HomeMy WebLinkAbout130 - 12/06/2016 - AMENDING CERTAIN LABELING AND TESTING PROVISIONS OF CITY CODE RELATED TO RETAIL MARIJUANA BUSINESSESORDINANCE NO. 130, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN LABELING AND TESTING PROVISIONS OF THE
CODE OF THE CITY OF FORT COLLINS RELATED TO RETAIL MARIJUANA
BUSINESSES TO ELIMINATE DUPLICATION OF AND CONFLICT WITH STATE LAW
WHEREAS, the State of Colorado's retail marijuana rules are ever-evolving, with the
latest rules expected to become effective January 1, 2017; and
WHEREAS, the state rules set forth a comprehensive process regarding the testing and
labeling of contaminants and potency in retail marijuana products for retail marijuana businesses;
and
WHEREAS, even after a retail marijuana business has satisfied the state's requirements
regarding contaminants and potency, there is an additional provision of the state rules that allows
for the State Marijuana Enforcement Division to require such businesses to submit a sample of
retail marijuana, without notice, to be tested for potency and contaminants; and
WHEREAS, the City Code provisions regarding retail marijuana testing and labeling
were adopted prior to the state's adoption of rules regarding the same, and are therefore,
duplicative and in some cases inconsistent; and
WHEREAS, the Council desires to eliminate the local provisions regarding labeling and
testing to defer to the state law provisions in order to avoid inconsistency and duplication
between the two sets of requirements.
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 15-608 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-608. - Retail marijuana stores.
a) 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.
b) A retail marijuana store and medical marijuana center held by the same
licensee shall be contiguous, located within the same building and under the
exclusive control of the licensee.
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c) 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.
Section 3. That Section 15-610 of the Code of the City of.Fort Collins is hereby
amended to read as follows:
Sec. 15-610. - Retail marijuana products manufacturing facilities.
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.
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.
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 licensee to permit the consumption of retail marijuana
or retail marijuana products on the licensed premises.
c) 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.
d) 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.
e) It shall be unlawful for retail marijuana establishments to distribute marijuana or
marijuana-infused products to a consumer free of charge.
f) 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.
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g) 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
8:00 p.m. daily.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2016, and to be presented for final passage on the 6th day of December, A.D.
2016.
FORTCp Mayor
ATTEST:
ti N
SEAL
Chief Deputy City Clerk OLORP
Passed and adopted on final reading on the 6th day of December, A.D. 2016.
S
Mayor
ATTEST: SEAL
ORA
City Clerk
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