Article 18-16-City of Northglenn

Article 18-16

CHAPTER 18
LICENSING
ARTICLE 16
RETAIL MARIJUANA ESTABLISHMENTS
Section 18-16-1. Findings
Section 18-16-2. Purpose
Section 18-16-3. Incorporation of state law
Section 18-16-4. Authority
Section 18-16-5. Definitions
Section 18-16-6. License required for operation of a retail marijuana establishment
Section 18-16-7. Requirements of application for license; Payment of application fee; Denial of license
Section 18-16-8. Retail marijuana stores
Section 18-16-9. Retail marijuana products manufacturer facilities
Section 18-16-10. Retail marijuana cultivation facilities
Section 18-16-11. Retail marijuana testing facilities
Section 18-16-12. Dual operations
Section 18-16-12.5. Retail Marijuana Transporter: License Privileges
Section 18-16-13. Location criteria
Section 18-16-14. Persons prohibited as licensees and employees
Section 18-16-15. Issuance of license; Duration; Renewal
Section 18-16-16. Authority to impose conditions on license
Section 18-16-17. Annual operations fee; other fees
Section 18-16-18. Display of license
Section 18-16-19. Management of licensed premises
Section 18-16-20. Change in manager; Change in financial interest
Section 18-16-21. Transfer of ownership; Change of location
Section 18-16-22. Hours of operation
Section 18-16-23. Signage and avertising
Section 18-16-24. Security requirements
Section 18-16-25. Required notices
Section 18-16-26. Cultivation, growing and processing by licensees
Section 18-16-27. On-site consumption of marijuana
Section 18-16-28. Prohibited acts
Section 18-16-29. Visibility of activities; Paraphernalia; Control of emissions
Section 18-16-30. Disposal of marijuana byproducts
Section 18-16-31. Sales and business license required
Section 18-16-32. Sales tax
Section 18-16-33. Required books and records
Section 18-16-34. Inspection of licensed premises
Section 18-16-35. Nonrenewal, suspension or revocation of license
Section 18-16-36. Violations and penalties
Section 18-16-37. No City liability; Indemnification
Section 18-16-38. No waiver of governmental immunity
Section 18-16-39. Other laws remain applicable
Section 18-16-40. Rules and regulations; administrative approvals
Section 18-16-41. Judicial review

Section 18-16-1. Findings. The City Council makes the following legislative findings:

(a)
The City Council finds that on November 6, 2012, the voters of the State of Colorado approved Amendment 64. Amendment 64 added § 16 of Article 18 to the Colorado Constitution, and legalized the possession, use, display, purchase, transport, transfer, and consumption of marijuana accessories or one ounce or less of marijuana by persons twenty-one years of age or older ("Adult Use Marijuana") within the State of Colorado (as opposed to federal law).

(b)
The City Council finds and determines that the enactment by the Colorado Legislature of the Colorado Retail Marijuana Code, C.R.S. § 12-43.4-101, et seq., clarifies Colorado law regarding the scope and extent of Amendment 64 to the Colorado Constitution.

(c)
The City Council finds and determines that the Colorado Retail Marijuana Code now provides a statutory framework for the regulation of retail marijuana establishments.

(d)
The City Council finds and determines that, by requiring that retail marijuana businesses be operated in a manner that minimizes potential health and safety risks, it mitigates the negative impacts that retail marijuana establishments might have on surrounding properties and persons.

(e)
The City Council finds and determines that through this Ordinance it intends to establish a nondiscriminatory mechanism by which the City can control, through appropriate regulation, the location and operation of retail marijuana establishments within the City.

(f)
The City Council recognizes and affirms the protections afforded by Article XVIII, Section 16 of the Colorado Constitution and desires to affirm the ability of persons twenty-one (21) years of age and older the protections of Article XVIII, Section 16 of the Colorado Constitution, the Retail Marijuana Code, and all associated regulations, as the same may be amended from time to time.

[Source: Ord. 1657, 2013]

Section 18-16-2. Purpose. The purpose of this Article is to implement the provisions of the Colorado Retail Marijuana Code, C.R.S. § 12-43.4-101, et seq., which authorizes the licensing and regulation of retail marijuana businesses and affords local government the option to determine whether or not to allow retail marijuana businesses within their respective jurisdictions and to adopt licensing requirements that are supplemental to or more restrictive than the requirements set forth in state law.

[Source: Ord. 1657, 2013]

Section 18-16-3. Incorporation of state law. The provisions of the Colorado Retail Marijuana Code, and any rules and regulations promulgated thereunder as the same may be amended from time to time, are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this Article.

[Source: Ord. 1657, 2013]

Section 18-16-4. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this Article pursuant to:

(a)
Article XVIII, Section 16 of the Colorado Constitution;

(b)
The Colorado Retail Marijuana Code, C.R.S. § 12-43.4-101, et seq.;

(d)
Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers);

(e)
Section 31-15-103, C.R.S. (concerning municipal police powers);

(f)
Section 31-15-401, C.R.S. (concerning municipal police powers);

(g)
Section 31-15-501, C.R.S. (concerning municipal authority to regulate businesses).

[Source: Ord. 1657, 2013]

Section 18-16-5. Definitions.

(a)
For purposes of this Article, the following terms shall have the following meanings:

Applicant means a person twenty-one (21) years of age or older who has submitted an application for a license or renewal of a license issued pursuant to this Article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers and directors of such entity.

Colorado Medical Marijuana Code means Article 43.3 of Title 12, Colorado Revised Statutes.

Consumer means a person twenty-one (21) years of age or older who purchases marijuana or marijuana products for personal use by a person twenty-one (21) years of age or older, but not for resale to others.

Cultivation or cultivate means the process by which a person grows a marijuana plant.

Dual operation means a business that operates as both a licensed medical marijuana business and a licensed retail marijuana establishment in accordance with Section 18-16-12 of this Code.

Industrial hemp means means the plant of the genus cannabis and any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.

Good cause (for the purpose of refusing or denying a license renewal under this Article) means: (1) the licensee has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of this Article and any rule and regulation promulgated pursuant to this Article; (2) the licensee has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or (3) the licensee's retail marijuana store, retail marijuana products manufacturing operation, or retail marijuana cultivation facility has been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the retail marijuana store, retail marijuana products manufacturing operation, or retail marijuana cultivation facility is located. Evidence to support such a finding can include: (i) a continuing pattern of offenses against the public peace, as defined in Article 4 of Chapter 9 of the Northglenn Municipal Code; (ii) a continuing pattern of drug-related criminal conduct within the premises of the retail marijuana store, retail marijuana products manufacturing operation, or retail marijuana cultivation facility or in the immediate area surrounding the retail marijuana store, retail marijuana product manufacturing operation, or retail marijuana cultivation facility arising out of the operation of the establishment; or (iii) a continuing pattern of criminal conduct directly related to or arising from the operation of the retail marijuana store, retail marijuana products manufacturing operation, or retail marijuana cultivation facility.

License means a document issued by the City officially authorizing an applicant to operate a retail marijuana store, retail marijuana products manufacturing operation, retail marijuana transporter storage facility, or retail marijuana cultivation facility pursuant to this Article.

Licensee means the person to whom a license has been issued pursuant to this Article.

Licensed premises means the premises specified in an application for a license under this Article, which is owned or in possession of the licensee and within which the license is authorized to cultivate, manufacture, distribute, store, transport, or sell retail marijuana or retail marijuana products in accordance with state and local law.

Local licensing authority 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 marijuana concentrate. Marijuana 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.

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.

Medical marijuana business means a medical marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturer as defined in the Colorado Medical Marijuana Code.

Person means a natural person, partnership, association, company, corporation, limited liability company or organization.

Retail marijuana means marijuana that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment.

Retail marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption, such as but not limited to, edible products, ointments and tinctures.

Retail marijuana cultivation facility means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

Retail marijuana establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana transporter, or a retail marijuana products manufacturing operation.

Retail 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.

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.

Retail marijuana testing facility means an entity licensed by the City and State of Colorado to analyze and certify the safety and potency of marijuana.

Retail marijuana transporter means a person that is licensed to transport retail marijuana and retail marijuana products from one retail marijuana establishment to another retail marijuana establishment and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises as set forth hereunder, but is not authorized to sell, give away, buy, or receive complimentary retail marijuana or retail marijuana products under any circumstances. A retail marijuana transporter does not include a licensee that transports and distributes its own retail marijuana or retail marijuana products.

State licensing authority means the authority created by the Colorado Department of Revenue for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale and testing of retail marijuana in the State of Colorado pursuant to C.R.S. § 12-43.4-201.

(b)
In addition to the definitions provided in Subsection (a) hereof, other terms used in this Article shall have the meaning ascribed to them in Article XVIII, § 16 of the Colorado Constitution, or the Colorado Retail Marijuana Code, and such definitions are hereby incorporated into this Article by reference.

[Source: Ord. 1657, 2013; 1720, 2016]

Section 18-16-6. License required for operation of a retail marijuana establishment. The City hereby authorizes the operation of retail marijuana establishments in the City as set forth in this Article. It shall be unlawful for any person to establish or operate a retail marijuana establishment in the City without first having obtained a license for such business from the local licensing authority. Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this Section.

[Source: Ord. 1657, 2013]

Section 18-16-7. Requirements of application for license; Payment of application fee; Denial of license.

(a)
A person seeking a license or renewal of a license issued pursuant to this Article shall submit an application to the local licensing authority on forms provided by the City Clerk. At the time of application, each applicant shall pay a nonrefundable operating fee to the City in an amount to be determined by the City by separate Resolution to defray the costs incurred by the City for costs including but not limited to inspection, administration, and enforcement of retail marijuana establishments. In addition, the applicant shall present one (1) of the following forms of identification:

(1)
an operator's, chauffer's or similar type of driver's license issued by any state within the United States or a U.S. Territory;

(2)
an identification card, issued by any state for purpose of proving age using requirements similar to those in C.R.S. §§ 42-2-302 and 42-2-303;

(3)
a United States military identification card;

(4)
a valid passport; or

(5)
an enrollment card issued by the government authority of a federally recognized tribe located in the State of Colorado.

(b)
The applicant shall also provide the following information on a form approved by, or acceptable to the City, which information shall be required for the applicant, including the proposed manager of the retail marijuana establishment, and all persons having a ten percent (10%) or more financial interest in the retail marijuana establishment that is the subject of the application or, if the applicant is an entity, having a ten percent (10%) or more financial interest in the entity:

(1)
name, address, date of birth;

(2)
a complete set of fingerprints;

(3)
suitable evidence of proof of lawful presence, residence, if applicable, and good character and reputation that the City may request;

(4)
an acknowledgment and consent that the City will conduct a background investigation, including a criminal history check, and that the City will be entitled to full and complete disclosure of all financial records of the retail marijuana establishment, including records of deposit, withdrawals, balances and loans;

(5)
if the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable;

(6)
the name and complete address of the proposed retail marijuana establishment, including the facilities to be used in furtherance of such business, whether or not such facilities are, or are planned to be, within the territorial limits of the City;

(7)
if the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a retail marijuana establishment;

(8)
a copy of any deed, lease, contract or other document reflecting the right of the applicant to possess the proposed licensed premises along with the conditions of occupancy of the premises;

(9)
evidence of a valid sales tax license for the business;

(10)
if the retail marijuana establishment will be providing retail marijuana products in edible form, evidence of at a minimum a pending application for any food establishment license or permit that may be required by the State;

(11)
a "to scale" diagram of the premises, showing, without limitation, a site plan, building layout, all entry ways and exits to the marijuana store and cultivation facility, loading zones and all areas in which retail marijuana will be stored, grown or dispensed;

(12)
a comprehensive business operation plan for the retail marijuana establishment which shall contain, without limitation, the following:

(A)
a security plan meeting the requirements of Section 18-16-24 of this Article;

(B)
a description by category of all products to be sold;

(C)
a signage plan that is in compliance with all applicable requirements of this Article and other applicable provisions of the Northglenn Municipal Code, as well as the Colorado Retail Marijuana Code and all rules and regulations promulgated thereunder; and

(D)
a plan for the disposal of marijuana and related byproducts meeting the requirements of Section 18-16-30 of this Article.

(13)
for retail marijuana products manufacturing operation license applications, a copy of any and all contracts between the applicant and any retail marijuana cultivation operation from which it will be purchasing retail marijuana for use in the production of retail marijuana products;

(14)
an acknowledgment that applicant will be required at the public hearing to make a showing with affirmative evidence that approval of the application will result in no demonstrable negative impacts on the neighborhood; and

(15)
any additional information that the local licensing authority reasonably determines to be necessary in connection with the investigation and review of the applicati

(c)
The applicant shall verify the truthfulness of the information required by this Section by the applicant's signature on the application.

(d)
A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the retail marijuana establishment, including, without limitation, a license from the state licensing authority and any development approvals or building permits required by this Article and any other applicable provisions of the Northglenn Municipal Code.

(e)
Upon receipt of a completed application, the local licensing authority shall circulate the application to all affected departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations.

(f)
Upon receipt of an application for a new license, the local licensing authority shall schedule a public hearing on the application to be held not less than thirty (30) days after the date of the completed application. The local licensing authority shall cause a notice of such hearing to be posted as follows:

(1)
In a conspicuous place upon the proposed licensed premises and published in a newspaper of general circulation within the City not less than ten (10) days prior to the hearing. Such posted notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters of not less than one (1) inch in height. Both the posted and the published notice shall state the type of license applied for, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application; and

(2)
The applicant shall pay the actual costs of having the City Clerk's Office mail a notice via United States mail to all Northglenn landowners within a one-half mile radius of the proposed licensed premises. Such payment shall be made at least fifteen (15) days prior to such hearing to cause the City Clerk's Office to mail such notice postmarked at least seven (7) days, but no earlier than fourteen (14) days, prior to the date of the public hearing on the application. The City Clerk's Office shall provide the Marijuana Licensing Authority an affidavit of said mailing. Unless otherwise prohibited by law, the mailed notice shall state the following:

"Notice is hereby given that a public hearing will be held on , 20 , at p.m. or as soon as possible thereafter, in the City Hall Council Chambers, 11701 Community Center Drive, Northglenn, Colorado 80233 on the application filed by: (name of applicant and trade name) for a new (type of license) marijuana business license for the property located at (address of proposed licensed premises) .

Interested and affected parties are encouraged to attend the public hearing. The Marijuana Licensing Authority will be taking public comments prior to making a determination on the application."

(g)
Not less than five (5) days prior to the date of the public hearing for a new license, the local licensing authority shall cause its preliminary findings based on its investigation to be known in writing to the applicant and other parties in interest. The local licensing authority shall deny any application that does not meet the requirements of this Article. The local licensing authority shall also deny any application that contains any false, misleading or incomplete information. The local licensing authority shall also deny or refuse to issue a license for good cause. Denial of an application for a license shall not be subject to further administrative review but only to review by a court of competent jurisdiction.

(h)
Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this Article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type and availability of retail marijuana establishments located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. In addition, the local licensing authority shall consider whether approval of the application would result in any of the following demonstrable negative impacts on the surrounding neighborhood:

(1)
An undue concentration of a certain class of retail marijuana establishment that would require the use of additional law enforcement resources;

(2)
An increase in traffic congestion;

(3)
A shortage of available parking; or

(4)
Other demonstrable negative impacts caused by the new retail marijuana establishment.

(i)
The local licensing authority shall issue its decision within ninety (90) days of the receipt of the complete license application. Such decision shall be by Resolution and shall state the reasons for the decision. The Resolution shall be sent via certified mail to the state licensing authority and the applicant at the address shown in the application.

(j)
The City shall, prior to issuance of the license, perform an inspection of the proposed licensed premises, including, without limitation, any associated dual operation facility, if applicable, to determine compliance with any applicable requirements of this Article or other applicable requirements of the Northglenn Municipal Code.

[Source: Ord. 1657, 2013; 1695, 2015; 1720, 2016]

Section 18-16-8. Retail marijuana stores.

(a)
A licensed retail marijuana store may sell retail marijuana or retail marijuana products to persons twenty-one (21) years of age or older in the following quantities:

(1)
Up to one (1) ounce of retail marijuana or its equivalent in retail marijuana products, including marijuana concentrate, except for non-edible, non-psychoactive retail marijuana products, including ointments, lotions, balms, and other non-transdermal topical products during a single sales transaction.

(2)
Nothing in this subsection (a) shall be construed so as to allow retail marijuana transporters from selling, giving away, buying, or receiving complimentary retail marijuana or retail marijuana products under any circumstances.

(b)
The following forms of identification may be accepted for purposes of determining Colorado residency: a valid State of Colorado Driver's license; a valid State of Colorado identification card; or any other valid government-issued picture identification that demonstrates that the holder of the identification is a Colorado resident.

(d)
From January 1, 2014 to September 30, 2014, a retail marijuana store licensee shall only sell retail marijuana that was grown in its commonly-owned retail marijuana cultivation facility and subsequently purchased or transferred from the cultivation, with the following exceptions:

(1)
A retail marijuana store licensee may purchase not more than thirty percent (30%) of its total on-hand retail marijuana inventory, in aggregate, from other retail marijuana establishments with which it does not share common ownership.

(2)
A retail marijuana store licensee may sell not more than thirty percent (30%) of its total on-hand retail marijuana inventory, in aggregate, to other retail marijuana establishments with which it does not share common ownership.

(3)
For purposes of calculating the percentage limitations detailed in this subpart (d), the licensee shall use the total weight of its on-hand inventory at the end of the month preceding the purchase.

(e)
Retail marijuana store licensees are prohibited from selling, soliciting or receiving orders for retail marijuana or retail marijuana products over the internet.

(f)
Retail marijuana store licensees are prohibited from selling or giving away any consumable product that is not a retail marijuana product, including but not limited to cigarettes or tobacco products, alcohol beverages, and food products or non-alcohol beverages that are not retail marijuana products.

[Source: Ord. 1657, 2013; 1720, 2016]

Section 18-16-9. Retail marijuana products manufacturer facilities.

(a)
Licensed retail marijuana products manufacturers may manufacture, prepare, package and label retail marijuana products, whether in concentrated form or that are comprised of marijuana and other ingredients intended for use or consumption. Licensed retail marijuana products manufacturers may sell retail marijuana products of its own manufacture to persons holding a retail marijuana store license or other licensed retail marijuana products manufacturers. Licensed retail marijuana products manufacturers are prohibited from selling retail marijuana or retail marijuana products to any consumer.

(b)
From January 1, 2014 to September 30, 2014, licensed retail products manufacturers are prohibited from selling any retail marijuana that was cultivated in a commonly-owned retail marijuana cultivation facility to any other retail marijuana establishment; rather, such retail marijuana must be used solely in retail marijuana products produced by the licensed retail marijuana products manufacturer.

(c)
Licensed retail marijuana products manufacturers are prohibited from manufacturing, preparing, packaging or labeling retail marijuana products in a location that is operated as a retail food establishment or a wholesale food registrant.

(d)
All retail marijuana products shall be sealed and conspicuously labeled in compliance with state law.

[Source: Ord. 1657, 2013]

Section 18-16-10. Retail marijuana cultivation facilities.

(a)
Licensed retail marijuana cultivation facilities may propagate, cultivate, harvest, prepare, cure, package and label retail marijuana, whether in concentrated form or otherwise. Subject to the limitations set forth in subpart (b) of this Section, licensed retail marijuana cultivation facilities may sell retail marijuana that they cultivate to a person licensed by the City of Northglenn to operate a retail marijuana store, retail marijuana products manufacturing facility or another retail marijuana cultivation facility. Licensed retail marijuana cultivation facilities are prohibited from selling retail marijuana to any consumer.

(b)
A retail marijuana cultivation facility license shall only be issued to a person who has also been issued a retail marijuana store license or retail marijuana products manufacturing facility license by the City of Northglenn. Any retail marijuana that is grown in a licensed retail marijuana cultivation facility must be sold or transferred to its commonly-owned retail marijuana store or retail marijuana products manufacturing facility, except that a retail marijuana cultivation facility may sell up to thirty percent (30%) of its processed and finished retail marijuana inventory to other retail marijuana establishments not in common-ownership.

[Source: Ord. 1657, 2013]

Section 18-16-11. Retail marijuana testing facilities. Retail marijuana testing facilities are prohibited in the City.

[Source: Ord. 1657, 2013]

Section 18-16-12. Dual operations.

(a)
A licensed medical marijuana business may share its existing licensed premises with a retail marijuana establishment as follows:

(1)
An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation.

(2)
A medical marijuana-infused products manufacturing business licensee may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises.

(3)
A medical marijuana center that does not authorize patients under the age of twenty-one (21) years to be on the premises may hold a retail marijuana store license and operate a dual operation retail business at a shared licensed premises.

(4)
A medical marijuana transporter licensee and a retail marijuana transporter licensee may share a single licensed premises to operate a dual transporting and temporary storage business operation at the same location if the two are identically owned.

(b)
Licensees operating dual cultivation operations must maintain either physical or virtual separation of the facilities, marijuana plants and marijuana inventory. Record keeping for the business operations and labeling of products must allow the City to clearly distinguish the inventories and business transactions of medical marijuana from retail marijuana.

(c)
Licensees operating dual product manufacturing operations shall maintain either physical or virtual separation of the facilities, product ingredients, product manufacturing and final product inventory. Record keeping for the business operations and labeling of products must allow the City to clearly distinguish the inventories and business transactions of medical marijuana-infused products from retail marijuana products.

(d)
Provided that a medical marijuana center licensee posts signage that clearly conveys that persons under the age of twenty-one (21) years may not enter, such licensee may share the same entrances and exits to the shared premises with the retail marijuana store and medical and retail marijuana may be separately displayed on the same floor. Record keeping for the business operations of both businesses must allow the City to clearly distinguish the inventories and business transactions of medical marijuana and medical marijuana-infused products from retail marijuana and retail marijuana products.

(e)
Licensees who operate a medical marijuana business and a retail marijuana establishment dual operation shall maintain separate and distinct inventory tracking processes for medical and retail marijuana inventories. The inventories must be clearly tagged or labeled so that the products can be reconciled to a particular medical or retail business.

(f)
A co-located medical marijuana transporter and retail marijuana transporter shall maintain either physical or virtual separation of the facilities and medical marijuana, medical marijuana-infused products, retail marijuana, and retail marijuana products being transported and stored.

[Source: Ord. 1657, 2013; 1720, 2016]

Section 18-16-12.5. Retail Marijuana Transporter: License Privileges.

(a)
Retail Marijuana Transporter with Retail Marijuana Business.

(1)
A retail marijuana business licensed and located within the City shall be permitted to obtain a transporter license that includes a storage facility.

(2)
A separate license is required for each specific business or business entity and geographical location. A retail marijuana transporter may share a location with an identically owned medical marijuana transporter. However, a separate license is required for each specific business or business entity, regardless of geographical location.

(3)
A retail marijuana transporter with a retail marijuana business located in the City may take transportation and delivery orders, receive, transport, temporarily store, and deliver retail marijuana and retail marijuana products.

(4)
A retail marijuana transporter may only transport and store retail marijuana and retail marijuana products that it received directly from the originating retail marijuana business.

(5)
A retail marijuana transporter is authorized to store transported retail marijuana and retail marijuana products on its licensed premises. All transported retail marijuana and retail marijuana products must be secured and in compliance with the provisions of Section 18-16-24.

(6)
A retail marijuana transporter is prohibited from buying, selling, or giving away retail marijuana or retail marijuana products, or from receiving complimentary retail marijuana or retail marijuana products.

(b)
Retail Marijuana Transporter without Retail Marijuana Business in the City.

(1)
A separate license is required for each retail marijuana transporter without a retail marijuana business located in the City.

(2)
A retail marijuana transporter without a retail marijuana business located in the City may take transportation and delivery orders, receive, transport, and deliver retail marijuana and retail marijuana products, but may not maintain a storage facility within the City.

(3)
A retail marijuana transporter without a retail marijuana business located in the City may only transport retail marijuana and retail marijuana products that it received directly from the originating retail marijuana business.

(4)
A retail marijuana transporter without a retail marijuana business located in the City is prohibited from buying, selling, or giving away retail marijuana or retail marijuana products, or from receiving complimentary retail marijuana or retail marijuana products.

[Source: Ord. 1720, 2016]

Section 18-16-13. Location criteria. Prior to the issuance of a license for a retail marijuana establishment, the local licensing authority shall determine whether the proposed location of the retail marijuana establishment complies with the requirements of this Section. Failure to comply with the requirements of this Section shall preclude issuance of a license.

(a)
No retail marijuana establishment shall be located at the following locations:

(1)
within 200 feet of any single or multi-family residential structure or unit, or parcel or lot;

(2)
within 500 feet of a licensed child care facility;

(3)
within 1,000 feet of any educational institution or school, college or university, either public or private;

(4)
within 500 feet of any public park, public pool, or public recreational facility;

(5)
within 1000 feet of any halfway house or correctional facility;

(6)
within one-half (1/2) mile of any other retail marijuana business;

(7)
within 1000 feet of any medical marijuana business;

(8)
within 1000 feet of any dual operation marijuana business;

(9)
within any building or structure that contains a residential unit; or

(10)
upon any City of Northglenn owned property.

(b)
The distances described in subsection (a) shall be computed by use of a radius from the property lines of the locations set forth in subsection (a) to the unit within a building or structure housing the retail marijuana establishment.

(c)
Each retail marijuana establishment shall be operated from a permanent location. No retail marijuana establishment shall be permitted to operate from a moveable, mobile or transitory location, except that any retail marijuana transporter licensee may transport retail marijuana products.

(d)
The suitability of a location for a retail marijuana establishment shall be determined at the time of the issuance of the first license for such business. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a retail marijuana establishment under this Section shall not be grounds to suspend, revoke or refuse to renew the license for such business so long as the license for the business remains in effect.

(e)
In addition to the distance limitations set forth herein, a retail marijuana transporter license that includes a storage facility may be issued only to a person licensed as a retail marijuana establishment within the corporate limits of the City of Northglenn.

[Source: Ord. 1657, 2013; 1695, 2015; 1720, 2016]

Section 18-16-14. Persons prohibited as licensees and employees.

(a)
No license shall be issued to, held by, or renewed by any of the following:

(1)
Any person until all applicable fees have been paid;

(2)
Any person who is not of good moral character satisfactory to the local licensing authority;

(3)
Any corporation, any of whose officers, directors or stockholders are not of good moral character satisfactory to the local licensing authority;

(4)
Any partnership, association or company, any of whose officers are not of good moral character satisfactory to the local licensing authority;

(5)
Any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the local licensing authority;

(6)
Any sheriff, deputy sheriff, police officer, prosecuting officer, and state or local licensing authority or any of its members, inspectors or employees;

(7)
Any natural person under twenty-one (21) years of age;

(8)
Any person for a licensed location that is also a retail food establishment or wholesale food registrant;

(9)
Any person who has not been a resident of Colorado for at least two (2) years prior to the date of the application;

(10)
Any person who has discharged a sentence for a felony conviction within the past five (5) years;

(11)
Any person who, at any time, has been convicted of a felony for drug possession, distribution or use, unless such felony drug charge was based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for the license;

(12)
Any entity whose directors, shareholders, partners or other persons having a financial interest in said entity do not meet the criteria set forth above;

(13)
Any person who employs another person at a retail marijuana establishment who has not submitted fingerprints for a criminal record history check or whose criminal record history check reveals the employee is ineligible; or

(14)
Any person who has made a false, misleading or fraudulent statement on his or her application.

(15)
Any person who fails to file any tax return with a taxing agency, stay out of default on a government-issued student loan, pay child support, or remedy outstanding delinquent taxes; or

(16)
Any person whose license for a retail marijuana business in another city, city and county or state has been revoked.

(b)
No licensee shall employ or contract with any person to perform work functions directly related to the possession, cultivation, dispensing, selling, serving or delivering of marijuana for a licensed retail marijuana establishment, any of the following:

(1)
Any person who is not of good moral character satisfactory to the local licensing authority;

(2)
Any person who is under twenty-one (21) years of age;

(3)
Any person who is not currently a resident of Colorado;

(4)
Any person who has discharged a sentence for a felony conviction within the past five (5) years;

(5)
Any person who, at any time, has been convicted of a felony for drug possession, distribution or use, unless such felony drug charge was based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for the license; or

(6)
Any sheriff, deputy sheriff, police officer, prosecuting officer, and state or local licensing authority or any of its members, inspectors or employees.

(1)
In investigating the qualifications described herein, the local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the local licensing authority takes into consideration information concerning the applicant's criminal history record, the local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license.

(2)
As used in subsection (c)(1) of this Section, "criminal justice agency" means any federal, state, or municipal court or any governmental agency or sub-unit of such agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.

[Source: Ord. 1657, 2013; 1720, 2016]

Section 18-16-15. Issuance of license; Duration; Renewal.

(a)
Upon issuance of a license, the City shall provide the licensee with one (1) original of such license for each retail marijuana establishment to be operated by the licensee in the City. Each such copy shall show the name and address of the licensee, the type of facility or establishment for which it is issued, and the address of the facility at which it is to be displayed.

(b)
Each license issued pursuant to this Article shall be valid for one (1) year from the date of issuance and may be renewed only as provided in this Article. All renewals of a license shall be for no more than one (1) year. An application for the renewal of an existing license shall be made to the local licensing authority not more than sixty (60) days and not less than thirty (30) days prior to the date of expiration of the license. A licensee may submit to the local licensing authority a late renewal application on the prescribed forms and pay a non-refundable late application fee in an amount determined by the City by separate resolution for a renewal application made less than thirty (30) days prior to the date of the expiration of the license. All other provisions concerning renewal applications apply to a late renewal application. The timely filing of a completed renewal application or a late renewal application shall extend the current license until a decision is made on the renewal.

(c)
Notwithstanding state law to the contrary, a licensee whose license expires and for which a renewal application has not been received by the expiration date shall be deemed to have forfeited its license under this Article. The City shall not accept renewal applications after the expiration date of such license.

(d)
A licensee whose license expires shall not cultivate, process, manufacture, store, transport, distribute or sell retail marijuana or retail marijuana products until all necessary new licenses have been obtained.

[Source: Ord. 1720, 2016]

Section 18-16-16. Authority to impose conditions on license. The local licensing authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Article and applicable law.

[Source: Ord. 1657, 2013]

Section 18-16-17. Annual operations fee; other fees.

(a)
Annual operations fee. Upon issuance of a license or any renewal of a license, the licensee shall pay to the City a fee in an amount determined by the City by separate resolution to be sufficient to cover the annual cost of inspections conducted pursuant to Section 18-16-34 of this Article by the Northglenn Police Department, and such other departments of the City as may be designated by the local licensing authority, for the purpose of determining compliance with the provisions of this Article and any other applicable state or local laws or regulations.

(b)
(b) In addition to the annual operations fee, the licensee shall pay to the City fees in an amount determined by the City by separate resolution to be sufficient to cover the administrative costs of the City associated with applications for annual renewal, transfer of ownership, change of location, a change in financial ownership consisting of more than ten percent (10%) of the ownership interest, a modification to the licensed premises, manager registration, trade name change, or transporter license.

[Source: Ord. 1657, 2013; 1695, 2015; 1720, 2016]

Section 18-16-18. Display of license.

(a)
Each license shall be limited to use at the premises specified in the application for such license.

(b)
Each license shall be continuously posted in a conspicuous location at the retail marijuana establishment.

[Source: Ord. 1657, 2013]

Section 18-16-19. Management of licensed premises. Licensees who are natural persons shall either manage the licensed premises themselves or employ a separate and distinct manager on the premises and report the name of such manager to the local licensing authority. Licensees that are entities shall employ a manager on the premises and report the name of the manager to the local licensing authority. All managers must be natural persons who are at least twenty-one (21) years of age. No manager shall be a person who has discharged a sentence for a felony conviction within the past five (5) years, or who has been convicted of a felony for drug possession, distribution or use, unless such felony drug charge was based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for the license.

[Source: Ord. 1657, 2013]

Section 18-16-20. Change in manager; Change in financial interest.

(a)
Each licensee shall report any change in managers to the local licensing authority within thirty (30) days after the change. Such report shall include all information required for managers under Section 18-16-19 of this Article.

(b)
Each licensee shall report in writing to the local licensing authority any transfer or change of financial interest in the license holder or in the retail marijuana establishment that is the subject of the license. Such report must be filed with the local licensing authority within thirty (30) days after any such transfer or change. A transfer application shall be required for any transfer of the capital stock of a corporation or any other interest totaling more than ten percent (10%) of the stock in any one (1) year, as well as any transfer of a controlling interest in the corporation whenever a sufficient number of shares have been transferred to effectuate the transfer of a controlling interest. No person having or acquiring a financial interest in the retail marijuana establishment that is the subject of a license shall be a person who has discharged a sentence for a felony conviction within the past five (5) years, or who has been convicted of a felony for drug possession, distribution or use, unless such felony drug charge was based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for the license.

(c)
Whenever any licensee causes a change in its officers, directors or manager, and a license addendum is required to be filed with the State that does not require a transfer application in accordance with subsection (b) above, an application fee in an amount determined by the City by separate resolution shall be paid to the City at the time of filing the addendum with the City.

[Source: Ord. 1657, 2013; 1695, 2015; 1720, 2016]

Section 18-16-21. Transfer of ownership; Change of location.

(a)
Transfer of ownership. For a transfer of ownership, a license holder shall apply to the state and local licensing authority on forms provided by the state and, where applicable, the local licensing authority. In considering whether to permit a transfer of ownership, the local licensing authority shall consider only the requirements of this Article, the Colorado Retail Marijuana Code, and the regulations promulgated in conformance therewith. The local licensing authority may hold a hearing on the application for a transfer of ownership, but such hearing shall not be held until a notice of such hearing has been posted on the licensed retail marijuana establishment premises for a period of at least ten (10) days prior to such hearing, and the applicant has been provided at least ten (10) days prior notice of such hearing.

(b)
Change of location.

(1)
A licensee from another jurisdiction that has previously obtained a license from the state and any other local licensing authority as applicable may move his or her permanent location to the City of Northglenn so long as the applicant and the new location conform to the requirements of this Article, and a new local license is obtained.

(2)
A licensee within the City that seeks to change its location may move his or her permanent location so long as the new location conforms to the requirements of this Article as follows:

(A)
The proposed changed location must conform to the requirements of Section 18-16-13 of this Article;

(B)
The applicant shall provide the information required by Section 18-16-7 of this Article;

(C)
The local licensing authority shall schedule a public hearing on the application as required by Section 18-16-7 of this Article; and

(D)
Provided however, the local licensing authority shall only consider the proposed location of the licensed premises, and the requirements of Section 18-16-7(h) of this Article.

[Source: Ord. 1657, 2013; 1695, 2015; 1720, 2016]

Section 18-16-22. Hours of operation. A retail marijuana business may open no earlier than 9:00 a.m. and shall close no later than 8:00 p.m. the same day. A retail marijuana business may be open seven (7) days a week.

[Source: Ord. 1657, 2013; 1695, 2015]

Section 18-16-23. Signage and avertising. All signage and advertising for a retail marijuana establishment shall comply with all applicable state laws as well as the provisions of this Article and other applicable provisions of the Northglenn Municipal Code, including Chapter 21 of the Northglenn Municipal Code.

[Source: Ord. 1657, 2013]

Section 18-16-24. Security requirements.

(a)
Security measures at retail marijuana establishments shall include at a minimum the following:

(1)
security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the premises, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises;

(2)
robbery and burglary alarm systems which are professionally monitored and maintained in good working condition;

(3)
a locking safe permanently affixed to the premises that is suitable for storage of all marijuana and cash stored overnight on the licensed premises;

(4)
exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of this Article and other applicable provisions of the Northglenn Municipal Code; and

(5)
deadbolt locks on all exterior doors.

(b)
All security recordings shall be preserved for at least seventy-two (72) hours by the licensee and be made available to the Northglenn Police Department upon request for inspection.

[Source: Ord. 1657, 2013]

Section 18-16-25. Required notices. There shall be posted in a conspicuous location in each retail marijuana establishment, a legible sign containing the following warnings:

(a)
that the use of marijuana or marijuana products may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of or impaired by marijuana;

(b)
that loitering in or around a retail marijuana establishment is prohibited by law;

(d)
that no one under the age of twenty-one (21) years is permitted on the premises.

[Source: Ord. 1657, 2013]

Section 18-16-26. Cultivation, growing and processing by licensees.

(a)
Subject to the limitations set forth in Section 18-16-28 and C.R.S. § 12-43.4-403 and other applicable laws, the growing, cultivation or processing of marijuana shall be allowed contiguous or not contiguous to the licensed premises of a retail marijuana business that submitted an application to the City pursuant to Section 18-16-8 of this Northglenn Municipal Code. Provided, however, such growing, cultivation or processing shall be limited to agricultural and industrial zoned land.

(b)
The cultivation, growing, processing, display or storage of marijuana plants by a licensee shall be conducted only at the cultivation facility shown on the licensee's application.

(c)
Access to any cultivation facility that is located in the same building as a retail marijuana store or a retail marijuana products manufacturing operation shall be secured so as to render the cultivation facility inaccessible to any unauthorized persons during all hours of operation of the business facility. All such cultivation facilities shall be independently ventilated so as to prevent odors, debris and dust from entering the retail marijuana store.

(d)
To the extent permitted by law, the City shall keep confidential the location of all cultivation facilities.

[Source: Ord. 1657, 2013]

Section 18-16-27. On-site consumption of marijuana. The use, consumption, ingestion or inhalation of retail marijuana or retail marijuana products on or within the premises of a retail marijuana establishment is prohibited.

[Source: Ord. 1657, 2013]

Section 18-16-28. Prohibited acts. It shall be unlawful for any licensee to:

(a)
employ any person at a retail marijuana establishment who is not at least twenty-one (21) years of age or who has a criminal history as described in Subsections 18-16-14(a)(11) and (12);

(b)
purchase or otherwise obtain retail marijuana from any source that is not properly authorized under state and local law to sell or dispense retail marijuana;

(d)
permit the sale or consumption of alcohol beverages on the licensed premises;

(e)
post or allow to be posted signs or other advertising materials identifying cultivation facilities as being associated with the use or cultivation of marijuana; or

(f)
dispense marijuana to a person that is or appears to be under the influence of alcohol or under the influence of any controlled substance, including marijuana.

(g)
A retail marijuana transporter shall not store retail marijuana or retail marijuana products for longer than the duration prohibited by the Colorado Code of Regulations, as the same may be amended from time to time.

[Source: Ord. 1657, 2013; 1720, 2016]

Section 18-16-29. Visibility of activities; Paraphernalia; Control of emissions.

(a)
All activities of retail marijuana establishments, including, without limitation, cultivating, growing, processing, displaying, selling and storage, shall be conducted indoors. For purposes of this Section, greenhouse cultivation shall be deemed to occur indoors.

(b)
Devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may lawfully be sold at a retail marijuana store. No retail marijuana or paraphernalia shall be displayed or kept in a retail marijuana establishment so as to be visible from outside the licensed premises.

(c)
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a retail marijuana establishment must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a retail marijuana establishment, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

[Source: Ord. 1657, 2013]

Section 18-16-30. Disposal of marijuana byproducts. The disposal of marijuana, marijuana products, byproducts and paraphernalia shall be done in accordance with plans and procedures approved in advance by the local licensing authority.

[Source: Ord. 1657, 2013]

Section 18-16-31. Sales and business license required. At all times while a permit is in effect the licensee shall possess a valid license issued under Section 5-3-19 of the Northglenn Municipal Code.

[Source: Ord. 1657, 2013]

Section 18-16-32. Sales tax. Each licensee shall collect and remit City sales tax on all retail marijuana, retail marijuana products, paraphernalia and other tangible personal property sold by the licensee.

[Source: Ord. 1657, 2013]

Section 18-16-33. Required books and records.

(a)
Every licensee shall maintain an accurate and complete record of all retail marijuana purchased, sold or dispensed by the retail marijuana store in any usable form. Such record shall include the following:

(1)
the identity of the seller and purchaser involved in each transaction;

(2)
the total quantity of, and amount paid for, the retail marijuana and/or the retail marijuana product(s); and

(3)
the date, time and location of each transaction.

(b)
All transactions shall be kept in a numerical register in the order in which they occur.

(c)
All records required to be kept under this Article must be kept in the English language in a legible manner and must be preserved and made available for inspection for a period of three (3) years after the date of the transaction. Information inspected by the Northglenn Police Department or other City departments pursuant to this Article shall be used for regulatory and law enforcement purposes only and shall not be a matter of public record.

[Source: Ord. 1657, 2013]

Section 18-16-34. Inspection of licensed premises. During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Northglenn Police Department and all other City departments designated by the local licensing authority for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state and local laws or regulations. Said inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the licensed premises consists of a locked area, such area shall be made available for inspection, without delay, upon request.

[Source: Ord. 1657, 2013]

Section 18-16-35. Nonrenewal, suspension or revocation of license.

(a)
The local licensing authority may, after notice and hearing, suspend, revoke or refuse to renew a license for good cause, including suspension or revocation of the licensee's state license. The local licensing authority is authorized to adopt rules and procedures governing the conduct of such hearings.

(b)
The local licensing authority may, in its discretion, revoke or elect not to renew any license if it determines that the licensed premises has been inactive, without good cause, for at least one year.

[Source: Ord. 1657, 2013]

Section 18-16-36. Violations and penalties. In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Article, any person, including, but not limited to, any licensee, manager or employee of a retail marijuana establishment, or any customer of such business, who violates any of the provisions of this Article, shall be subject to the following penalties:

(a)
It shall be a misdemeanor offense for any person to violate any provision of this Article. Any person convicted of having violated any provision of this Article shall be punished as set forth in Section 1-1-10 of the Northglenn Municipal Code.

(b)
The operation of a retail marijuana establishment without a valid license issued pursuant to this Article may be enjoined by the City in an action brought in a court of competent jurisdiction, including the Northglenn Municipal Court.

(c)
The operation of a retail marijuana establishment without a valid license issued pursuant to this Article is also specifically determined to be a public nuisance pursuant to Section 9-11-3 of the Northglenn Municipal Code.

[Source: Ord. 1657, 2013]

Section 18-16-37. No City liability; Indemnification.

(a)
By accepting a license issued pursuant to this Article, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of retail marijuana establishment owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(b)
By accepting a license issued pursuant to this Article, all licensees, jointly and severally, if more than one (1), agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the retail marijuana establishment that is the subject of the license.

[Source: Ord. 1657, 2013]

Section 18-16-38. No waiver of governmental immunity. In adopting this Article, the City Council is relying on and does not waive or intend to waive by any provision of this Article, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as from time to time amended, or any other limitation, right, immunity, or protection otherwise available to the City, its officers or its employees.

[Source: Ord. 1657, 2013]

Section 18-16-39. Other laws remain applicable.

(a)
To the extent the State has adopted or adopts in the future any additional or stricter law or regulation governing the sale or distribution of retail marijuana or retail marijuana products, the additional or stricter regulation shall control the establishment or operation of any retail marijuana establishment in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

(b)
Any licensee may be required to demonstrate, upon demand by the local licensing authority or by law enforcement officers, that the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation.

(c)
If the State prohibits the sale or other distribution of marijuana through retail marijuana stores, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee.

(d)
The issuance of any license pursuant to this Article shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution or use of marijuana.

[Source: Ord. 1657, 2013]

Section 18-16-40. Rules and regulations; administrative approvals.

(a)
The City Manager shall have the authority from time to time to adopt, amend, alter and repeal administrative rules and regulations, and file the same with the City Clerk, as may be necessary for the proper administration of this Artic

(b)
In the event that there have been no violations of the Colorado Medical or Retail Marijuana Code during the preceding year, and if there is no other derogatory information regarding the licensee, its partners, officers, directors, managers, or shareholders, then the City Clerk may grant the renewal of a retail marijuana license, transfer of ownership, change of corporate status, a request for modification of the licensed premises that does not include an expansion of the licensed premises, or manager registration on behalf of the licensing authority. If, however, the City Clerk's investigation discloses any proved or alleged violations of the Colorado Medical or Retail Marijuana Code or derogatory information as described above, the Clerk shall schedule action on the application before the licensing authority.

[Source: Ord. 1657, 2013; 1695, 2015]

Section 18-16-41. Judicial review. In accordance with Article 18, § 16 of the Colorado Constitution, decisions by the local licensing authority are subject to judicial review pursuant to C.R.S. § 24-4-106.

[Source: Ord. 1657, 2013]