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_
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City Clerk