirect orconaguentlyL wnan poppy or mayartgfiom0everreppro]ucts I ge mereomy any grvmcres" Printed March 07, 2010 ATTACHMENT 4 A-D Maps of Available Land with Zoning and Mixed Spacing Restrictions 500 ft for Recreation Facility Medical Marijuana ATTACHMENT4A Available Land with Zoning and Spacing Restrictions Mixed Spacing City Wide - Recreation Facility Spacing 500 ft OA Douglas:Rd r\ * MMDs in Residential 287 -- Areas Not Shown 14 14 i_ LMountainaVis't I a;Dr -- S, Vine: L — r' — - - --- - —Mulberry-St - f II II ---,\ P-rospect.Rd - \_ I —I of > = Dfake:Rd a v \ wHorsetooth=Rd -� \ I I L ------ HarnnonyRd I 1I j Trilby=Rd=l �1 --_ - (. — m \ __—_—__—__— m 1 U t MMD - Operational - 4 Meet Listed Requirements City Wide MMD - Operational - 32 Do Not Meet Listed Requirements City Wide x MMD - Not Operational - 1 of 6 Meet Listed Requirements City Wide 0 Land Available for Cultivation Facilities - 1529 Acres City wide Land Available for MMDs - 802 Acres City wide Within Zones : 500 Feet From : Commercial District Recreation Facilities N Community Commercial - North College District Rehabilitation Facilities Community Commercial - Poudre River District Residential Zoning s Community Commercial District 1000 Feet From : City of Downtown District Schools Fort Collins GIS River Downtown Redevelopment District Child Care Service Commercial District Places of Worship Printed: March 09, 2010 These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation orwarranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or undedying data. The CRY disclaims, and shall not be heltl liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which apses or may arise from these map products or the use thereof by any person or entity. Medical Marijuana ATTACHMENT413 Available Land with Zoning and Spacing Restrictions Mixed Spacing North of Mulberry - Recreation Facility Spacing 500 ft ,i I —DouglassRd ------------ 287 14 Ph \ ------------ 1 ®i 1 14 Mountain-Vista=Dr � �_-- ,- _I i „ E ' \ -- -- p Pit 1 — no R3o,, Mulberry_St MMD = Operational - 1 Meet Listed Requirements Within Zones : 500 Feet From : North of Mulberry Commercial District Recreation Facilities MMD - Operational - 13 Do Not Meet Listed Requirements Community Commercial - North College District Rehabilitation Facilities North of Mulberry Community Commercial - Poudre River District Residential Zoning x MMD - Not Operational - 1 of 1 Meet Listed Requirements Community Commercial District North of Mulberry Downtown District 0 Land Available for Cultivation Facilities - 1200 Acres River Downtown Redevelopment District 1000 Feet From : North of Mulberry Service Commercial District Schools Child Care Land Available for MMDs - 336 Acres Places of Worship .+, North of Mulberry City of ` These nepprcduc6 and At uMenvmgaalaareeerebµtlMues trytle OlymFurtC011lnamr161nRmal gnpagunN,aMwre nmRalgme orinterMMNrgeneral use EynamMs mtlre pool[.TleannaMea m represenla&n s year or r_'! Collins veto lh accuracy,Financial urvumgetenm,and In paNculap lh accuracy In labeling apparelrg dimensions contours gopeMLoundae¢, a placement N leaping of and nap features thereon THE CITYOF FORT COLLINS MANES NO Fort ` WARR WTYOF MERCHANFASIUTYOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EG RESSED OR IMPLIED,WITH RESPECT TO THESE M E PRODUCTS OR THE UNDERLYING DATA Any users Rthese map GI$ pmducts, msp appllcsdars, neat$accepts sameAS IS, WITH ALL FAULTS,add assurnes all Repor¢INIII�W the use betel and Differ and ouressTo hold Me Clty harmless hem and against all darrage, loss,or liability arising from any use of Nis map product m consideration of Me CRys redng made this information available Independent corrosion of all ea rconlamed happen should deoMamed by any usersonhese products, or underlying data.rare CN elenalms.and shall not be held Took for any and all eatrege,less,or uabTTy, whemerdhren, indirect orconseguentlal which added or mWa�homll mpprWuc6 ortla Tee thereof y any ouomae" Printed March 07, 2010 Medical Marijuana ATTACHMENTI Available Land with Zoning and Spacing Restrictions Mixed Spacing Between Mulberry and Horsetooth - Recreation Facility Spacing 500 ft 1 ideal n M_ulberry_St _ \ 4 i I I I I I yo I \ 1 P-rospect.Rd -- _I J I i m > o Hill m — V \ 1 \ \ •1 D m � � -- HorsetoothrRd MMD - Operational - 1 Meet Listed Requirements Within Zones : 500 Feet From : Between Mulberry and Horsetooth Commercial District Recreation Facilities MMD - Operational - 16 Do Not Meet Listed Requirements Community Commercial - North College District Rehabilitation Facilities Between Mulberry and Horsetooth Community Commercial - Poudre River District Residential Zoning MMD - Not Operational - 0 of 4 Meet Listed Requirements Community Commercial District p Between Mulberry and Horsetooth Downtown District River Downtown Redevelopment District 1000 Feet From : 0 Land Available for Cultivation Facilities - 329 Acres Service Commercial District Schools Between Mulberry and Horsetooth Child Care Land Available for MMDs - 220 Acres Places of WorshJ07 Between Mulberry and Horsetooth Cityof These map products;and AI undenvmg deny am derebµd M use by tle M Up Fort Palms for do marmal gaping day,add were nor Ralgm]orinhrlded for general use by meRLe�s mtlre public The an money as repm5enta4m or vel Fort Collins veto lh accuracy,tlaelmge oreomgetenm,and In trr�culap IN accuracy In labeling ordleplavlrg dimensions contours gopeM commang, aplaccmem Nl¢anlon broad mapfeaWigthereoa THE CITYOF FORT COLLINS MANES NO r WARR NTYOF MERCHAN MIULF YOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, E%PRESSEO OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNDERLYING DATA Any users ofthese map products, map appllcsders, adat$accepts same AS IS, WITH ALL FAULTS,add assurnes all resporshlle Wthe mandrel and NMercoeenanh and ourgsm hold to Clty harMgshom and agalrst all dapage, loss,or Inablity arising Rom any use code map product m consderzoon ofte ltVe grand madethde mastonon available lodependem corrosion of all reprogralned heiem should Level by any usersbnhge qo]¢h, or underymg data.The CN varyrts.and shall mL be held cable mrany and all hapened less,or cal whemer direct indirect brconseguenthL whah poppy a mayar�fiom0everrepproduch orthe ge thr fby any parvmcres" Print Medical Marijuana ATTACHMENTI Available Land with Zoning and Spacing Restrictions Mixed Spacing South of Horsetooth - Recreation Facility Spacing 500 It Horsetoo[h=Rd — V I' 1�__1___-____- Harmonybo d \® m`\\ I I I 1 1 I 5 L it L it —_-- - • i , r i I _j TrilbyRd ------ —� I I � I --- � I , O MMD - Operational - 2 Meet Listed Requirements Within Zones : 500 Feet From : South of Horsetooth Commercial District Recreation Facilities MMD - Operational - 3 Do Not Meet Listed Requirements Community Commercial - North College District Rehabilitation Facilities South of Horsetooth Community Commercial - Poudre River District Residential Zoning MMD - Not -Operational 0 of 1 Meet Listed Requirements Community Commercial District p South of Horsetooth Downtown District River Downtown Redevelopment District 1000 Feet From : 0 Land Available for Cultivatio „ acilities - 0 Acres Service Commercial District Schools South of Horsetooth Child Care Land Available for MMDs - 246 Acres Places of Worship w+, South of Horsetooth City of These map prcauAp and AT undenvmg deny am derebµtl M have W ft M Up Fort Collins for do marmal gaping day,and wee not Rslgm]or lnhanMM for spread use by,members mtlre public The sly maybe anreq¢enU4m or waa'anN r_ty Collins veto lh accuracy,Trodden,orcomhYeRnm,and In paNcider IN accuracy In labeling emotional dimensions contours gopeM commang, aplacemenh Nl¢Alon proudnepfeAwglnerain THE CITYOF FORT COLLINS MAKES NO /^r`(`)'1 ` C ` WARR NTYOF MERCHANTASI Y YOR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED,WITH RESPECT TO THESE MAP PRODUCTS ORTHE UNOERLVINO DATA Any users remove map GIe products, nap appllcsdars, adat$accepts same AS IS, WITH ALL FAULTS,add scandal all rdparslblllly W Ne metMreod and NMercoeenants and grgsto hold to Clty genera hoes and galrsl all dalrege, loss,or Ilablllty arising Rom any use code map product mconsderzoon NNe OLLVs grand made Pis Inhoirmed available lodependem corrosion of all dalacogralned haem should bevera a by any usersonnge Spacing or underlying data.The ON dlenalna.and shall ml be vela cable mrany and all hapagr less,or cal whether direct indirect orconagoentlyL wnan poppy a mayartgfiomlleverreppro]ucts I ge mereomy any grvmcres" Printed March 07, 2010 ATTACHMENT 5 DATE: March 2, 2010 SUMMARY STAFF: Teresa Ablao, Peter Barnes, Steve AGENDA ITEM Dush, Steve Roy, Linda Samuelson, r FORTCOLLINS • Ginny Sawyer,Jer Schia er Items Relating to Medical Marijuana. A. First Reading of Ordinance No. 025, 2010, Adding an Article to Chapter 15 of the City Code Governing the Licensing, Location and Operation of Medical Marijuana Dispensaries. B. First Reading of Ordinance No20A;0 Making.A ndments to the City Land Use Code Relating to Medical Marijuana. EXECUTIVE SUMMARY City staff has prepared two ordinances regulating medical marijuana businesses for Council's consideration. Second Reading of these ordinances is scheduled for March 16, 2010. The first proposed ordinance establishes a licensing process for all medical marijuana businesses as well as location requirements for medical marijuana dispensaries (MMDs) and their associated cultivation sites, and requirements governing the operation of these facilities. The regulations also address the cultivation of marijuana by patients and primary caregivers who serve no more than one patient and do not constitute an MMD. The second ordinance provides zoning regulations for medicalemarijuana'businesses. The overall purpose of the regulations\hat wo'Id�be imposed bye ordinances is to protect the rights of patients and primary caregivers as afforded by Amendment 2201,and%to also.protect.the.public health, safety, and welfare of the community. The uniqueness and newness of this industry set it apart from other licensed business models and these regulations focus on serving the community as a whole, and not on protecting particular business models. A moratorium on the issuance of new licenses to medical marijuana businesses went into effect on December 11, 2009 and is scheduled to expire on March 31, 2010. If approved on Second Reading as scheduled, the ordinances would take effect prior to the expiration of the moratorium. BACKGROUND / DISCUSSION _ Regulating the medical marijuana industry is a unique challenge-for the City. Marijuana use, production, and sale is illegal under federal law,and the State of Colorado\has not yet created a framework to regulate the medical marijuana industry. In this environment the medicalmarijuanaindusstry,has-grown exponentially in a very short time. Thenumber of authorized medical marijuana patients has grown from 5,000 in March 2009 to an estimated 60,000 today. The number of medical marijuana businesses has grown in numerous Colorado communities to meet this increasing demand and in the past year the number of medical marijuana businesses issued sales tax licenses in Fort Collins has increased from 3 in 2009 to 95 currently active. This is a very new industry for local government to regulate, and for this reason the ordinance proposed by staff is different from other local business regulations. While some of the components are borrowed from the licensing of pawn shops and liquor establishments,many of the components are unique to this use. Staff has attempted to provide a framework that establishes a clear and legal method for people to provide and consume medical marijuana while curtailing unlawful use and guarding agaihstAthe secondary-effects of-MMDs? li Staff has researched this issue, collectr`ed public input, andnd coF nsidered the(concerns of patients, primary care-givers, dispensary operators, other business people�anTn��hborhh6bd residents. Staff believes that local regulations are needed to meet the unique aspects of this industry while addressing larger community concerns. The approach proposed by staff is innovative in relation to other local jurisdictions in regulating areas that are important to our city. March 2, 2010 -2- ITEM 27 Key Definitions Some of the definitions in the proposed ordinances are taken from Amendment 20 or other sources. Others have been developed by staff in order to implement the regulatory approach that staff is recommending,which is different in a number of respects from other models that were reviewed. For example, the term"medical marijuana business' has been developed to capture all components of a medical marijuana operation including, cultivation, delivery, and retail sales and operations. The terms"medical marijuana dispensary"and"medical marijuana cultivation facility"are also newly defined terms that are used in the regulations to address individual aspects of the business. License Requirements As discussed at the February 9,2010 work:session�an:extensive`icensing process is proposed as the first component of the regulations. Other requirementsllnclude payment�of an applicatiionAfee and an annual license fee. The fees would cover costs associated with the background check,zoning:review,mapping required to determine if separations are met, application coordination, arid`outir g to�othe!departments. The initial non-refundable application fee is estimated to be approximately$500. If'the-applicant=meetsiall•application; licensing, and zoning requirements, the proposed licensed premises would be inspected and, upon approval, an annual fee of approximately$700 would be collected. The purpose of this fee would be to cover the cost of compliance checks by Police Services and other applicable City departments each year. The first step in the licensing process would be to conduct a background check on the applicant, manager, and all of the financial interest holders in the proposed medical marijuana business. Applicants would have to be at least 21 years of age. No license would be issued to persons who,within the last ten years, have been released from any form of court supervision for a felony criminal conviction or any crime involving fraud or intent to defraud,or to a person who has had an medical marijuana business license revoked orwho has submitted any fraudulent information in connection with the application. � �� ,, Prior to issuance of the license, the propose pected for compliance with all building and fire codes. In order to ensure compliance with all applicable,regulations, no person or entity would be licensed to operate more than three local medical marijuana businesses. All medical marijuana businesses operating in the City would have to be licensed, even if they are just delivering to patients in the City from an out-of-town business establishment. City sales tax would be collected on all such transactions. Inspections Licensed premises, including cultivation facilities,would be subject to inspection by both Police Services and any other department concerned with compliance issues. Books, records, and inventory would need to be made available. At no time could the City release or make publi an y confidential cer ord of the state, including patient information,except as otherwise required by law. \ Y Location and Land Use Code Requirements(( The City's Land Use Code (LUC) will be amended to specifically identify MMDs as a permitted use in those zone districts where MMDs are considered to be compatible with neighboring uses. Staff recommends that the various sections of Article 4 of the LUC be amended by adding a medical marijuana dispensary to the list of permitted Basic Development Review uses in the Downtown (D), River Downtown Redevelopment(RDR), Community Commercial (CC),Community Commercial-North College(CCN), Community Commercial-Poudre River(CCR),Commercial(C), and Service Commercial (CS) zones. Cultivation facilities will be limited to Industrial (1)zones. In addition to the zoning designations, staff is recommending separation requirements be included in the licensing regulations. The purpose of these is twofold. First,-the ,,000-foot-separation requirement from other MMDs is intended to avoid "clusters' of MMDs so aslto,"minimize their cumulative impact on any particular area of the I � I iI i1 / r� N community. Second, community feedback and(model ordinanLl ces from other communities suggest that separation requirements from such uses as schools, places ofworship, parks and recreation areas are advisable because of the concern that exposure of youth to MMDs•could decrease their perception•of harm related to the use of marijuana or other drugs. March 2, 2010 -3- ITEM 27 The home occupation regulations in Section 3.8.3 of the LUC currently allow medical marijuana businesses to operate from dwelling units. The current regulations prohibit retail sales activities of medical marijuana products on the premises, but do not prohibit the storage of inventory or the cultivation of marijuana on the premises. Based on public input received during the moratorium and concerns for the safety of the home occupation license holder and neighbors, staff believes that neither the keeping of inventory nor the cultivation activities associated with a medical marijuana business are appropriate uses of property in a residential neighborhood. In the proposed LUC Ordinance,those persons who were issued a home occupation license prior to the effective date of the moratorium will have to modify their business activity, if necessary, so that the dwelling unit is used only as a business office. The Home Occupation license will not be renewed at the time of its expiration. Operations The following requirements would apply` t" ' o the M1�MDs. 1P V • Each dispensary would have to be operated bythe licensee or a designated manager. • On-site sales would be allowed only to patients and primary caregivers. Sales could include marijuana in any usable form, starter plants, seeds, paraphernalia, and other retail merchandise. No mature marijuana plants could be sold or maintained at the MMD. Quantities of marijuana sold to patients or primary caregivers would be limited to amounts permitted under Amendment 20 for personal medical use, with a limit of two ounces per customer per week. • Access to the licensed premises would be limited to those lawfully entitled under Amendment 20 to possess and use medical marijuana, as well as others whose presence is reasonably necessary to conduct business, assist patients, or repair, improve or inspect,-the licensed.premises, • Food products containing marijuana would have to contain warning labels explaining legal limitations on possession and use. If the food has` not been i�nSJp�ete1iy state or county health officials, the label would have to so indicate. • No on-site consumption of marijuana would be permitted. • No on-site cultivation of marijuana plants would be permitted. • Security requirements would include safes and video cameras. • Hours of operation would be limited to 8AM to 8PM. • Detailed transaction records would,1 re equi red,and�b000ks and records would be subject to inspection by the City to ensure compliance with applicable regulations. 1�P) • All normal Sign Code requirement ouuld have to"be met. In addition, if the term "marijuana"or an equivalent symbol(e.g., marijuana leaf)was used on a sign, or in any advertising, it would have to be preceded by the word "medical." Limitations on Cultivation Sites The following would apply to cultivation facilities: • Cultivation facilities would be allowed only in the Industrial zone. • To the extent permitted under the Colorado Open Records Act, the location of the site would not be made available by the City for public ins,p�ection, l �nL�/ • The cultivation site would haveU be operated by the licensee o'r� a primary caregiver employed by the licensee. JL • No signs indicating the nature of the operation would be permitted. March 2, 2010 -4- ITEM 27 • No outdoor cultivation would be allowed. • No on-site consumption or sales would be allowed. • Marijuana grown at the site could be distributed only through the retail outlet of the same MMD or delivery business. Limitations on Cultivation by Persons Exempt from Licensing Patients and primary caregivers who are exempt from licensing would be allowed to cultivate, grow or process marijuana with the following restrictions: • No outdoor growing. • No more than 12 marijuana lants ma be gown with"abein mature. 1 P 9 t 9 • No patient or primary caregiver may have more plants than they are entitled to possess under Amendment 20. Grandfathering At the February 9, 2010 work session, a majority of Council requested bringing forward a grandfathering option that would make all of the proposed regulations effective immediately except the new location requirements. Those would not apply to existing medical marijuana businesses until Council decides by ordinance that they should apply. The purpose of delaying that decision would be to determine two things: a. whether the City's other medical,rnarijuanaebusinessVegulations'and�any new state laws have significantly reduced the number of existing MMDs that/would not meet the new location requirements; and c� �) " t b. how harmful it would be to grandfath`y ose�t�aaPeLeft )T Pending that decision about grandfathering, no new medical marijuana businesses would be allowed to submit an application for a license. The medical marijuana businesses that were established prior to the effective date of the ordinance would need to apply for a license and pay the application fee before April 30, 2010. Those that fail to apply by that date and those that apply but are denied licenses because they do not meet the non-locational requirements (such as the background check)would need to cease operations. Those that meet the licensing requirements would be issued a provisional license. They would not have to pay the $700 annual license fee unless and until Council decides that they can remain in operation at their current location. Once Council decides whether to grandfather existing businesses, applications will be accepted for new businesses. FINANCIAL IMPACT n P V \\� J-1 1 The medical marijuana regulation program is intended to be self-funding. Staff has considered the time and costs involved in medical marijuana business licensure and has estimated the fees accordingly. In an effort to save applicants money, the fee structure has been divided into two parts. The initial application fee which is presently estimated to be $500, would be due at the time of submittal. This fee would cover the estimated costs of administrative processing, zoning, location, and mapping research as well as background checks. If the application proceeds, staff would then perform on-site inspections of all licensed facilities. Prior to issuing the license, a second fee of $700 would be due. This fee would cover the anticipated costs of annual inspections, including compliance checks throughout the year. It would be charged annually upon renewal of the license. The amount of both these fees could be adjusted as deemed necessary by_the City Manager but the amount of the fee would not exceed estimated costs. March 2, 2010 -5- ITEM 27 SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS As noted above, the fee structure has been estimated to cover staff time and out-of-pocket costs. The proposed regulations also take into consideration local business concerns regarding clustering and appearance issues that some feel could deter redevelopment. While some will argue that not allowing outdoor cultivation misses a sustainability aspect, community feedback and staff findings show the risks outweigh the benefits. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on FFir�stt Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board considered Land Use Code changes related to medical marijuana businesses at its meeting on February 18, 2010. The Board unanimously recommended approval of the districts that would allow both MMDs and cultivation facilities. The Board was split on the home occupation recommendation. The area of concern for some was the potential hardship for small caregivers (less than 5 patients was suggested but not agreed upon)who would not be allowed to operate or cultivate out of their home and who would be required to obtain a license.There was also reservation about not even allowing just the business portion.(no'c Itivation an.d.no,inventory)to.occur at home under a home occupation license. IIff B a 4-2 vote the Board recommended ap roval rbf he definition of a marl uana business including the exemption for 1 primary caregiver having only a single patient.!-/As noted above,�however,'some members believed that the exemption should be broader so as to allow primary caregivers to serve more patients before being considered a medical marijuana business. PUBLIC OUTREACH The majority of public outreach regarding medical marijuana businesses was done in January. This outreach included individual interviews with operators of both a retail MMD operation and a home delivery model MMD,focus groups with patients, MMD operators, and with a group•ofiterested citizens ncluding business groups, property managers and school representatives. There was a communitywide open house which approximately 100 people attended. On February 18, public comment was heard Manning'. _ .,and}Zon'ing B� hearing for land use issues.relating to medical marijuana businesses. \\\4�!/ 11"1� The information and comments received from these efforts has been incorporated into the proposed ordinance. Council has also been provided notes from each of these meetings as well as copies of individual emails received. ATTACHMENTS 1. Map of Permitted Zones-City Wide (no separation distances) 2. Map of Permitted Land with Zoning and Spacing Restrictions City Wide- 1000 ft 3. Map of Permitted Land with Zoning�and°Spacing Restricti5 nw5-rth of Mulberry- 1000 ft 4. Map of Permitted Land with Zoning and Spacing Restrieti n betQeenh' ulberry and Horsetooth - 1000 ft 5. Map of Permitted Land with Zoning and Spacing Restrictions south of Horsetooth - 1000 ft 6. Map of Permitted Land with Zonirig�aand Spacing Requirements Citywide- 500 ft 7. Map of Permitted Land with Zoning and Spacing Restrictions north of Mulberry- 500 ft 8. Map of Permitted Land with Zoning and Spacing Restrictions between Mulberry and Horsetooth -500 ft March 2, 2010 -6- ITEM 27 i 9. Map of Permitted Land with Zoning and Spacing Restrictions south of Horsetooth - 500 ft 10. Planning and Zoning Agenda Item Summary 11. Planning and Zoning Board February 18, 2010 meeting minutes 12. February 9, 2010 work session summary 13. Power Point presentation ATTACHMENT 6 Proposed Regulati Medical usines City C Meet ' 1 Gen ose Protect the public health , safety and welfare , as well as the rights o patients and their primary caregivers , while discouraging the unlawful use and distribution of marijuana . 2 ��s First Reading Recap On a 6 - 1 vote , Council passed the ordinance regulating medical marijuana businesses . Foc t `i=s 3 First Reading Recap The Ordinance addresses : Business licensing components Zoning regulations Separation requirements Retail operation requirements Cultivation limitations Ci ty Collins 4 Changes to Ordinance The City regulations do not determine what is or is not criminal under federal or state law . Those distributing medical marijuana need to consider all applicable federal , state and local laws in deciding whether and how to conduct business . O tolls 5 Changes to Ordinance Definitions : " Dwelling unit" has been added for purposes of theU2 plant cultivation limit . " Financial interest" has been redefined . �t�S 6 nce Clarifications : Forms of acceptable ID are specified for license applicants . The one-week period in which 2 oz of MM can be bought or sold has been revised to " 7 day period . " AL Fo' � Changes to Ordinance Additions : License will be issued for each facility to be operated under the business name . Any person delivering MM must have a copy of the business license on them . Changes to Or Additions : A license holder is entitled to a hearing if license is not renewed or is suspended or revoked . ctY or 9 Mhlk F�tS Changes to Ordinance Clarification : Only existing businesses are eligible to immediately apply for a license . Existing businesses are those that obtained a sales tax license prior to the moratorium and have begun operation prior to this ordinance passing . t �s 10 Revisions : Existing businesses will have until May 31 , 2010 to make an application . City or 11 -F�tf� Location Options The following separations have been analyzed : 1000 ft from all protected sites 500 ft from all protected sites Mixed spacing with recreation facilities at 1000 ft Mixed spacing with recreation facilities at 500 ft aty or ort COttIf15 12 1.013 1000 ft from ted sites : 383 acres available 1 of 36 currently operating MMDs meet all requirements "�vF t coup Location Options 500 ft from all protected sites : 973 acres available 7 of 36 currently operating MMDs meet all requirements Mixed spacing with recreation facilities at 1000 ft: 745 acres available 3 of 36 currently operating MMDs meet all requirements ctY or F�tf�n 15 Location Options Mixed spacing with recreation facilities at 500 ft : 802 acres available 4 of 36 currently operating MMDs meet all requirements 16 Discussion ORDINANCE NO . 025 , 2010 OF THE CODE OF THE CITY OF FORT COLLINS ADDING AN ARTICLE TO CHAPTER 15 OF THE CITY CODE GOVERNING THE LICENSING, LOCATION AND OPERATION OF MEDICAL MARIJUANA BfSPENSARfESBUSINESSES WHEREAS , on November 7, 2000, the voters of the state of Colorado approved Amendment 20 to the Colorado Constitution, which created a limited exception from criminal liability under Colorado law for persons suffering from debilitating medical conditions who are in need of marijuana for medical purposes and who obtain and use medical marijuana under the circumstances specified in Amendment 20 ; and WHEREAS, the possession, use, sale, distribution or transportation of marijuana is still a violation of federal law and, when possessed, used, sold, distributed or transported for any purpose other than medical use, a violation of state law as well; and WHEREAS , accordingly, the possession, use, sale, distribution, and transportation of marijuana for medical use as contemplated by Amendment 20 should be closely monitored and regulated by the City; and WHEREAS , if not closely monitored and regulated, the manner in which medical marijuana is possessed, used and distributed may adversely affect the health, safety, and welfare of the residents of the City as well as the health, safety and welfare of the patients and primary caregivers whose possession and use of marijuana for medical purposes is permitted by Amendment 20 ; and WHEREAS , on December 1 , 20091 the City Council adopted Ordinance No . 128 , 2009 , and, for the reasons stated therein, imposed a moratorium on the establishment of any medical marijuana dispensaries that had not theretofore been established in the City, so that the status quo could be maintained while proposed regulations governing the same were developed by City staff; and WHEREAS , City staff has, pursuant to City Council direction, reviewed the issues, concerns and secondary effects that may be associated with the operation of medical marijuana dispensaries in the City and has presented proposed regulations pertaining to the same for the City Council's consideration; and WHEREAS , the City Council believes that medical marijuana dispensaries, if properly regulated, can provide a valuable service to persons that are suffering from debilitating medical conditions and such dispensaries and related facilities should therefore be allowed as a conditional use on certain properties in the City, subject to licensing requirements and other regulations ; and WHEREAS , by adoption of this Ordinance, the City Council does not intend to authorize or make legal any act that is not permitted under federal or state law but rather to establish local regulations governing the possession and use of medical marijuana under locally implement the Amendment 20 ; and WHEREAS , the City Council has determined that, for the reasons set forth above and for the purpose of protecting the public health, safety and welfare of the residents and visitors of Fort Collins, it is in the best interests of the City to amend the City Code as provided herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the recitals contained in this Ordinance and in Ordinance No. 128 , 20099 are hereby adopted and incorporated herein as findings of fact of the City Council . Section 2 . That Chapter 15 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article XVI which shall read in its entirety as follows : ARTICLE XVI. MEDICAL MARIJUANA Sec. 15-450. Purpose. (a) The provisions of this Article are intended to acknowledge and protect the rights of patients and their primary caregivers under implement the provisions of Article XVIII, Section 14 of the Colorado Constitution, and protect the rights o patients and their primwhile also protecting the health, safety, and welfare of the public ; and curtailing to the extent reasonably possible, the unlawfal possession, use, distribution, or transportation of marijuana for unlawful purposes by: ( 1 ) requiring that medical marijuana businesses be operated in a manner that minimizes potential health and safety risks and mitigates the negative impacts that a medical marijuana dispensary might have on surrounding properties and persons ; (2) regulating the conduct of persons owning, operating and using medical marijuana dispensaries and cultivation facilities in order to protect the public health, safety and welfare ; and (3 ) regulating the location and operation ofinedical marijuana dispensaries and cultivation facilities . (b) By adoption of this Article, the City Council does not intend to authorize or make legal any act that is not permitted under federal or state law Sec. 15-451 . Definitions . (a) The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: -2- Alcohol beverage shall have the meaning ascribed to such term in the Colorado Liquor Code . Amendment 20 shall mean that certain voter initiated amendment to the Colorado Constitution adopted November 7, 2000, which added Section 14 of Article XVIII to the Colorado Constitution. Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers and directors of such entity. Building Official shall mean the Building Code Official as defined in Chapter 5 of the Code . Cultivation shall mean the process by which a person grows a marijuana plant. Dwelling unit shall mean one ( 1 ) or more rooms and a single kitchen and at least one ( 1 ) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. Financial interest shall mean any ownership interest, including, without limitation, a membership, directorship or officership ; or any creditor interest, whether or not such interest is evidenced by any written document. or officcrship-. Good cause for the purpose of denying, refusing to renew, suspending or revoking a license under this Article shall mean: ( 1 ) the applicant has violated, does not meet, or has failed to comply with any of the terms, requirements, conditions or provisions of this Article or with any applicable state or local law or regulation; (2) the applicant has failed to comply with any special terms or conditions of a license, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of disciplinary proceedings held subsequent to the date of issuance of the license ; or (3 ) the medical marijuana dispensary or cultivation facility has been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the dispensary or cultivation facility is located. Evidence to support such a finding can include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug-related criminal conduct within the premises of the medical -3 - marijuana dispensary or cultivation facility or in the immediate area surrounding such facility, a continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana dispensary or cultivation facility, or an ongoing nuisance condition emanating from or caused by the medical marijuana dispensary or cultivation facility. License shall mean a document issued by the City officially authorizing an applicant to operate a medical marijuana business pursuant to this Article. Licensee shall mean the person to whom a license has been issued pursuant to this Article . Licensed premises shall mean that portion of a property, building, or other structure used for the purpose of cultivating, storing, processing, displaying for sale, selling or otherwise distributing medical marijuana or other products by a licensee . Medical marijuana shall mean marijuana or cannabis approved under state law to treat persons suffering from debilitating medical conditions as defined in Amendment 20 and other laws and regulations of the state, including, without limitation, cancer, glaucoma, human immunodeficiency virus, chronic or debilitating diseases such as seizures, severe pain, severe nausea, persistent muscle spasms and epilepsy. Medical marijuana business shall mean any person acting alone or in concert with another person, whether for profit or not for profit, who cultivates, grows, harvests, processes, packages, transports, displays, sells, dispenses or otherwise distributes the stalks, stems, roots, seeds, leaves, buds, or flowers of the plant (genus) cannabis, or any mixture or preparation thereof, for medical use as authorized by Amendment 20 . Medical mary*uana cultivation facility or cultivation facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off-site from any medical marijuana dispensary and that is designated as part of the premises of a medical marijuana dispensary licensed pursuant to this Article . Medical marijuana delivery business shall mean a medical marijuana business that delivers medical marijuana to a patient or primary caregiver at a location other than a licensed premises . Medical mar�uana dispensary or dispensary shall mean a property or structure used to sell, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to patients or primary caregivers pursuant to the authority contained in Amendment 20 to the Colorado Constitution and the implementing state statutes and administrative regulations . -4- Medical marijuana paraphernalia or paraphernalia shall mean devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming medical marijuana, including, but not limited to, rolling papers, related tools, water pipes and vaporizers . Minor patient shall mean a patient less than eighteen ( 18) years of age . Patient shall mean a person who has a debilitating medical condition as defined in Amendment 20 . Person shall mean a natural person or business entity such as, without limitation, a corporation, association, firm, joint venture, estate, trust, business trust, syndicate, fiduciary, partnership, or any group or combination thereof. Place of worship or religious assembly shall mean a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious services or meetings of the occupants of such structure . Premises shall mean the entire parcel of property upon which a medical marijuana dispensary or cultivation facility is located. Primary caregiver shall mean a person, other than the patient and the patient' s physician, who is eighteen ( 18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Registry identification card shall mean that document, issued by the state Department of Public Health and Environment, which identifies a patient authorized to engage in the medical use of marijuana and such patient' s primary caregiver, if any has been designated. (b) In addition to the definitions provided in Subsection (a) of this Section, other terms used in this Article shall have the meaning ascribed to them in Amendment 20 , and such definitions are hereby incorporated into this Article by this reference . Sec. 15-452. License required ; exemption. (a) Except as provided in Subsection (b) of this Section, it shall be unlawful for any person to establish or operate a medical marijuana business in the City without first having obtained a license for such business from the City Manager. Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this Section. -5 - (b) Primary caregivers who cultivate, possess or dispense medical marijuana to a single patient, and patients who cultivate or possess medical marijuana for their own medical use, are exempt from the licensing requirements of this Article, but shall be subject to the following limitations : ( 1 ) All such cultivation shall be conducted entirely within a building or other fully enclosed structure. (2) Not more than twelve ( 12) marijuana plants may be cultivated or kept at the satne parcel ofprope any dwelling unit, of which no more than six (6) plants may be mature . (3 ) In no event shall a patient or primary caregiver keep, cultivate, grow or process more medical marijuana than such person is entitled to possess under Amendment 20 . Sec. 15-453 . Requirements of application for license ; payment of application fee ; denial of license. (a) A person seeking a license or renewal of a license issued pursuant to this Article shall submit an application to the City Manager on forms provided by the City. At the time of application, each applicant shall pay a non-refundable application fee to defray the costs incurred by the City for fingerprints, photographsT background investigations, inspection of the proposed premises, and other costs associated with the processing of the application. In addition, the applicant shall present for recording one ( 1 ) of the following forms of identification: ( 1 ) an identification card issued in accordance with Section 42-2-302 , C .R. S . ; (2) a valid state driver's license; (3 ) a valid driver's license containing a picture issued by another state ; (4) a military identification card; (5 ) a valid passport; or (6) an alien registration card. The applicant shall also provide the following information on-in a form provide approved by, or acceptable to, by-the City, which information shall be required for the applicant, the proposed manager of the medical marijuana business , and all persons having a ten ( 10) percent or more financial interest in the medical marijuana business that is the subject of the application- or, if the applicant is an entity, having a ten ( 10) percent or more financial interest in the entity: -6- ( 1 ) name, address, date of birth; (2) a complete set of fingerprints ; (3 ) an acknowledgment and consent that the City will conduct a background investigation, including a criminal history check, and that the City will be entitled to full and complete disclosure of all financial records of the medical marijuana business , including records of deposit, withdrawals, balances, and loans ; (4) if the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable; (5) the name and complete address of the proposed medical marijuana business, including the facilities to be used in furtherance of such business that are, whether or not such facilities are, or are planned to be, within the territorial limits of the City; (6) if the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana dispensary or cultivation facility; (7) a copy of any deed reflecting the ownership of, or lease reflecting the right to possess, the proposed licensed premises ; (8) evidence of a valid sales tax license for the business ; (9) if the medical marijuana dispensary will be providing medical marijuana in edible form, evidence of any food establishment license or permit that may be required by the State ; ( 10) a "to scale" diagram of the premises, showing, without limitation, a site plan, building layout, all entry ways and exits to the dispensary and cultivation facility, loading zones and all areas in which medical marijuana will be stored, grown or dispensed; ( 11 ) a comprehensive business plan for the medical marijuana business which shall contain, without limitation, the following : a. a security plan meeting the requirements of § 15 -4623 ; b . a description of all products to be sold; -7- c . a signage plan that is in compliance with all applicable requirements of this Code and the Land Use Code; and d. a plan for the disposal of medical marijuana and related byproducts to ensure that such disposal is in compliance with all applicable federal, state and local laws or regulations . ( 12) any additional information that the City Manager reasonably determines to be necessary in connection with the investigation and review of the application. (b) A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the medical marijuana dispensary and cultivation facility, including, without limitation, any development approvals or building permits required by this Code and the Land Use Code. (c) Upon receipt of a completed application, the City Manager shall circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations . (d) The Building Official shall, prior to issuance of the license, perform an inspection of the proposed licensed premises, including, without limitation, the proposed cultivation facility, to determine compliance with any applicable requirements of this Article or other provisions of this Code or the Land Use Code . (e) The City Manager shall deny any application that does not meet the requirements of this Article . The City Manager shall also deny any application that contains any false, misleading or incomplete information. Denial of an application for a license shall not be subject to administrative review but only to review by a court of competent jurisdiction. Sec. 15-454. Location criteria. (a) No medical marijuana dispensary shall, at the time it is established and first licensed by the City, be located within one thousand ( 1 ,000) feet of another dispensary. (b) No medical marijuana dispensary shall be allowed except in accordance with the following location requirements : ( 1 ) No medical marijuana dispensary shall, at the time it is established and first licensed by the City, be located: a. within one thousand ( 1 ,000) feet of: -8- 1 . any private or public preschool, elementary, secondary, vocational or trade school, college, university or childcare facility; 2 . any place of worship or religious assembly; 3 . any public or private park, pool, playground or recreational facility; 4. any juvenile or adult halfway house, correctional facility, or substance abuse rehabilitation or treatment center; or 5 . the boundary of any RUL, UE, RF , RL, LMN, MMN, NCL, NCM, NCB or HMN residential zone district. b . upon any City property, or; C . in a residential unit, except as permitted under Section 3 . 8 . 3 of the Land Use Code. (2) No medical marijuana business shall operate as an outdoor vendor as defined in § 15 -381 . (c) The distances described above shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated in Subsection (a) above to the nearest portion of the building or unit in which the medical marijuana dispensary or cultivation facility is located. Sec. 15-455. Persons prohibited as licensees. (a) No license shall be issued to, held by, or renewed by any of the following : ( 1 ) any natural person who is not a patient or primary caregiver, as evidenced by a registry identification card or its functional equivalent under Section 14(3 )(d) of Amendment 20 and, in the case of a primary caregiver, his or her patient ' s written designation of the applicant as the patient ' s primary caregiver, as submitted to the Colorado Department of Public Health and Environment; (2) any person who has been released within the ten ( 10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence, resulting from a conviction of any felony or any crime which under the laws of this state would be a felony; or any crime of which fraud or intent to defraud was an element, whether in this state or elsewhere; -9- (3 ) any entity whose directors, shareholders, partners, or other persons having a financial interest in said entity have been convicted of any of the offenses set forth in paragraph (2) above ; (4) any person under the age of twenty-one (21 ) years; (5 ) any person who has made a false, misleading or fraudulent statement on his or her application for a license ; (6) any person who has not paid all applicable fees; (7) any person whose license for a medical marijuana business in another city, town, county or state has been revoked; (8) any peace officer as defined in C .R. S . § 16-2 . 5 - 101 or family member of a peace officer; (9) any applicant who already holds three (3) medical marijuana business licenses in the City. Sec. 15-456. DuratiorrIssuance of license ; duration ; renewal. (a) Upon issuance of a license, the City shall provide the licensee with one ( 1 ) original of such license for each dispensary or cultivation site to be operated by the licensee in the City. Each such copy shall show the name and address of the licensee, the type of facility or business for which it is issued, and the address of the facility at which it is to be displayed, if any, pursuant to § 15 -458 (c) . (b) Each license issued pursuant to this Article shall be valid for one ( 1 ) year from the date of issuance and may be renewed only as provided in this Article. All renewals of a license shall be for no more than one ( 1 ) year. An application for the renewal of an existing license shall be made to the City Manager not more than sixty (60) days and not less than thirty (30) days prior to the date of expiration of the license . No application for renewal shall be accepted by the City Manager prior to or after such date . The timely filing of a renewal application shall extend the current license until a decision is made on the renewal. Sec. 15-4587. Annual license fee. Upon issuance of a license or any renewal of a license, the licensee shall pay to the City a fee in an amount determined by the City Manager to be sufficient to cover the annual cost of inspections conducted pursuant to § 15 -4745 by Police Services, or such other departments of the City as may be designated by the City Manager, for the purpose of determining compliance with the provisions of this Article and any other applicable state or local laws or regulations. - 10- Sec. 15-4598. Use and display of license , inanageineirt of licensed premises. (a) A license shall not be transferable to another person. (b) Each license shall be limited to use at the premises specified in the application for such license . Any change in location shall require the filing of an application for, and issuance of, a new license under the provisions of § 15 -453 . (c) Each license shall be continuously posted in a conspicuous location at the medical marijuana dispensary and at the cultivation facility. (d) Any person delivering medical marijuana in the City on behalf of a medical marijuana business shall have in his or her possession a true and accurate copy of the license held by said business and shall, upon request by any member of Police Services or by any other duly authorized law enforcement officer, produce the same for inspection. Sec. 15-459. Management of licenses premises . td Licensees who are natural persons shall either manage the licensed premises themselves or employ a separate and distinct manager on the premises and report the name of such manager to the City Manager. Licensees that are entities shall employ a manager on the premises and report the name of the manager to the City Manager. All managers must be natural persons who are patients or primary caregivers at least twenty-one (21 ) years of age . No manager shall be a person having a criminal history as described in Subseetiart § 15 -455 (a)(2) . Sec. 15-45960. Change in manager ; change in financial interest. (a) Each licensee shall report any change in managers to the City Manager within thirty (30) days after the change. Such report shall include all information required for managers under § 15 -453 . (b) Each licensee shall report in writing to the City Manager any transfer or change of financial interest in the license holder or in the medical marijuana business that is the subject of the license . Such report must be filed with the City Manager within thirty (30) days after any such transfer or change . A report shall be required for any transfer of the capital stock of a public corporation totaling more than ten ( 10) percent of the stock in any one year, as well as any transfer of a controlling interest in the corporation whenever a sufficient number of shares have been transferred to effectuate the transfer of a controlling interest. No person having or acquiring a financial interest in the medical marijuana business that is the subject of a license shall be a person having a criminal history as described in § 15 -455 (a)(2) . - 11 - Sec. 15-4601 . Hours of operation . Medical marijuana dispensaries may be open for business only between the hours of 8 : 00 a.m. and 8 : 00 p.m. Sec. 15-46+2 . Signage and advertising. All signage and advertising for a medical marijuana dispensary shall comply with all applicable provisions of this Code and the Land Use Code . In addition, no signage or advertising shall use the word "marijuana," "cannabis," or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols . Such signage and advertising must clearly indicate that the products and services are offered only for medical marijuana patients and primary caregivers . Sec. 15-4623 . Security requirements. (a) Security measures at dispensaries and cultivation facilities shall include at a minimum the following: ( 1 ) security surveillance cameras installed to monitor all entrances along with the interior and exterior of the premises to discourage, and facilitate the reporting of, criminal acts and nuisance activities occurring at the premises. (2) robbery and burglary alarm systems which are professionally monitored and maintained in good working condition; (3 ) a locking safe permanently affixed to the premises that is suitable for storage of all medical marijuana and cash stored overnight on the licensed premises ; (4) exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of the City Code and Land Use Code; and (5 ) deadbolt locks on all exterior doors . (b) All security recordings shall be preserved for at least seventy-two (72) hours by the licensee and be made available to Police Services upon request for inspection. - 12- Sec. 15-4634. Required notices. There shall be posted in a conspicuous location in each medical marijuana dispensary a legible sign containing warnings that: ( 1 ) the possession, use or distribution of marijuana is a violation of federal law; (2) the possession, use or distribution of marijuana for non-medical purposes is a violation of state law; (3 ) it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by, marijuana; and (4) no one under the age of eighteen ( 18) years is permitted on the premises except minor patients accompanied by a parent or legal guardian in possession of a state registry card for such minor patient. Sec. 15-4645. Cultivation, growing and processing by licensees. The cultivation, growing, processing, display or storage of marijuana plants within a medical marijuana dispensary shall be limited to non-flowering plants that are kept by the licensee solely for the purpose of cloning. The cultivation, growing and processing of marijuana plants other than for cloning shall be conducted by the licensee only at the cultivation facility shown on the application. Sec. 15-4656. Sale of edible products . (a) Medical marijuana dispensaries may not be co-located with facilities used to prepare, produce, or assemble food, whether for medical or non-medical purposes. (b) Any food products sold by a medical marijuana dispensary shall either be inspected by an agency of the Colorado Department of Public Health and Environment or, if no such inspection has occurred, shall contain a label indicating the lack of health department inspection. Sec. 15-4667. Labeling. All marijuana sold or otherwise distributed by the licensee shall be packaged and labeled in a manner that advises the purchaser that the marijuana is intended for use solely by the patient to whom it is sold and that any re-sale or re-distribution of the marijuana to any person other than a patient or primary caregiver is a criminal violation. - 13 - Sec. 15-46-78. On-site consumption of medical marijuana. The consumption, ingestion or inhalation of medical marijuana on or within the premises of a medical marijuana dispensary or cultivation facility is prohibited. These restrictions shall not apply to medicinal products such as tinctures . Sec. 15-4689. Prohibited acts. It shall be unlawful for any licensee to : ( 1 ) employ any person to manage a medical marijuana dispensary or cultivation facility or to dispense medical marijuana who is not a patient or primary caregiver at least twenty-one (21 ) years of age or who has a criminal history as described in Subseetiart § 15 -455 (a)(2) . (2) sell, give, dispense or otherwise distribute medical marijuana to anyone other than a patient or primary caregiver; (3 ) sell, give, dispense, or otherwise distribute to any patient or primary caregiver more than two (2) ounces per weekof any usable form of medical marijuana within any seven (7) day period of time ; (4) purchase or otherwise obtain from any source more than two (2) ounces per week of medical marijuana in any usable form within any seven (7) day period of time; from other di r cultivation fkifitics or any other source; (5) permit on the licensed premises any person other than : (a) the licensee, the licensee ' s manager, employees and financial interest holders ; (b) a patient in possession of a registry identification card or its functional equivalent under Section 14(3 )(d) of Amendment 20 ; (c) a minor patient accompanied by a parent or lawful guardian in possession of the minor patient's registry identification card; (d) a primary caregiver in possession of his or her patient's registry identification card or its functional equivalent under Section 14(3)(d) of Amendment 20 and the patient's written designation of said person as the patient's primary caregiver, as submitted to the Colorado Department of Public Health and Environment; (e) a person whose physical presence and assistance is necessary to assist a patient; - 14- (f) a person who is actively engaged in the maintenance, repair or improvement of the licensed premises or in the provision of accounting or other professional services directly related to the conduct of the licensee's medical marijuana business; or (g) law enforcement officers, inspectors and other officials or employees of any federal, state, or local government or agency engaged in the lawful performance of their official duties . (6) dispense medical marijuana in or upon its cultivation facility; (7) permit the sale or consumption of alcohol beverages on the licensed premises ; (8) post or allow to be posted signs or other advertising materials identifying cultivation facilities as being associated with the use or cultivation of marijuana. Sec. 15-46970. Visibility of activities ; control of emissions. (a) All activities of medical marijuana dispensaries and cultivation facilities, including, without limitation, cultivating, growing, processing, displaying, selling, and storage, shall be conducted indoors . (b) No medical marijuana or paraphernalia shall be displayed or kept in a dispensary or cultivation facility so as to be visible from outside the licensed premises . (c) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids , and other substances from exiting a dispensary or cultivation facility must be provided at all times . In the event that any odors, debris, dust, fluids or other substances exit a medical marijuana dispensary or cultivation facility, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state, and local laws and regulations . Sec. 15-4701 . Disposal of marijuana byproducts. The disposal of medical marijuana, byproducts and paraphernalia shall be done in accordance with plans and procedures approved in advance by the City Manager. - 15 - Sec. 15-47+2 . Deliveries of medical marijuana. Deliveries of medical marijuana and paraphernalia by licensees operating a medical marijuana delivery business, whether or not such business is conducted in conjunction with a local dispensary or cultivation facility, shall make such deliveries only to patients and primary caregivers and only in the amounts specified in § 15 - 4699(3 ) . All such deliveries shall be subject to the record keeping requirements contained in § 15 -47-34 . Sec. 15-4723 . Sales tax. Each licensee shall collect and remit City sales tax on all medical marijuana, paraphernalia, and other tangible personal property sold by the licensee at the medical marijuana dispensary. Sec. 15-4734. Required books and records . (a) Every licensee shall maintain an accurate and complete record of all medical marijuana purchased, sold or dispensed by the medical marijuana business in any usable form. Such record shall include the following : ( 1 ) the identity of the seller and purchaser involved in each transaction; (2) the total quantity of, and amount paid for, the medical marijuana•, and (3 ) the date, time and location of each transaction. (b) Every patient or primary caregiver shall provide to the licensee, and the licensee shall record, the following information for such books and records : ( 1 ) the patient or primary caregiver' s name, date of birth, and current street address, including city, state and zip code ; (2) the form of identification that was presented by the patient or primary caregiver, which may include any of the following, and the identifying number, if any, from such form: a. an identification card issued in accordance with Section 42-2-302, C .R. S . ; b . a valid state driver's license; c , a valid driver's license containing a picture issued by another state ; d. a military identification card; - 16- e. a valid passport; or f. an alien registration card. (3 ) a registry identification card or its functional equivalent under Section 14(3 )(d) of Amendment 20 and, in the case of a primary caregiver, the date the primary caregiver was designated by the patient for whom the medical marijuana was purchased. (c) Information provided to the licensee by a patient or primary caregiver under the provisions of this Section need not include any information regarding the patient' s physician or medical condition. (d) All transactions shall be kept in a numerical register in the order in which they occur. (e) All records required to be kept under this Article must be kept in the English language in a legible manner and must be preserved and made available for inspection for a period of three (3 ) years after the date of the transaction. Information inspected by Police Services or other City departments pursuant to this Article shall be used for regulatory and law enforcement purposes only and shall not be a matter of public record. Sec. 15-4745. Inspection of licensed premises. (a) During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by Police Services and all other City departments designated by the City Manager for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state and local laws or regulations . Said inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon request. (b) If a medical marijuana delivery business does not maintain a dispensary or cultivation facility within the territorial limits of the City, the licensee for such business shall, upon receipt of notification from the City, make available for inspection by the City all books and records of the medical marijuana business as required in said notice. For the purpose of this provision, notice of request for inspection shall be deemed received ten ( 10) days from the date of mailing of the notice to the licensee ' s address as shown on the license. Sec. 15-4756. Non-renewal, suspension, or revocation of license. e se . A determination by the eity Manager of non-renewal, suspension o - 17- ocation shall not be subject to administrative review but only to review by a cour of competent The City Manager may, after notice and hearing, suspend, revoke or refuse to renew a license for good cause . The City Manager is authorized to adopt rules and procedures governing the conduct of such hearings . Licensees requesting a hearing shall, at the time of filing the request, pay the City a fee in the amount of fifty dollars ($ 50 .) to defray the cost of the hearing. Sec. 15-4767. Violations and penalties. In addition to the possible denial, suspension, revocation or non-renewal of a license under the provisions of this Article, any person, including, but not limited to, any licensee, manager or employee of a medical marijuana business, or any customer of such business who violates any of the provisions of this Article, shall be guilty of a misdemeanor punishable in accordance with § 1 - 15 . Sec. 15-47-78. No City liability; indemnification . By accepting a license issued pursuant to this Article, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of dispensary owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations . By accepting a license issued pursuant to this Article, the licensee(s) jointly and severally, if more than one, agree to indemnify, defend, and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self- insurance pool against all liability, claims and demands on account of any injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever which arise out of or are in any manner connected with the operation of the medical marijuana business that is the subject of the license. Sec. 15-4789. Other laws remain applicable. To the extent the state has adopted or adopts in the future any additional or stricter law or regulation governing the sale or distribution of medical marijuana, the additional or stricter regulation shall control the establishment or operation of any medical marijuana business in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this article and non-compliance with any applicable state law or regulation shall be grounds for revocation of suspension of any license issued hereunder. Any licensee may be required to demonstrate, upon demand by the City Manager or by law enforcement officers , that the source and quantity of any marijuana found - 18- upon the licensed premises is in full compliance with any applicable state law or regulation. If the state prohibits the sale or other distribution of marijuana through medical marijuana dispensaries, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee . The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana. Sec. 15-4-7980. Severability. If any section, sentence, clause, phrase, word or other provision of this Article is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Article or the validity of this Article as an entirety, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision. Section 3 . That, until such date, if any, that is established by the City Council pursuant to the provisions of Section 8 (b) below, no application for approval of a medical marijuana business in the eity .shall be accepted by the City except applications for the licensing of an existing medical marijuana businesses. For the purposes of this Ordinance, an "existing medical marijuana business" shall mean a medical marijuana business that on or before December I I , 2009 , was issued a sales and use tax license by the City and that, on or before the effective date of this Ordinance, had actually thatwcrc established intfic eity and tf commenced operation. son or bcfbre the eff-ective date of this Ordinance . Section 4 . That any owner or operator of an existing medical marijuana business drat was established and commenced operations in the eity prior to Dcccn�bcr f f , -2009 , and had been issued a sales tax license by the eity for such business on or before said date, shall, on or before April 0 May 31 , 2010, submit an application for a license under the provisions of Section 15 -453 of the City Code as enacted by the adoption of this Ordinance, whether or not such owner or operator has previously obtained any other license or permit related to such business . Said application shall be submitted to the City in the same business name and owner' s name as appear on any other license or permit previously issued to such business by the City. If such application is for a location different than the present location of the medical marijuana business, said location must be consistent with the location requirements contained in Section 14-459 of the City Code, as enacted by the adoption of this Ordinance, and consistent with the zoning requirements contained in Ordinance No . 026, 20101 and, if the. If such application is approved by the City, the establishment of the medical marijuana business at such new location shall be subject to all relevant provisions and requirements of the Land Use Code . - 19- Section 5 . Any person owning or operating such an existing medical marijuana business in the City who fails to submit an application as required in Section 4 above, on or before Aprit 39May 31 , 2010, shall, as of 12 : 00 a.m. on May-June 1 , 2010, immediately cease operating said business until such time, if at all, that a new opportunity to submit an application for a license is made available by the City Council under Section 7 below and such license has been issued by the City. Section 6 . That any person who submits an application for an existing medical marijuana business under Section 4 above and is denied the issuance of such license for any reason other than failure to meet a location requirement contained in Section 15 -454 of the City Code, as enacted by the adoption of this Ordinance, or a zone district standard contained in the Land Use Code shall, immediately upon receipt of such notice of denial, cease operating said business . For the purpose of this provision, notice of denial shall be deemed to have been received ten ( 10) days from the date of mailing of the notice . Section 7 . That any existing medical marijuana business that was established and whose application for licensing is timely filed under Section 4 above and is approved by the City shall be issued a one-year provisional license and shall be subject to all of the provisions of Chapter 15 , Article XVI of the City Code, as enacted by the adoption of this Ordinance, except that: (a) the location requirements contained in Section 15 -454 and the zone district standards contained in Article IV of the Land Use Code shall not be applicable to such business pending further action by the City Council by ordinance; and (b) applicants for issuance of such licenses shall not be required to pay the annual license fee required under Section 15 -457 as enacted by the adoption of this Ordinance, until such time, if at all, that the City Council confirms by ordinance, after receiving the report and recommendation of the City Manager as required in Section 8 below, that the existing medical marijuana business for which a particular provisional license has been issued shall be permitted to remain in operation in its current location. All existing medical marijuana businesses approved by the City Council in their present locations shall then be issued a non-provisional license for the remainder of the term of the provisional license, upon payment of the annual license fee . Section 8 . That the City Manager is hereby directed to present for the City Council' s consideration, on or before August 1 , 2010, recommendations as to the following : a. whether to make the above referenced location requirements applicable to existing medical marijuana businesses ; that were established and %.otmnenced operations bcfbrc the effective date of this and b. when, if at all, the City should begin accepting applications for new medical marijuana businesses . that werc not established and in opem I tion on or bcfbre the eff-ective date of this Ordinance . -20- Section 9 . The knowing failure to cease operation of an existing medical marijuana business in violation of Section 5 or 6 of this Ordinance shall constitute the commission of a misdemeanor criminal offense by the licensee and manager of the medical marijuana business, punishable as provided in Section 1 - 15 of the City Code . Section 10 . That the moratorium imposed by Ordinance No . 128 , 2009 , shall expire as of the effective date of this Ordinance, and the provisions of Ordinance No . 128 , 2009 , shall thereafter be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D . 2010, and to be presented for final passage on the 16th day of March, A.D . 2010 , Mayor ATTEST : City Clerk Passed and adopted on final reading on the 16th day of March, A . D . 2010 . Mayor ATTEST : City Clerk -21 - ORDINANCE NO. 026, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO THE CITY LAND USE CODE RELATING TO MEDICAL MARIJUANA WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues pertaining to the distribution of medical marijuana in the City as they relate to the Land Use Code, and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments relating to medical marijuana dispensaries and related facilities are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code is hereby amended as follows: Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses (A) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized in subparagraphs (6) and (7) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; t (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility. (6) Such use is not specifically listed by name as a prohibited use in the zone district to which it is added, or if such use is prohibited, the proposed use is specific to the proposed site, is not considered for a text amendment under paragraph (B) below, and is specifically found by the Planning and Zoning Board to not be detrimental to the public good and to be in compliance with the requirements and criteria contained in Section 3.5.1; (7) Such use is not specifically listed as a "Permitted Use" in Article 4 and the proposed use is specific to the proposed site, is not considered for a text amendment under paragraph (B) below, and is specifically found by the Planning and Zoning Board to not be detrimental to the public good and to be in compliance with the requirements and criteria contained in Section 3.5.1. (See Section 2.9 for the procedures for text amendments.) Section 2. That Section 3.8.3 (10) of the Land Use Code is hereby amended by the addition of a new subparagraph(h) which reads in its entirety as follows: (10) A home occupation shall not be interpreted to include the following: (h) medical marijuana dispensaries or medical marijuana cultivation facilities, except that those dispensaries that were issued a home occupation license by the City prior to December 11, 2009 may continue to operate as an office use for two (2) years from the date of issuance of such license, provided that no medical marijuana in any form is kept on the premises and further provided that there is no cultivation of marijuana plants on the premises. Section 3. That Section 3.8.3(11) of the Land Use Code is hereby amended to read as follows: (11) A home occupation shall be permitted only after the owner or inhabitant of the dwelling in which such occupation is conducted has obtained a home occupation license from the city. The fee for such a license shall be the fee established in the Development Review Fee Schedule, and the term of such license shall be two (2) years. At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional fee. If the city is conducting an investigation of a violation 2 of this Land Use Code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previous license shall continue during the period of investigation. The Director may revoke any home occupation license issued by the City if the holder of such license is in violation of any of the provisions contained in subsections (1) through (8) or 10(h) of this Section, provided that the holder of the license shall be entitled to the administrative review of any such revocation under the provisions contained in Chapter 2, Article VI of the City Code. Section 4. That the table contained in Section 4.16(B)(2)(C) of the Land Use Code is hereby amended to read as follows: Land Use Old City Canyon Civic Center Center Avenue t F.n%.iM1h ='N}'+tm a..r ✓n Mgt.ti• }um a + §{y�21{' Sb y� y t v YMIN}�r,�,,( i i' ii}L} C�OMMERCIAL/RESTAIL #r �' z * .5 W91 Ca�IA , ,.,may @k4tc Medical marijuana dispensary BDR BDR BDR Section 5. That Section 4.17(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows: (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. Section 6. That Section 4.18(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph(f) which reads in its entirety as follows: (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. Section 7. That Section 4.19(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows: (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. Section 8. That Section 4.20(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph(f) which reads in its entirety as follows: 3 (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. Section 9. That Section 4.21(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows: (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. Section 10. That Section 4.22(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows: (f) Commercial/Retail Uses: 1. Medical marijuana dispensary. Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended by the addition of a new subparagraph(f) which reads in its entirety as follows: (f) Industrial uses: 1. Medical marijuana cultivation facility. Section 12. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the following new definitions which read in their entirety as follows: Medical marijuana cultivation facility or cultivation facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off-site from any medical marijuana dispensary and that is designated as part of the premises of a medical marijuana dispensary licensed pursuant to Chapter 15, Article XVI of the City Code. Medical marijuana dispensary or dispensary shall mean a property or structure used to sell, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to patients or primary caregivers pursuant to the authority contained in Amendment 20 to the Colorado Constitution and the implementing state statutes and administrative regulations. 4 Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage on the 16th day of March, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of March, A.D. 2010. Mayor ATTEST: City Clerk 5