HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2014 - ITEMS RELATING TO RECREATIONAL MARIJUANAAgenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY March 4, 2014
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
Items Relating to Recreational Marijuana.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 038, 2014, Establishing Regulations for the Consumption and Possession
of Marijuana Within the City of Fort Collins and Prohibiting the Transfer or Display of Marijuana on City-
Owned Property.
B. First Reading of Ordinance No. 039, 2014, Establishing Regulations for the Cultivation of Marijuana.
C. Possible Action Items Related to the Licensing of Retail Marijuana Establishments:
OPTION A:
First Reading of Ordinance No. 040, 2014, Extending the Temporary Ban on Marijuana
Establishments within the City of Fort Collins.
OR
OPTION B:
First Reading of Ordinance No. 041, 2014, Adding a New Article XVII to Chapter 15 of the City Code to
Govern the Licensing, Number, Location and Operation of Retail Marijuana Establishments.
AND
First Reading of Ordinance No. 042, 2014, Making Amendments to the City of Fort Collins Land Use
Code in Order to Accommodate Retail Marijuana Establishments in the City.
The purpose of this item is to regulate the personal use and growing of marijuana as allowed under
Amendment 64 and to either extend the ban on retail marijuana establishments or to adopt regulations for such
businesses. At the February 11, 2014 Work Session, Council requested the following options be brought
forward:
Proceed with the local ordinances addressing the personal use and growing of recreational marijuana.
Extend the temporary ban for 2 years; or
Enact regulations governing retail marijuana establishments with options to either allow or prohibit edibles
with the exception of tinctures and oils.
A temporary ban on retail marijuana establishments went into effect in September 2013 and is scheduled to
expire on March 31, 2014. If the ordinance extending the temporary ban is adopted on Second Reading, the
ban will be extended until March 31, 2016. If the ordinance allowing retail establishments is adopted on
Second Reading, it would take effect prior to the expiration of the existing temporary ban.
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STAFF RECOMMENDATION
Staff recommends the adoption of Ordinance Nos. 038, 2014 and 039, 2014 addressing the personal use,
consumption and growing of recreational marijuana.
Based on the potential impacts on youth health and well-being, the cash nature of such businesses, and the impact
that such businesses may have on the City’s reputation, staff is recommending the extension of the temporary
ban for 2 years.
BACKGROUND / DISCUSSION
Amendment 64
With voter approval of Amendment 64 in November 2012, communities throughout Colorado have been
adopting local regulations to either ban or allow retail marijuana establishments. Fort Collins is in a unique
position because Initiative 301 which reinstated medical marijuana businesses, was approved at the same
time. Since November 2012, staff has been working diligently to re-license previous medical marijuana
centers and to provide Council with local options to address retail marijuana in our community.
Amendment 64 allows the following:
Adults 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.
Adults 21 years-of-age 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 may opt out of allowing retail marijuana establishments or they may opt in and enact
local regulations.
Currently the City has:
11 licensed medical marijuana centers with 2 applications pending approval
11 licensed cultivation centers with 3 applications pending approval
2 licensed Manufacturing Infused Product facilities.
Proposed Ordinances
Ordinance No. 038, 2014 addresses personal consumption and possession and prohibitions on the display
and transfer of marijuana.
Amendment 64 allows adults 21 and over to possess up to one ounce of marijuana. It prohibits “open and
public” use of marijuana. This ordinance provides local language to better define open and public
consumption, to help with enforcement, and to allow violations to be written into our local municipal court.
Amendment 64 (the constitutional provision governing recreational marijuana) prohibits the open and public
consumption of recreational marijuana, whereas Amendment 20 (the constitutional provision governing
medical marijuana) prohibits the consumption of medical marijuana that is in plain view of, or in a place open to
the general public. In order to make these provisions consistent, the proposed ordinance governing
recreational marijuana defines “openly” as “perceptible from a place that is open to the general public” and
“publicly” as “occurring on any publicly owned property, or any non-residential property that is open to the
general public,” and the proposed ordinance governing medical marijuana reflects the Amendment 20
language “in plain view of or in a place open to the public.”
Adults 21 years-of-age and older are allowed to possess up to one ounce of recreational marijuana and
medical marijuana patients are allowed to possess up to two ounces of medical marijuana.
The ordinance also prohibits displaying or transferring marijuana on City owned property which includes parks,
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trails, natural areas, streets and sidewalks.
Ordinance No. 039, 2014 addresses the residential growing of recreational marijuana for 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 or publicly, and is not made available for sale.” However, the state law does
not define these terms. The proposed ordinance defines what constitutes an “enclosed, locked space” and
“open and publicly.”
Fort Collins currently allows medical marijuana patients and caregivers to grow up to 12 plants in single-family
detached residences. Growing is prohibited in multi-family residences for health and safety reasons.
Highlights of this ordinance include:
No cultivation in two-family, multifamily, or single-family attached dwellings.
Cultivation may 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.
With regard to the licensing of retail marijuana establishments, the choices available to the Council are to:
- Do nothing, in which case the effect of that “default” to the state would have to be further analyzed;
- Refer to the voters the question of whether to allow such establishments in the City;
- Extend the temporary ban for the purpose of further study;
- Adopt regulations under which the establishments would be licensed and regulated.
Staff is providing Council with ordinances that would either extend the ban for two more years or amend the
City Code to allow for licensing and regulation.
Option A: Ordinance No. 040, 2014, extends the existing temporary ban for two years.
Based on Council discussion, a two-year extension would provide a reasonable amount of time to observe
impacts in those communities licensing and regulating retail marijuana establishments. Based on those
impacts and any additional studies that may occur in the two-year timeframe, Council could then make a more
informed decision regarding retail marijuana businesses.
Council could also opt to extend the ban long enough to put an item on the November ballot related to the
allowance of retail marijuana stores.
Option B: Ordinance No. 041, 2014, allows and regulates retail marijuana establishments.
Specifically, the proposed ordinance allows all existing licensed medical marijuana centers in good standing to
apply for and receive a retail marijuana store license at its same location on the condition it maintains both the
retail and medical license.
Should an existing medical marijuana center in good standing wish to relocate and seek a retail marijuana
store license, the ordinance requires the location to meet the following:
1000 feet from:
CSU
Schools
Public Playgrounds
Medical or Retail marijuana stores
500 feet from:
Child care centers
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Places of worship
Public parks, pools, recreation facilities
Halfway houses or rehab centers
Residential Zoning
The proposed ordinance also contains an option for either allowing or banning the sale of edible products in
retail marijuana establishments and an option for requiring a licensed retail marijuana store that is also
operating a medical marijuana center to limit sales to those 21 and over.
Edible marijuana products are allowed in medical marijuana centers. The City cannot change the availability of
these products to medical marijuana patients. Larimer County has banned the sale of retail edible products.
Both retail stores in the County will be maintaining their medical marijuana business licenses.
The state addresses the protection of persons under age 21 from retail edible products in the rules and
regulations as follows:
Packaging may not be designed to appeal to children. A retail marijuana establishment shall place no
stickers or labeling on a container holding retail marijuana, retail marijuana concentrates, or retail
marijuana product in a manner that specifically targets individuals under the age of 21, including but not
limited to, cartoon characters or similar images.
A retail marijuana establishment must ensure that each retail marijuana product is placed within a
container prior to sale to a consumer. If the container is not child-resistant, the retail marijuana store must
place the container within an “exit package” that is child-resistant. An exit package is “a sealed container or
package provided at the retail point of sale, in which any retail marijuana or retail marijuana product
already within a container are placed.”
Required warning statements include “This product is intended for use by adults 21 years and older. Keep
out of the reach of children.”
Should Council opt to allow the sale of retail edibles, the above would apply, as would our local labeling
requirement which states that all retail marijuana stores shall affix labels to all containers on the licensed
premises that hold retail marijuana or retail marijuana products and shall clearly display potency profiles and
contaminant results from licensed retail marijuana testing facilities. This is more restrictive then the state law in
that we are requiring all retail marijuana and retail marijuana products to be tested.
The state is also imposing the following advertising restrictions to protect persons under the age of 21:
Television / Radio / Print / Internet / Event Sponsorship restrictions include not utilizing these types of
advertising unless there is reliable evidence that no more than 30 percent of the audience is reasonably
expected to be under the age of 21.
Retail marijuana establishments shall not include in any form of advertising or signage any content that
specifically targets individuals under the age of 21, including but not limited to cartoon characters or similar
images.
Retail marijuana establishments shall not engage in advertising via marketing directed towards location-
based devices, including, but not limited to cellular phones, unless the marketing is a mobile device
application installed on the device by the owner of the device who is 21 years of age or older and includes
a permanent and easy opt-out feature.
If Council chooses to allow retails marijuana establishments, then the following ordinance making changes to
the Land Use Code would also need to be adopted.
Ordinance No. 042, 2014 makes amendments to the Land Use Code to define and regulate retail marijuana
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establishments.
The amendments identify the appropriate zones for retail marijuana establishments (which are proposed to be
the same zones where the equivalent medical marijuana uses are currently permitted), add definitions, and
prohibit such businesses from the “addition of permitted use” process.
FINANCIAL / ECONOMIC IMPACT
The allowance of retail marijuana establishments would bring additional sales tax as well as a percentage of
state share back money to the City. These amounts are difficult to determine at this point.
The City would also see an increase in cost for enforcement and implementation of a retail marijuana system.
BOARD AND COMMISSION RECOMMENDATION
The Planning and Zoning Board approved a recommendation to make the following Land Use Code
amendments:
Adding definitions for Retail Marijuana Store, Retail Marijuana Cultivation Facility, and Retail marijuana
Product Manufacturing Facility.
Adding the above uses to the same zones in which like medical marijuana uses are allowed.
Prohibiting retail marijuana facilities from the “Addition of Permitted Use” process.
PUBLIC OUTREACH
Outreach was conducted at a Community Forum held in October 2013. Feedback was also solicited and
received on line through IdeaLab.
ATTACHMENTS
1. Powerpoint presentation (PPTX)
1
Ginny Sawyer, Project and Policy Manager
Marijuana Staff Team
Proposed Ordinances Addressing
Retail and Recreational Marijuana
City Council Meeting
March 4, 2014
2
Proposed Ordinances
Personal Use and Consumption:
§ Regulations for the Cultivation of Marijuana
§ Regulations for Consumption and Possession and
Prohibitions on Transfer and Display
3
Proposed Ordinances
Retail Businesses:
Option A: Extend Moratorium
Option B: Allow Retail Marijuana Businesses
- include the sale of edible products
- ban the sale of edible products
- require retail businesses to co-locate
with the medical business
If Option B: Amendments to the Land Use Code
4
Background
Amendment 64 allows:
• Adults 21 years-of-age or older may legally
possess, use, display, purchase, or transport one
ounce or less of marijuana.
• Adults 21 years or older may possess, grow,
process, or transport up to six marijuana plants.
• Local governments can opt out of retail marijuana
entirely or opt in and enact local regulations.
5
Ordinance No. 039, 2014- Cultivation
• 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.
6
Ordinance No. 038, 2014 – Personal
Use
§ Defines and clarifies marijuana use and
possession for both recreational and medical
marijuana.
§ Prohibits underage consumption.
§ Prohibits marijuana clubs.
§ Regulates possession amounts for both
recreational and medical marijuana.
7
Ordinance No. 038, 2014 – Display
and Transfer
Prohibits displaying or transferring marijuana on
City owned property which includes:
§ Parks
§ Trails
§ Natural areas
§ Streets and sidewalks
8
Option A – Extend Ban
Extends Existing Moratorium for Two Years.
§ Allow time to see what happens in other
communities.
§ Allow time for potential studies that would provide
Council additional information.
9
Option B – Allow and Regulate
§ All existing licensed medical marijuana centers
may apply for a retail license.
§ Requires any business obtaining a retail license to
maintain their medical license in the same
location.
§ Option to limit sales to those over 21.
10
Option B – Allow and Regulate
Location requirements:
1000 feet from:
• CSU
• Schools
• Public
Playgrounds
• Medical or Retail
marijuana stores
500 feet from:
• Child care centers
• Places of worship
• Public parks, pools,
recreation facilities
• Halfway houses or
rehab centers
• Residential Zoning
11
Option B – With or Without Edibles
Banning the sales of edibles in retail stores:
§ Could limit availability of edibles to minors.
§ Larimer County bans sales.
§ Ban would not impact sale of medical
marijuana edibles.
12
Option B – With or Without Edibles
Allowing Edibles:
§ State: Packaging may not be designed to
appeal to children and requires warning labels.
§ City: Requires testing and labeling of all
products.
13
Ordinance No. 042, 2014 –
Amendments to LUC
Amends the Land Use Code with regard to retail
marijuana.
• Adds definitions for Retail Marijuana Store, Retail marijuana
Cultivation Facility, and Retail Marijuana Product
Manufacturing Facility.
• Adds the above uses to the same zones in which like
medical marijuana uses are allowed.
• Prohibits retail marijuana facilities from the “Addition of
Permitted Use” process.
14
Current Medical Marijuana Facilities
• 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
15
Comment and Discussion
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ORDINANCE NO. 038, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING REGULATIONS FOR THE CONSUMPTION AND
POSSESSION OF MARIJUANA WITHIN THE CITY OF FORT COLLINS AND
PROHIBITING THE TRANSFER OR DISPLAY OF MARIJUANA ON
CITY-OWNED PROPERTY
WHEREAS, on November 6, 2012, Colorado voters approved an amendment to Article
XVIII, Section 16 of the Colorado Constitution (Amendment 64), that makes the personal use,
possession, transfer and display of marijuana legal under Colorado law for adults twenty-one
years of age or older; and
WHEREAS, Amendment 64 also prohibits any consumption of marijuana that is
conducted openly and publicly, but does not define such terms; and
WHEREAS, City staff recommends that the City Code be amended to define such terms
to ensure the effective and proper enforcement of the limitations set forth in Amendment 64: and
WHEREAS, Amendment 64 allows the City to prohibit or otherwise regulate the transfer
and display of marijuana on property that it owns; and
WHEREAS, the City of Fort Collins has the authority to enact ordinances which are
necessary and proper to provide for the health, safety and welfare of the inhabitants of the City
not inconsistent with the laws of this state; and
WHEREAS, City staff recommends that to better ensure the health, safety and welfare of
the citizens of Fort Collins, the City should prohibit the transfer or display of marijuana on any
City-owned property, including office buildings, public parks, natural areas, City streets and
sidewalks; and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Chapter 17 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article XI which reads in its entirety as follows:
ARTICLE XI.
OFFENSES INVOLVING MARIJUANA
Sec. 17-190 Definitions.
Marijuana shall mean medical or recreational marijuana.
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Marijuana club shall mean any place of private assembly used by members and their
guests for the primary purpose of consuming marijuana and/or marijuana products.
Medical marijuana shall mean marijuana that is grown and sold pursuant to the
provisions of the Colorado Medical Marijuana Code for a purpose authorized by Article
XVIII, Section 14 of the Colorado Constitution.
Marijuana products shall mean concentrated marijuana products and marijuana products
that are comprised of marijuana and other ingredients that are intended for use or
consumption such as, but not limited to, edible products, ointments, and tinctures.
Openly shall mean perceptible from a place that is open to the general public.
Place of private assembly shall mean a non-residential property where people assemble
for a common purpose, such as a social or cultural purpose including, but not limited to, a
community center, auditorium, exhibition/assembly hall, club, or fraternal organization.
Publicly shall mean occurring on any publicly owned property, or any non-residential
property that is open to the general public, including, but not limited to, roadways,
transportation facilities, offices, retail stores, restaurants, places of amusement, parks,
playgrounds, and the common areas of public buildings and facilities.
Recreational marijuana shall mean marijuana that is grown and sold pursuant to the
provisions of the Colorado Retail Marijuana Code for a purpose authorized by Article
XVIII, Section 16 of the Colorado Constitution.
Sec. 17-191. Consumption and possession of marijuana.
(a) Any consumption of recreational marijuana that is conducted openly and publicly
is prohibited.
(b) Any consumption of medical marijuana that is in plain view of, or in a place open
to, the general public is prohibited.
(c) No person under twenty-one (21) years of age shall consume or possess
recreational marijuana.
(d) 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.
(e) No person shall possess more than one (1) ounce of recreational marijuana or
more than two (2) ounces of medical marijuana.
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Sec. 17-192. Marijuana clubs prohibited.
Marijuana clubs are prohibited.
Sec. 17-193 Transfer or display of marijuana on city-owned property prohibited.
It shall be unlawful for any person to transfer or display marijuana on city-owned
property, including, without limitation, office buildings, public parks, natural areas, and
City streets and sidewalks.
Section 2. That Section 23-193(a)(16)e. of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 23-193. Prohibited acts; permits.
(a) It shall be unlawful to:
. . .
(16) Violate the following in any natural area:
a. Division 5 of Chapter 4, regarding control of animals;
b. Chapter 9, regarding fire prevention and protection;
c. Chapter 11, regarding hazardous materials transportation;
d. Section 12-37, prohibiting tampering with refuse or rubbish
containers;
e. Chapter 17, regarding miscellaneous offenses, including without
limitation the discharge of weapons, trespass, loitering and
disturbing the peace and the transfer or display of marijuana; and
f. Chapter 23.5, regarding special events.
. . .
Section 3. That Section 23-203(a)(15)e. of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 23-203. Prohibited acts; permits.
(a) It shall be unlawful to:
. . .
(15) Violate the following in any recreation area:
a. Division 5 of Chapter 4, regarding control of animals;
b. Chapter 9, regarding fire prevention and protection;
c. Chapter 11, regarding hazardous materials transportation;
d. Section 12-20, prohibiting tampering with refuse or rubbish
containers;
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e. Chapter 17, regarding miscellaneous offenses, including without
limitation the discharge of weapons, trespass, loitering and
disturbing the peace, and the transfer or display of marijuana;
f. Chapter 23.5, regarding special events; and
g. Fort Collins Traffic Code or Chapter 28, regarding vehicles and
traffic.
. . .
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 1 -
ORDINANCE NO. 039, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING REGULATIONS FOR THE CULTIVATION OF MARIJUANA
WHEREAS, on November 6, 2012, Colorado voters approved an amendment to Article
XVIII, Section 16 of the Colorado Constitution (Amendment 64), that legalizes, under Colorado
law, the personal use, possession and limited cultivation of recreational marijuana for adults
twenty-one years of age or older; and
WHEREAS, Amendment 64 requires that the cultivation of recreational marijuana for
personal use take place in an enclosed, locked space, but does not define such terms; and
WHEREAS, City staff recommends that the City Code be amended to define “enclosed,
locked space” to ensure the effective and proper enforcement of the limitations set forth in
Amendment 64; and
WHEREAS, Chapter 15, Article XVII of the City Code currently regulates the cultivation
of medical marijuana by patients and primary caregivers in dwellings; and
WHEREAS, City staff has recommended that, in light of the passage of Amendment 64,
such regulations be repealed in their entirety and be re-written into Chapter 12 of the City Code
to address the cultivation and consumption of both medical and recreational marijuana; and
WHEREAS, the City Council is authorized to adopt this Ordinance under Article XX of
the Colorado Constitution and Amendment 64; and
WHEREAS, additional authority to adopt this Ordinance is found in the Local
Government Land Use Control Enabling Act, Section 29-20-101, C.R.S.; Section 31-23-101,
C.R.S. (municipal zoning powers); and Section 31-15-501, C.R.S. (municipal authority to
regulate businesses); and
WHEREAS, the City Council has determined that these proposed amendments to the
City Code are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Chapter 12 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article IX which reads in its entirety as follows:
ARTICLE IX.
CULTIVATION OF MARIJUANA
Sec. 12-140. Scope and purpose.
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These rules govern the cultivation of marijuana in the City.
Sec. 12-141. Definitions.
Dwelling shall mean a building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family dwellings and
multi-family dwellings. The term dwelling shall not include hotels, motels, tents or other
structures designed or used primarily for temporary occupancy.
Enclosed space shall mean an area having a roof and all sides closed to the weather and
able to be locked to prevent unauthorized entry.
Locked shall mean secured so as to prevent access.
Marijuana products shall mean either concentrated marijuana products or marijuana
products that are comprised of marijuana and other ingredients and intended for use or
consumption, such as, but not limited to, edible products, ointments, and tinctures.
Openly shall mean perceptible from a place that is open to the general public.
Publicly shall mean occurring on any publicly owned property, or on any non-residential
property open to the general public, including any place to which the public or a
substantial number of the public have access without restriction, including, but not
limited to, roadways, transportation facilities, offices, retail stores, restaurants, places of
amusement, parks, playgrounds, and the common areas of public buildings.
Public right-of-way shall mean any street, avenue, boulevard, road, highway, sidewalk,
alley or similar place that is leased, owned or controlled by a governmental entity.
Single-family attached dwelling shall mean a single-family dwelling attached to one (1)
or more dwellings or buildings, with each dwelling located on its own separate lot.
Single-family dwelling shall mean a dwelling containing no more than one (1) dwelling
unit.
Two-family dwelling shall mean a dwelling containing two (2) dwelling units.
Multi-family dwelling shall mean a dwelling containing three (3) or more dwelling units,
not including hotels, motels, fraternity houses and sorority houses and similar group
accommodations.
Sec. 12-142. Marijuana cultivation.
(a) Cultivation, generally.
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(1) No marijuana cultivation shall be conducted openly or publicly.
(2) Marijuana cultivation shall comply with all applicable requirements of the
laws and regulations of the City and the state.
(3) Marijuana cultivation shall not occur in detached outbuildings.
(4) In no event shall a person cultivating marijuana pursuant to this Article
keep, cultivate or process more marijuana than such person is entitled to possess
under Article XVIII, Sections 14 or 16 of the Colorado Constitution.
(5) All marijuana cultivation shall take place in a locked and enclosed space.
(6) All marijuana products kept on premises where marijuana plants are
grown shall be stored in a locked and enclosed space.
(7) No marijuana produced under this section shall be made available for sale.
(b) Cultivation within dwellings.
(1) No dwelling shall be used primarily as a place to cultivate marijuana.
(2) 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.
(3) No marijuana plants may be cultivated within any dwelling unit in a two-
family, multi-family or single-family attached dwelling.
(4) Marijuana cultivation shall not be perceptible from the exterior of the
dwelling in which the cultivation occurs.
(5) The use of compressed gases and solvents for marijuana cultivation is
prohibited.
(6) 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.
(7) 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
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and means of preventing the escape of such substances from a dwelling must be
provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or
glare or other substances exit a dwelling, the owner of the subject premises shall
be liable for such conditions and shall be responsible for immediate, full clean-up
and correction of such condition. The owner 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. In the
event there is a lessee of the subject premises, the owner and the lessee shall be
jointly and severally liable for such conditions.
Sec. 12-143. Violations and Penalties.
Any person who violates any of the provisions of this Article shall be guilty of a
misdemeanor criminal offense punishable in accordance with § 1-15 of this Code.
Section 2. That Chapter 15, Article XVII is hereby repealed in its entirety.
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 18th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 040, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS
WITHIN THE CITY OF FORT COLLINS
WHEREAS, on November 6, 2012, Colorado voters approved an amendment to the state
constitution that added Article XVIII, Section 16 to the constitution (“Amendment 64”); and
WHEREAS, Amendment 64 makes the personal use, possession, transfer and display of
marijuana legal under Colorado law for adults twenty-one years of age or older; and
WHEREAS, Amendment 64 also allows for the licensing of marijuana cultivation
facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail
marijuana stores (collectively “Marijuana Establishments”); and
WHEREAS, under Article XVII, Section 16(5)(e)(g)&(h), if the state fails to issue a
license within ninety (90) days of an application being filed, an applicant for a Marijuana
Establishment license may submit the application directly to the City; and
WHEREAS, under Article XVIII, Section 16(5)(f), the City may prohibit the operation of
Marijuana Establishments within its territorial limits; and
WHEREAS, on September 17, 2013, City Council adopted an ordinance establishing,
until March 31, 2014, a temporary ban on Marijuana Establishments within the City; and
WHEREAS, the purpose of the temporary ban was to allow City staff sufficient time to
develop proposed regulations after reviewing and considering the Department of Revenue’s final
rules, analyzing the outcomes of the November 2013 ballot question, and conducting public
outreach to determine the desires of the adult residents in the City; and
WHEREAS, City staff has conducted such outreach and drafted proposed regulations for
the City Council’s consideration; and
WHEREAS, certain members of the public, as well as Colorado State University, Poudre
School District, and the Colorado Health District, among others, have voiced concerns about
allowing retail marijuana establishments in our community; and
WHEREAS, in addition, the City Manager has expressed concerns about the operation of
Marijuana Establishments in the City, including the cash nature of such businesses, their impact
on youth health and well-being, and the impact that such businesses may have on the City’s
reputation; and
WHEREAS, for the foregoing reasons, City staff believes it would be in the best interests
of the City to extend the temporary ban for a period of two years in order to allow for
consideration of additional studies that may enable staff and Council to better understand the
potential impacts of retail marijuana establishments on our community; and
- 2 -
WHEREAS, the City Council believes that such a temporary ban is reasonably necessary
to protect the health, safety and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the recitals of this Ordinance are hereby adopted by the City Council
as findings of fact.
Section 2. That, for the foregoing reasons, there is hereby imposed, as of midnight
March 31, 2014, a temporary ban on the acceptance, processing, and approval of any retail
marijuana establishment application for any City of Fort Collins license pertaining to marijuana
establishments. This temporary ban shall automatically terminate at midnight on March 31,
2016, unless terminated earlier by the City Council or extended by the enactment of another
ordinance.
Section 3. That this Ordinance shall control over any conflicting ordinance of the
City, but only to the extent of the conflict.
Section 4. That if any section, paragraph, sentence, clause or phrase of this
Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of and shall be severable from the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each
part or parts hereof irrespective of the fact that any one part or parts may be declared
unconstitutional or invalid.
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 3 -
Passed and adopted on final reading on the 18th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 041, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADDING A NEW ARTICLE XVIII TO CHAPTER 15 OF THE CODE OF THE
CITY OF FORT COLLINS TO GOVERN THE LICENSING, NUMBER, LOCATION
AND OPERATION OF RETAIL MARIJUANA ESTABLISHMENTS
WHEREAS, on November 6, 2012, Colorado voters approved an amendment to the state
constitution that added Article XVIII, Section 16 to the constitution (“Amendment 64”); and
WHEREAS, Amendment 64 allows for the licensing of marijuana cultivation facilities,
marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana
stores; and
WHEREAS, on May 28, 2013, the governor signed House Bill 13-1317 into law enacting
Title 12-43.3-201 of the Colorado Revised Statutes (“The Colorado Retail Marijuana Code”),
which regulates the cultivation, manufacture, distribution, sale and testing of retail marijuana and
retail marijuana products as a matter of state-wide concern; and
WHEREAS, the Colorado Retail Marijuana Code sets up a state licensing system for
retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation
facilities, retail marijuana product manufacturers, and retail marijuana testing facilities; and
WHEREAS, the Colorado Retail Marijuana Code states that no retail marijuana
establishment licenses for previously existing medical marijuana businesses shall be effective
until January 1, 2014; and
WHEREAS, Amendment 64 and the Colorado Retail Marijuana Code authorize counties
and municipalities in Colorado to prohibit retail marijuana establishments or to regulate the time,
place, and manner in which such establishments may operate; to limit the total number of retail
marijuana establishments; and to adopt regulations consistent with the intent of the state law that
are more restrictive than the state’s; and
WHEREAS, on September 17, 2013, the City Council adopted an ordinance establishing,
until March 31, 2014, a temporary ban on marijuana establishments within the City; and
WHEREAS, the purpose of the temporary ban was to allow City staff sufficient time to
develop proposed regulations after reviewing and considering the Department of Revenue’s final
rules, analyzing the outcomes of the November 2013 ballot questions, and conducting public
outreach to determine the desires of the adult residents in the City; and
WHEREAS, City staff has conducted such outreach and has extensively reviewed the
Colorado Retail Marijuana Code and the rules and regulations promulgated thereunder, and
recommends the following local regulations to govern the licensing, number, location and
operation of retail marijuana establishments; and
- 2 -
WHEREAS, the City Council has reviewed these staff recommendations and has
concluded that the recommended regulations are in the best interests of the City and necessary to
protect the health, safety and welfare of the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Chapter 15, Article XVII of the Code of the City of Fort Collins is hereby
amended by the addition of a new section to read as follows:
ARTICLE XVII.
RETAIL MARIJUANA
DIVISION I. IN GENERAL
Sec. 15-601. Purpose.
(The purpose of this Article is to implement the provisions of Article 43.4 of Title 12,
C.R.S., known as the Colorado Retail Marijuana Code.
Sec. 15-602. Incorporation of state law.
The provisions of the Colorado Retail Marijuana Code, and any rules and regulations
promulgated thereunder, are incorporated herein by reference except to the extent that
more restrictive or additional regulations are set forth in this Article.
Sec. 15-603. Definitions.
(a) The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
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, directors and shareholders of such entity.
Colorado Retail Marijuana Code shall mean Title 12, Article 43.4 of the Colorado
Revised Statutes and any rules or regulations promulgated thereunder.
Cultivate or cultivation shall mean the process by which an individual grows a marijuana
plant.
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.
License shall mean a document issued by the City officially permitting an applicant to
operate a retail marijuana business pursuant to this Article.
- 3 -
Licensed premises shall mean the premises specified in an application for a license under
the provisions of this Article, the Colorado Retail Marijuana Code, and rules and
regulations promulgated thereunder, that are owned or in the possession of the licensee
and within which the licensee is permitted to cultivate, manufacture, distribute, sell, or
test retail marijuana in accordance with this Article.
Licensee shall mean the person to whom a license has been issued pursuant to this
Article.
Medical marijuana business or business shall mean a medical marijuana center, optional
premises cultivation operation or medical marijuana-infused products manufacturer as
defined in the Colorado Medical Marijuana Code.
Marijuana products shall mean concentrated marijuana products and marijuana products
that are comprised of marijuana and other ingredients that are intended for use or
consumption such as, but not limited to, edible products, ointment and tinctures.
Owner shall mean the person or persons who have a controlling interest in a retail
marijuana establishment license, bear a risk of loss other than as an insurer, have an
opportunity to gain profit from the operation or sale of the establishment, and have a
controlling interest in the license issued to such establishment.
Person shall mean a natural person, partnership, association, company, corporation,
limited liability company, or organization, or a manager, agent, owner, director, servant,
officer, or employee thereof; provided, however, that person shall not include any
governmental organization.
Retail marijuana shall mean marijuana that is grown and sold pursuant to the Colorado
Retail Marijuana Code.
Retail marijuana establishment or establishment shall mean a retail marijuana cultivation
facility, a retail marijuana testing facility, a retail marijuana product manufacturing
facility, or a retail marijuana store as defined in the Colorado Retail Marijuana Code.
Retail marijuana cultivation facility shall mean an entity licensed to cultivate, prepare,
and package marijuana and sell marijuana to retail marijuana stores, to marijuana product
manufacturing facilities, and to other marijuana cultivation facilities, but not to
consumers.
Retail marijuana product manufacturing facility shall mean an entity licensed to
purchase marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing
facilities and to retail marijuana stores, but not to consumers.
Retail marijuana store shall mean an entity licensed to purchase marijuana from
marijuana cultivation facilities and marijuana and marijuana products from marijuana
- 4 -
product manufacturing facilities and to sell marijuana and marijuana products to
consumers.
Retail marijuana testing facility shall mean an entity licensed to analyze and certify the
safety and potency of marijuana.
(b) In addition to the definitions contained in Subsection (a) of this Section, other
terms used in this Article shall have the meaning ascribed to them in Article XVIII,
Section 16 of the Colorado Constitution or the Colorado Retail Marijuana Code, and such
definitions are hereby incorporated into this Article by this reference.
DIVISION 2. RETAIL MARIJUANA
LICENSING AUTHORITY
Sec. 15-604. Creation.
There shall be and is hereby created a Retail Marijuana Licensing Authority, hereafter
referred to in this Article as the "Authority".
Sec. 15-605. Composition.
The Authority shall be a person appointed by the City Manager.
Sec. 15-606. Functions.
(a) The Authority shall have the duty and authority pursuant to the Colorado Retail
Marijuana Code and this Article to grant or refuse an application and levy penalties
against licensees in the manner provided by law.
(b) The Authority shall consider applications for licensure, new business premises,
transfer of ownership, change of location, premises modification, changes in trade name,
and any other appropriate application.
(c) The Authority shall have all the powers of a Local Licensing Authority as set
forth in the Colorado Retail Marijuana Code.
(d) The Authority shall have the power to promulgate rules and regulations
concerning the procedures for hearings before the Authority.
(e) The Authority shall have the power to require any applicant or licensee to furnish
such information to the Authority as may be reasonably necessary in order for the
Authority to perform the duties and functions authorized by this Article.
(f) The Authority shall have the power to administer oaths and issue subpoenas to
require the presence of persons and the production of papers, books and records at any
- 5 -
hearing which the Authority is authorized to conduct. Any such subpoena shall be served
in the same manner as a subpoena issued by a District Court of the state.
(g) Notwithstanding the provisions of Section 16 of Article XVIII of the Colorado
Constitution, the Authority shall not act upon any application for local licensing of a
retail marijuana establishment in circumstances where the state has failed to issue the
applicant an annual license within ninety (90) days after its receipt of such application.
DIVISION 3
LICENSES, FEES, REGULATIONS AND PROCEDURES
Sec. 15-607. Retail marijuana store.
(a) No person may operate a retail marijuana store in the City without having
obtained a license under the provisions of this Article.
(b) 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.
(c) A retail marijuana store and medical marijuana center held by the same licensee
shall be located on the same legal parcel.
(d) 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.
OPTION:
(e) All retail marijuana stores shall prohibit the entrance of persons under the age of
twenty-one (21) to the licensed premises, including that portion of the premises that is
licensed as a medical marijuana center.
OPTION:
(f) No retail marijuana store shall sell any edible marijuana products.
Sec. 15-608. Retail marijuana cultivation facility.
(a) Only a licensed retail marijuana store or retail marijuana products manufacturing
facility may be licensed as, or operate, a retail marijuana cultivation facility in the City.
(b) 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.
- 6 -
Sec. 15-609. Retail marijuana products manufacturing facility.
(a) Any person who meets the requirements of this Division may be licensed as, and
may operate, a retail marijuana products manufacturing facility in the City.
(b) All retail marijuana products manufacturing facilities shall have their production
batches tested for labeling purposes prior to any sale of marijuana or marijuana product.
OPTION:
Retail marijuana products manufacturing facilities are prohibited in the City.
Sec. 15-610. Retail marijuana testing facility.
Any person who meets the requirements of this Division and is not an owner of a retail
marijuana cultivation facility, a 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.
Sec. 15-611. Requirements of application for license; payment of application fee.
(a) Any person seeking a license for any retail marijuana establishment under the
provisions of the Colorado Retail Marijuana Code and this Article shall submit an
application to the Authority on forms provided by the Authority. At the time of
application, each applicant shall pay a nonrefundable fee to defray the costs incurred by
the City for background investigations and inspection of the proposed premises, as well
as any other costs associated with the processing of the application.
(b) The applicant shall also provide any information that is deemed necessary by the
Authority in connection with the investigation and review of the application regarding the
applicant, the proposed manager of the retail marijuana establishment, and any person
having a financial interest in the retail marijuana establishment that is the subject of the
application or, if the applicant is an entity, having a financial interest in the entity.
Sec. 15-612. Denial of application.
The Authority shall deny any application that does not meet the requirements of the
Colorado Retail Marijuana Code, the rules and regulations promulgated thereunder, or
the provisions of this Article.
Sec. 15-613. Persons prohibited as licensees.
No license shall be issued to, held by, or renewed by any of the following:
- 7 -
(1) any person who is, at the time of application for a retail marijuana store, not
currently licensed to operate a medical marijuana center and in good standing under both
the Colorado Medical Marijuana Code and the City Code.
(2) any person prohibited pursuant to 12-43.4-306, C.R.S;
(3) 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;
(4) 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 (3) above;
(5) any person whose criminal history renders them ineligible under paragraph (2)
above, or who employs a person at a retail marijuana establishment who has a criminal
history that renders said person ineligible;
(6) 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;
(7) any applicant whose license for a medical or retail marijuana establishment in this
state or any other state has been revoked.
Sec. 15-614. Location criteria.
(a) No applicant shall be issued a retail marijuana store license if, at the time of
application for such license, the proposed location is not in the same as the location of the
medical marijuana center operated by the applicant, or if such location is:
(1) within one thousand (1,000) feet of any private or public preschool,
elementary, secondary, vocational or trade school, college or university;
(2) within one thousand (1,000) feet of any public playground;
(3) within five hundred (500) feet of:
a. any child care center;
b. any place of worship or religious assembly;
c. any public park, pool or recreation facility; or
d. any juvenile or adult halfway house, correctional facility or
substance abuse rehabilitation or treatment center; or
(4) within the boundaries 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;
- 8 -
(5) in a residential unit, except as permitted under Section 3.8.3 of the Land
Use Code;
(6) within 500 feet of a residential unit; or
(7) within one-thousand (1,000) feet of another medical marijuana or retail
marijuana store.
(b) The distances described above shall be computed by direct measurement in a
straight line from the nearest property line of the parcel of land on which the protected
use is located to the nearest portion of the building or unit in which the proposed retail
marijuana store would be located.
(c) Subsection (a) above shall not apply to an applicant seeking a retail marijuana
store license at the same location as his or her currently licensed medical marijuana
center. The intent of this Subsection is to permit previously licensed medical marijuana
centers to apply for and receive a retail marijuana store license for the same premises for
which the medical marijuana center license has been issued, regardless of the location
requirements contained in Subsection (a) above.
(d) A previously licensed medical marijuana center that seeks to change locations and
that applies for and receives a retail marijuana store license is subject to the location
requirements in Subsection (a) above.
Sec. 15-615. Operating Fee.
Upon issuance of a license, and upon renewal thereafter, the licensee shall pay to the City
an operating fee in an amount to be determined by the City Manager to be sufficient to
cover the costs associated with processing the application, inspecting the premises before
and after issuance, and otherwise administering and enforcing the provisions of this
Article.
Sec. 15-616. Signage and advertising.
(a) 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 upon any state or federal trademark.
- 9 -
(b) It shall be unlawful for any retail marijuana cultivation facility or 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.
Sec. 15-617. Warning signs.
There shall be posted in a conspicuous location in each retail marijuana store a legible
sign containing warnings that:
(1) the possession, use or distribution of marijuana is a violation of federal law;
(2) 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
(3) no one under the age of twenty one (21) years is permitted on the premises.
Sec. 15-618. Report of disturbances and unlawful activity.
(a) All licensees and any agent, manager or employee thereof, shall immediately
report to Police Services any disorderly act, conduct or disturbance and any unlawful
activity committed in or on the licensed premises, including, but not limited to, any
unlawful resale of marijuana, and shall also immediately report any such activity in the
immediate vicinity of the business.
(b) Each licensee shall post and keep at all times visible to the public in a
conspicuous place on the premises, a sign with a minimum height of fourteen (14) inches
and a minimum width of eleven (11) inches with each letter to be a minimum of one-half
(½) inch in height, which shall read as follows:
WARNING:
Fort Collins Police Services must be notified of
all disorderly acts, conduct or disturbances and
all unlawful activities which occur on or within
the premises of this licensed establishment.
(c) It shall not be a defense to a prosecution of a licensee under this Section that the
licensee was not personally present on the premises at the time such unlawful activity,
disorderly act, conduct or disturbance was committed; however, no agent, servant or
employee of the licensee shall be personally responsible for failing to report any
disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent,
servant or employee was absent from the premises at the time such activity was
committed.
- 10 -
(d) Failure to comply with the requirements of this Section shall be considered by the
Authority in any action relating to the issuance, revocation, suspension or nonrenewal of
a license.
Sec. 15-619. Prohibited acts.
(a) 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.
(b) 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.
OPTION: (c) It shall be unlawful for any retail marijuana cultivation facility or
marijuana products manufacturing facility to operate in the City unless the licensee who
is authorized to operate such facility also operates a retail marijuana store in the City
pursuant to the provisions of this Article.
(d) It shall be unlawful for any licensee to permit the consumption of retail marijuana
or retail marijuana products on the licensed premises.
(e) It shall be unlawful for any licensee, or for any agent, manager or employee
thereof, to:
(1) sell, give, dispense or otherwise distribute retail marijuana or retail
marijuana products from any location other than the licensed premises;
(2) sell, give, dispense or otherwise distribute any retail marijuana or retail
marijuana products to persons under the age of twenty one (21);
(3) display signs that are inconsistent with Sections 15-617 and 15-618 of this
Article;
(f) 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.
(g) It shall be unlawful for retail marijuana establishments to distribute marijuana or
marijuana-infused products to a consumer free of charge.
(h) It shall be unlawful for any licensee to fail to designate areas of ingress and egress
for limited-access areas or to post signs in conspicuous locations as required by the
Colorado Retail Marijuana Code.
(i) 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.
- 11 -
Sec. 15-620. Visibility of activities; control of emissions.
(a) All activities of retail marijuana establishments, including, without limitation,
cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be
conducted indoors.
(b) No retail marijuana or paraphernalia shall be displayed or kept in a business so as
to be visible from outside the licensed premises.
(c) 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 the escape of such substances from a retail marijuana establishment must be
provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare
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.
Sec. 15-621. Inspection of licensed premises.
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.
Sec. 15-622. Nonrenewal, suspension or revocation of license.
(a) The Authority may, after notice and hearing, pursuant to this Article, suspend,
revoke or refuse to renew a license for any of the following reasons:
(1) the applicant or licensee, or his or her agent, manager or employee, 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 or licensee, or his or her agent, manager or employee, have
failed to comply with any special terms or conditions of its license pursuant to an
order of the state or local licensing authority, including those terms and conditions
that were established at the time of issuance of the license and those imposed as a
- 12 -
result of any disciplinary proceedings held subsequent to the date of issuance of
the license; or
(3) the retail marijuana establishment has been abandoned or operated in a
manner that adversely affects the public health, safety or welfare.
(b) Evidence to support a finding under Subsection (a) of this Section may include,
without limitation, a continuing pattern of disorderly conduct, a continuing pattern of
drug-related criminal conduct within the premises of the retail marijuana establishment or
in the immediate area surrounding such business, a continuing pattern of criminal
conduct directly related to or arising from the operation of the retail marijuana
establishment, or an ongoing nuisance condition emanating from or caused by the retail
marijuana establishment.
Sec. 15-623. Violations and penalties.
In addition to the possible denial, suspension, revocation or nonrenewal of a license
under the provisions of this Article, any person, including, but not limited to, any
licensee, manager or employee of a retail marijuana establishment, 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 of this Code.
Sec. 15-624. No City liability; indemnification.
(a) 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 business owners, operators, employees, clients or customers for a violation
of state or federal laws, rules or regulations.
(b) By accepting a license issued pursuant to this Article, all licensees, jointly and
severally if more than one (1), 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 arising
out of or in any manner connected with the operation of the retail marijuana
establishment that is the subject of the license, unless the act or omission by the officer,
elected official, or employee that causes the loss or damage is willful and wanton as
provided in the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.
Sec. 15-625. Other laws remain applicable.
(a) To the extent the state adopts in the future any additional or stricter law or
regulation governing the sale or distribution of retail marijuana, the additional or stricter
regulation shall control the establishment or operation of any retail marijuana
- 13 -
establishment 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 noncompliance with any applicable state law or regulation shall be grounds for
revocation or suspension of any license issued hereunder.
(b) 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 upon
the licensed premises are in full compliance with any applicable state law or regulation.
(c) If the state prohibits the sale or other distribution of marijuana through retail
marijuana establishments, 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.
(d) 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 under federal law for the cultivation, possession, sale,
distribution or use of marijuana.
Sec. 15-626. 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.
Sec. 15-627. Administrative regulations.
The City Manager is authorized to promulgate such rules and regulations as are necessary
to effectuate the implementation, administration and enforcement of this Article.
- 14 -
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 14th day of March, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 1 -
ORDINANCE NO. 042, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE
IN ORDER TO ACCOMMODATE RETAIL MARIJUANA ESTABLISHMENTS
IN THE CITY
WHEREAS, the City Council, by Ordinance No. 041, 2014, amended the City Code to
govern the licensing, number, location and operation of retail marijuana establishments in the
City; and
WHEREAS, there are currently no references to retail marijuana establishments in the
Land Use Code; and
WHEREAS, in light of the most recently approved Ordinance No. , 2014, staff
recommends amending the Land Use Code to accommodate such retail marijuana
establishments; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Land Use Code be amended to include retail marijuana establishments.
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)(5) 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 and limited in subsection (B) below) may add to the uses specified in a
particular zone district any other similar use which conforms to all of the
following conditions:
. . .
(5) Such use is not a retail marijuana store, retail marijuana cultivation
facility, retail marijuana product manufacturing facility, retail marijuana
testing facility, medical marijuana dispensary or a medical marijuana
cultivation facility.
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Section 2. That Section 4.16(B)(2)C of the Land Use Code is hereby amended by
adding Retail Marijuana Store to the list of permitted uses in the D zone district as follows:
Land Use
Old City
Center
Canyon
Avenue
Civic
Center
C. COMMERCIAL/RETAIL (Cont'd)
. . . … … …
Retail marijuana store Type 1 Type 1 Type 1
Section 3. That Section 4.17(B)(2)(c) of the Land Use Code is hereby amended by
adding Retail Marijuana Store to the list of permitted uses in the R-D-
R zone district as follows:
(c) Commercial/Retail Uses:
14. Retail marijuana store.
Section 4. That Section 4.17(B)(2) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Industrial Uses:
1. Retail marijuana cultivation facility.
2. Retail marijuana product manufacturing facility.
3. Retail marijuana testing facility.
Section 5. That Section 4.18(B)(2)(c) of the Land Use Code is hereby amended by
adding Retail Marijuana Store to the list of permitted uses in the C-C zone district as follows:
(c) Commercial/Retail Uses:
27. Retail marijuana store.
Section 6. That Section 4.19(B)(2)(c) of the Land Use Code is hereby amended by
adding Retail Marijuana Store to the list of permitted uses in the C-C-N zone district as follows:
(c) Commercial/Retail Uses:
26. Retail marijuana store.
Section 7. That Section 4.19(B)(2)(d) of the Land Use Code is hereby amended by
the addition of the following uses to the list of permitted uses in the C-C-N zone district as
follows:
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(d) Industrial Uses:
26. Retail marijuana cultivation facility.
27. Retail marijuana product manufacturing facility.
28. Retail marijuana testing facility.
Section 8. That Section 4.20(B)(2)(c) of the Land Use Code is hereby amended by
adding Retail Marijuana Store to the list of permitted uses in the C-C-R zone district to read as
follows:
(c) Commercial/Retail Uses:
19. Retail marijuana store.
Section 9. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to add
Retail Marijuana Store to the list of permitted uses in the C-G zone district as follows:
Land Use
I-25/SH 392
(CAC)
General Commercial
District (C-G)
C. COMMERCIAL/RETAIL
… … …
Retail marijuana store Not permitted Type 1
Section 10. That Section 4.22(B)(2)(c) of the Land Use Code is hereby amended to
add Retail Marijuana Store to the list of permitted uses in the C-S zone district as follows:
(c) Commercial/Retail Uses:
43. Retail marijuana store.
Section 11. That Section 4.22(B)(2)(d) of the Land Use Code is hereby amended by
the addition of the following uses to the list of permitted uses in the C-S zone district as follows:
(d) Industrial Uses:
6. Retail marijuana cultivation facility.
7. Retail marijuana product manufacturing facility.
8. Retail marijuana testing facility.
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Section 12. That Section 4.24(B)(2)D of the Land Use Code is hereby amended by the
addition of the following uses to the list of permitted uses in the C-L zone district as follows:
D. INDUSTRIAL
Riverside
Area
All Other
Areas
… … …
Retail marijuana cultivation facility Not Permitted Type 1
Retail marijuana product manufacturing facility Not Permitted Type 1
Retail marijuana testing facility Not Permitted Type 1
Section 13. That Section 4.28(B)(2)(d) of the Land Use Code is hereby amended by
the addition of the following uses to the list of permitted uses in the I zone district as follows:
(d) Industrial Uses:
11. Retail marijuana cultivation facility.
12. Retail marijuana product manufacturing facility.
13. Retail marijuana testing facility.
Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Retail marijuana store” which reads in its entirety as follows:
Retail marijuana store shall mean an entity licensed to purchase marijuana from
marijuana cultivation facilities, and to purchase marijuana and marijuana products from
marijuana product manufacturing facilities, for the purpose of selling marijuana and
marijuana products to consumers.
Section 15. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Retail marijuana cultivation facility” which reads in its entirety as
follows:
Retail marijuana cultivation facility shall mean an entity licensed to cultivate, prepare,
and package marijuana, and to sell marijuana to retail marijuana stores, marijuana
product manufacturing facilities, and to other marijuana cultivation facilities, but not to
consumers.
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Section 16. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Retail marijuana product manufacturing facility” which reads in
its entirety as follows:
Retail marijuana product manufacturing facility shall mean an entity licensed to purchase
marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and
marijuana products to other marijuana product manufacturing facilities and to retail
marijuana stores, but not to consumers.
Section 17. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Retail marijuana testing facility” which reads in its entirety as
follows:
Retail marijuana testing facility shall mean an entity licensed to analyze and certify the
safety and potency of marijuana.
Introduced and considered favorably on first reading and ordered published this 4th day
of March, A.D. 2014, and to be presented for final passage on the 18th day of March, A.D. 2014.
_____________________________
Mayor
ATTEST:
_________________________________
City Clerk
Passed and adopted on final reading this 18th day of March, A.D. 2014.
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk