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COUNCIL - AGENDA ITEM - 02/11/2014 - AMENDMENT 64 PROPOSED LOCAL REGULATIONS (RETAIL MA
DATE: STAFF: February 11, 2014 Ginny Sawyer, Policy and Project Manager Don Vagge, Police Deputy Chief WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Amendment 64 Proposed Local Regulations. EXECUTIVE SUMMARY The purpose of this work session is to provide Council specific options regarding recreational marijuana as allowed by Amendment 64. Amendment 64, allows local municipalities to permit retail marijuana establishments and to impose local restrictions on the time, place, manner and number of retail marijuana operations. Amendment 64 allows persons 21 years-of-age or older to legally possess up to one ounce of marijuana without a doctor’s recommendation and to grow up to six marijuana plants, provided the cultivation takes place in a locked and enclosed space. Local jurisdictions have the option to restrict where the cultivation of marijuana takes place, and to enact local prohibitions on public consumption. Following the November 26, 2013 work session, staff was asked to return for a follow-up work session with more detailed options for regulating recreational marijuana in Fort Collins. General agreement from the November work session included: Allowing retail marijuana businesses. Allowing only existing licensed Medical marijuana centers to apply for retail licenses. Developing retail requirements (similar/same as Medical establishments) upon which to base licensing. Requiring any Medical Center that receives a Retail License to maintain their Medical business. Prohibiting personal growing in multifamily, two-family, and single-family attached dwelling units. Prohibiting the display and transfer of marijuana in City parks and on other City-owned property. Adopting local ordinances prohibiting “open and public” consumption and consumption by persons under 21. Not pursuing regulations addressing consumption on private property. Staff is presenting options relates to the above direction and will incorporate Council direction into ordinances that will be brought for consideration on First Reading on March 4, 2014. The City of Fort Collins currently has a ban on all retail marijuana activity through March 31, 2014. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Retail Businesses 1. Which eligibility option does Council prefer for allowing existing medical marijuana centers to pursue a retail marijuana establishment license? 2. Which option for “conforming location” does Council support for the potential relocation of an existing medical marijuana business in order to pursue a retail marijuana establishment license? 3. Does Council support requiring businesses to maintain a medical marijuana business license and to co- locate the medical marijuana business and retail marijuana establishment? February 11, 2014 Page 2 4. Does Council support capping the number of retail marijuana establishments by limiting them to previously existing medical marijuana businesses? Personal Growing 5. Does Council support the proposed regulations? Personal Possession and Consumption 6. Does Council support the proposed regulations? BACKGROUND / DISCUSSION Amendment 64 Amendment 64 was approved by Colorado voters in November 2012. In general, the Amendment allows: People 21 years-of-age or older may legally possess, use, display, purchase, or transport one ounce or less of marijuana without a doctor’s recommendation. Anyone 21 years or older may possess, grow, process, or transport up to six marijuana plants, provided, however, that the cultivation of marijuana occurs in a locked and enclosed space. Local governments to opt out of retail marijuana entirely or opt in and enact local regulations. As required by Amendment 64, on September 9, 2013, the State adopted rules related to the Colorado Retail Marijuana Code. In November 2013, voters approved a 15% state excise tax and 10% state sales tax on retail marijuana sales.. Retail marijuana operations include and are defined as the following: Retail Marijuana Store May purchase marijuana from cultivation facilities and marijuana products from manufacturing facilities and sell to the public. Retail Marijuana Product Manufacturing Facility May purchase marijuana for the manufacture, preparation, and packaging of marijuana products. Products can be sold to retail stores or other manufacturing facilities, but not to the public. Retail Marijuana Testing Facility May analyze and certify the safety and potency of marijuana. Retail Marijuana Cultivation Facility May cultivate, prepare, and package marijuana for sale to a retail store or manufacturer, but may not sell to the public. The Planning and Zoning Board will be considering these definitions and their adoption into the Land Use Code on February 13, 2014. February 11, 2014 Page 3 Council Options Retail Businesses Retail Marijuana Stores: At the state level, licensed medical marijuana centers have the first option for obtaining retail marijuana business licenses. The State began accepting applications in October 2013 and began issuing licenses in January 2014, in those jurisdictions allowing retail businesses. Applications from anyone other than a licensed medical marijuana business cannot be accepted until July 2014, with licenses being issued in October 2014. State rules allow medical marijuana centers to convert entirely to retail or co-locate retail and medical by either: Having retail and medical in one storefront, with virtual separation (prohibits medical sales to anyone under 21.) Having complete physical separation of retail and medical sales (allows medical marijuana sales to medical marijuana patients under 21 years of age.) In Fort Collins, there are currently 11 licensed medical marijuana centers, with two applications still pending, bringing the total potential number of medical marijuana centers to thirteen. Although some of these businesses were allowed to remain in non-conforming locations through Initiative 301, the initiative establishes the following location requirements: 1000 feet from: CSU Schools Public Playgrounds 500 feet from: Child care centers Places of worship Public parks, pools, recreation facilities Halfway houses or rehab centers Medical Marijuana Centers in Existing Locations In considering eligibility for pursuing a retail marijuana license, staff has developed the following three options for medical marijuana businesses in their current locations: Option One Only allow licensed medical marijuana centers that meet Initiative 301 location requirements to apply for a retail license. (Potential of 7 businesses) Option Two Allow existing licensed medical marijuana centers that meet all of the Initiative 301 location requirements and add a 500 foot setback from residential zoning apply for a retail license. (Potential of 3 businesses) Option Three Allow existing licensed medical marijuana centers that meet all of the Initiative 301 setbacks except the 500 feet from places of worship apply for a retail license. (Potential of 8 businesses) February 11, 2014 Page 4 Medical Marijuana Centers that Relocate to Conforming Locations Staff has also considered options for medical marijuana centers to relocate to a conforming location to allow for the pursuit of a retail license. Outlined below are three location requirement options for relocating a business. Option One Must meet all Initiative 301 separation requirements. (1,321 acres of available land.) Option Two Meet all Initiative 301 separation requirements and add a 500 foot separation from residential zoning. (835 acres of available land.) Option Three Meet all Initiative 301 separation requirements and add a 500 foot separation from residential zoning and a 1000 foot separation between businesses. (760 acres of available land. Attachment 4) The options as presented only allow for existing medical marijuana businesses to apply for and obtain retail marijuana establishment licenses. Manufacturing and Cultivation Facilities These types of activities are currently regulated by both the State and local medical marijuana regulations. In previous regulations (pre-301), the City required that any cultivation or manufacturing facility within the City had to be associated with a local medical marijuana business. Staff is proposing that any retail cultivation or retail manufacturing facility have an existing retail store within the City. Testing Facility These facilities would be considered a research laboratory by current Land Use Code definitions. Staff does not anticipate the need for additional regulations since these facilities will not be growing, manufacturing, or selling any marijuana. The quantities on-site should also be minimal. Staff has proposed that any local retail businesses be required to test and label all their products. See Attachment 1 for additional proposed retail regulations. Marijuana Growing and Personal Use Amendment 64 allows adults to grow six plants “provided that the growing takes place in an enclosed, locked space, is not conducted openly and publicly, and is not made available for sale”; however, the law does not define these terms. Municipalities may consider better defining what constitutes an “enclosed, locked space” and “open and publicly” in their municipal codes. Growing Fort Collins currently allows medical marijuana patients and caregivers to grow up to 12 plants in single-family detached residences. Growing is prohibited in multifamily residences for health and safety reasons. Highlights of proposed regulations include the following: No cultivation in two-family, multifamily, or single-family attached dwellings. Cultivation could not occur in the open or be perceptible from the outside of a property. The use of compressed, flammable gases would be prohibited, as would all high-intensity lighting. The 12 plant limit for medical marijuana would remain in place, and would apply to recreational marijuana regardless of the number of inhabitants. February 11, 2014 Page 5 See Attachment 2 for full list of proposed regulations. Possession and Consumption Amendment 64 allows adults 21 and over to possess up to one ounce of marijuana. It prohibits “open and public” use of marijuana. Staff is offering local language to better define open and public consumption and to help with enforcement and allow violations to be written into our local municipal court which would allow for the implementation of a local fine schedule. See Attachment 3 for full list of proposed regulations. Staff has also drafted prohibitions on displaying or transferring marijuana on City owned property which includes parks, trails, and natural areas. Next Steps First Reading of regulatory ordinances is scheduled for March 4, 2014. This date allows all regulations to be in place prior to the end of the temporary ban. Additional Information The County has enacted regulations for retail marijuana establishments that are similar to the City’s existing medical and proposed retail regulations. Notable differences include a limit on the number of each business type (retail, cultivation, manufacturing, and testing facilities) to no more than two at any given time within unincorporated Larimer County. There are currently two retail applications approved and two cultivation applications under review. The County also prohibits the sale of edible products. The County, Colorado State University, and the Poudre School District have not yet considered their option to prohibit the display and transfer of marijuana on their property, but in reaching out, all are willing to consider taking this step. The Downtown Development Authority would also be willing. ATTACHMENTS 1. Proposed Retail MJ Regulations (PDF) 2. Proposed Personal Growing Regulations (PDF) 3. Proposed Personal Use Regulations (PDF) 4. Available Land North 2013 (PDF) 5. Available Land Middle 2013 (PDF) 6. Available Land South 2013 (PDF) 7. Powerpoint presentation (PDF) ATTACHMENT 1 1 PROPOSED REGULATIONS FOR LICENSING, NUMBER, LOCATION AND OPERATION OF RETAIL MARIJUANA ESTABLISHMENTS Retail marijuana store. No person may operate a retail marijuana store in the City without having obtained a license under the provisions of the City Code. Only a licensed medical marijuana center in good standing with state and local licensing authorities may be licensed as, or may operate, a retail marijuana store in the City. A retail marijuana store and medical marijuana center held by the same licensee shall be at the same location. All retail marijuana stores shall either prohibit the entrance of persons under the age of twenty-one (21) to the licensed premises, or shall physically separate the retail portion from the medical marijuana center. All retail marijuana stores shall affix labels to all containers on the licensed premises that hold retail marijuana or retail marijuana products, which labels shall clearly display potency profiles and contaminant results from licensed retail marijuana testing facilities. Retail marijuana cultivation facility. Only a City-licensed retail marijuana store may be licensed to operate a retail marijuana cultivation facility in the City. A licensee that operates an optional premises cultivation operation and a retail marijuana cultivation facility shall maintain either physical or virtual separation of the facilities, marijuana plants, marijuana inventory, and separate record keeping. All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. Retail marijuana products manufacturing facility. A licensee that operates a medical marijuana-infused products manufacturing business and retail marijuana products manufacturing facility shall maintain either physical or virtual separation of the facilities, product ingredients, product manufacturing, final inventory, and separate record keeping. All retail marijuana products manufacturing facilities shall have their production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. Retail marijuana testing facility. Any person who meets the requirements and who is not an owner of a retail marijuana cultivation facility, retail marijuana products manufacturing facility, a retail marijuana store, or a medical marijuana business may be licensed as, and may operate, a retail marijuana testing facility in the City. ATTACHMENT 1 2 Persons prohibited as licensees. any person who is at the time of application for a retail marijuana store, not currently licensed and in good standing under both the Colorado Medical Marijuana Code and the City Code for a medical marijuana center. any natural 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 the State would be a felony; or any crime of which fraud or intent to defraud was an element, whether in the State or elsewhere; any person whose criminal history renders them ineligible under Paragraph (2) above, or who employs another person at a retail marijuana establishment who has a criminal history that renders said person ineligible; any applicant who has made a false, misleading or fraudulent statement, or who has omitted pertinent information, on his or her application for a license; any applicant whose license for a medical or retail marijuana establishment in this State or any other state has been revoked. Location criteria. Retail marijuana businesses will be allowed only in the same zoning districts that currently allow medical marijuana businesses. No applicant shall be issued a retail marijuana store license if the proposed location is: within one thousand (1,000) feet of any private or public preschool, elementary, secondary, vocational or trade school; within five hundred (500) feet of: o any college or university, o any child care center, o any public or private park, pool, playground or recreation facility, o any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center, or o the boundary of any R-U-L, U-E, R-F, R-L, L-M-N, M-M-N, N-C-L, N-C-M, N-C-B or H-M-N residential zone district; o any place of worship or religious assembly; provided, however, that this subsection (f) shall not apply to a medical marijuana business or retail marijuana establishment in existence as of ______________, 2014. (optional) located upon any City property; or in a residential zone district; within five hundred (500) feet of a residential zone district; provided, however, that this subsection (5) shall not apply to a medical marijuana business or retail marijuana establishment in existence as of _____________, 2014. (optional) ATTACHMENT 1 3 The distances described above shall be computed by direct measurement in a straight line from the nearest property line of the land to the nearest portion of the building or unit in which the retail marijuana store is located. Signage and advertising. All signage and advertising for a retail marijuana store shall comply with all applicable provisions of this Code, the Land Use Code and state law. In addition, no advertising for marijuana or marijuana products shall be permitted on signs mounted on vehicles, hand- held or other portable signs, handbills, leaflets or other flyers directly handed to any person in a public place, left upon a motor vehicle or posted upon any public property or private property without consent of the property owner. This prohibition shall not apply to any advertisement contained within a newspaper, magazine or other periodical of general circulation within the City, or that is purely incidental to sponsorship of a charitable event by a retail marijuana establishment. Such signage and advertising must not be misleading, false, or infringe on any state or federal trademark. It shall be unlawful for any retail marijuana cultivation facility to post or allow to be posted signs or other advertising materials identifying the premises as being associated with the cultivation or use of marijuana. It shall be unlawful for any retail marijuana products manufacturing facility to post or allow to be posted signs or other advertising materials identifying the premises as being associated with the cultivation or use of marijuana. Prohibited acts. It shall be unlawful for any licensee to permit the sale or consumption of alcohol beverages, as defined in the Colorado Liquor Code, on the licensed premises. It shall be unlawful for any retail marijuana establishment to permit the sale of or transport to a retail marijuana store without contaminant and potency testing. It shall be unlawful for any retail marijuana cultivation facility or marijuana products manufacturing facility to operate in the City without also operating a retail marijuana store within the City. It shall be unlawful for any licensee to permit the consumption of retail marijuana or retail marijuana products on the licensed premises. It shall be unlawful for any licensee holding or for any agent, manager or employee thereof, to: o sell, give, dispense or otherwise distribute retail marijuana or retail marijuana products from any location other than the licensed premises; o sell, give, dispense or otherwise distribute any retail marijuana or retail marijuana products to persons under the age of twenty one (21); ATTACHMENT 1 4 It shall be unlawful for any licensee or for any agent, manager or employee to conduct the sale of retail marijuana by telephone, internet, or other means of remote purchase. It shall be unlawful for retail marijuana establishments to distribute marijuana or marijuana- infused products to a consumer free of charge. It shall be unlawful for any licensee to sell marijuana or marijuana products at a licensed retail marijuana store at any time other than between the hours of 8:00 a.m. and 7:00 p.m. daily. Visibility of activities; control of emissions. All activities of retail marijuana establishments, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted indoors. No retail marijuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the establishment at which the cultivation occurs. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a retail marijuana establishment must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a retail marijuana establishment, 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. ATTACHMENT 2 PROPOSED REGULATIONS FOR THE PERSONAL CULTIVATION OF MARIJUANA No marijuana cultivation shall be conducted openly or publicly. Marijuana cultivation shall not occur in detached outbuildings. No dwelling shall be used primarily as a place to cultivate marijuana. In no event shall more than twelve (12) marijuana plants of any size, or six (6) mature marijuana plants, be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. No marijuana plants may be cultivated within any dwelling unit in a two- family, multi-family or single-family attached dwelling. Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. The use of compressed gases and solvents for marijuana cultivation is prohibited. The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short-arc lamps, is prohibited. No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling at which the cultivation occurs. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a dwelling must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a dwelling 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. All marijuana cultivation shall take place in a locked and enclosed space. All marijuana products kept on premises where marijuana plants are grown shall be stored in a locked and enclosed space. No marijuana produced under this section shall be made available for sale. ATTACHMENT 3 PROPOSED REGULATIONS FOR THE CONSUMPTION AND POSSESSION OF MARIJUANA Any consumption of recreational or medical marijuana that is conducted openly and publicly is prohibited. No person under twenty-one (21) years of age shall consume or possess recreational marijuana. No person under twenty-one (21) years of age shall consume or possess medical marijuana unless he or she is a patient or primary caregiver in possession of a valid registry identification card pursuant to Article XVIII, Section 14 of the Colorado Constitution. No person shall possess more than one (1) ounce of recreational marijuana. No medical marijuana patient shall possess more than two (2) ounces of medical marijuana. Marijuana clubs are prohibited. FG FG FG FG FG FG FG FG ÕZYXW !"`$ !"`$ Prospect Rd Vine Dr Mulberry St Shields St College Ave Interstate 25 Timberline Rd Willox Ln Lincoln Ave Laporte Ave Riverside Ave Lemay Ave Taft Hill Rd Laurel St Mountain Vista Dr Remington St Mason St Howes St Elizabeth St Mountain Ave Summit View Dr 9th St County Road 50 County Road 48 Jefferson St Giddings Rd Turnberry Rd Lemay Ave Vine Dr Interstate 25 Vine Dr Taft Hill Rd Country Club Rd Available Land with Zoning and Marijuana Spacing Restrictions Businesses Based on Initiative 301 - North Area CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: January 28, 2014 FG Medical Marijuana Businesses Parcels Available Land - 760.28 Acres City Wide FG !"`$ !"`$ Prospect Rd Drake Rd Horsetooth Rd Shields St Taft Hill Rd College Ave Interstate 25 Timberline Rd Ziegler Rd Harmony Rd Mason St Lemay Ave B o ard w alk D r Strauss Cabin Rd Jo h n F K enn e d y Pk w y Remington St Interstate 25 Lemay Ave Landings Dr Troutman Pkwy Summit View Dr Riverside Ave County Road 38e County Road 38 Available Land with Zoning and Marijuana Spacing Restrictions Businesses Based on Initiative 301 - Middle Area CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: January 28, 2014 FG Medical Marijuana Businesses Parcels Available Land - 760.28 Acres City Wide City Limits - Area 0 0.1 0.2 0.3 0.4Miles FG FG FG FG !"`$ !"`$ Trilby Rd Shields St Lemay Ave Interstate 25 College Ave Taft Hill Rd Harmony Rd Carpenter Rd State Highway 392 Ziegler Rd Kechter Rd County Road 19 Strauss Cabin Rd Timberline Rd County Road 36 Ma s o n S t County Road 7 Ziegler Rd Interstate 25 Kechter Rd Timberline Rd County Road 36 County Road 9 County Road 11 County Road 11 Us Highway 287 County Road 13 Boardwalk Dr County Road 38 John F Kennedy Pkwy Kechter Rd Available Land with Zoning and Marijuana Spacing Restrictions Businesses Based on Initiative 301 - South Area CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: January 28, 2014 FG Medical Marijuana Businesses Parcels Available Land - 760.28 Acres City Wide City Limits - Area 0 0.1 0.2 0.3 0.4Miles 1 Ginny Sawyer, Project and Policy Manager Don Vagge, Deputy Chief Amendment 64 Proposed Local Regulations City Council Work Session February 11, 2014 2 Direction Sought Does Council support the proposed regulations included in the following areas: Retail Businesses. Personal Growing and Consumption. Use in City Owned Parks and Natural Areas. 3 Background City is working towards implementation of Amendment 64. Temporary ban on retail businesses expires March 31, 2014. State can accept retail applications only from licensed medical businesses until July 2014. 4 Background The City currently has the following: • 11 licensed medical marijuana centers • 1 center denied (appeal underway) • 2 centers pending approval • 11 licensed cultivation centers • 1 cultivation facility denied (appeal possible) • 3 cultivation facilities pending • 2 Manufacturing Infused Product (MIP) licenses 5 Initiative 301 Location Requirements 1000 feet from: 500 feet from: - CSU - Child Care Center - Public Playground - Place of Worship - Schools - Public park, pool, recreation facility - Halfway house, rehab center 6 Retail Marijuana Stores Eligibility Options 1. Allow existing licensed medical centers that meet all of the Initiative 301 setbacks to be eligible to apply for a retail license. (7) 2. Allow existing licensed medical centers that meet all of the Initiative 301 setbacks and add a 500 foot setback from residential zoning. (3) 3. Allow existing licensed medical centers that meet all of the Initiative 301 setbacks except 500 feet from places of worship. (8) 7 Retail Marijuana Stores Eligibility Options Allow non-conforming businesses to relocate to a conforming location to be eligible to apply for a retail license. Options: 1. Meet all Initiative 301 location requirements. 2. Meet all Initiative 301 requirements and add a 500 foot separation from residential zoning. 3. Meet all Initiative 301 requirements and add a 500 foot separation from residential zoning and a 1000 foot separation between businesses. 8 Retail Marijuana Stores Eligibility Options Require businesses that obtain a retail license to maintain a medical license and operate each business in the same location. (Dual license/co-locate.) 9 Manufacturing and Cultivation Require that any retail cultivation or retail manufacturing facility have a retail store within Fort Collins. 10 Number of Businesses The options as presented only allow for existing medical marijuana businesses to apply for and obtain retail marijuana establishment licenses. 11 Personal Growing • No cultivation in two-family, multifamily, or single- family attached dwellings. • No cultivation in the open or perceptible from the outside of a property. • Compressed, flammable gases prohibited, as well as all high-intensity lighting. • No more than 12 plants in any single-family dwelling. 12 Personal Use and Consumption • Prohibit displaying and/or transferring marijuana in City parks and Natural Areas. • Enact a local ordinance prohibiting open and public consumption. 13 Next Steps Temporary Ban expires March 31, 2014. First Reading of Related Ordinances March 4, 2014. 14 Direction Sought- Retail Businesses Which eligibility option does Council prefer for allowing existing medical marijuana centers to pursue a retail marijuana establishment license? Which option for “conforming location” does Council support for the potential relocation of an existing medical marijuana business in order to pursue a retail marijuana establishment license? 15 Does Council support requiring businesses to maintain a medical marijuana business license and to co-locate the medical marijuana business and retail marijuana establishment? Does Council support capping the number of retail marijuana establishments by limiting them to previously existing medical marijuana businesses? Direction Sought- Retail Businesses 16 Direction Sought Manufacturing and Cultivation Does Council support requiring retail cultivation or retail manufacturing facilities to have a retail store within Fort Collins? 17 Direction Sought Personal Growing Does Council support the proposed personal growing regulations? 18 Direction Sought Use and Consumption Does Council support the proposed use and cunsumption regulations? Scale 1:27,000 © ATTACHMENT 6 Scale 1:27,000 © ATTACHMENT 5 City Limits - Area 0 0.1 0.2 0.3 0.4Miles Scale 1:27,000 © ATTACHMENT 4