HomeMy WebLinkAbout069 - 06/15/2010 - AMENDING SECTION 4 OF ORDINANCE NO. 025, 2010, TO CHANGE THE MEANING OF THE SAME OWNERSHIP REQUIREME ORDINANCE NO. 069, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4 OF ORDINANCE NO. 0251 2010, TO CHANGE THE
MEANING OF THE "SAME OWNERSHIP" REQUIREMENT AS APPLIED TO
EXISTING MEDICAL MARIJUANA BUSINESSES THAT WISH TO APPLY FOR
LICENSING UNDER CHAPTER 15, ARTICLE XVI OF THE
CODE OF THE CITY OF FORT COLLINS
WHEREAS,on March 16,2010,the City Council adopted on second reading Ordinance No.
025,2010,which added Article XVI to Chapter 15 of the City Code to govern the licensing,location
and operation of medical marijuana businesses; and
WHEREAS,Ordinance No.02.5,2010,also temporarily limited eligibility for licensing under
the newly established licensing provisions of Chapter 1.5,Article XV to"existing medical marijuana
businesses" as defined in Section 3 of said Ordinance; and
WHEREAS, on May 4, 2010, the City Council approved on second reading Ordinance No.
047, 2010, amending Sections 3 and 4 of Ordinance No. 025, 2010, to clarify the definition of an
"existing medical marijuana business"; and
WHEREAS, Section 4 of Ordinance No. 025, 2010, as amended, states that, in order for a
medical marijuana business to qualify as an "existing medical marijuana business" that is currently
eligible to apply for licensing under Chapter 15,Article XVI,the application for licensing submitted
to the City must be submitted in the same business name and same owner's name as appear on any.
other license or permit previously issued to such business by the City; and
WHEREAS, Section 4 of Ordinance No. 025, 2010, further states that, in order for an
application submitted on behalf of an entity to be considered to be in the same owner's name, all of
the principals listed on the application as having an ownership interest in the entity must be identical
to the principals listed on the application for the sales and use tax license previously issued to such
business by the City; and
WHEREAS, City staff has found, during the early stages of the medical marijuana business
licensing process, that many existing medical marijuana businesses in the City that are owned by
business entities, rather than natural persons, have undergone changes in the identity of the
individuals who hold ownership interests in the entities,even though the entities continue to operate
under the same business name and even though one or more of the principals in the business has
remained the same; and
WHEREAS,the City Council believes that existing medical marijuana businesses should not
be prevented from applying for licensing under Chapter 15,Article XVI simply because the identity
of one or more of the principals who hold an ownership interest in such business has changed; and
WHEREAS, some continuity of ownership is nonetheless necessary in order for a medical
marijuana business to be considered an existing business.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 4 of Ordinance No.025,2010,as previously amended by Ordinance No.047,
2010, is hereby further amended to read in its entirety as follows:
Section 4. That any owner or operator of an existing medical marijuana business shall,
on or before June 30, 2010, submit an application for a license under the provisions of Section 15-
453 of the City Code as enacted by the adoption of this Ordinance, whether or not such owner or
operator has previously obtained any other license or permit related to such business. Said
application shall be submitted to the City in the same business name and owner's name as appear
on the sales and use tax license previously issued to such business by the City. For the purposes of
this provision, an application shall be considered to be in the same owner's name if at least one of
the principals listed on the application as having an ownership interest in the business is identical
to one of the principals listed on the application for the previously issued sales and use tax license.
If such application is for a location different than the present location of the medical marijuana
business, such location must be consistent with the location requirements contained in Section 15-
454 of the City Code, as enacted by the adoption of this Ordinance, and consistent with the zoning
requirements contained in Ordinance No. 026,2010. If such application is approved by the City,the
establishment of the medical marijuana business at such new location shall be subject to all relevant
provisions and requirements of the Land Use Code.
Introduced and considered favorably on first reading and ordered published this 1st day of
June, A.D. 2010, and to be presented for final passage on t day of June, A.D. 20 0.
J
Mayor
ATTEST:-
OL
City Clerk
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Passed and adopted on final reading this 15th day of June, A.D. 2010.
Mayor ,
ATTEST:
City, Cleik-
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