HomeMy WebLinkAbout2013-03 Temporary Ban on Marijuana Establishments in the Town Pursuant to the Newly Enacted Section 16 of Article XVIII of the CO Constitution (Amendment 64)ORDINANCE NO. 3
SERIES 2013
AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY BAN ON
MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE
NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE
COLORADO CONSTITUTION (AMENDMENT 64)
WHEREAS, Colorado voters recently passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding
the personal use and regulation of marijuana;
WHEREAS, pursuant to Article XVIII, § 16(5)(fl 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";
WHEREAS, it is the desire of the Town Council that Town staff study the effects
of such marijuana establishments, considering the Town's existing land use regulations
and master plan, and thereafter provide information to the Town Council as to whether
such uses should be permitted at any location in the Town;
WHEREAS, Town staff needs sufficient time to gather information and study the
effects of marijuana establishments and the zone districts in which they should be
permitted, if at all;
WHEREAS, during such time, the Vail Town Council finds and determines that it
is the best interest of the public health, safety and welfare for the Town to adopt a
temporary ban on the location of marijuana establishments in the Town; and
WHEREAS, the Town Council finds and determines that an emergency exists, to
prevent marijuana establishments from locating in the Town during the time that Town
staff is studying the effects of such establishments and the proper location for such
establishments, if they will be permitted 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.
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
Ordinance No. 3 Series of 2013
preparation of the plant, its seeds, or its resin, including marihuana 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 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.
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 testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
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. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities and marijuana and marijuana
products from marijuana product manufacturing facilities and to sell marijuana
and marijuana products to consumers.
g. "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.
Section 3. This ordinance is intended to be temporary in nature, and as such,
this ordinance shall be in effect from its effective date until August 6, 2013 unless earlier
repealed.
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 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 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
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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.
Section 7. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is
deemed necessary for the protection of the public health, welfare and safety, because
the location of marijuana establishments in the Town prior to the time that Town staff
has had an adequate opportunity to study the effects of such establishments and the
proper location for such establishments, if they wilf be permitted, could cause
irreparable harm to the Town and its residents and visitors.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST AND FINAL READING this 15th day of Ja�ry, 2013.
Andrew P. Daly, M
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' Q�•N.OF.�q��
re ' Donaldson, Town Clerk
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