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Home My WebLink About095 - 09/07/2010 - MAKING CERTAIN AMENDMENTS TO CHAPTER 15, ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS GOVERNI ORDINANCE NO. 095, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 15, ARTICLE XVI OF THE CODE OF THE CITY OF FORT COLLINS GOVERNING THE LICENSING, LOCATION AND OPERATION OF MEDICAL MARIJUANA BUSINESSES WHEREAS,on March 16,2010,the City Council adopted on second reading Ordinance No. 025, 2010, adding a new Article XVI to Chapter 15 of the City Code, which Article governs the licensing, location and operation of medical marijuana businesses (the "Local Regulations"); and WHEREAS, Ordinance No. 025, 2010, as amended by Ordinance No. 047, 2010, also establishes a process whereby existing medical marijuana businesses may apply for a local license; and WHEREAS,on June 7,2010,the governor signed House Bill 10-1284 into law enacting Title 12,Article 43.3 of the Colorado Revised Statutes(the"Colorado Medical Marijuana Code"),which regulates the cultivation, manufacture, distribution, and sale of medical marijuana as a matter of state-wide concern; and WHEREAS, the Colorado Medical Marijuana Code states that on or after July 1, 2011, all businesses engaged in the cultivation,manufacture,or sale of medical marijuana or in the processing of medical marijuana-infused products shall be subject to its terms and conditions and any rules promulgated pursuant thereto; and WHEREAS, the Colorado Medical Marijuana Code also authorizes counties and municipalities in Colorado to prohibit or regulate medical marijuana businesses and to adopt regulations consistent with the intent of the state law that are more restrictive than the State's; and WHEREAS,City staff has extensively reviewed the Local Regulations and has recommended that certain inconsistencies between the Local Regulations and the Colorado Medical Marijuana Code should be immediately addressed so as to facilitate the licensing of local, existing medical marijuana businesses, while certain other inconsistencies should be further studied before changes are made; and WHEREAS, during the process of reviewing applications submitted to the City by existing medical marijuana businesses, City staff has identified some additional issues and concerns that it believes the City Council should immediately address by amending the Local Regulations; and WHEREAS,the City Council has reviewed these staff recommendations and has concluded that the recommended amendments to the Local Regulations are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition "Medical marijuana cultivation facility or cultivation facility" contained in Section 15-451 of the Code of the City of Fort Collins is hereby amended to read as follows: Medical marijuana cultivation facility or cultivation facility shall mean a building, structure or premises used for the cultivation or storage of medical marijuanathat is physically separate from any medical marijuana dispensary and that is designated as part of the premises of a medical marijuana dispensary licensed pursuant to this Article, or as part of a medical marijuana dispensary owned and lawfully operated by a licensee in another Colorado county or municipality,or as part of a medical marijuana delivery business that delivers medical marijuana solely within the territorial limits of the City. Section 2. That Section 15-456 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-456. Issuance of license; duration; renewal. (a) A license shall be issued for each dispensary or cultivation facility that is included in an application for a medical marijuana business license. Such licenses may be independently issued as each proposed facility is approved by the City. Each license shall show the name of the licensee,the physical address for which the license is issued, and the type of facility or business for which it is issued. The license shall be displayed at the physical address indicated on the license, if any, pursuant to Subsection 15-458(c) below. (b) Except as may otherwise be required by law, each license issued pursuant to this Article shall be valid for one (1) year from the date of issuance and may be renewed only as provided in this Article. All renewals of a license shall be for no more than one(1)year.An application for the renewal of an existing license shall be made to the City Manager not more than sixty(60)days and not less than thirty(30) days prior to the date of expiration of the license.No application for renewal shall be accepted by the City Manager prior to or after such date. The timely filing of a renewal application shall extend the current license until a decision is made on the renewal. Section 3. That Section 15-463 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-463. Security requirements. (a) Except as may be authorized by the City Manager, security measures at dispensaries and cultivation facilities shall include at a minimum the following: -2- (1) security surveillance cameras installed to monitor all entrances,along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises; (2) robbery and burglary alarm systems which are professionally monitored and maintained in good working condition; (3) a locking safe permanently affixed to the premises that is suitable for storage of all medical marijuana and cash stored overnight on the licensed premises; (4) exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of this Code and the Land Use Code; and (5) locking systems for exterior doors that are designed and installed in such fashion as to deter unlawful entry and provide safe emergency egress. Section 4. That Section 15-469 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-469. Prohibited acts. It shall be unlawful for any licensee to: (4) sell, give, dispense or otherwise distribute to another licensee, or to any medical marijuana business that is licensed in another jurisdiction in the State, more than four (4) ounces of medical marijuana in any usable form within any seven-day period of time;provided,however,that this limitation shall not apply to medical marijuana that is distributed to a medical marijuana business owned by the licensee; (6) purchase or otherwise obtain from any licensee or from any medical marijuana business that is licensed in another jurisdiction in the State more than four (4) ounces of medical marijuana in any usable form within any seven-day period of time; provided, however, that this limitation shall not apply to medical marijuana that is obtained from a medical marijuana business owned by the licensee; -3- Section 5. That Chapter 15,Article XVI of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 15-481 which reads in its entirety as follows: See. 15-481. Administrative Regulations. The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation, administration and enforcement of this Article. Introduced, considered favorably on first reading, and ordered published this 17th day of August, A.D. 2010, and to be presented for final passage on the 741rday of September, A.D. 2010. Mayor ATTEST: ^ � 2 City Clerk Passed and adopted on final reading on the 7th day of Se ber, A.D. 2010. Mayo ATTEST: " City Clerk -4-