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HomeMy WebLinkAbout047 - 05/04/2010 - AMENDING ORDINANCE NO. 025, 2010, TO CLARIFY THE APPLICATION OF CHAPTER 15, ARTICLE XVI OF THE CITY ORDINANCE NO . 0471 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO . 025 , 20109 TO CLARIFY THE APPLICATION OF CHAPTER 15 , ARTICLE XVI OF THE CITY CODE TO EXISTING MEDICAL MARIJUANA BUSINESSES WHEREAS , on March 16, 2010, the City Council adopted on second reading Ordinance No. 0251 2010, (the "Ordinance"), which added Article XVI to Chapter 15 of the City Code to govern the licensing, location and operation of medical marijuana businesses ("MMBs"); and WHEREAS , Section 3 of the Ordinance states that, until such date, if any, that is established by the City Council, no application for approval of a MMB shall be accepted by the City except applications for the licensing of an existing MMB ; and WHEREAS , said Section 3 defines an "existing MMB" as one that, on or before December 11 , 2009, was issued a sales and use tax license by the City and that, on or before the effective date of the Ordinance, had actually "commenced operation"; and WHEREAS , Section 4 of the Ordinance states, in effect, that the owner or operator of any existing MMB who wishes to continue to operate in the City must, on or before June 30, 2010, submit an application for a MMB license under the provisions of Section 15 -453 of the City Code and that such application must be in "the same business name and owner' s name" as appear on any other license or permit previously issued to such business by the City; and WHEREAS , in administering the provisions of said Sections 3 and 4, City staff has encountered questions of interpretation that the City Council wishes to address ; and WHEREAS, Section 7 ofthe Ordinance states that all existing businesses whose applications for a MMB license are approved by the City shall be issued a one-year provisional license pending a determination by the City Council as to whether such businesses will be allowed to remain in their current locations ; and WHEREAS , existing businesses whose location meets the location requirements contained in Section 15 -454 and the zone district standards contained in Article IV of the Land Use Code should instead be issued a non-provisional license; and WHEREAS , for the foregoing reasons, the City Council believes it to be in the best interests of the City to amend Sections 3 , 4 and 7 of the Ordinance . NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Sections 3 , 4 and 7 of Ordinance No. 025 , 2010, are hereby amended to read as follows : Section 3 . That, until such date, if any, that is established by the City Council pursuant to the provisions of Section 9(b) below, no application for approval of a medical marijuana business license shall be accepted by the City except applications for the licensing of an existing medical marijuana business . For the purposes of this Ordinance, an "existing medical marijuana business" shall mean a medical marijuana business that: (a) on or before December 11 , 2009, was issued a sales and use tax license by the City; (b) has maintained such license in good standing by complying with all relevant provisions of Chapter 25 , Divisions 2 and 3 of the City Code; and (c) on or before March 26, 2010, has either commenced the sale of medical marijuana, as evidenced by sales tax returns submitted to the City under Section 25 - 123 (c) of the City Code, or has expended, or entered into a legally binding, irrevocable, unconditional obligation to expend, at least Five Thousand Dollars ($ 5 ,000 . 00), as evidenced by documentation satisfactory in form to the City Manager, for the purchase, lease, or improvement of real property or for the acquisition of personal property, other than medical marijuana, to be used solely for the purpose of establishing or operating the medical marijuana business for which the sales and use tax license was issued by the City. 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 any other license or permit previously issued to such businesses by the City. For the purposes of this provision, an application shall, in the case of an entity, be considered to be in the same owner' s name only if all of the principals listed on the application as having an ownership interest in the entity are identical to 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. Section 7 . That any existing medical marijuana business whose application for licensing is timely filed under Section 4 above and is approved by the City be issued a license pursuant to the provisions of Sections 15 -453 through 15 -457 of the City Code and shall, upon issuance of the license, be subject to all of the provisions of Chapter 15 , Article XVI of the City Code provided, however, that: (a) any such applicant whose business location does not meet the location requirements contained in Section 15 -454 of the City Code or the zone district -2- r standards contained in Article IV of the Land Use Code shall instead be issued a one- year provisional license pending further action by the City Council by ordinance as provided in subsection (b) below; and (b) applicants who are issued a provisional license under subsection (a) of this Section 7 shall not be required to pay the annual license fee required under Section 15-467 as enacted by the adoption of this Ordinance,until such time,if at all,that the City Council confirms by ordinance, after receiving the report and recommendation of the City Manager as required in Section 8 below, that the existing medical marijuana business for which a particular provisional license has been issued shall be permitted to remain in operation in its current location. All existing medical marijuana businesses approved by the City Council in their present locations shall then be issued a non-provisional license for the remainder of the term of the provisional license, upon payment of the annual license fee. Section 4. That all other provisions of Ordinance No. 025, 2010, are to remain in full force and effect. Introduced, considered favorably on first reading, and ordered published this 20th day of April, A.D. 2010, and to be presented for final passage on the 4 a of May, A.D. 2010. ` Mayor ATTEST: City Clerk` Passed and adopted on final reading on the 4th day of A.D. 2010. Mayo 4 ATTEST: City Clerk -3-