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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/18/2014 - ITEMS RELATING TO RECREATIONAL MARIJUANAAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY March 18, 2014 City Council STAFF Ginny Sawyer, Policy and Project Manager Darin Atteberry, City Manager John Hutto, Police Chief SUBJECT Items Relating to Recreational Marijuana. EXECUTIVE SUMMARY A. Second 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. Second Reading of Ordinance No. 039, 2014, Establishing Regulations for the Cultivation of Marijuana. C. Second 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. D. Second 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. Ordinance Nos. 038 and 039, 2014, unanimously adopted on First Reading on March 4, 2014, regulate the personal use and growing of marijuana as allowed under Amendment 64. Ordinance No. 039, 2014 has been amended to offer an option to allow marijuana cultivation in multi-family, single-family attached, and two-family dwellings. Ordinance No. 041, 2014, adopted on First Reading on March 4, 2014, by a vote of 4-3 (Nays: Campana, Troxell, Weitkunat) enacts regulations regarding retail marijuana establishments. Ordinance No. 042, 2014, adopted on First Reading on March 4, 2014, by a vote of 6-1 (Nays: Troxell) makes amendments to the Land Use Code to define and regulate retail marijuana establishments. STAFF RECOMMENDATION Staff recommends adoption of Ordinance No. 038, 2014. Staff recommends the adoption of Ordinance No. 039, 2014 as adopted on First Reading, banning growing in shared-wall dwelling units. Based on the potential impacts on youth health and well-being and the cash nature of such businesses, staff recommends the extension of the temporary ban for two years. Agenda Item 16 Item # 16 Page 2 BACKGROUND / DISCUSSION Amendment 64: In November 2012, voters approved Amendment 64 which 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, or transport up to 6 marijuana plants, provided, however, that the cultivation of marijuana occur 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. Police Services Data: From January 2009 through January 2014, Police Services has investigated 62 criminal incidents involving marijuana. This data did not include unlawful possession cases or paraphernalia related cases. Of the 62 incidents, eleven of these occurred at medical dispensaries or cultivation facilities, including 10 burglaries and one armed robbery. Police Services has also seen one explosion at an apartment complex involving the distillation of marijuana to make hash oil. In a separate case, a death occurred from a fire in a motel room, caused by the same activity. A full table of police statistics provided in Attachment 3. First Reading: At the March 4, 2014 City Council meeting, Council adopted on First Reading the following four ordinances related to Amendment 64. Ordinances No. 038, 2014 addresses personal consumption and possession and prohibits the display and transfer of marijuana. The ordinance includes the following: Defines and prohibits the public use of both recreational and medical marijuana. Prohibits adults 21 years-of-age and older from possessing more than one ounce of recreational marijuana. Prohibits medical marijuana patients from possessing more than two ounces of medical marijuana. Prohibits the display or transfer of marijuana on any City owned property including parks, trails, natural areas, streets, and sidewalks. Ordinance No. 039, 2014 addresses the residential growing of marijuana for personal use. Highlights of the ordinance include: 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. During the discussion Councilmembers Cunniff and Overbeck requested an option to regulate growing in multi- family housing rather than banning such cultivation. Staff has discussed what would be necessary to mitigate the potential dangers and hazards related to growing marijuana in multifamily and staff continues to have concerns about the adverse impacts in this situation. Agenda Item 16 Item # 16 Page 3 The following regulations have been added as an option in Ordinance No. 039, 2014 in an attempt to address allowing growing in multifamily: The dwelling unit shall have a fire-suppression system (fire-sprinklers) installed at the time of original construction. Marijuana cultivation can only occur in an enclosed, locked space not exceeding 100 square feet. The use of a humidifier for marijuana cultivation is prohibited unless it was installed as part of the approved mechanical system for the dwelling unit. Extension cords and power strips for marijuana cultivation is prohibited. The use and storage of commercial grade fertilizer for marijuana cultivation is prohibited. Marijuana cultivation cannot be perceptible beyond any commonly shared wall. If Council wishes to regulate marijuana cultivation in multi-family dwellings, rather than banning it, staff recommends continuing the Ordinance on Second Reading in order to allow time to more fully review the options and determine if there are different or additional regulations (Attachment 4). Building Services is responsible for all housing related complaints and would most likely field any complaints related to marijuana cultivation in a multifamily dwelling unit. Building staff is at maximum output with current staffing levels and increased construction related workloads. The addition of this responsibility will be challenging and would result in a budget offer seeking additional staff. Ordinance No. 041, 2014 allows and regulates retail marijuana establishments. The ordinance as adopted on First Reading includes the following: Allows existing licensed medical marijuana centers in good standing to apply for a retail marijuana license. Requires any medical center obtaining a retail license to maintain their medical license at the same location as the retail establishment. Retail marijuana stores must prohibit anyone under 21 from entering either the retail or the medical premises. Allows marijuana product manufacturing facilities and the sale of edible marijuana products. Does not require marijuana establishments (cultivation and product manufacturing) to operate a retail marijuana store in the City. Beginning October 1, 2014, cultivation facilities will be allowed to sell wholesale. The City Manager and staff do not recommend allowing retail marijuana establishments, as outlined in a February 11 memo from the City Manager (Attachment 2). Ordinance No. 042, 2014 makes necessary amendments to the Land Use Code to address retail marijuana establishments. FINANCIAL / ECONOMIC IMPACT In November 2013 Colorado voters approved additional taxes on retail marijuana. The approved measure includes a 10% sales tax, 15% of which will be shared with local governments that allow retail establishments with the remainder funding the Marijuana Enforcement Division and repaying the General Fund. A 15% excise tax was also approved. The first $40 million of the annual excise tax revenue is earmarked for capital school construction. Agenda Item 16 Item # 16 Page 4 Based on current revenue from medicinal marijuana, estimates of what the City may receive from the state and some additional research, staff is comfortable with a forecast amount of $700k-$900k in retail marijuana revenue annually. The City will receive one-half of the $500 application fee paid to the state for each retail marijuana application they receive from a medical marijuana establishment within Fort Collins. In addition, the City may impose an operating fee to offset costs, including but not limited to, inspection, administration, and enforcement of retail marijuana establishments. Staff has not yet determined what the annual operating fee will be for retail marijuana establishments. However, it is unlikely that the City can reasonably set the fee at an amount adequate to cover estimated costs. Estimated costs for retail marijuana licensing include licensing staff, Building and Zoning Services, Police Services and the Marijuana Licensing Authority. These estimated costs break out as follows: Police: Anticipate the need for one full time officer ($146,000/first year cost) and one investigative aide ($72,000.) Building Services: Staff resourcing needs will vary, based on outcome of allowing cultivation in multifamily. If allowed, Building Services will be needed to follow-up on complaints, conduct investigations, and ensure corrections which would require a full time inspector ($75,000 annually). Clerk’s Office: Ongoing .5 Licensing Agent FTE ($35,985) to handle retail and medical marijuana licensing activities post licensing (manager registrations, transfers of ownership, modification of premises, changes of location, trade name changes, renewals, and disciplinary actions). Licensing Authority: Estimating $25,000 annually for these services. ATTACHMENTS 1. First Reading Agenda Item Summary, March 4, 2014 (w/o attachments) (PDF) 2. City Manager Recommendation (PDF) 3. Police Services Marijuana-Related Incidents (PDF) 4. Staff memo re: Marijuana Cultivation in Multi-family Housing (PDF) 5. Powerpoint presentation (PDF) 6. Ordinance No. 038, 2014 (PDF) 7. Ordinance No. 039, 2014 (PDF) 8. Ordinance No. 041, 2014 (PDF) 9. Ordinance No. 042, 2014 (PDF) Agenda 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. ATTACHMENT 1 Agenda Item 17 Item # 17 Page 2 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. Agenda Item 17 Item # 17 Page 3 The ordinance also prohibits displaying or transferring marijuana on City owned property which includes parks, 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 Agenda Item 17 Item # 17 Page 4 500 feet from:  Child care centers  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. Agenda Item 17 Item # 17 Page 5 Ordinance No. 042, 2014 makes amendments to the Land Use Code to define and regulate retail marijuana 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 (PDF) Police Services Marijuana Related Incidents from January 2009 to January 2014 Date Keyword Description Items Taken Injuries? 01/05/09 Marijuana Grow Officers called to a disturbance discover one plant growing in home. Residents are cited for MJ offense. None None 01/15/09 Marijuana Grow Officers called to a father vs. daughter disturbance. Dad has 36-48 plants and is a MMJ caregiver. No charges. None Minor injuries to daughter after altercation 01/18/09 Home Invasion Victim states that three males took him in car at gunpoint to go do home invasion robberies of medical marijuana caregivers. Used taser on him as well. Said he could find them MJ and they knew he had knowledge of MJ caregiver locations. None Taser burns, bruises, busted lip 02/28/09 Marijuana Grow Officers called to a disturbance discover a sawed off shotgun and 45+ MJ plants None None 03/25/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 2 plants and various MJ growing equipment (taken by officers) None 04/01/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 70+ MJ plants and growing equip; 30+ lbs of processed MJ (taken by officers) None 04/02/09 Home Invasion Victim states that a male entered his house and menaced his roommate with a rifle, busted window with rifle. Suspect stole a safe. Victim states he did not have any drugs but does grow other plants for a living so someone may have thought he grew MJ. Safe w/ money None Date Keyword Description Items Taken Injuries? 04/28/09 NCDTF MJ cultivation Grow discovered by officers investigating a missing package. 42+ plants as well as paraphernalia, $1614 cash, MJ growing equipment (taken by officers) None 05/14/09 Marijuana Grow Landlord arrives for inspection of his property, finds evidence of marijuana grow None None 5/24/09 Explosion/Fatality Explosion/fire caused by butane extraction- honey oil None Yes, one death/severe burns 06/10/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 20+ plants and numerous baggies of MJ, growing equip (taken by officers) None 06/23/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 18 plants and various growing equip (taken by officers) None 07/30/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 60+ plants, 61 oz dried MJ, $19,000+ cash, grow equipment (grow not taken by officers) None 08/25/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. Various samples from MJ plants, processed MJ, grow equipment, phones None 12/16/09 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 15 plants, grow equipment, loose MJ None 12/18/09 Marijuana Grow Date Keyword Description Items Taken Injuries? 12/29/09 Medical Marijuana Window broken and entry made into MJ dispensary, nothing taken. Suspects later arrested. Possibly some petty cash and a small amount of product None 01/13/10 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 3100 + grams MJ; miscellaneous MJ items/paraphernalia None 01/17/10 Marijuana Robbery Two Hispanic males walked in house and robbed victims at gunpoint/taser-point. Also had female with them. They asked for money and MJ. Used to have grow at house but didn't anymore because landlord found out. Vic had MMJ card. Bong, printer, movies, film projectors, grow lights, wallet, phone, 3 guns, credit card, garage door opener One victim tased, possibly pistol whipped. Victims bound with duct tape. 01/21/10 Marijuana Grow Mother goes to pick up child from father's apartment, sees grow there. Father has card and is legally growing the MJ. None None 01/25/10 Medical Marijuana (Licensed) Medical Marijuana dispensary burglarized as well as adjoining business. Numerous doors broken. Small amount of MJ, safe from adjoining business None 02/16/10 Medical Marijuana Victim's home broken into, medical MJ and $400 stolen. Victim is caregiver for several patients $1400 of MJ and $400 cash None 02/20/10 Medical Marijuana (Licensed) Front door of MMJD kicked in None None 02/26/10 Medical Marijuana (Licensed) Two suspects arrested for breaking window at MMJD and previous case at this location (10-2404) None None 03/19/10 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. Date Keyword Description Items Taken Injuries? 03/26/10 Marijuana Grow Officer stopped suspect for vehicle violation and notices smell of MJ. Suspect tells her he has a caretaker card, but he has more than he is supposed to and is also selling illegally. Gives permission to search house, MJ grow found. Suspect also has illegal firearm. None None 04/06/10 Marijuana Grow Landlord evicts tenants for non-payment and goes to conduct a walk through. Finds MJ grow in garage. None None 05/18/10 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. Samples from 69 live plants, over 8 oz of MJ None 06/03/10 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. Samples from 42 plants None 06/10/10 Home Invasion Three armed men came in house to rob residents. Shots were fired. The house had a medical MJ grow inside (partially legal) None None 06/29/10 NCDTF MJ cultivation Task force responds to report of a grow from other officers investigating a robbery that occurred (10-9632) MJ samples taken; 4 or more bags of MJ taken in robbery (2+ lbs) None 08/03/10 Medical Marijuana (Licensed) Employee theft from MJ dispensary 3 oz of MJ None 08/04/10 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 50+ plants seized, grow equipment None Date Keyword Description Items Taken Injuries? 09/03/10 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. Approx 150-200 plants, 250 clones, guns, grow equipment, gold coins, $61,678 cash None 10/13/10 Marijuana Grow Landlord goes to check residence that tenants were moving out of, notices 4 rooms in home being used as MJ grow. None None 01/10/11 Medical Marijuana Burglary to residence. Victim had valid Medical MJ license 2 oz of MJ, electronic equipment, $100 cash, 3 plants None 01/30/11 Marijuana Robbery Victim reports being robbed of her MMJ by a Black male with handgun. She was selling MJ she had bought with her card and the male brandished a gun and took two ounces from her. Suspect was arrested. 2 oz. MJ None 02/10/11 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. 45 plants, 18 lbs dried product, MDMA, Xanax, $6000+ cash, grow equipment None 04/24/11 Marijuana Grow While conducting a sex offender compliance check, officer detects odor of MJ and gets consent to search residence. MJ grow found in bedroom closet (15 plants). Suspect cited. None None 07/18/11 NCDTF MJ cultivation Tip received that there may be a grow at location. Officers investigated and found grow. Clippings from 27 plants None 08/21/11 Medical Marijuana Robbery (Licensed) Robbery with gun, victim tied up- MMJD facility MJ, edibles, money Minor 10/05/11 Medical Marijuana Burglary to residence. Victim had valid Medical MJ license. Victim was passed out during commission of burglary. 4 pounds of MJ and 4 plants None Date Keyword Description Items Taken Injuries? 10/06/11 Marijuana Grow (Licensed) Facility owner reports an attempted break in to his marijuana grow facility. Facility associated with a dispensary. None None 10/12/11 Marijuana Grow Marijuana grow in home; kids live in home- DHS involved. None None 12/18/11 Medical Marijuana (Licensed) Burglary to Medical MJ facility At least two plants None 12/19/11 Marijuana Robbery Two suspects told driver to wait while they got dope at an apartment. They had no cash and the caller suspected a drug robbery. Then victim reports two males looking in her window. She (vic) has an expired MMJ license. None None 4/25/12 Marijuana Grow Illegal marijuana grow in a multi-family dwelling none No 5/10/12 Marijuana Grow 231 plants, 3.6 lbs of processed MJ- illegal grow None No 5/21/12 Marijuana Grow Officers called to citizen assist. Tenant states that landlord stole and destroyed his MJ plants/ no probable cause for charges 3 plants (allegedly) No 5/31/12 Marijuana Grow Illegal MJ Grows None No 6/17/12 MJ Robbery Robbery at gunpoint Cash, Medical MJ- 1 oz, Assault Rifle Minor, from scuffle 8/9/12 Medical MJ/Burglary Male called to report his residence was burglarized and 1/2 oz of Medical MJ taken 1/2 oz Medical MJ No 9/8/12 Menacing Male menaced several people with a machete to protect MJ grow None No 11/19/12 MJ Robbery Robbery of residence, suspect(s) took paraphernalia and hash Paraphernalia, Hash Minor, from scuffle Date Keyword Description Items Taken Injuries? 12/15/12 Searched by Address- Dispensary (Licensed) Someone tried to access numerous units at location, many doors damaged None No 2/14/13 Marijuana Grow Male taken to hospital after disturbance, MJ grow discovered/ 143 plants and a stolen handgun n/a No 6/30/13 Searched by Address- Dispensary (Licensed) Attempted Burglary, someone tried to dig a hole in roof. None No 7/20/13 Searched by Address- Dispensary (Licensed) Theft of wallet from this location, dispensary not yet open- wallet belonged to contractor $130 No 8/20/13 Marijuana Grow 1.8 pounds of MJ found during investigation- suspect admitted to doing "hemp extraction" n/a No 9/14/13 Searched by Address- Dispensary (Licensed) MMJD burglarized MJ edibles, paraphernalia- approximately $1500 worth No 10/21/13 Explosion Explosion blew out windows of apartment- suspect was doing butane extraction- Honey Oil None No, no one home at time of explosion 12/3/13 Robbery Strong arm robbery- 5 suspects Cell phones, MJ Minor 1/8/14 Searched by Address- Dispensary (Licensed) MMJD compliance check- found in violation Re: Marijuana Infused Products (doing butane extraction when he was not supposed to) None No ATTACHMENT 4 1 1 Ginny Sawyer, Project and Policy Manager Marijuana Staff Team Proposed Ordinances Addressing Retail and Recreational Marijuana Second Reading City Council Meeting March 18, 2014 2 Ordinances Personal Use and Consumption Ordinance No. 38 • Regulations for Consumption and Possession and Prohibitions on Transfer and Display Ordinance No. 39 • Regulations for the Cultivation of Marijuana – Multifamily option included 2 3 Ordinances Retail Businesses Ordinance No. 41 • Allow Retail Marijuana Businesses Ordinance No. 42 • Amendments to the Land Use Code 4 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. 3 5 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 6 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. 4 7 Ordinance No. 39 - Option Multifamily cultivation regulations: – Fire suppression – 100 Square feet or less – No extension cords or power strips – No humidifier for purpose of growing – No commercial grade fertilizer – Cannot be perceptible beyond shared wall 8 Ordinance No. 41 – 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. • Prohibits anyone under 21 from entering the premises of co-located retail or medical establishment. 5 9 Ordinance No. 41 – Allow and Regulate • Allows marijuana product manufacturing. • Allows the sale of edible marijuana products. • Requires testing and labeling of all products. • Allows whole sale marijuana establishments without a retail marijuana store within the City. 10 Ordinance No. 41 – 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 6 11 Ordinance 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. - 1 - 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. - 2 - 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. - 3 - 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; - 4 - 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: - 2 - ARTICLE IX. CULTIVATION OF MARIJUANA Sec. 12-140. Scope and purpose. 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. - 3 - Sec. 12-142. Marijuana cultivation. (a) Cultivation, generally. (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. OPTION A: (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 - 4 - 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 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. OPTION B: (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. (43) Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. (54) The use of compressed gases and solvents for marijuana cultivation is prohibited. (65) 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. (76) 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 a single-family dwelling at which the cultivation occurs, or beyond any commonly-shared wall of a dwelling unit in a two-family, multi- family, or single-family attached dwelling at which the cultivation occurs. - 5 - Sufficient measures 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. (c) Cultivation within two- family, multi- family or single- family attached dwellings. (1) All two-family, multi-family or single-family attached dwellings in which marijuana is cultivated shall be equipped with a fire-suppression (fire-sprinkler) system installed in accordance with the International Building Code in effect at the time of construction. (2) Marijuana cultivation or storage shall take place in a locked and enclosed space not exceeding one-hundred (100) square feet. (3) The use of any humidifier for marijuana cultivation is prohibited, unless the humidifier was originally installed as part of the approved mechanical system for the dwelling. (4) The use of extension cords, power strips or multi-outlet assemblies for marijuana cultivation is prohibited. (5) The use or storage of any commercial grade fertilizer for marijuana cultivation is prohibited. 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. - 6 - 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. 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. (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. 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. 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. - 6 - (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. 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: (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 - 7 - 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; (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. - 8 - (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. (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: - 9 - (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. (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. - 10 - (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. 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 - 11 - 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 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. - 12 - 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 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 - 13 - 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. 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. 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. - 2 - 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: - 3 - (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. - 4 - 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. - 5 - 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, 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 2000+ grams MJ None Individual purchases home at auction. When she enters home there are 21 plants and various cultivation equipment. None None