HomeMy WebLinkAboutOrdinance 1537CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 07
Ordinance No. 1537
Series 2013
TITLE: AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE
SUBMISSION , ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA
ESTABLISHMENT OR MARIJUANA CLUB
WHEREAS , the City of Wheat Ridge is a home rule municipality operating under
a charter adopted pursuant to Article XX of the Colorado Constitution and vested with
the authority by that article and the Colorado Revised Statutes to adopt ordinances for
the regulation of land use and the protection of the public health , safety and welfare;
and
WHEREAS, on November 6 , 2012, the voters of the State of Colorado approved
Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal
use and regulation of marijuana ; and
WHEREAS , Amendment 64 permits persons twenty-one years of age or older to
possess , use, display, purchase and distribute without remuneration one ounce or less
of marijuana , and to grow, process and transport marijuana plants; and
WHEREAS , Amendment 64 also contemplates the retail sale of marijuana
("marijuana establishments"), and establishes a time schedule under which such
establishments may be established and regulated by the state and/or local
governments; and
WHEREAS, the Colorado General Assembly will likely adopt statutes to
implement the provisions in Amendment 64 and address related matters during the
2013 legislative session ; and
WHEREAS, state regulation of marijuana establishments is also dependent upon
the Colorado Department of Revenue adopting regu lations for such establishments prior
to July 1, 2013; and
WHEREAS , if the Colorado Department of Revenue falls to adopt regulations by
July 1, 2013 or fails to begin accepting applications for marijuana establishments by
October 1, 2013 , local governments may establish their own regulations for the same,
including restrictions on the time , place, manner and number of such establishments ;
and
WHEREAS, Amendment 64 permits local governments to prohibit marijuana
establishments at any time by ordinance, or by election on and after November 4 , 2014;
and
WHEREAS , relying on the authority in Amendment 64 for individual adult
consumption of one ounce or less of marijuana , establishments ("marijuana clubs")
have been created in other municipalities for the purpose of allowing members or
guests to consume marijuana or marijuana products on site ; and
WHEREAS , the City Council has been made aware that staff has received
inquiries from persons that are interested in opening and operating such clubs in the
City ; and
WHEREAS, if marijuana establishments or marijuana clubs were allowed to be
established and operate in the City without appropriate regulation , they may be located
in areas or under conditions that would conflict with the City 's land use code , and may
be inconsistent with surrounding uses or otherwise be detrimental to the public health,
safety an d welfare ; and
WHEREAS, the imposition of a moratorium to and through November 1, 2013 ,
on the submission , acceptance, processing , and approval of all applications for City
permits and licenses concerning the operation of marijuana establishments or marijuana
clubs is reasonab le and will allow the City to develop appropriate policies and , if
needed , regulations concerning the same .
WHEREAS , the Council has previously enacted O rdinance 1533, Series 2013,
which imposed a temporary moratorium on the activities which are the subject of this
Ordinance; it being the intention of the Council to extend that moratorium th rough the
adoption of this Ordinance .
THE COUNCIL OF T HE CITY OF WHEAT RIDGE , COLORADO, ORDAINS :
Secti on 1. Fi n d i ngs. The foregoing findings are incorporated herein by
reference .
Section 2 . T e mporarv Morat o r ium. The moratorium established by
Ordinance 1533, Series 2013 is hereby extended and imposed on the submission ,
acceptance, processing , and approval of any application for a City permit or license to
operate a marijuana establishment or marijuana club under any basis, including Article
XVIII Section 16 of the Colorado Constitution or any provision of the Wheat Ridge City
Code of Laws . The City staff is directed to refuse to accept for filing , and not to process
or review any application for such establishments or clubs during the moratorium period .
Section 3 . Duration . The moratorium extended by this ordinance shall expire
on November 1, 2013, unless soo ner extended or repealed .
Section 4 . Staff t o Investigate an d Prepare Proposed Regulati ons. Before
the expiration of the moratorium imposed by this ordinance, City staff shall investigate,
review and analyze potential new City regulations for marijuana establishments,
marijuana clubs , and/or the prohibition thereof. Such investigation , review and analysis
shall be submitted to the City Council for consideration . The City Council declares that
it will give due and timely consideration to those recommendations .
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Section 5. Repeal. Ordinance 1533 , Series 2013 is hereby repealed
Section 6. Medical Marijuana not Affected. This ordinance shall not extend
to or affect any medical marijuana establishment or center nor any primary caregiver as
defined by Section 11-291 of the Wheat Ridge Code of Laws .
Section 7 . Effective Date . This Ordinance shall take effect fifteen (15) days
after final publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 25th day of March , 2013 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Public Hearing and consideration on final
passage set for April 8, 2013 at 7 :00 p .m ., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _JL_ to .JL, this 8th day of April , 2013 .
SIGNED by the Mayor on this 8th
ATTEST:
First Publication: March 28, 2013
Second Publicat ion : April u. 2013
Wheat Ridge Transcript
Effective Date: April 26, 2013
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