HomeMy WebLinkAbout2015-10PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 10 Series
of 2015, on the Town of Vail's web site, www.vailqov.com, on the 22"d day of
July, 2015.
Witness my hand and seal this��"'day of I , , 2015.
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Deputy l (seal)
ORDINANCE NO. 10
SERIES 2015
AN ORDINANCE PROHIBITING MARIJUANA ESTABLISHMENTS IN
THE TOWN, PURSUANT TO SECTION 16 OF ARTICLE XVIII OF THE
COLORADO CONSTITUTION
WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the
Town may "prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through
the enactment of an ordinance"; and
WHEREAS, the Town Council finds and determines that it is the best interest of
the public health, safety and welfare for the Town to prohibit the location or operation of
marijuana establishments in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. It is unlawful for any person to operate, cause to be operated, or
permit to be operated in the Town a marijuana establishment, and marijuana
establishments are hereby prohibited at any location in the Town. The Town shall not
accept or process any applications for the operation of marijuana establishments in the
Town. The operation of a marijuana establishment shall not be eligible for a
determination of similar use pursuant to § 12-3-4 of the Vail Town Code, as amended,
or any similar section of the Vail Town Code.
Section 2. For purposes of this ordinance, the following terms shall have the
following meanings:
a. "Marijuana" means all parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate,
but excluding industrial hemp, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
b. "Marijuana club" means a place not used for residential purposes
where individuals gather to consume or grow marijuana, regardless of whether
such place calls itself private or public or charges an admission or membership
fee.
C. "Marijuana cultivation facility" means a facility licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
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Ordinance No. 10, Series of 2015
d. "Marijuana establishment" means and includes a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, a retail marijuana store and a marijuana club.
e. "Marijuana product manufacturing facility" means a facility licensed
to purchase marijuana; manufacture, prepare and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
f. "Marijuana testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
g. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
marijuana products to consumers.
Section 3. The Town Council intends to review this ordinance and the
prohibition contained herein every three years, provided that the Town Council's failure
to conduct such review shall not affect the validity or effectiveness of the prohibition or
this ordinance.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21s' day of July, 2015 and a
public hearing for second reading of this Ordinance set for the 41" day of August, 2015,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
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Ordinance No. 10, Series of 2015
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2015.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
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Ordinance No. 10, Series of 2015