§ 13-203. License required; general licensing conditions.

It shall be unlawful for any person to operate a medical marijuana business without first having obtained a city license to operate pursuant to the provisions of this division 2, having a validly issued license in good standing from the state, and having paid all applicable fees. The licensing requirement applies to all medical marijuana businesses that exist on the effective date of the ordinance adopting this provision and any medical marijuana business established after such effective date.

(1)

Pursuant to the provisions of C.R.S. Title 12, Article 43.3, Medical Marijuana Businesses shall be licensed by the city only for a medical marijuana center, as defined in C.R.S., § 12-43.3-104(8), or for a medical marijuana testing facility. Such businesses shall meet all criteria and requirements of C.R.S., § 12-43.3-402, as well as all other regulatory requirements applicable to medical marijuana centers and medical marijuana testing facilities, set forth within this division 2 and within Article 43.3 of said Title 12, C.R.S.

(2)

The optional premises cultivation license referenced in C.R.S., § 12-43.3-403 and medical marijuana infused products manufacturer as defined in C.R.S., § 12-43.3-403 will not be issued by the city. Marijuana growing operations are prohibited in the city, due to impacts on adjoining properties, as well as fire, safety, and health risks associated with such facilities.

(3)

The licensing requirements set forth in this section shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law, including, but not by way of limitation, a retail sales and use tax license, retail food establishment license, or any applicable zoning, land use or building permits.

(4)

A medical marijuana business shall not be operated until a license for such use, at the location designated in the application, has been issued by the Department of Revenue of the State of Colorado and the city.

(5)

The issuance of a license pursuant to this section does not create a defense, exception or provide immunity to any person in regard to any potential criminal liability the person may have for the production, distribution or possession of marijuana.

(6)

Separate license shall be required for each location from which a medical marijuana business is operated.

(7)

All medical marijuana business licenses issued by the city shall be valid for a period of one (1) year from the date such license is issued. Renewal applications shall be filed at least forty-five (45) days prior to the expiration date of the existing license.

(8)

Licensees shall report each transfer or change of ownership interest, change in business manager, or change in financial interest on forms provided by the city clerk. An application for a change of business manager shall be submitted at least thirty (30) days prior to any such change to provide necessary time for the background check and processing of the application.

(9)

The submission of an application for or the acceptance of the issuance of a license under this division 2 from the city shall act as an acknowledgment and agreement by the applicant or the licensee that the sale of marijuana continues to be subject to the control and jurisdiction of the federal government and actions taken by the federal government under federal laws and regulations may limit or invalidate any license issued by the city or the licensee's ability to own or operate a marijuana business in the city.

(Ord. No. O-2014-27, § 2, 6-16-14; Ord. No. O-2016-23, § 1(b), 8-9-16 )