HomeMy WebLinkAboutOrdinance 1563CITY OF WHEAT RIDGE , CO L ORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Council Bill No. 02
Ord i nance No.1563
Series 2015
TITLE : AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT
RIDGE CODE O F L AWS CONCERNING THE REGULATION OF MEDICAL
MARIJUANA ESTABLISHMENTS AND RETAI L MARIJUANA
ESTABLISHMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
ope rating 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, pursuant t o the authority granted by Section 14 , Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code , Article 43 .3, Title 12 ,
C .R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS , pu rsuant to the authority g ranted by Section 16 , Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12 ,
C.R.S ., the Council previously adopted local regulations governing retail marijuana
esta blish m ents; and
WHEREAS, by City of Wheat Ridge Ordinance No . 1554, on August 18 , 2014 ,
the Council adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations ; and
W HEREAS , by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014,
the Cou ncil adopted an additional temporary moratorium on such approvals in order to
per mit the Council adequate time to carefully study the many issues implicated by the
regulation of marijuana-related businesses ; and
WHEREAS, the Council has completed its study of such issues and now desires
to amend certain provisions of Chapters 5 , 11 and 26 of the Wheat Ridge Municipal
Code ("Code"), conce rn ing the regulation of both medical marijuana establishments and
retail marijuana establishments , as further set forth herein .
NOW THEREFORE BE IT ORDAINED B Y THE CI TY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO :
Section 1. Section 11-296 of the Code, concerning application for a medical
marijuana business license, is hereby amended as follows :
Sec. 11 -296. -Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state , A SIGN APPLICATION and shall include all additional
information required by the Colorado Medical Marijuana Code . IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION , AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR
TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON
THE PROPERTY UNTIL APPROVED BY THE CITY . SEE SECTION
26-708 .H.
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application.
Se c t ion 2. Section 11-298 of the Code , concerning the issuance of medical
marijuana business licenses , is hereby amended as follows:
Sec. 11-298 .-Sta ndards f o r approval of l icense; n o hea ring re quired;
MAXIM UM N UMBER OF LICENSES .
(a) The local licensing authority is authorized to administratively approve any
license under this division so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant;
(2) The applicant has paid the application fee and any other fees required
by this Code ;
(3) The application does not contain a material falsehood or
misrepresentation;
(4) The application complies with all of the requirements of this division
and the Colorado Medical Marijuana Code ; aM
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background-:-;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
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requirements imposed by this division and section 26-204 of this Code
have been met; AND
(7 ) THE PROPOSED LOCATION , IF APPROVED , WILL NOT EXCEED
THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITIED
IN THE CITY.
a. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA
CENTERS AND RETAIL MARIJUANA STORES IN THE CITY
SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS
PARAGRAPH , A RETAIL MARIJUANA STORE AND A
MEDICAL MARIJUANA CENTER COLOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE
COUNTED AS ONE (1) STORE/CENTER.
b . THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURERS AND RETAIL
MARIJUANA PRODUCTS MANUFACTURERS IN THE CITY
SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS
PARAGRAPH , A RETAIL MARIJUANA PRODUCTS
MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURE COLOCATED IN ACCORDANCE
WITH SECTION 11-415(B) SHALL BE COUNTED AS ONE (1)
MANUFACTURER.
(b ) The local licensing authority may, but is not required to hold a hearing as
permitted by C.R.S . § 12-43 .3-302 prior to granting a medical marijuana
license.
(C) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE
MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS :
(1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM
NUMBERS ESTABLISHED BY PARAGRAPH (A)(?) ABOVE , THE
CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH
NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST
SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES . THE
DETERMINATION AND DECLARATION OF A VACANCY SHALL BE
IN THE CITY'S SOLE AND ABSOLUTE DISCRETION . THE NOTICE
OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES
MUST FILE A LETIER OF INTENT WITH THE CITY WITHIN THIRTY
(30) DAYS OF THE DATE OF NOTICE .
(2) THE CITY SHALL ACCEPT LETIERS OF INTENT FROM
INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE
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OF THE NOTICE OF VACANCY. LETTERS OF INTENT MUST
INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION :
A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT PROPOSED . THE
PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO
OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII
AND/OR XIII OF CHAPTER 11 .
B. THE PROPOSED LOCATION OF THE ESTABLISHMENT.
C . WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY ,
IF THE OWNER IS NOT THE INTERESTED PARTY , TO
CONDUCT THE PROPOSED ESTABLISHMENT AT THE
LOCATION .
(3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS
TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETIER TO
CONTINUE PROCESSING BY LOTTERY. ALL POTENTIAL
APPLICANTS IN THE LOTIERY SHALL BE NOTIFIED OF THE TIME
AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND
AND OBSERVE THE PROCESS. IF THE CITY DOES NOT RECEIVE
ANY LEITERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY
RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF
VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY
SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE
PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW
BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER
RECEIVED . IF MORE THAN ONE LETIER OF INTENT IS
THEREAFTER RECEIVED BY CITY ON THE SAME DATE, THE
LOTIERY PROCESS SET FORTH ABOVE SHALL BE USED TO
SELECT ONE (1) LETIER TO CONTINUE PROCESSING.
(4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE
LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A
COMPLETE SPECIAL USE PERMIT APPLICATION , IF REQUIRED
PURSUANT TO SECTION 26-204 , WITHIN SIXTY (60) DAYS OF :
A. THE DATE THE APPLICANT IS SELECTED BY LOTIERY, IF SO
SELECTED ;
B . THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS
FILED A TIMELY LETTER OF INTENT; OR
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C. THE DATE OF THE APPLICANTS LETTER OF INTENT IF
SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD .
(5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY
BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A
SPECIAL USE PERMIT , IF REQUIRED BY SECTION 26-204 , WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE
SET FORTH UNDER PARAGRAPH (C)(4) ABOVE.
(6) AN APPLICANTS FAILURE TO MEET THE DEADLINES SET
FORTH UNDER THIS SUBSECTION OR TO TIMELY FILE THE
MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH
THE SPECIAL USE PERMIT PROCESS , IF APPLICABLE , OR THE
CITY BUSINESS LICENSE PROCESS , AS DETERMINED BY THE
CITY IN ITS ABSOLUTE AND SOLE DISCRETION , SHALL RESULT
IN THE REJECTION OF HIS OR HER APPLICATION AND THE
GENERATION OF A NEW NOTICE OF VACANCY , IN
ACCORDANCE WITH PARAGRAPH (C)(1) ABOVE.
Section 3. Subsection 11-305 of the Code , concerning prohibited locations of
medical marijuana businesses , is hereby amended as follows :
Sec. 11-305.-Prohibited locations.
(a) Except as provided in subsection (g) of this section , no medical marijuana
establishment shall be located at a location that does not conform to the
requirements of this section .
(b) No medical marijuana center or medical marijuana-infused product
manufacturer shall be located within one thousand (1,000) feet of a
school , an alcohol or drug treatment facility, or the principal campus of a
college , university, or seminary , or a residential child care facility. NO
MEDICAL MARIJUANA CENTER SHALL BE LOCATED WITHIN ONE
THOUSAND (1 ,000) FEET OF AN IMPROVED CITY PARK OR THE
WHEAT RIDGE RECREATION CENTER. FOR PURPOSES OF THIS
SUBSECTION , IMPROVED CITY PARK DOES NOT MEAN OR
INCLUDE PROPERTIES HELD BY THE CITY AND/OR JEFFERSON
COUNTY FOR THE PURPOSES OF PASSIVE RECREATION ,
INCLUDING BUT NOT LIMITED TO THE CLEAR CREEK GREENBELT.
+ms THESE limitationS will be computed by direct AERIAL measurement
from the nearest property line of the land used for a school , treatment
facility, campus , ef residential child care facility , IMPROVED CITY PARK
OR THE WHEAT RIDGE RECREATION CENTER to the nearest
PROPERTY LINE OF THE LAND ON portion of the building in which the
center or manufacturer is to be located , using the most direst route of
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pedestrian access , as determined by the community de¥elopment director.
Medical marijuana establishments that were lawfully in existence at a
specific location within the city as of the effective date of this section shall
not be subject to the prohibition at that location .
(c) No medical marijuana center shall be located within three-quarters (%) of
a mile of another medical marijuana center or within three-quarters (%) of
a mile of a retail marijuana store unless the medical marijuana center and
the retail marijuana store are operating a dual retail business as described
in section 11-415. This limitation will be measured using a straight
DIRECT AERIAL line from the perimeter of the parcel where a proposed
medical marijuana center will be located to the perimeter of the parcel
upon which the existing center or store is located. Medical marijuana
establishments that were lawfully in existence at a specific location within
the city as of the effective date of this section shall not be subject to the
prohibition at that location.
(d) No medical marijuana-infused product manufacturer shall be located
within one-quarter (~) of a mile of another medical marijuana-infused
product manufacturer or a retail marijuana products manufacturer unless
the medical marijuana-infused product manufacturer and retail marijuana
products manufacturer are operating as a dual manufacturing business as
described in section 11-415 . This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed manufacturer will be located to the perimeter of the parcel upon
which the existing medical marijuana-infused product manufacturer or a
retail marijuana products manufacturer is located .
(e) No person shall operate an optional premises cultivation operation within
the city unless the licensed premises of the person's optional premises
cultivation operation are contiguous with the licensed premises of the
person's medical marijuana center license and/or the person's medical
marijuana-infused products manufacturing license . THE TOTAL
COMBINED GROSS SQUARE FOOTAGE OF AN OPTIONAL
PREMISES CULTIVATION OPERATION AND ANY MEDICAL
MARIJUANA CULTIVATION FACILITY COLOCATED THEREWITH MAY
NOT EXCEED FIVE THOUSAND (5 ,000) SQUARE FEET ON THE
ENTIRE LICENSED PREMISE. SEE , SECTION 26-204 .
(f) Each medical marijuana establishment shall be operated from a
permanent location. Except as permitted by the Medical Marijuana Code ,
no medical marijuana establishment shall be licensed to operate from a
moveable, mobile, or transitory location .
(g) The suitability of a location for a medical marijuana establishment shall be
determined at the time of the issuance of the first license for such
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establishment. The fact that changes in the ne ighborhood that occur after
the issuance of the first license m ight render the site unsu itable for a
medical marijuana establishment under this section shall not be grounds
to suspend , revoke , or refuse to renew the license for such establishment
so long as the license for the establishment remains in effect.
Section 4. Section 11 -306 of the Code , concerning signage requirements for
medical marijuana businesses , is hereby amended as follows :
Sec. 11-306. -Signage.
(a ) All signage for a medical marijuana establishment shall comply with
the requirements of chapter 26 of this Code .
(b) No licensee shall display a sign for the medical marijuana
establishment that contains the word "marijuana ," "cannabis ," or any
other word or phrase commonly understood to refer to marijuana
unless such word or phrase is immediately preceded or followed by the
word "medical." EXCEPT AS OTHERWISE PROVIDED HEREIN , IT
SHALL BE UNLAWFUL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT TO ENGAGE IN ADVERTISING THAT IS VISIBLE
TO MEMBERS OF THE PUBLIC FROM ANY STREET, SIDEWALK ,
PARK OR OTHER PUBLIC PLACE , INCLUDING ADVERTISING
UTILIZING ANY OF THE FOLLOWING MEDIA: ANY BILLBOARD OR
OTHER OUTDOOR GENERAL ADVERTISING DEVICE ; ANY SIGN
MOUNTED ON A VEHICLE ; ANY HAND-HELD OR OTHER
PORTABLE SIGN ; OR ANY HANDBILL, LEAFLET OR FLIER
DIRECTLY HANDED TO ANY PERSON IN A PUBLIC PLACE , LEFT
UPON A MOTOR VEHICLE , OR POSTED UPON ANY PUBLIC OR
PRIVATE PROPERTY. THESE PROHIBITIONS SHALL NOT APPLY
TO ANY FIXED SIGN THAT IS LOCATED ON THE SAME LOT AS A
MEDICAL MARIJUANA ESTABLISHMENT AND THAT EXISTS
SOLELY FOR THE PURPOSE OF IDENTIFYING THE LOCATION OF
THE MEDICAL MARIJUANA ESTABLISHMENT AND OTHERWISE
COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF THIS
CODE.
(C) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21 , INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES .
(D) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE ,
FALSE , OR MISLEADING.
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(E) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 5. Section 11-406 of the Code , concerning appl ication for a retail
marijuana business license, is hereby amended as follows :
Sec. 11-406. -Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state , A SIGN APPLICATION and shall include all additional
information required by the Colorado Retail Marijuana Code . IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION, AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR
TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON
THE PROPERTY UNTIL APPROVED BY THE CITY . SEE SECTION
26-708 .H.
(b ) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado RETAIL Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application .
Section 6. Section 11-408 of the Code , concerning the issuance of retail
marijuana business licenses , is hereby amended as follows :
Sec. 11-408. -Standards for approval of license, no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this article so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant;
(2) The applicant has paid the operating fee and any other fees required
by this Code ;
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(3) The application does not contain a material falsehood or
misrepresentation ;
(4) The application complies with all of the requirements of this article and
the Colorado Retail Marijuana Code; ami
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background';' ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
requirements imposed by this article and section 26-204 of the Code
have been met; AND
(7) THE PROPOSED LOCATION, IF APPROVED, WILL NOT EXCEED
THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITIED
IN THE CITY.
a. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA
STORES AND MEDICAL MARIJUANA CENTERS IN THE CITY
SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS
PARAGRAPH , A RETAIL MARIJUANA STORE AND A
MEDICAL MARIJUANA CENTER COLOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE
COUNTED AS ONE (1) STORE/CENTER.
b. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA
PRODUCTS MANUFACTURERS AND MEDICAL IN THE CITY
SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS
PARAGRAPH , A RETAIL MARIJUANA PRODUCTS
MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURER COLOCATED IN
ACCORDANCE WITH SECTION 11-415(B) SHALL BE
COUNTED AS ONE (1) MANUFACTURER.
(b) The local licensing authority may , but is not required to hold a hearing as
permitted by C.R.S . § 12-43.4-412 prior to granting a retail marijuana
establishment license .
(c) The local licensing authority shall inform the state licensing authority of
approval of an application for a license.
(D) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE
MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS:
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(1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM
NUMBERS ESTABLISHED BY PARAGRAPH (A)(7) ABOVE, THE
CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH
NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST
SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES . THE
DETERMINATION AND DECLARATION OF A VACANCY SHALL BE
IN THE CITY'S SOLE AND ABSOLUTE DISCRETION . THE NOTICE
OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES
MUST FILE A LETTER OF INTENT WITH THE CITY WITHIN THIRTY
(30 ) DAYS OF THE DATE OF NOTICE.
(2 ) THE CITY SHALL ACCEPT LETTERS OF INTENT FROM
INTERESTED PARTIES FOR THIRTY (3 0) DAYS FROM THE DATE
OF THE NOTICE OF VACANCY . LETTERS OF INTENT MUST
INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION :
A . THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT PROPOSED . THE
PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO
OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII
AND /OR XIII OF CHAPTER 11 .
B. THE PROPOSED LOCATION OF THE ESTABLISHMENT.
C. WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY ,
IF THE OWNER IS NOT THE INTERESTED PARTY, TO
CONDUCT THE PROPOSED ESTABLISHMENT AT THE
LOCATION .
(3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS
TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETTER TO
CONTINUE PROCESSING BY LOTTERY . ALL POTENTIAL
APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME
AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND
AND OBSERVE THE PROCESS . IF THE CITY DOES NOT RECEIVE
ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY
RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF
VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY
SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE
PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW
BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER
RECEIVED . IF MORE THAN ONE LETTER OF INTENT IS
THEREAFTER RECEIVED BY CITY ON THE SAME DATE, THE
LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO
SELECT ONE {1 ) LETTER TO CONTINUE PROCESSING .
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(4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE
LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A
COMPLETE SPECIAL USE PERMIT APPLICATION , IF REQUIRED
PURSUANT TO SECTION 26-204, WITHIN SIXTY (60) DAYS OF :
A . THE DATE THE APPLICANT IS SELECTED BY LOTTERY , IF SO
SELECTED ;
B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS
FILED A TIMELY LETTER OF INTENT; OR
C. THE DATE OF THE APPLICANT'S LETTER OF INTENT IF
SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD .
(5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY
BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A
SPECIAL USE PERMIT . IF REQUIRED BY SECTION 26-204 , WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE
SET FORTH UNDER PARAGRAPH (D)(4) ABOVE.
(6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET FORTH
UNDER THIS SUBSECTION (D) OR TO TIMELY FILE THE MATERIALS AND
INFORMATION NECESSARY TO COMPLY WITH THE SPECIAL USE PERMIT
PROCESS , IF APPLICABLE , OR THE CITY BUSINESS LICENSE PROCESS, AS
DETERMINED BY THE CITY IN ITS ABSOLUTE AND SOLE DISCRETION , SHALL
RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE
GENERATION OF A NEW NOTICE OF VACANCY , IN ACCORDANCE WITH
PARAGRAPH (D)(1) ABOVE .
Section 7. Section 11-416 of the Code , concerning prohibited locations of retail
marijuana businesses, is hereby amended as follows :
Sec. 11-416. -Prohibited locations.
(a) Except as provided in subsection (h) of this section, no retail marijuana
establishment shall be located at a location that does not conform to the
requirements of this section.
(b) No retai l marijuana store or retail marijuana products manufacturer
shall be located within one thousand (1 ,000) feet of a school, an alcohol
or drug treatment facility, or the principal campus of a college , university ,
or seminary, or a residential child care facility . NO RETAIL MARIJUANA
STORE SHALL BE LOCATED WITHIN ONE THOUSAND (1 ,000) FEET
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OF AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION
CENTER. FOR PURPOSES OF THIS SUBSECTION , IMPROVED CITY
PARK DOES NOT MEAN OR INCLUDE PROPERTIES HELD BY THE
CITY AND/OR JEFFERSON COUNTY FOR THE PURPOSES OF
PASSIVE RECREATION , INCLUDING BUT NOT LIMITED TO THE
CLEAR CREEK GREENBELT. +fWs THESE limitationS will be computed
by direct AERIAL measurement from the nearest property line of the land
used for a school, alcohol or drug treatment facility , or the principal
campus of a college, university , or seminary , or a residential child care
facility , OR AN IMPROVED CITY PARK OR THE WHEAT RIDGE
RECREATION CENTER to the nearest portion of the building in
PROPERTY LINE OF THE LAND ON which the store or manufacturer is
to be located , using the most direst route of pedestrian access , as
determined by the community development director.
(c) No retail marijuana store shall be located within three-quarters (o/.) of a
mile of another retail marijuana store . This limitation will be measured
using a straight DIRECT AERIAL line from the perimeter of the parcel
where a proposed retail marijuana store will be located to the perimeter of
the parcel upon which the existing retail marijuana store is located . This
limitation shall apply to retail marijuana stores whether they ARE located
within or outside of the city limits .
(d) No retail marijuana store shall be located within three-quarters (o/.) of a
mile of a medical marijuana center unless the retail marijuana store and
the medical marijuana center are operating a dual retail business as
described in section 11-415 . This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana store will be located to the perimeter of the
parcel upon which the existing medical marijuana center is located . This
limitation shall apply to retail marijuana stores and medical marijuana
centers whether they are located within or outside of the city limits .
(e) No retail marijuana products manufacturer shall be located within one-
quarter (X) of a mile of another retail marijuana products manufacturer or
medical marijuana-infused product manufacturer unless the medical
marijuana-infused product manufacturer and retail marijuana products
manufacturer are operating as a dual manufacturing business as
described in section 11-415 . This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana products manufacturer will be located to the
perimeter of the parcel upon which the existing retail marijuana products
manufacturer or medical marijuana-infused product manufacturer is
located.
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(f) No person shall operate a retail marijuana cultivation facility within the city
unless the licensed premises of the person's retail marijuana cultivation
facility are contiguous with the licensed premises of the person's retail
marijuana store license and/or the person 's retail marijuana products
manufacturing license. THE TOTAL COMBINED GROSS SQUARE
FOOTAGE OF A RETAIL MARIJUANA CULTIVATION FACILITY AND
ANY OPTIONAL PREMISES CULTIVATION OPERATION COLOCATED
THEREWITH MAY NOT EXCEED FIVE THOUSAND (5 ,000) SQUARE
FEET ON THE ENTIRE LICENSED PREMISE. SEE , SECTION 26 -204.
(g) Each retail marijuana establishment shall be operated from a permanent
location . No retail marijuana establishment shall be licensed to operate
from a moveable , mobile , or transitory location .
(h) 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
establishment. 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 establishment so
long as the license for the establishment remains in effect.
Se cti on 8. Section 11-417 of the Code , concerning signage requirements for
retail marijuana businesses , is hereby amended as follows:
Se c . 11-417. -Signage.
(A) All signage for a retail marijuana establishment shall comply with the
requirements of Chapter 26 of this Code and the Colorado Retail
Marijuana Code .
(B) EXCEPT AS OTHERWISE PROVIDED HEREIN, IT SHALL BE
UNLAWFUL FOR ANY RETAIL MARIJUANA ESTABLISHMENT TO
ENGAGE IN ADVERTISING THAT IS VISIBLE TO MEMBERS OF
THE PUBLIC FROM ANY STREET, SIDEWALK, PARK OR OTHER
PUBLIC PLACE , INCLUDING ADVERTISING UTILIZING ANY OF
THE FOLLOWING MEDIA: ANY BILLBOARD OR OTHER OUTDOOR
GENERAL ADVERTISING DEVICE ; ANY SIGN MOUNTED ON A
VEHICLE; ANY HAND-HELD OR OTHER PORTABLE SIGN ; OR ANY
HANDBILL, LEAFLET OR FLIER DIRECTLY HANDED TO ANY
PERSON IN A PUBLIC PLACE, LEFT UPON A MOTOR VEHICLE ,
OR POSTED UPON ANY PUBLIC OR PRIVATE PROPERTY .
THESE PROHIBITIONS SHALL NOT APPLY TO ANY FIXED SIGN
THAT IS LOCATED ON THE SAME LOT AS A RETAIL MARIJUANA
ESTABLISHMENT AND THAT EXISTS SOLELY FOR THE PURPOSE
OF IDENTIFYING THE LOCATION OF THE RETAIL MARIJUANA
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ESTABLISHMENT AND OTHERWISE COMPLIES WITH ALL
APPLICABLE REQUIREMENTS OF THIS CODE.
(C) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21 , INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES .
(D) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE,
FALSE , OR MISLEADING.
(E) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME .
(F) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 9. Section 26-204 of the Code , concerning the zone district use
schedule , is hereby amended by amending the following portions of the Table of Uses-
Commercial and Industrial Districts as follows :
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 IE
Medical marijuana centers SUPS NOT PS p
TRANSFERAB
LEWITHOUT
CITY
APPROVAL.
SEE§ 26-
114.G .2 .
Med1cal Marijuana -5,000
Optional premises COMBINED PS p
cultivation operation TOTAL
ASSOCIATED WITH SQUARE
MEDICAL MARIJUANA FEET
CENTERS MAXIMUM ;
SEE§ 11-
305(E}
MEDICAL MARIJUANA-5,000 p
OPTIONAL PREMISES COMBINED
CULTIVATION TOTAL
OPERATION SQUARE
ASSOCIATED WITH FEET
MEDICAL MARIJUANA MAXIMUM;
INFUSED PRODUCTS SEE§ 11-
MANUFACTURERS 305(E}
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Retail marijuana cultivation 5 ,000 PS p
facility ASSOCIATED COMBINED
WITH RETAIL TOTAL
MARIJUANA CENTERS SQUARE
FEET
MAXIMUM;
SEE§ 11-
416 (F )
RETAIL MARIJUANA 5 ,000 p
CULTIVATION FACILITY COMBINED
ASSOCIATED WITH TOTAL
RET AIL MARIJUANA SQUARE
PRODUCT FEET
MANUFACTURERS MAXIMUM,
SEE § 11 -
416(F)
Reta il marijuana stores SUPS NOT PS p
TRANSFERAB
LE WITHOUT
CITY
APPROVAL
SEE § 26-
114.G 2.
Section 10. Subsection 26-114 .G. of the Code , concerning the term of special
uses, is hereby amended as follows :
G. Term .
1. A special use permit is valid so long as the conditions of approval are
maintained by the applicant , unless a specific time limit for the use or
development is set forth as part of the permit approval by the
community development director or city council. EXCEPT AS
OTHERWISE PROVIDED HEREIN , If an approved special use ceases
operation for any reason for a period of one (1) year , the special use
permit shall be deemed expired , unless otherwise provided in the
permit itself. IF AN APPROVED SPECIAL USE FOR A MEDICAL
MARIJUANA CENTER , RETAIL MARIJUANA STORE OR
COLOCATED CENTER AND STORE CEASES OPERATION FOR
ANY REASON FOR A PERIOD OF SIX (6) MONTHS, THE SPECIAL
USE PERMIT SHALL BE DEEMED EXPIRED, UNLESS OTHERWISE
PROVIDED IN THE PERMIT ITSELF .
2. If the conditions of a special use permit become the responsibility of a
person or entity other than the applicant, the community development
department shall be notified in writing , identifying the new person or
entity responsible for maintaining the conditions of the permit. Until
such notice is received , the applicant shall remain responsible for
maintaining those conditions . The notice shall be attached to the
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permit on file with the community development department. A
SPECIAL USE PERMIT FOR A MEDICAL MARIJUANA CENTER , A
RETAIL MARIJUANA STORE OR A COLOCATED CENTER AND
STORE MAY BE TRANSFERRED TO A PERSON OR ENTITY
OTHER THAN THE ORIGINAL APPLICANT ONLY UPON THE
REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT
DIRECTOR IT SHALL BE THE BURDEN OF THE PROPOSED NEW
PERMIT HOLDER TO DEMONSTRATE THAT ITS CONTINUATION
OF THE SPECIAL USE SHALL MEET THE SPECIAL USE REVIEW
CRITERIA SET FORTH IN SECTION 26-114.D .
Section 11. Section 26-708 of the Code, concerning miscellaneous sign code
provisions , is hereby amended by the addition of a new subsection H, to read in its
entirety as follows :
H . Signs for marijuana-related businesses . No permanent or
temporary sign associated with a marijuana-related business
licensed pursuant to Articles XII and/or XIII of Chapter 11 may be
installed or located until reviewed and approved by the City . See ,
Sections 11-296 , 11-306 , 11-406 and 11-417
Section 12. Subsection 5-78(b) of the Code , concerning local amendments to
the 2012 International Mechan ical Code, is hereby amended by amending the following
amendment set forth thereunder, as follows :
502 .20 Marijuana related occupancies . Add the following section:
502.20 Marijuana related occupancies. Occupancies involved
in the sale , transfer , packaging , processing , cultivation ,
production , extraction or destruction of plants and their parts ,
devices designed for the use of marijuana and marijuana
products , products containing marijuana and hash oil , hash oil
or other marijuana related operations and activities shall provide
an approved source capture system capable of removing
particulate and odors as required to achieve levels that do not
constitute as nuisance to adjacent occupants , structures and
properties . For the purpose of application of requirements of this
code , occupancies involved in the water-based AND
NONCOMBUSTIBLE SOLVENT-BASED extraction of hash oil
shall be considered to be hazardous occupancies and shall be
subject to the requirements for such occupancies as set forth in
this code . ALL OTHER Occupancies involved in the sowent
based extraction of hash oil are not permitted .
Section 13. Subsection 26-120.C , Paragraph 6 of the Code is amended as
follows :
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6. EXCEPT AS OTHERWISE PROVIDED HEREIN, Wwhenever
any nonconforming use of a structure, or land, or a structure
and land in combination is discontinued for twelve (12)
consecutive months the structure, or structure and premises in
combination shall not thereafter be devoted to a use not
permitted in the district in which is located. NONCONFORMING
MEDICAL MARIJUANA ESTABLISHMENT USES AND RETAIL
MARIJUANA ESTABLISHMENT USES MAY NOT RESUME IN
THE SAME LOCATION AFTER SUCH NONCONFORMING
USE HAS BEEN DISCONTINUED FOR A PERIOD OF SIX (6)
CONSECUTIVE MONTHS . Nonconforming residentia l
st ruct ures and uses are exempt from the provisions of this
subparagraph . Rezoning or special use permit applications for
properties which are nonconforming uses at the time of
application , and where these applications are intended to bring
the nonconforming use into use conformance , shall not be
charged application fees or be required to reimburse the city for
direct expenses related to the application review process .
Section 14. Severability , Conflicting Ordinances Re pea led . If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections , su bsections and clauses shall
not be affected thereby . All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 15. Morator ium Repealed The temporary moratorium on certain City
approvals necessary to establish and operate marijuana establishments in the City,
originally imposed by Ordinance No . 1554 on August 18 , 2014 , and as extended by
Ordinance No. 1560 on October 27 , 2014 , is hereby repealed .
Section 16. E ffe ctive Date. This Ordinance shall take effect upon adoption and
signature of the Mayor, as provided by Section 5.11 of the Charter .
INTRODUCED, READ , AND ADOPTE D on first reading by a vote of 8 to 0 on
this 12th day of January, 2015 , 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 January 26 , 2015 , at 7:00 p.m ., in the Council Chambers , 7500 West
29th Avenue, W heat Ridge , Colorado.
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 26th day of January, 2015 .
SIGNED by the Mayor on this 26th day of January, 2015 .
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First Pu ~~ 0 uary 15 , 2015
Second Pub tea ton : January 29 , 2015
Wheat Ridge Transcript
Effective Date: January 26 , 2015
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