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HomeMy WebLinkAbout2015-10 Prohibiting Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the CO ConstitutionORDINANCE 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. 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. Ordinance No. 10, Series of 2015 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 21St day of July, 2015 and a public hearing for second reading of this Ordinance set for the 4th day of August, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, K4sfvor Ordinance No. 10, Series of 2015 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4m day of August, 2015. Andrew P. Daly, Mayor ATTE Patty M enn To4u SJEAL Ordinance No. 10, Series of 2015