HomeMy WebLinkAbout2013-09 Extending Temporary Ban on Marijuana Establishments Pursuant to the Newly Enacted Section 16 of Article XVIII of the CO Constitution (Amendment 64)ORDINANCE NO. 9
SERIES 2013
AN ORDINANCE EXTENDING THE 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, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town "), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified;
WHEREAS, Colorado voters recently passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new section regarding the
personal use and regulation of marijuana;
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 ";
WHEREAS, it is the desire of the 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 Council as to whether such
uses should be permitted at any location in the Town;
WHEREAS, though the Colorado Legislature has adopted a statutory framework
to implement Amendment 64, the State of Colorado has not yet adopted regulations
pursuant to the recently adopted statutes;
WHEREAS, previously, the Town Council had adopted a temporary ban until
August 6, 2013;
WHEREAS, Town staff needs additional time to gather information, to review the
state statutes and forthcoming regulations, and to study the impacts of marijuana
establishments and the zone districts in which they should be permitted, if at all; and
WHEREAS, during such time, the Council finds and determines that it is the best
interest of the public health, safety and welfare for the Town to extend the temporary
ban on the location or operation of marijuana establishments in the Town until January
21, 2014.
Ordinance No. 9, Series of 2013
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.
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 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 or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
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.
Ordinance No. 9, Series of 2013
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 January 21, 2014 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 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 2nd day of July, 2013 and a
public hearing for second reading of this Ordinance set fo he 16th day of July, 2013, in
the Council Chambers of the Vail Municipal Building,,YMI, Colorado.
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READ AND APPROVED
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Ordinance No. 9, Series of 2013
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READING - D ORDERED PUBLISHED
Andrew P. Daly, M