HomeMy WebLinkAbout2010- 02 Temporary Moratorium Medical Marijuana Business Licenses ORDINANCE NO. 2
Series of 2010
AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM OF
ONE HUNDRED EIGHTY (180) DAYS IN DURATION ON THE PROCESSING AND
APPROVAL OF ANY APPLICATION FOR A PERMIT OR LICENSE RELATED TO
THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA
PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, § 14 OF THE
COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF
THE TOWN'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; AND
SETTING DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a
home rule Town duly existing under the Constitution and laws of the State of Colorado and its home
rule charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified; and
WHEREAS, in the November 2000 general election, the voters of the State of Colorado
adopted Amendment 20 to the Colorado Constitution (Article XVIII, § 14), which authorizes and limits
the sale of medical marijuana for use in the treatment of certain debilitating medical conditions; and
WHEREAS, the Council is aware that staff has received inquiries from persons who are
interested in opening and operating businesses and cooperatives that would offer medical marijuana
for sale or distribution, including the cultivation of marijuana ( "Medical Marijuana Dispensaries "); and
WHEREAS, the Town has no current land use or business regulations permitting the
operation of Medical Marijuana Dispensaries, and in fact, the Town's current regulations prohibit the
operation of Medical Marijuana Dispensaries in the Town; and
WHEREAS, the Council is aware of potential state legislation that will be considered by the
Colorado Legislature during its 2010 legislative session, and any such legislation may impact the
Town's regulatory authority over Medical Marijuana Dispensaries; and
WHEREAS, the Council is aware of potential federal legislation (H.R. 2835) removing
marijuana from the substances banned by the federal Controlled Substances Act in certain
circumstances and amending the Federal Food, Drug and Cosmetic Act, and any such legislation
may impact the Town's regulatory authority over Medical Marijuana Dispensaries; and
WHEREAS, the Council is also aware of the pendency of the case of Frasher, et al. v. City of
Centennial, Arapahoe County District Court Case No. 09 CV 1456, regarding the local regulation of
Medical Marijuana Dispensaries within the City of Centennial and which may also have some
bearing on the regulatory authority over Medical Marijuana Dispensaries; and
WHEREAS, the imposition of a moratorium on the processing and approval of applications
for Town permits and licenses relating to the operation of Medical Marijuana Dispensaries will allow
Town staff, the Town Attorney and the Council to investigate the Town's regulatory authority over
Medical Marijuana Dispensaries; and
WHEREAS, one hundred eighty (180) days is a reasonable length of time for the Town to
properly investigate the Town's regulatory authority over Medical Marijuana Dispensaries; and
Ordinance No. 2, Series of 2010
WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an
emergency measure for the preservation of the public property, health, welfare, peace or safety,
upon unanimous vote of all members of the Council present or a vote of five (5) members of the
Council, whichever is less; and
WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by
the imposition of such a temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Section 1 . Findings and Intent The foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Council.
Section 2 . Temporary Moratorium Upon the adoption of this Ordinance, a moratorium
is imposed upon the processing and approval by the Town of applications for permits and licenses
related to Medical Marijuana Dispensaries. Town staff is directed to refuse to process, review or
approve any such applications for Medical Marijuana Dispensaries during the moratorium.
Section 3 . Investigation and Evaluation During the moratorium, Town staff, working
with the Town Attorney, shall investigate and evaluate the regulatory authority of the Town over
Medical Marijuana Dispensaries, including the impact of applicable court rulings and the proposed
state and federal legislation, and determine whether the Town must allow Medical Marijuana
Dispensaries within its boundaries, and if so, what regulations should govern such Medical
Marijuana Dispensaries.
Section 4 . Police Power Finding The Council hereby finds, determines and declares
that this Emergency Ordinance is necessary and proper to provide for the safety, preserve the
health, promote the prosperity, and improve the order, comfort and convenience of the Town and the
inhabitants thereof.
Section 5 . Authority. The Council hereby finds, determines and declares that it has the
power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling
Act, Article 20 of Title 29 C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal
zoning powers); (iii) C.R.S. § 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) C.R.S. §
31 -15 -401 (concerning municipal police powers); (v) C.R.S. § 31 -15 -501 (concerning municipal
power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of
the Colorado Constitution; and (vii) the powers contained in the Town of Vail Home Rule Charter.
Section 6 Emergency Declared: Effective Date: Expiration Pursuant to § 4.11 of the
Charter, the Council finds, determines and declares that passage of this Emergency Ordinance is
necessary for the immediate preservation of public property, health, peace and safety to prevent the
processing and approval of any application for a Town permit or license relating to the operation of a
Medical Marijuana Dispensary until the Town has had a reasonable opportunity to: determine the
extent of the Town's regulatory authority over Medical Marijuana Dispensaries and investigate and
evaluate the impact, if any, that potential state and federal legislation and court rulings have on the
Town. The Council further determines that the adoption of this Ordinance as an emergency
ordinance is in the best interest of the citizens of the Town. The moratorium imposed by this
Ordinance shall commence immediately upon adoption of this Ordinance and shall expire one
hundred eighty (180) days thereafter, unless repealed prior to that date or extended, if necessary, as
determined by the Town Council.
Ordinance No. 2, Series of 2010
Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town 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 8. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated herein.
Section 9. 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 AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED
PUBLISHED ONCE IN FULL this 19 day of January, 2010.
Dick Cleveland, ayor
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Ordinance No. 2, Series of 2010