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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 AT,TVPT: or' Iej Donald o , Town Clerk . Sl 00 0 gy Ordinance No. 2, Series of 2010