HomeMy WebLinkAbout105 - 09/21/2021 - AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS REGULATING RETAIL MARIJUAN ORDINANCE NO. 105, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE OF THE CITY OF
FORT COLLINS REGULATING RETAIL MARIJUANA BUSINESSES TO
UPDATE, CLARIFY AND ALIGN CITY CODE WITH STATE LAW
WHEREAS,the City has regulated and licensed retail marijuana businesses since 2012 and
changes to marijuana law continue to emerge at the state level on a regular basis; and
WHEREAS, City staff conducts regular quarterly meetings with City marijuana business
licensees and at the last meeting of Quarter 2, 2021, the marijuana business licensees requested
the City to consider amending the City Code to extend daily business hours past 8 p.m.,consistent
with state law, and
WHEREAS, staff is also recommending changes to the City Code regarding retail
Marijuana businesses to do the following:
• Amend Section 15-605 of the City Code to allow the Chief Municipal Judge or their
designee to act as the Licensing Authority,which would align with current practice for the
Liquor Authority and provide additional local control and potential cost savings, since, to
date, the City has been contracting out for this service;
• Amend Section 15-614 of the City Code to change the restriction on criminal backgrounds
of licensees to align with state criminal background check requirements and address social
equity concerns to access into lawful marijuana licensure;
• Amend Section 15-620 of the City Code to change the current operating hours of retail
marijuana stores from 8:00 am to 8:00 pm to 8:00 am to 12:00 am in alignment with current
state law, and to eliminate a duplicate subparagraph; and
• Amend Section 15-621 of the City Code to regulate odor from all retail marijuana
businesses, rather than just cultivation facilities, to close a loophole and address
neighborhood concerns regarding the smell of marijuana at any licensed marijuana facility;
and
WHEREAS, Council has determined that the proposed amendments will be beneficial and
will advance the interests of the Fort Collins community by updating local provisions to conform
to state law and in general.
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.
-I-
Section 2. That Section 15-605 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-605. Composition.
The Authority shall be the Chief Municipal Judge or their designee.
Section 3. That Section 15-614(3) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-614. Persons prohibited as licensees.
No license shall be issued to, held by or renewed by any of the following:
(3) Any natural person who has been released within the three (3) years immediately
preceding the application from any form of incarceration or court-ordered supervision,
including a deferred sentence resulting from a conviction of any felony or any crime which
under the laws of the State would be a felony; or any crime of which fraud or intent to
defraud was an element, whether in the State or elsewhere;
Section 4. That Section 15-620 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-620. Prohibited acts.
(f) 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 12 a.m. daily.
Section 5. That Section 15-621(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-621.Visibility of activities; control of emissions.
(c) No retail marijuana business 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 retail marijuana business occurs. Sufficient measures and means of preventing the
escape of such substances from a retail marijuana business 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 business,the owner of the subject premises and the licensee shall be jointly and severally
liable for such conditions and shall be responsible for immediate, full clean-up and correction of
such condition. The licensee shall properly dispose of all such materials, items and other
substances in a safe, sanitary and secure manner and in accordance with all applicable federal,
state and local laws and regulations.
Section G. That Section 2 of this Ordinance is not effective until January 1, 2022.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
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Passed and adopted on final reading on this 1st day ptember, A. 021.
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Invoice Text�. NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I_ _N
STATE OF COLORADO }
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said-county-and state;_tbat the notice-or.-advertisement,,of--which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof,that the publication of said
notice was contained in the issues of said newspaper dated on
09/12/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
��Awwj")4&bw=t1
k/ 7 Legal Clerk
Subscribed and sworn to before me,within the County of Brown, State o Wisconsin this
20th of September 2021,
r
Notary Public
Notary Expires
V I C KY F E LTY Legal vo.00049osoxs
Notary Public
State of Wisconsin
Ad#:0004905028 "* Affidavit Prepared
P O:First Reading Noonday,September 20,202I t 1:14 am
This is not an invoice
#ofAftidavits: 1
COLLINS TIMNATH
THE NEEDS OF.:POPULATIONS INTERGOVERNMENTAL
DISPROPORTIONATELY HARMED, AGREEMENT REGARDING''
BY THE IMPACTS OF COVID-19 COOPERATION ON ANNEXATION
ORDINANCE N0.102,2021 GROW,kELANAGEME ANp
OF THE-COUNCIL.OF THE CITY OF: RELATED ISSUES
FORT'COLLINS APPROPRIATING ORDINANCE N0.109,2027
PHILANTHROPIC REVENUE: OF THE COUNCIL OFJHE CITY OF
RECEIVED:THROUGH,CITY GIVE FORT"COLLINS DESIGNATING;:THE
FOR NEIGHBORHOOD:SERVICES TO. THOMAS'PROPBRTY;i308;ING.TH .
SUPPORT:HEALTHY"OUTCOMES STREET;FORT:COLLINS
,.
_ FOR`MOBILE-HOME:PARK COLORADO AS;A-FORT CO NS;
RESIDENTS'_.HOMES AND— LANDMARKrP.,URSUANT.TO.L,'CHAP
PERSONAL WELL:BEING' TER14'OF.THE CODE:OF THE`.:CITY
ORDINANCE N0.1D3,2021 OF FORTCOLLINS
OF,THE.COUNCEL:OF THE CITY OF ORDINANCE NO,110,2021
FORT COLLINS.APP.ROPRIATING : OF THE,COU.NCI L OF'THE CITY'OF. "
UNANTICI PATE D:SHUTTERED FORT+,COLLI`NS:AUTHORIZINGTHE
VENUE OPERATORS;GRANT PURCHASING AGENT TO':ENTER
REVENUE IN THE CULTURAL INTO A CONTRAOT`FORSERV:ICES"
SERVECES& FACILITIES.FUND.FOR PROFESSIONAL SERVICES AND/OR.
THE LINCOLN CENTER CONSTRUCTION IN`EXCESS:OF`FIVEYEA FOR THE GOLF.
ORDINANCE NO.704,2021 PROESSIONA AT COLLINDALE
OF THE COUNCIL OF THE CITY OF GOLF COURSE
FORT COLLINS AMENDING
CHAPTER15,ARTICLE XVI OF THE ORDINANCE NO.11T,2021
CODE OF THE CITY OF FORT OF THE COUNCIL OF THE CITY OF
COLLINS REGULATING MEDICAL FORT COLLINS AUTHORIZING THE
MARIJUANA BUSINESSES;TO RURCHASING.,AGENT-TO ENTER
UPDATE,"CLARIFYAND"ALIGNCITY INTOA"CONTRACT:FOR.SERVICES,
CODE WITH STATE LAW PROFESSIONAL SERVICES'AND/OR
CONSTRUCTION'IN EXCESS OF FIVE
ORDINANCE NO.105;2021 YEARS FOR THE:GOLF
OF THE COUNCIL OF THE CITY OF PROFESSIONAL AT SOUTHR16GE
NOTICE :IS HEREBY GIVEN that.the FORT COLLINS AMENDING.. GOLF COURSE
m
Fort Collins City. Council, on Tuesday CH T
APTER 15,ARTICLE OF HE
Septeber;:? 2021;,passed and adopted CODE OF.THE`.CITY.OF FORT ORDINANCE NO.112,2021
the following ...ordinances on first COLLINS,REGULATING RETAIL' OF THE COUNCIL OF THE CITY OF
reoding. "These ordinances uVill be pre- MARIJUANABUSINESSES'TO FORT COLLINS AUTHOR IZING"THE
sented ,for: final passage on Tuesday UPDATE,CLARIFY:AND.ALIGN"CITY PURCHASING AGENT TO ENTER
September 27 2021: CODE WITH STATE LAWN INTO'A CONTRACT FOR SERVICES?
PROFESSIONAL:SERV ICESAN D/OR
ORDINANCE'NO.100;'2021 ORDINANCE NO 107,MI CONSTRUCTION`IN EXCESS OF FIVE:
OF THE:COUNCIL;OF THE CITY OF OF"THE;COUNCIL OF THE CITY OF :..,,YEARS.:FOR THE FOOD AND
..
FORT.COLCINS:APPROPRIATING F.ORT'COLCENS DISCONNECTING.': BEVEAGE`CONCESSION AT.
PRIORYEAR'RESERVES AND 'CERTAIN'P,OUDRE'SCHOOL SOUTH RIDGE GOLF COURSE
AUTHORIZING A TRANSFER IN THE DISTRICT.:PROPERTY"LOCATED AT
;GENERAL FUND FOR THE MARCH THE.INTERSECT:ION OF EAST . The full text of these ordinances'Cdn be
2D21 SNOWSTORM TREE AND PROSPECT:.ROAD AND LAR'IMER found at htfp:!lfcgov.com/publicnotices
'COUNTYRO AD5,FROMTHE City at
BRANCH g
TERRITORY:OFTHECITY OF FORT (970)221-6515.
ORDINANCE"NO."107,.2021" COLLINS
:OF THE:.000NCIL`OF:THE'.CITY OF 0084905028
FORT.COLLINS'APPROPRIATING ORDINANCE NO 10'8,202] Caloradoan
PHILANTHROPIC REVENUE OFaTHE COUNCIL OF:THE CITY OF Sept 12;an
RECEIVED THROUGH CITY GIVE FORT COLLINS APPROVING THE '.
FOR ACTIVE MODES TO ADDRESS EIGHTH'AMENDMENT:TO THE:!F.ORT
Account#: FTC-003160 --
FORT-COLLINS
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Invoice Text
—J NOTICE IS ]-HEREBY GIVEN that the Fort Collins City Coun,
STATE OF COLORADO }
}ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER }
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published iir thei'cgi_iIa_r__.
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
09/26/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal.notices and advertisements within
the meaning of the laws of the State of Colorado.
legal Clerk
Subscribed and sworn to before roe,within the County of Brown,State of Wisconsin this
26th of September 2021.
Notary Public
Notary Expires
VICKY FELTY
Notary Public Legal No.0004925676
State of Wisconsin
Ad#:0004925676 Affidavit Prepared
P O: Sunday.Seplemtrer 26,20 3:35 am
This is not an invoice
#of Affidavits 1
NOTICS?HEREB`(GWEN that the
Fort Col City Coy' c€1,on Tuesday,
5btember 21 2021,pgssed and;ddopted;
he following ord€npnces an second {
reading i
ORDINANCE N0:100,hi}27
OF.,THE,COUNCI.L OF THE C.(TY OF <
FORT COLLINS "
APPROPRIATING PRIOR,.YEAR RE
SERVES AND'AUTHDRIZING;
.A TRANSFER IN:T.HE.GEN.ERAL
'F U N D'FOR'THE MARC H'2021:
SNOWSTORM TREE=AND.BRANCH
CLEANUP.
ORDINANCE 1`40.:1011 202.I ..
OF THE CO.UNCIL?OF THE,CITY OF
'FORT:COLLINS
'APPROPRIATING PHILANTHROPIC
REVENUE
RECEEVED THROUGH CITY GIVE
i,FOR'ACTIVE MODES.TO ADDRESS
THE NEEDS OF
POPULATIONS DISPROPORTION
A.TELY`,HARMED BY THE IMPACTS.,'., '
:.OF COVID-19
ORDINANCE'NO.102,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS' '
APPROPRIATING PHILANTHROPIC
REVENUE RECEIVED THROUGH
CITY GIVE'
FOR NEIGHBORHOOD SERVICES TO
SUPPORT HEALTHY OUTCOMES
FOR MOBILE HOME PARK.RESI
'DENTS
HOMES AND PERSONAL
WELLBEING
ORDINANCE NO,103,2021
OF:THE COUNCIL OF:THE CITY OF..
FORT COLLINS
..APPROPRIATING UNANTICIPATED` FORT COLLINS " YEARS CONCFOR:ESSION
AT.,80 T RIDGE
SHUTTERED VENUE OPERATORS APPROVING THE EIGHTH AMEND AGE CONCESSION AT SOUTH RIDGE
GRANT REVENUE 1NTHE CULTUR,' MENT TO THE'FORT'COLLINS-TIM GOLF COURSE:
AL SERVICES&FACILITIES FUND i. MATH INTERGOVERNMENTAL
FOR THE` AGRE£MENT;REGARDING'COOPER- The fuI!text of these ordlriances can be
LINCOLN CENTER. gTION DN`ANNEXATIONTGROWTH . found at http.a/fc9ov.cam/public3iatices
MANAGEMENT,AND RELATED Is or by calling the.City Clerk's Off€ce:ot
ORDINANCE NO 704,2021 SUES, 970.221.6515.
OF,THE.000 NCI L"OF THE CITY OF
FORT COL INS" ORDINANCE N0 109,2021 000490499E
AMENDING CHAPTER 15,ARTICLE OF.THE COUNCIL OF
'THE CITY OF Coloradoan
XVI OF THECODE':OF.THE CITY OF:. :FORT COLLINS 1. Sept 26,2021
FORT COLL'INS`REGU LATE NG DESIGNATING THE THOMAS'PROP.
MEDICAL'MARIJUANA BUSINESSES.:..:ALIGN COLLINS,
S,c0 CHERRY STREET,A FORT
CITY CODE WITH'STATE:LAW.
COLLI NS/COLORADO,AS A FORT
COLLINS LANDMARK PURSUANT TO
ORD]NANCE.NO.7OS,Z02Y' : CHAPTER 14rOF THE;CODE OF THE
CITY OF FORT COLLINS
,..OF THECOUNCIL"for.THE CITY OF..
FORT.:COLLINS ORDINANCE NO.110;2021
AMENDING CHAPTER 15,ARTICLE' OF THE COUNCIL OF THE CITY OF
XV.II OF THE CODE OF THE CITY OF FORT COLLI NS
FORT COLLINS REGULATING RE- AUTHORIZING THE PURCHASING
TAIL MARIJUANA'BUSINESSES TO AGENTTO>ENTER;;INTO.A:CON
UPDATE,CLARIFY AND ALIGN CITY TRACT FOR 3ERVICES,:PROFESSIO
CODE WITH STATE LAW „ . NAL"SERVICES ANDIOR.CONSTRUC
ORDINANCE NO.107,2621 TION'IN EXCESS OF':FIVE Y.EARS
FOR THE GOLF PROFESSIONAL AT
OF THE COUNCIL.OF THE:CITY OF
FORTCO,LLINS COLL]N04L£GOLF:COORSE.=
.
�OISCONNECTING'CERTAIN'POUDRE ORDINANCE'NO.II1",`2021 , ,
SCHOOL'DISTRICT.'.PROPERTYLO- OF;,THE:'COUNCIL'OF:THE"CITY OF
GATED ATTHEANTERSECTION OF: FORT COLLINS
EAST PROSPECT ROAD AND LARIM• " AUTHORIZING THE P..URCHASING
ER,COUNTY R, P,,S< ,s AGENTTD ENTER'INTO A'CON CITY OF. E TEITORY OF THE FROM TH TRACT FOR SERVICES,PROFESSIO-
FORT;,:COLLINS NAL SERVICES AND/OR CONSTRUC-
T ION IN EXCESS OF FIVE YEARS.
OF THE?COUNCIL:OF THE'CITY OF. FOR THE GOLF PROFESSIONAL AT
SOUTH R I DGE'GOLF:COU RSE.;
ORDINANCE NO 112 2021
.OF..THE'COUNCII. OF T E CITY OF
FORT.COLLINS
AUTHORIZING THE,:P..URCyASING
—AGENT TOENTFR4NTO A
CONTRACT-FOR SERVICES,,PROFES-
'SIONAL'SE RVICES.AN IJMW,-"
'CONSTRUCTION IW'EXCESS'OF FIVE