HomeMy WebLinkAboutORDINANCE 03-13C C
ORDINANCE NO.3-13
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM
ON THE OPERATION OF MARIJUANA ESTABLISMENTS
PURSUANT TO AMENDMENT 64
WHEREAS,on November 6,2012,the voters of the State of Colorado approved a ballot
initiative known as Amendment 64,which amends the Colorado Constitution to authorize the
operation of marijuana establishments,which are defined as marijuana cultivation facilities,
marijuana product manufacturing facilities,marijuana testing facilities,and retail marijuana stores;
and
WHEREAS,the possession and/or distribution of marijuana remains a violation of federal
law despite the provisions of Amendment 64;and
WHEREAS,Amendment 64 requires the Colorado Department of Revenue to adopt
regulations governing the operation of marijuana establishments no later than July 1,2013;
requires local governments to adopt regulations identifying the entity within the local government
responsible for processing license applications for marijuana establishments no later than
October 1,2013;authorizes local governments to adopt licensing procedures and regulations
governing certain aspects of the operation of marijuana establishments;and authorizes local
governments to prohibit the operation of marijuana establishments by adoption of an ordinance or
through an initiated or referred measure;and
WHEREAS,Amendment 64 permits the operation of marijuana establishments only
pursuant to licenses issued by the Colorado Department of Revenue andfor a local government
and does not require the Colorado Department of Revenue or local governments to begin
processing license applications until October 1,2013;and
WHEREAS,marijuana establishments may not operate lawfully until the adoption of
licensing regulations;and
WHEREAS,the temporary moratorium imposed by this Ordinance is intended to prevent
the operation of marijuana establishments prior to the adoption of the regulatory framework
contemplated by Amendment 64 and/or resolution of Amendment 64’s conflict with federal law;
and
WHEREAS,pursuant to Amendment 64,the Board of Trustees may by ordinance prohibit
the operation of any or all marijuana establishments in the Town;the Board of Trustees may refer
an ordinance prohibiting the operation of marijuana establishments in the Town to the voters at
the November 4,2014,election;or citizens of the Town may by initiative present such an
ordinance to the voters at the November 4,2014,election;and
WHEREAS,adoption of this Ordinance as an emergency measure is necessary so that
the ordinance will take immediate effect and preclude the operation of marijuana establishments
in the Town in violation of the provisions of Amendment 64;and
WHEREAS,the Board of Trustees finds it necessary for the public health,safety,and
welfare to adopt this Ordinance imposing a temporary moratorium on the operation of marijuana
establishments pending adoption by the Colorado Department of Revenue of licensing
regulations and the issuance of licenses pursuant to Amendment 64;adoption of regulations
relating to the operation and licensing of marijuana establishments by the Board of Trustees;a
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prohibition,whether by ordinance or an initiated or referred measure,of the operation of
marijuana establishments in the Town;or legal resolution of the conflict between Amendment 64
and federal law.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1.A temporary moratorium is imposed on the establishment and/or
operation of all marijuana establishments as defined in Amendment 64 by this Ordinance.
No person shall establish and/or operate a marijuana establishment within the corporate
limits of the Town of Estes Park.The Town shall not accept or process an application for
a business license,land use approval,building permit,or any other license or permit
relating to the operation of a marijuana establishment.
Section 2.The temporary moratorium imposed by this Ordinance shall begin
upon the effective date of this Ordinance and terminate on October 1,2013,unless
otherwise earlier terminated or extended by further ordinance or resolution of the Board
of Trustees.
Section 3.This Ordinance shall not be interpreted to repeal or to apply to the
provisions of the Town of Estes Park’s Ordinance No.23-10 prohibiting the operation of
medical marijuana centers,medical marijuana cultivation facilities,or medical marijuana
infused products manufacturers within the Town.
Section 4.The Board of Trustees hereby finds,determines and declares this
Ordinance is necessary for the immediate preservation of the health,safety and welfare
of the Town and its citizens,and therefore,this Ordinance shall take effect immediately
upon its passage and signature of the Mayor.
INTRODUCED,READ,AND PASSED BY
TOWN OF ESTES PARK on this j2-day
Afl ST:
Towntlerk 1DcPU19
I hereby certify that the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the 24L.day of b’ucuuq ,2013,and published in a
newspaper of general circulation in the Town of Estes Park,golorado,on the Sday of
P1Jn&i 2013.
of
OF THE
Mayor
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Tbwn lerk