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HomeMy WebLinkAbout2010-056-08/17/2010-POSTPONING THE CITY COUNCIL'S DECISIONS AS TO WHETHER EXISTING MEDICAL MARIJUANA BUSINESSES SHOULD B RESOLUTION 2010-056 OF THE COUNCIL OF THE CITY OF FORT COLLINS POSTPONING THE CITY COUNCIL'S DECISIONS AS TO WHETHER EXISTING MEDICAL MARIJUANA BUSINESSES SHOULD BE ALLOWED TO REMAIN IN THEIR CURRENT LOCATIONS AND AS TO WHEN, IF AT ALL, APPLICATIONS FOR NEW MEDICAL MARIJUANA BUSINESSES SHOULD BE ACCEPTED BY THE CITY 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 "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, Section 9 of Ordinance No. 025, 2010, directs the City Manager to make recommendations to the City Council on or before September 1, 2010, as to whether the location requirements for medical marijuana dispensaries contained in Section 15-454 of the City Code should be made applicable to existing medical marijuana businesses and when, if at all, the City should begin accepting applications for new medical marijuana businesses; 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 establishes a deadline for existing medical marijuana businesses to apply with the state in order to continue in operation; and WHEREAS, the Colorado Medical Marijuana Code also establishes a moratorium on the filing of applications for new medical marijuana businesses until July 1, 2011; and WHEREAS, the State application deadline of August 1, 2010, has passed and, depending upon the number of local applicants that have applied for licensing by the State and the number that are ultimately approved by the State,the number of existing medical marijuana businesses in the City that are eligible for local licensing could decrease; and WHEREAS,City staff believes it would be beneficial to gather additional information on the number of local existing businesses that are eligible for licensing under state law before making the recommendations required by Section 9 of Ordinance No. 025, 2010; and WHEREAS, the City Manager has therefore recommended that the City Council postpone the foregoing decision and the City Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council's decisions as to whether the location requirements for medical marijuana dispensaries should be made applicable to existing medical marijuana businesses, and when, if at all, the City should begin accepting applications for new medical marijuana businesses are hereby postponed until no later than July 1, 2011, or such earlier date as the City Manager may determine is appropriate. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of August A.D. 2010. Mayor ATTEST_ 51VAvLAA .. City Clerk