HomeMy WebLinkAbout125 - 09/17/2013 - ESTABLISHING A TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS WITHIN THE CITY OF FORT COLLINS ORDINANCE NO. 125, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS WITHIN
THE CITY OF FORT COLLINS
WHEREAS, on November 6, 2012, Colorado voters approved an amendment to the State
Constitution, Article XVIII, Section 16 of the Colorado 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 (collectively "marijuana establishments"); and
WHEREAS, under Article XVIII, Section 16(5)(e), local governments, including cities,
must enact an ordinance or regulation by October 1, 2013, specifying the entity that is
responsible for processing applications submitted for a license to operate a marijuana
establishment; and
WHEREAS, under Article XVIII, Section 16(5)(e)(g)&(h), if the state fails to issue a
license by January 1, 2014, or within ninety (90) days of an application being filed, an applicant
for a marijuana establishment license may submit its application directly to the City; and
WHEREAS, under Article XVIII, Section 16(5)(f), the City may prohibit the operation of
such marijuana establishments within its territorial limits; and
WHEREAS, pursuant to Amendment 64, the Colorado Department of Revenue ("DOR")
has adopted emergency rules for the regulation of the state retail marijuana industry by the
DOR's Marijuana Enforcement Division, which rules are set to expire on October 1, 2013; and
WHEREAS, the DOR intends to adopt final rules prior to any marijuana establishments
opening for operation on January 1, 2014; and
WHEREAS, a proposal that would impose an excise and sales tax on marijuana and
marijuana products will appear on the November 2013 ballot; and
WHEREAS, prior to making a final decision as to whether, and to what extent, the City
Council should authorize the licensing of marijuana establishments in the City, it is important
that City staff have sufficient time to formulate a recommendation to the City Council and to
develop proposed regulations after reviewing and considering the DOR's final rules, analyzing
the outcome of the November ballot question, and conducting public outreach to determine the
desires of the adult residents in the City; and
WHEREAS, City staff believes that six months is a reasonable period of time to complete
such efforts, and has recommended that a temporary ban on marijuana establishments be
imposed by the City Council in the interim; and
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WHEREAS, the City Council believes that such a temporary ban is in the best interests of
the City and is reasonably necessary to protect the health, safety, and welfare of the citizens of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the recitals of this Ordinance are hereby adopted by the City Council
as findings of fact.
Section 2. That, for the foregoing reasons, there is hereby imposed, as of midnight
September 27, 2013, a temporary ban on the acceptance, processing, and approval of any
marijuana establishment application for any City of Fort Collins license pertaining to marijuana
establishments. This temporary ban shall automatically terminate at midnight on March 31,
2014, unless terminated earlier by the City Council or extended by the enactment of another
ordinance.
Section 3. That this Ordinance shall control over any conflicting ordinance of the
City, but only to the extent of the conflict.
Section 4. That if any section, paragraph, sentence, clause or phrase of this
Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of and shall be severable from the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each
part or parts hereof irrespective of the fact that any one part or parts may be declared
unconstitutional or invalid.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
September, A.D. 2013, and to be presented for final passage on the 17th day of September, A.D.
2013.
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ATTEST: ORTC
F.... , Off`/
Chief Deputy City Clerk
COLORP�O
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Passed and adopted on final reading on the 17th day of September, A.D. 2013.
ATTEST: ti"�SY UP
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City Clerk
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