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HomeMy WebLinkAbout117 - 10/06/2015 - AMENDING SECTIONS 15-613 AND 15-614 OF CITY CODE TO CLARIFY THE STANDARD FOR PERSONS PROHIBITED AS L ORDINANCE NO. 117, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 15-613 AND 15-614 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE STANDARD FOR PERSONS PROHIBITED AS LICENSEES AND TO REQUIRE A SIX MONTH WAITING PERIOD FOR REAPPLICATION OF A LICENSE FOR ANY APPLICANT DENIED A LICENSE BY THE MARIJUANA LICENSING AUTHORITY ON THE BASIS OF FALSE, MISLEADING, OR FRAUDULENT • . STATEMENTS OR INTENTIONAL OMISSIONS OF PERTINENT INFORMATION WHEREAS, Article XVII of Chapter 15 of the City Code limits those individuals allowed to be licensed to sell retail marijuana; and WHEREAS, the current language of City Code Section 15-614 in the retail marijuana provisions states no license shall be issued to, held by or renewed by any applicant who has omitted pertinent information on his or her application for a license; and WHEREAS, Article XVI of Chapter 15 of the City Code limits those individuals allowed to be licensed to sell medical marijuana; and WHEREAS, the current language of Section 15-474 in the medical marijuana provisions states no license shall be issued to, held by, or renewed by any applicant who has intentionally omitted pertinent information on his or her application for a license; and WHEREAS, staff recommends the Medical and Retail Marijuana licensing provisions be consistent so that both prohibit persons from being issued licenses for intentionally omitting pertinent information; and WHEREAS, staff believes there should be a consequence and a limitation on subsequent applications when an applicant is denied for such types of intentional omissions; and WHEREAS, staff recommends that such consequence should be a prohibition on applying to the Marijuana Licensing Authority (the "Authority") for a period of six months from the date of the denial by the Authority; and WHEREAS, ,staff believes such a prohibition will encourage compliance with the application standards and will reduce subsequent fraudulent applications; and WHEREAS, the City has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: - 1 - , Section 1. That Section 15-613 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-613. Denial of application and consequences. (a) The Authority shall deny any application that does not meet the requirements of the Colorado Retail Marijuana Code, the rules and regulations promulgated thereunder or the provisions of this Article. (b) An applicant that has been denied a license by the Marijuana Licensing Authority for including a false, misleading or fraudulent statement, or for intentionally omitting pertinent information on his or her application for a license, in violation of Section 15- 614 (6) of this Article, shall not be permitted by the Authority to submit a subsequent application for a period of(6) six months from the date of the denial. Section 2. That Section 15-614 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: (1) any person who is, at the time of application for a retail marijuana store, not currently licensed to operate a medical marijuana center and in good standing under both the Colorado Medical Marijuana Code and the City Code; (2) any person prohibited pursuant to Section 12-43.4-306, C.R.S; (3) any natural person who has been released within the ten (10) 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; (4) any entity whose directors, shareholders, partners or other persons having a financial interest in said entity have been convicted of any of the offenses set forth in Paragraph(3) above; (5) any person whose criminal history renders him or her ineligible under Paragraph (2) above, or who employs a person at a retail marijuana establishment who has a criminal history that renders said person ineligible; - 2 - (6) any applicant who has made a false, misleading or fraudulent statement, or who has intentionally omitted pertinent information, on his or her application for a license; (7) any applicant whose license'for a medical or retail marijuana establishment in this State or any other state has been revoked. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. *ORT CO4 o�: '•%ti 1. SAL i ayor ATTEST: •'o • COLOF�PO City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. OF FORTOO A. `I:Z' .��AL 'n ayor ATTES cK OR A00 City Clerk 7 - 3 -