HomeMy WebLinkAbout2010-16 Prohibiting Medical Marijuana Centers, Infused Product Manufatures and Optional Cultivation Operations t
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RESOLUTION NO. 16
Series of 2010
A RESOLUTION PROHIBITING MEDICAL MARIJUANA CENTERS, INFUSED t
PRODUCT MANUFACTURES AND OPTIONAL CULTIVATION OPERATIONS; AND SETTING i
FORTH DETAILS IN REGARD THERETO.
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WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been t
duly elected and qualified; and l
WHEREAS, the Council previously adopted Ordinance No. 02, Series of 2010, imposing
a moratorium on the processing and approval of all applications for permits and licenses by the t
Town related to what were referred to as "Medical Marijuana Dispensaries" to allow Town staff,
working with the Town Attorney, to investigate and evaluate the regulatory authority of the Town
concerning such dispensaries within the Town; and
WHEREAS, during the pendency of the Moratorium Ordinance, the Colorado Legislature
adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado '
Revised Statutes, to be known as the Colorado Medical Marijuana Code; and
WHEREAS, the Colorado Medical Marijuana Code clarifies Colorado law regarding the }
scope and extent of Amendment 20 to the Colorado Constitution, Article XVIII, §14, and at the
same time authorizes a regulatory scheme for the retail sale, distribution, cultivation and
dispensing of medical marijuana known as a "Medical Marijuana Center," and further authorizes
licensing mechanisms known as an "Optional Premises Cultivation Operation" and a "Medical
Marijuana- Infused Products Manufacturers' License'; and
WHEREAS, C.R.S. §12- 43.3 -106 specifically authorizes the governing body of a #
municipality to "vote to prohibit the operation of medical marijuana centers, optional premises
cultivation operations, and medical marijuana- infused products manufacturers' licenses "; and
WHEREAS, C.R.S. §12- 43.3 -310 specifically authorizes a municipality "to prohibit the
operation of medical marijuana centers, optional premises cultivation operations, and medical
marijuana- infused products manufacturers' licenses . . . based on local government zoning,
health, safety, and public welfare laws for the distribution of medical marijuana that are more
restrictive than this article "; and
WHEREAS, C.R.S. §12- 43.3- 308(1)(c) provides that the state and local licensing
authorities shall not receive or act upon a new application pursuant to the Colorado Medical
Marijuana Code "for a location in an area where the cultivation, manufacture, and sale of medical
marijuana as contemplated is not permitted under the applicable zoning laws of the municipality,
city and county, or county'; and
WHEREAS, the Council has carefully considered Article XVIII, §14 of the Colorado
Constitution, the Colorado Medical Marijuana Code, and the secondary effects of medical
marijuana centers, optional premises cultivation operations, and medical infused products
manufacturing on the health, safety and welfare of the Town of Vail and its inhabitants.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Resolution No. 16, Series 2010
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Section 1. It is the intent of this Section to prohibit certain land uses related to medical
marijuana in the Town, and in furtherance of its intent, the Council makes the following findings:
a. The Colorado Medical Marijuana Code, C.R.S. §12- 43.3 -101, et seq.,
clarifies Colorado law regarding the scope and extent of Article XVIII, §14 of the Colorado
Constitution.
b The Colorado Medical Marijuana Code specifically authorizes the
governing body of a municipality to "vote to prohibit the operation of medical marijuana centers,
optional premises cultivation operations, and medical marijuana - infused products manufacturers' i
licenses."
c. The Colorado Medical Marijuana Code specifically authorizes a
municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation
operations, and medical marijuana- infused products manufacturers' licenses ...based on local
government zoning, health, safety, and public welfare laws for the distribution of medical
marijuana."
d. Based on careful consideration of the Colorado Medical Marijuana
Code, Article XVIII, §14 of the Colorado Constitution, and the potential secondary effects of the
cultivation and dispensing of medical marijuana, and the retail sale, distribution, and
manufacturing of medical marijuana- infused products, such land uses have an adverse effect on
the health, safety and welfare of the Town and its inhabitants.
e. As a matter of the Town's local land use and zoning authority, and
consistent with the authorization provided by the Colorado Medical Marijuana Code, no suitable
locations exists within the Town for the operation of medical marijuana centers, medical
marijuana cultivation operations or medical marijuana infused products manufacturing.
Section 2 . The Town's authority to adopt this Section is found in: the Colorado Medical
Marijuana Code, C.R.S. §12- 43.3 -101, et seq.; the Local Government Land Use Control Enabling
Act, C.R.S. §29 -20 -101, et seq.; C.R.S. §31 -23 -101, et seq. (municipal zoning powers); C.R.S.
§31 -15 -103, 31 -15 -401. (municipal police powers); C.R.S. §31 -15 -501 (municipal authority to
regulate businesses); and the Town of Vail Home Rule Charter.
Section 3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 6 day of July, 2010.
Richard Cleveland,
Town Mayor
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L lei Donaldson,
own Clerk ��'�' *••i
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Resolution No. 16, Series 2010