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