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HomeMy WebLinkAboutR12-069 Medical Marijuana Regulations Commissioner � moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012 - O (9 "[ A RESOLUTION ADOPTING EAGLE COUNTY MEDICAL MARIJUANA BUSINESS LICENSING REGULATIONS WHEREAS, Article XVII, Section 14, of the Colorado Constitution allows limited medical uses of marijuana; and WHEREAS, the Colorado legislature enacted article 43.3 of Title 12 of the Colorado Revised Statutes that authorized counties to determine whether to permit certain medical marijuana businesses within their jurisdictions and, if so, to develop local licensing standards; and WHEREAS, following a county -wide vote, the Board of County Commissioners for the County of Eagle, Colorado ( "Board ") decided to allow medical marijuana businesses in the Commercial General and Commercial Limited Zone Districts as a matter of right subject to certain adopted distance and use requirements; WHEREAS, amendments to the Eagle County Land Use Regulations were adopted by Resolution No. 2011 -073 to provide for said distance and use requirements; and WHEREAS, the Board desires to authorize local licensing of medical marijuana businesses in unincorporated Eagle County as provided in C.R.S. 12- 43.3- 301(2)(a) and to establish specific standards and procedures for such local licensing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Medical Marijuana Business Licensing Regulations as set forth in the attached Exhibit A are hereby approved. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. -1 - MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 19 day of June, 2012. COUNTY OF EAGLE, STATE OF OLORADO, By and Through ATTEST: o r e 10 ' A ' D OF C • ,:� t : El NERS ig e [ ACC Clerk to the Bo. d of Q c Peter F. Runyon, Chair / County Commissioner I ilik Stavney, ommissioner Sara J. Fisher, Commissioner Commissioner P - ' 04 - -1 4 - seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon A Commissioner Stavney A Commissioner Fisher ,S j This Resolution passed by / U vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2 - EAGLE COUNTY MEDICAL MARIJUANA BUSINESS LICENSING REGULATIONS Article 1: Applicability and Purpose. Limited medical marijuana use is allowed in Colorado under the provisions of Section 14 of article XVII of the Colorado Constitution and the Colorado Medical Marijuana Code, article 43.3 of title 12, C.R.S ( "State Regulations "). These laws authorize counties and municipalities to permit and regulate certain medical marijuana businesses within their jurisdictions. The purpose of these regulations is to further prescribe the manner in which medical marijuana businesses can be conducted in the county and to authorize licensing in unincorporated Eagle County as provided in § 12- 43.3- 301(2)(a), C.R.S., as amended. Article 2: Applicability. All licenses must comply with the regulations set forth herein; all other applicable State laws, rules and regulations as amended; and all County Land Use, Building Code, and other rules and regulations as amended. A person or entity must obtain a license in accordance with these Regulations ( "Local Regulations ") and the applicable State Regulations prior to operating a medical marijuana business in Eagle County. All terms in these Local Regulations shall have the same meaning and definition as in the Eagle County Land Use Regulations, the State Regulations, and all rules duly adopted by the State Licensing Authority unless specifically stated otherwise. Article 3: Effective date and applicability. (a) Effective date. These regulations shall become effective upon adoption by the Board of County Commissioners for Eagle County. Except as provided in section (c) below, on and after such adoption, it shall be unlawful to operate any medical marijuana business in unincorporated Eagle County without first having obtained a local license under these regulations and a State license under the State Regulations. (b) Applications for local licenses. On and after July 1, 2012, Eagle County shall begin receiving and processing applications for licensing under these regulations. (c) Pre- existing businesses. Any person who is lawfully engaged in the business of selling, cultivating, or manufacturing medical marijuana as permitted by State Regulations and the Eagle County Land Use Regulations prior to adoption of these Local Regulations may continue in business if, on or before August 31, 2012, the person submits an application for local licensing under these regulations. If an application is submitted according to this subsection, the business may continue until such time the State or local licensing application is denied or the State or local license is revoked. EXHIBIT ge 1 A Article 4: Local Licensing Authority. The Eagle County Board of County Commissioners (the "Board ") shall be the Local Licensing Authority ( "Authority ") and may appoint an individual to serve in this capacity in its sole discretion. The Board hereby appoints the Eagle County Planning Director to act in this capacity. Article 5: Licenses. (a) License Types. The Authority is authorized to issue the following local licenses should the applicant fulfill the requirements: medical marijuana center license; optional premises cultivation license; medical marijuana- infused products manufacturing license. The license requirement in these regulations shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other law or regulations applicable to the operation of a medical marijuana business. A separate license shall be required from the State as provided by the State Regulations. (b) State License Requirement. Should the Authority approve an application of a local license, no such license shall be issued or effective until and unless the State Licensing Authority has approved the issuance of a State License for the proposed licensed premises. (c) Inspection. No such license shall be issued or effective until the building in which the licensed business operations are to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with applicable provisions of any State Regulations and Local Regulations, and only after the Authority, or its designated representative, has inspected the proposed licensed premises to determine that the applicant(s) has complied with the drawings and requirements provided herein. Article 6: Licensing Procedure. (a) General Procedure. The Authority shall consider and act upon all complete local license applications as authorized by these regulations unless otherwise stated herein. The Authority shall defer to the State to enforce compliance with the requirements in the State Regulations. The Authority shall grant or deny a license based solely upon the Authority's investigation and findings, and no public hearing shall be required. The Authority shall deny any application that is not in full compliance with these regulations. (b) Application Forms. All applications for local licensing shall be made upon forms provided by the Authority or the State and shall include any supplemental materials as required by the State, these Regulations, the Authority, or the County Land Use and Building Codes. (c) Concurrent Application. As provided for under the State Regulations, upon receipt of a local licensing application under these regulations, the Authority may request that the State Licensing Authority conduct a concurrent review of a new license application and that the State advises the Authority of any items it finds that could result in the denial of the license. The Page 2 applicant shall be responsible for submitting any required fees and materials directly to the State Licensing Authority under the State Regulations when a request is made. If the Authority receives such a notice from the State, the Authority shall suspend its review of the local license until it receives a notice from the State Licensing Authority that the noted discrepancies have been corrected. Article 7: Licensing Requirements. Before issuing a local license for a medical marijuana business, the Authority shall require that the applicant provide the requisite information necessary to determine that all of the following requirements have been met by the applicant: (a) The appropriate application or renewal fee has been paid; (b) The applicant has obtained a letter from the Eagle County Planning Department that states that the use is permitted in the zone district proposed and the owner or operator has obtained all required approvals under the Eagle County Land Use Code as determined by the Planning Director. To obtain such letter, the applicant shall provide a detailed legal description of the precise location and a map showing the following uses in the immediate vicinity: any residences that are not part of a mixed -use commercial /residential development or within an Commercial General or Commercial Limited zone district, any drug or alcohol rehabilitation facilities, any public community centers or publically owned or maintained buildings open for use to the general public, and public school or private school, and public park or playground, any licensed child care facility, or any other sensitive use that may be identified in the Eagle County Land Use Regulations, as may be amended from time to time. The map must show the distance of these uses from the proposed location, measured in accordance with the Eagle County Land Use Regulations, and must demonstrate that the proposed location meets the required separation distance; (c) The applicant has obtained a letter from the Eagle County Building Inspector that states the proposed structure and use comply with all applicable building code provisions and all necessary building permits have been obtained. To obtain such letter, the applicant shall provide a detailed floor plan layout drawn to scale which clearly reflects the uses, functions, and operations within the building. The plan shall show mechanical functions such as cooling and ventilation systems, filters and discharge systems and locations, heating systems, grow light configurations, wall construction and separation from other occupants, and any other information necessary as determined by the Building Inspector; (d) The applicant has submitted a detailed report on the effective mitigation of any odors of the proposed operation or the mitigation and rectification of any past odors reported from the activity. Such report shall include proof that the design for the purification of air and odor shall have been either prepared or approved by a professional licensed mechanical engineer to the standards contained in the Local Regulations requiring proper ventilation systems so that odors are filtered and do not materially interfere with adjoining businesses; Page 3 (e) The applicant has obtained and submitted a letter from the Eagle County Treasurer showing that all property taxes have been paid and no tax liens exist on the property; (f) The applicant has obtained and submitted proof of possession of the proposed licensed premises for the duration of the license; (g) The applicant has submitted letters to the appropriate fire and law enforcement personnel describing the location and nature of the proposed business; (h) The applicant has obtained and submitted proof that it has not violated any State Regulations or Local Regulations during any previous licensed terms or a detailed description on how the applicant has satisfactorily corrected and mitigated any such past violation; (i) The applicant has obtained and submitted proof that all State Regulations; including, but not limited to: disclosures related to ownership of the proposed business, fingerprints of the applicants, building plans, and security plans have been satisfied; and (j) The applicant has obtained and submitted any additional materials that, in the discretion of the Eagle County Planning Director, is necessary to make a determination under these regulations. Article 8: Changes in License. (a) Transfer of Ownership. Any license issued under these regulations is not transferable or assignable. Any change of ownership shall require a new license. (b) Change of Location. Any license granted under these regulations is limited to the location(s) specified on the license application. Operation of a medical marijuana center, optional premises cultivation, and /or medical marijuana - infused products manufacturing at a new location requires a new license. (c) Modification ofpremises. Modification of any building structure where a medical marijuana center, optional premises cultivation, or medical marijuana - infused products manufacturing is located is subject to all applicable provisions of the Eagle County Land Use and Building Codes. Article 9: Term of license; renewal. Any local license issued under these regulations shall be valid for a period of two (2) years from the date of issuance. Applications for renewals shall be processed in the same manner as new licenses under these regulations. A licensee shall submit a renewal application at least forty -five (45) days before the expiration of the license. Upon denial or revocation of a State license, any license issued under these regulations shall be null and void. If a court of competent jurisdiction determines that the issuance of local licenses violates any State or federal law, all Page 4 licenses issued under these regulations shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee. Article 10: Violations. Procedures for suspension or revocation of licenses issued under these regulations, and other fines, sanctions and penalties shall be as provided in the applicable State and Local Regulations, as may be amended from time to time. Article 11: Application Fees. The fee for all local licenses shall be $2000. The fees for renewals shall be $1500. All . fees are nonrefundable. Article 12: Decision and Appeal. Once the Authority has completed its review of an application, it shall either issue an approval or a denial letter that specifies the reasons for the decision. Within ten (10) days of a denial letter, the applicant may request that the Authority reconsider its decision by submitting a letter to the Authority clearly stating the grounds for the request. In response, the Authority may deny the request, issue a revised denial letter, or issue an approval. The decision of the Eagle County Planning Director under these Local Regulations that the use is not permitted or that the applicant has not obtained the required approvals under these Local Regulations, State Regulations, or the Eagle County Land Use and Building Codes shall constitute a final administrative officer or agency decision appealable to the Eagle County Board of County Commissioners pursuant to the applicable provisions of Article 1.16 of the Eagle County Land Use Regulations. No additional hearing or appeal rights, including but not limited to such hearings allowed under C.R.S 12- 43.3 -302, shall be provided to applicants under these Local Regulations. Article 13: Entitlements. No person shall have any entitlement or vested right to licensing under these Local Regulations. These Local Regulations, the State Regulations, the Eagle County Land Use and Building Codes, and applicable zoning may be changed or amended from time to time. Such changes may preclude the continuance or further issuance of a local license at any given location. As of the date of the enactment of these Local Regulations, the use, possession, distribution, and sale of marijuana is illegal under Federal law and those who engage in such activities do so at their own risk of criminal prosecution. Any license given hereunder does not provide any exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana. Page 5