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Home My WebLink AboutORDINANCE 23-19ORDINANCE NO.23-19 CITIZEN INITIATED ORDINANCE TO PERMIT THE OPERATION OF MARIJUANA FACILITIES WITHIN TOWN LIMITS WHEREAS,on July 31,2019,an Initiated Ordinance Petition was filed with the Town Clerk;and WHEREAS,on September 10,2019,the Town Clerk presented a Statement of Sufficiency to the Town Board stating that the Initiated Ordinance Petition has the requisite number of signatures;and WHEREAS,the Board of Trustees have reviewed the Initiated Ordinance Petition. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,as follows: Section 1:The two articles that require amending are articles 9.44 and article 9.48: a.9.44 currently states “it is unlawful for any person to operate,cause to be operated or permit to be operated a medical marijuana center,an optional premises cultivation operation,or a medical marijuana-infused products manufacturing facility in the Town.”Whereas those who sign this petition believe it should read,“it is lawful for a person operating under an Estes Park issued license to operate a medical marijuana center and/or an optional premises cultivation operation in the Town.It is unlawful for any person to operate,cause to be operated or permit to be operated a medical marijuana- infused products manufacturing facility in the Town” b.9.48 currently states “It is unlawful for any person to operate,cause to operate or permit to be operated any marijuana cultivation facilities,marijuana product manufacturing facilities,marijuana testing facilities and retail marijuana stores within the Town,and all such uses are hereby prohibited in any location within the Town or within any area hereinafter annexed to the Town.”Whereas those who sign this petition believe it should read,“it is lawful for a person operating under an Estes Park issued license to operate a marijuana cultivation facility and/or retail marijuana stores within the Town.It is unlawful for any person to operate,cause to operate or permit to be operated any marijuana product manufacturing facilities or marijuana testing facilities” c.Article XVIII,Section 16 of the Colorado constitution gives Colorado citizens the ability to establish and operate marijuana establishments,whereas the Town of Estes Park’s municipal code takes that ability away.The Town would greatly benefit from a new source of revenue and it’s in the best interest of the citizens of Estes Park to preserve their personal freedoms. d.The purpose of this initiated measure is to amend the Estes Park municipal codes,article 9.44 and 9.48 in order to more align with the state law,Article XVIII,Section 16 and the Colorado medical marijuana code.Allow the operation of Recreational Marijuana Establishments and Medical Maruana Businesses within the town limits of the Town of Estes Park. e.The initiated ordinance would: 1.Amend the municipal code to allow the operation of Recreational Marijuana Establishments and Medical Marijuana Businesses within the town limits of the Town of Estes Park. 2.Provide for the lawful sale and cultivation of recreational and medical marijuana pursuant to the state licensing system. 3.Limit permitted Town zones for the operation of licensed retailers and cultivators to Commercial —Outlying (CO)and Commercial —Heavy (CH). 4.Prohibit the operation of licensed retailers and cultivators in the Commercial Downtown (CD)zone as well as any zone that is not (CO)or (CH) 5.Create setbacks requiring the operation of licensed retailers and cultivators to be at least 1000 ft from schools (K-12) 6.Create four classes of licenses:a)Retail Marijuana Cultivation Facility,b) Retail Marijuana Store,c)Medical Optional Premises,d)Medical Marijuana Center. 7.Support dual licensing for each type of license (local in addition to state licenses) 8.Impose a limit of three license holders for each type of license. 9.Impose community outreach,which requires the education of responsible consumption to the consumer base of Estes Park. 10.Permit and impose taxation of revenues derived from commercial marijuana facilities (both excise tax and retail sales tax)via an election in November 2019 and determine the allocation of said revenues via an election in November2019. 11 Not allow the imposition of unreasonably impractical measures to comply with Town regulations concerning marijuana establishments and businesses. 12.Allow the Town to establish administrative rules in support of the new licenses and application processes. 13.The types of licenses are as follows: a.Recreational marijuana cultivation facility:license allowing for the cultivation of recreational marijuana products. b.Medical cultivation:license allowing for the cultivation of medical marijuana products. c.Retail marijuana store;license allowing for the sale of recreational products d.Medical marijuana center:license allowing for the sale of medical products 14.The application process shall include the following with details to be determined through the Town’s administrative rule-making process: a.Application procedure b.Application requirements will include the following (and is not limited to the following) 1.Site plans 2.Operating plans 3.Security plan 4.Community outreach and engagement c.Application fees 1.Initial application fees 2.Annual renewal fees d.Ownership requirements e.Background checks f.Inspections f.DEFINITIONS.As used in this section,unless the context otherwise requires: 1.“Colorado Medical Marijuana Code”means article 43.3 of title 12, Colorado Revised Statutes. 2.“Consumer”means a person twenty-one years of age or older who purchases marijuana or marijuana products for personal use by persons twenty-one years of age or older,but not for resale to others. 3.“Marijuana”or “marihuana”means all parts of the plant of the genus cannabis whether growing or not,the seeds thereof,the resin extracted from any part of the plant,and every compound,manufacture,salt, derivative,mixture,or preparation of the plant,its seeds,or its resin, including marihuana concentrate.“Marijuana”or “marihuana”does not include industrial hemp,nor does it include fiber produced from the stalks, oil,or cake made from the seeds of the plant,sterilized seed of the plant which is incapable of germination,or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations,food, drink,or other product. 4.“Medical Marijuana Business”means a licensed Medical Marijuana Center,a Medical Marijuana-Infused Products Manufacturer,an Optional Premises Cultivation Operation,a Medical Marijuana Testing Facility,a Medical Marijuana Business Operator,a Medical Marijuana Transporter,a Marijuana Research and Development Facility,or a Marijuana Research and Development Cultivation. 5.“Marijuana accessories”means any equipment,products,or materials of any kind which are used,intended for use,or designed for use in planting, propagating,cultivating,growing,harvesting,composting,manufacturing, compounding,converting,producing,processing,preparing,testing, analyzing,packaging,repackaging,storing,vaporizing,or containing marijuana,or for ingesting,inhaling,or otherwise introducing marijuana into the human body. 6.“Marijuana cultivation facility”means an entity licensed to cultivate, prepare,and package marijuana and sell marijuana to retail marijuana stores “Marijuana establishment”means a marijuana cultivation facility,a marijuana testing facility,a marijuana product manufacturing facility,or a retail marijuana store. 7.“Marijuana product manufacturing facility”means an entity licensed to purchase marijuana;manufacture,prepare,and package marijuana products;and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores,but not to consumers. 8.“Marijuana products”means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption,such as,but not limited to, edible products,ointments,and tinctures. 9.“Marijuana testing facility”means an entity licensed to analyze and certify the safety and potency of marijuana. 10.“Medical marijuana center”means an entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of this article and the Colorado Medical Marijuana Code. 11.“Retail marijuana store”means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. 12.”Unreasonably impracticable”means that the measures necessary to comply with the regulations require such a high investment of risk,money,time,or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. On September 10,2019,the Board of Trustees of the Town of Estes Park, Colorado did not pass the ordinance,and by state statute 31-11-1 04 have referred the initiated ordinance to the registered electors to a special election on December 10,2019. RESOLUTION 26-19 TO REFER CITIZEN INITIATED ORDINANCE 23-19 TO A SPECIAL MUNICIPAL ELECTION ON TUESDAY,DECEMBER 10,2019 WHEREAS,on July 31,2019,an Initiated Ordinance Petition was filed with the Town Clerk;and WHEREAS,on August 28,2019,the Town Clerk issued a Statement of Sufficiency and presented the petitions to the Town Board on September 10,2019 stating that the Initiated Ordinance Petition has the requisite number of signatures;and WHEREAS,the Board of Trustees have reviewed the Initiated Ordinance Petition;and WHEREAS,following said review the Board of Trustees did not adopt the Initiated Ordinance Petition as presented. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,as follows: 1.Initiated Ordinance 23-19 is hereby referred to the registered electors of the Town of Estes Park,Colorado for a Special Municipal Election on December 10,2019. 2.The Town Clerk is hereby ordered to forthwith publish the Initiated Ordinance. 3.The ballot question shall read as follows: Shall the operation of a limited number of marijuana facilities to include retail marijuana cultivation facilities,retail marijuana stores,medical optional premises,and medical marijuana centers,be allowed within Town limits? YES ____ NO 4.It is the decision of the Town Board of Trustees by the adoption of this Resolution to hold the Special Election as a mail ballot election pursuant to the provisions of Section 31-10-907—31-10-913 C.R.S. 5.That Jackie Williamson,Town Clerk be and is hereby appointed as the Designated Election Official for the Town of Estes Park for the conduct of this mail ballot election. 6.There shall be one (1)precinct for this mail ballot election.The mail ballot location for said precinct shall be the Estes Park Town Hall,170 MacGregor Avenue,Estes Park,Colorado 80517. 7.Electronic voting system shall be used in the Special Election and that the Town Clerk be and is hereby authorized and directed to perform all acts and functions necessary for the use of such electronic voting system as required by the laws of the State of Colorado pertaining thereto. 8.Pursuant to Section 31-10-401 C.R.S.,the Board of Trustees hereby delegates to the Town Clerk,by Resolution,the authority and responsibility to appoint the Judges of Election. 9.The Town Clerk be authorized to give Notice of the Special Election at least ten (10)days prior to the election as required by Section 31-4-502 (2)CR5.in accordance with Section 31-10-501 C.R.S. 10.The Town Clerk shall,at the expense of the Town,arrange for such materials and supplies for such election as may be necessary. DATED this )&‘day of Pcet...sAzFt2019. TOWN OF ESTES PARK,COLORADO Mayor ATTEST: