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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2016 - FIRST READING OF ORDINANCE NO. 010, 2016, AMENDINGAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY January 5, 2016 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT First Reading of Ordinance No. 010, 2016, Amending Section 15-620 of the Code of the City of Fort Collins Relating to Retail Marijuana Establishments' Hours of Operation. EXECUTIVE SUMMARY The purpose of this item is to change the allowable operating hours of retail marijuana businesses from 8:00 a.m. to 7:00 p.m. to 8:00 a.m. to 8:00 p.m. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Since the adoption of local retail marijuana regulations, changes have been made to operating hours at the state level; Larimer County has adopted 8:00 a.m. to 8:00 p.m. operating hours for retail marijuana businesses in the County. To maintain consistency and to address a perceived advantage to County located businesses, staff is recommending the proposed change in operating hours. PUBLIC OUTREACH Licensed businesses will be notified if the amendment is adopted. ATTACHMENTS 1. Powerpoint presentation (PDF) Retail Marijuana-Hours of Operation City Council Regular Meeting January 5, 2015 Amendment for Consideration - Amendment changes operating hours from 8 a.m.- 7 p.m. to 8 a.m.- 8 p.m. - Consistent with County businesses - Within the Rules and Regulations promulgated by the Marijuana Enforcement Division - Requested by marijuana local businesses 2 Updates City currently has 12 businesses totaling 43 licenses: • 5 medical marijuana only centers • 7 combined retail store and medical center • 20 licensed grow and 4 MIP facilities (Manufactured Infused Products) Continue to get inquiries and applications for MIPs and associated grows since there is no cap on the number Fort Collins will allow. 3 Updates • Just completed a first round of annual renewals with no issues • 7 medical disciplinary actions resulting in fines, days of closure, and 2 surrendered licenses • No retail disciplinary actions • Police Services has a new dedicated marijuana officer- Jim Lenderts • Clerk’s Office new licensing coordinator-early February 4 Updates • Largest unresolved issue statewide is unlicensed/caregiver grows. • New legislation in 2017 will help…some. • Staff team developing regulations to address these grows. Could come back in Q1 2016. • Staff looking at assessment and possible BFO offer. 5 Amendment for Consideration Amendment changes operating hours from 8 a.m.- 7p.m. to 8 a.m. - 8 p.m. 6 ORDINANCE NO. 010, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 15-620 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO RETAIL MARIJUANA ESTABLISHMENTS’ HOURS OF OPERATION WHEREAS, Article XVII of the City Code establishes regulations for retail marijuana establishments; and WHEREAS, such regulations make it unlawful to sell marijuana or marijuana products at any other time than between the hours of 8:00 a.m. and 7:00 p.m. daily; and WHEREAS, the current closing time restriction is more restrictive than that in Larimer County, which allows said sales until 8:00 p.m., placing in-City businesses at a competitive disadvantage; and WHEREAS, the City Council has determined that the recommended City Code amendment is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 15-620 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 15-620. Prohibited acts. . . . (h) 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. 8:00 p.m. daily. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk