HomeMy WebLinkAboutOrdinance 1533CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 06
Ordinance No. 1533
Series 2013
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY MARIJUANA
ESTABLISHMENT OR MARIJUANA CLUB AND DECLARING AN
EMERGENCY
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 production and 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 regulations for such establishments prior
to July 1. 2013; and
WHEREAS , if the Colorado Department of Revenue fails 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 and 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 reasonable and will allow the City to develop appropriate policies and, if
needed , regulations concerning the same.
THE COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ORDAINS :
Section 1. Findings. The foregoing findings are incorporated herein by
reference .
Section 2. Temporarv Moratorium. A moratorium is hereby 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 imposed by this ordinance shall
commence as of the date of adoption of this ordinance , and shall expire ninety (90)
days thereafter as permitted by Charter Section 5.15 , unless sooner extended or
repealed .
Section 4. Staff to Investigate and Prepare Proposed Regulations . 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
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shall be submitted to the City Council for consideration . The City Council declares that
it will give due and timely consideration to those recommendations .
Emergency Declared; Effective Date . Pursuant to Section 5 .13 of the Wheat
Ridge Home Rule Charter , the City Council hereby finds, determ1nes and declares that
an emergency exists and that this ordinance is necessary for the immediate
preservation of public property, health, welfare , peace or safety for the following
reasons : to prevent the establishment of marijuana establishments or marijuana clubs
before the City has had a reasonable opportunity to review and analyze potential new
City regulations for the same. Failure to immediately impose this moratorium may allow
for the establishment of such establishments or clubs in a manner that would be
inconsistent with the City's zoning co de , and which would negatively impact the City and
the health , safety and welfare of its citizens. This ordinance shall be effective
imme diately upon its adoption .
INTRODUCED, READ , AND ADOPTED and ordered published by a vote of .s_
to _q_ on this 11th day of March , 2013 .
ATTEST:
Approved on single reading as an emergency ordinance pursuant to Section 5.13 of the
Charter on March 11. 2013
Published in full on Marcb 14. 2013
Wheat R1dge Transcript
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