Chapter 20
MEDICAL MARIJUANA CENTERSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959
3-20-1: DEFINITIONS:
3-20-2: LICENSE REQUIRED:
3-20-3: APPLICATION FOR LICENSE:
3-20-4: INVESTIGATION OF APPLICATION:
3-20-5: STANDARDS FOR ISSUANCE OF LICENSE:
3-20-6: DENIAL OF LICENSE:
3-20-7: AUTHORITY TO IMPOSE CONDITIONS ON LICENSE:
3-20-8: DECISION BY LICENSING AUTHORITY:
3-20-9: CONTENTS OF LICENSE:
3-20-10: LICENSE NOT TRANSFERABLE; EXCEPTIONS:
3-20-11: NOTICE OF ISSUANCE OF LICENSE:
3-20-12: DURATION OF LICENSE; RENEWAL:
3-20-13: DUTIES OF LICENSEE:
3-20-14: POSTING OF LICENSE:
3-20-15: SUSPENSION OR REVOCATION OF LICENSE:
3-20-16: LIMITATION ON DELIVERY:
3-20-17: PROHIBITED LOCATIONS; PERMANENT LOCATION REQUIRED:
3-20-18: HOURS OF OPERATION:
3-20-19: SIGNAGE:
3-20-20: ON SITE CONSUMPTION:
3-20-21: ON SITE CULTIVATION:
3-20-22: PARAPHERNALIA:
3-20-23: AGE RESTRICTIONS:
3-20-24: LEDGER REQUIRED:
3-20-25: PACKAGING AND LIMITATIONS ON QUANTITY DISPENSED:
3-20-26: SECURITY REQUIREMENTS:
3-20-27: OPERATING PLANS:
3-20-28: SALES TAX LICENSE REQUIRED:
3-20-29: TAXES:
3-20-30: NO WAIVER OF GOVERNMENTAL IMMUNITY:
3-20-31: NO CITY LIABILITY:
3-20-32: INDEMNIFICATION OF CITY:
3-20-33: OTHER LAWS REMAIN APPLICABLE:
3-20-34: PROHIBITED FACILITIES:
3-20-35: LIMITATION ON NUMBER AND SIZE:

3-20-1: DEFINITIONS:linklink


(A) As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:

AMENDMENT 20: A voter initiated amendment to the Colorado constitution adopted November 7, 2000, codified as section 14 of article 18 to the Colorado constitution.

APPLICANT: A corporation, person or person(s) over eighteen (18) years of age who has submitted an application for a license pursuant to this chapter.

APPLICATION: An application for license submitted pursuant to this chapter.

CITY: The city of Littleton, Colorado.

CULTIVATION: The process by which a person promotes the germination and/or growth of a seed to a mature marijuana plant. Cultivation does not include the storing or watering of mature marijuana plants without the aid of grow lighting.

DAY: A calendar day, unless otherwise noted.

GOOD CAUSE: For the purpose of denying a license or renewal under this chapter:

1. The licensee has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of this chapter and any rule and regulation promulgated pursuant to this chapter or any state law or regulation or federal law except any federal law that conflicts with amendment 20;

2. The licensee has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or

3. The licensee's medical marijuana center has been operated in a manner that adversely affects the public health, welfare or safety of the city. Evidence to support such a finding can include, but is not limited to:

(a) A continuing pattern of offenses against the public peace, as defined in title 6, chapter 4 of this code;

(b) A continuing pattern of drug related criminal conduct within the premises of the medical marijuana center;

(c) A continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana center;

(d) A felony associated with the center, one or more of its owner(s) or manager;

(e) Failure to provide correct information for each person required in subsection 3-20-3(A) of this chapter;

(f) Failure to pay sales taxes in full by the deadlines specified by this code.

LICENSE: A license to operate a medical marijuana center issued by the city pursuant to this chapter.

LICENSEE: The person to whom a license has been issued pursuant to this chapter.

LICENSING AUTHORITY OR AUTHORITY: The city council appointed board as defined in title 2, chapter 10 of this code.

MARIJUANA: Shall have the same definition as "cannabis" as set forth in section 6-4-1 of this code.

MEDICAL MARIJUANA: Marijuana that is grown and sold pursuant to this chapter and the provisions of Colorado state law.

MEDICAL MARIJUANA CENTER OR CENTER: A person licensed pursuant to this chapter to operate a business as described in Colorado Revised Statutes section 12-43.3-402 that sells medical marijuana to registered patients or primary caregivers as defined in section 14 of article XVIII of the state constitution, but is not a primary caregiver.

MEDICAL MARIJUANA INFUSED PRODUCT: A product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures.

OPTIONAL PREMISES: The use of any property where the primary use is to grow or cultivate marijuana for a purpose authorized by section 14 of article XVIII of the state constitution. For the purposes of this section any use of a structure where more than twenty percent (20%) of the floor space or any outdoor grow is used to grow or cultivate marijuana shall constitute an optional premises.

PATIENT: Has the meaning provided in amendment 20 and any other related regulations promulgated by the state of Colorado.

PRIMARY CAREGIVER: Has the meaning provided in amendment 20 and any other related regulations promulgated by the state of Colorado.


(B) In addition to the definitions provided in subsection (A) of this section, the other defined terms in amendment 20 are incorporated into this chapter by reference. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130752
3-20-2: LICENSE REQUIRED:linklink

No person shall operate a medical marijuana center within the city without a valid license issued in accordance with this chapter. Except as provided in subsection (A) of this section, it shall be unlawful to distribute, transmit, give, dispense or otherwise provide medical marijuana without a medical marijuana center license.


(A) A primary caregiver may dispense medical marijuana in accordance with applicable state and local law. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130753
3-20-3: APPLICATION FOR LICENSE:linklink


(A) A person seeking to obtain a license pursuant to this chapter shall file an application with the city clerk. The form of the application shall be provided by the city clerk. In the case where there is more than one applicant or the applicant is a business entity, the applicant shall provide the name(s) of each natural person who owns five percent (5%) or more of the ownership interest in the entity.


(B) A license pursuant to this chapter does not eliminate the need for the licensee to obtain other required city licenses and permits related to the operation of the approved medical marijuana center, including, without limitation:

1. Any required land use approval, if applicable.

2. A city sales tax license.

3. A building permit, mechanical permit, plumbing permit, electrical or fire permit.


(C) An application for a license under this chapter shall contain the following information:

1. The applicant's name, address, telephone number and social security number;

2. The street address, and unit number, if applicable, of the proposed medical marijuana center, and a complete description of the site drawn to scale for which the license is being obtained;

3. If the applicant is not the owner of the proposed location of the medical marijuana center, a notarized statement from the owner of such property authorizing the submission of the application;

4. A completed set of the applicant's fingerprints;

5. A statement to be initialed by the applicant that the city accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana center;

6. An acknowledgment that the city will conduct a background investigation as specified in this chapter;

7. Name and address of any manager of the medical marijuana center, if the manager is proposed to be someone other than the applicant;

8. A certified fingerprint based FBI identification record; and

9. Any additional information that the city manager or designee reasonably determines to be necessary in connection with the investigation and review of the application.


(D) Applications shall be processed by the city in order of receipt of a completed application.


(E) Applications shall only be accepted where the approval of the application would not be in conflict with section 3-20-35 or 3-20-17 of this chapter.


(F) Any application for a medical marijuana center shall be accompanied by the application fee.


(G) Applications may be amended to change corporate structure, registered manager, change of operation plan or modification of premises by submitting an amendment on a form approved by the city clerk. Such change would be subject to payment of any fee set by council and compliance with other terms of this chapter and chapter 2 of this title. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130754
3-20-4: INVESTIGATION OF APPLICATION:linklink


(A) Upon receipt of a properly completed application, together with all information required in connection therewith, and the payment of the application fee, the city clerk shall transmit copies of the application to:

1. The police department;

2. The department of planning and development; and

3. Any other person or agency which the city manager determines should properly investigate and comment upon the application.


(B) Upon the receipt of a completed application, the police department shall review a fingerprint based criminal background.


(C) Within sixty (60) days of receipt of a completed application, those city departments and other referral agencies described in subsection (A) of this section shall provide the city clerk with comments concerning the application. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130755
3-20-5: STANDARDS FOR ISSUANCE OF LICENSE:linklink

The licensing authority shall issue a license under this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, the authority determines, by a preponderance of the evidence, that:


(A) The application is complete and signed by the applicant.


(B) The applicant has paid the application fee and any other fees required.


(C) The application does not contain a material falsehood or misrepresentation.


(D) The application complies with all of the requirements of this chapter.


(E) The applicant, any person with an ownership interest of five percent (5%) or greater or any manager have not previously been convicted of a felony violation.


(F) The proposed location of the medical marijuana center is permitted. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130756
3-20-6: DENIAL OF LICENSE:linklink


(A) The licensing authority shall deny an application for a license under this chapter, if the authority determines that the applicant has failed to meet its burden, because:

1. Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or

2. The application fails to meet any of the standards set forth in this chapter, including a finding of good cause.


(B) If an application is denied, the application fee shall not be refunded. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130757
3-20-7: AUTHORITY TO IMPOSE CONDITIONS ON LICENSE:linklink

The licensing authority shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130758
3-20-8: DECISION BY LICENSING AUTHORITY:linklink


(A) The licensing authority shall approve, deny or conditionally approve an application within ninety (90) days of receipt by the city clerk of the completed application, unless the city or applicant is granted an extension by the authority. Any failure to act on the application within ninety (90) days shall result in the conditional approval of the license pending compliance with the terms of this chapter.


(B) If an application is denied, the licensing authority shall set forth in writing the grounds for denial.


(C) If an application is conditionally approved, the licensing authority shall set forth in writing the conditions of the approval.


(D) Upon the approval or conditional approval of a license, the licensee shall have five (5) days to remit the full annual license fee to the city clerk. Such fee must be paid prior to the issuance of the license. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130759
3-20-9: CONTENTS OF LICENSE:linklink


(A) A license shall contain the following information:

1. The name of the licensee;

2. The date of the issuance of the license;

3. The address at which the licensee is authorized to operate the medical marijuana center;

4. Any special conditions of approval imposed upon the license; and

5. The date of the expiration of the license.


(B) A license must be signed by both the applicant and the chair of the licensing authority to be valid. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130760
3-20-10: LICENSE NOT TRANSFERABLE; EXCEPTIONS:linklink

A license is nontransferable and nonassignable. Any attempt to transfer or assign a license voids the license. Notwithstanding the foregoing, a transfer of a license shall be permitted in the following circumstance:


(A) The transferee applies for and receives approval for a new license, conditioned upon relinquishment of the transferor's license; and


(B) The license transfer location is permitted under section 3-20-17 of this chapter, without the exception provided for in section 3-20-35 of this chapter. (Ord. 24, Series of 2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130761
3-20-11: NOTICE OF ISSUANCE OF LICENSE:linklink

Upon the issuance of a license, the city clerk shall send a copy of the license to the city council and any department designated by the city manager. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130762
3-20-12: DURATION OF LICENSE; RENEWAL:linklink


(A) Each license issued pursuant to this chapter shall be valid for one year from the date of issuance, and may be renewed as provided in this chapter and chapter 2 of this title.


(B) An application for the renewal of an existing license shall be made to the city clerk not less than ninety (90) days prior to the date of expiration. No application for renewal shall be accepted by the city clerk after the date of expiration.


(C) The applicant shall, at the time of an application to renew a license, not be delinquent on any applicable city fees or taxes.


(D) At the time of the filing of an application for the renewal of an existing license, the applicant shall pay an annual license fee in an amount fixed by resolution by the city council.


(E) The licensing authority may refuse to renew a license for good cause. For purposes of this section the burden shall be upon the city by a preponderance of the evidence to show good cause exists to deny the renewal application. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130763
3-20-13: DUTIES OF LICENSEE:linklink

It is the duty and obligation of each licensee to do the following:


(A) Comply with all the terms and conditions of the license, and any special conditions on the license; and


(B) Comply with all of the requirements of this chapter; and


(C) Comply with all other applicable city ordinances; and


(D) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana; and


(E) Comply with all applicable federal laws, rules or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of marijuana that conflicts with amendment 20; and


(F) Take all reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours, if related to the patrons of the center; and


(G) Permit inspection of its records and operation, except for information required to be private pursuant to amendment 20, by the city manager or designee for the purpose of determining the licensee's compliance with the terms and conditions of the license; and


(H) Ensure the center may have on site only an amount of marijuana not in excess of the amount authorized by amendment 20 and any other state law or administrative regulation; and


(I) Ensure that any disposal of medical marijuana or medical marijuana infused products is done in accordance with applicable state and local laws. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130764
3-20-14: POSTING OF LICENSE:linklink

A license shall be posted continuously in a conspicuous public location at the medical marijuana center. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130765
3-20-15: SUSPENSION OR REVOCATION OF LICENSE:linklink


(A) A license issued pursuant to this chapter may be suspended or revoked by the licensing authority for any of the following reasons:

1. Fraud, misrepresentation, or a false statement of material fact contained in the license application;

2. A violation of any city, state or federal law or regulation, other than federal law or regulation concerning the production, transportation, possession, sale or distribution of marijuana that conflicts with amendment 20;

3. A violation of any of the terms and conditions of the license, including any special conditions of approval imposed upon the license;

4. A violation of any of the provisions of this chapter;

5. Cessations of operations at the medical marijuana center for more than thirty (30) days;

6. For any reason set forth in chapter 2 of this title.


(B) The city clerk shall notify the licensee of the issuance of a show cause order to suspend or revoke the license. Notice shall be given by mailing a copy of the order to the licensee by regular mail, postage prepaid, at the address shown in the license. Notice is deemed to have been properly given upon mailing.


(C) A hearing shall then be scheduled before the licensing authority within forty five (45) days of the notice of the show cause order. Such hearing may be continued for good cause.

1. The burden of proof at the hearing shall be on the city.

2. If the authority finds by a preponderance of the evidence that the allegations in the show cause order are sustained, the authority shall issue such order in writing to the licensee within ten (10) days.

3. Upon a finding sustaining the show cause, the authority shall have the power to revoke, suspend and/or place additional reasonable conditions on the license. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130766
3-20-16: LIMITATION ON DELIVERY:linklink


(A) Each medical marijuana center shall be operated from a permanent location. No medical marijuana center shall be permitted to deliver or operate from a movable, mobile or transitory location. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130767
3-20-17: PROHIBITED LOCATIONS; PERMANENT LOCATION REQUIRED:linklink

Prior to the issuance of a license for a medical marijuana center, the licensing authority shall determine whether the proposed location of the medical marijuana center complies with the requirements of this section. Failure to comply with the requirements of this section shall preclude issuance of a license.


(A) No medical marijuana center shall be located at the following locations:

1. Within five hundred feet (500') of a licensed childcare facility;

2. Within one thousand feet (1,000') of any educational institution or school, college or university, either public or private;

3. Within one thousand feet (1,000') of any public park, public pool or public or private recreational facility;

4. Within one thousand feet (1,000') of any halfway house or correctional facility;

5. Within one thousand feet (1,000') of any other medical marijuana center;

6. Within any building or structure that contains a residential unit.


(B) The distances described in subsection (A) of this section shall be computed by direct measurement from the nearest property line of the land used for the above purposes to the nearest portion of the building housing the medical marijuana center, using a straight line.


(C) The suitability of a location for a medical marijuana center shall be determined at the time of the issuance of the first license for such center. The fact that changes in the neighborhood occur after the issuance of the first license might render the site unsuitable for a medical marijuana center under this section shall not be grounds to suspend, revoke or refuse to renew the license for such center so long as the license for the center remains in effect.


(D) It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130768
3-20-18: HOURS OF OPERATION:linklink

A medical marijuana center may open no earlier than nine o'clock (9:00) A.M. and shall close no later than seven o'clock (7:00) P.M. the same day. A medical marijuana center may be open seven (7) days a week. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130769
3-20-19: SIGNAGE:linklink

All signage for a medical marijuana center shall comply with the requirements of this code. (Ord. 7, Series of 2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130770
3-20-20: ON SITE CONSUMPTION:linklink

The consumption, inhalation or other use of marijuana on or within the premises of a medical marijuana center is prohibited. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130771
3-20-21: ON SITE CULTIVATION:linklink

The growing, cultivation or processing of marijuana on the premises of a medical marijuana center is limited to twenty percent (20%) of the floor space. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130772
3-20-22: PARAPHERNALIA:linklink

Paraphernalia as defined in section 6-4-1 of this code may lawfully be sold at a medical marijuana center. Such items may not be publicly displayed and may be sold, displayed and provided only to patients or primary caregivers of patients who have designated the licensee as the primary caregiver. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130773
3-20-23: AGE RESTRICTIONS:linklink

No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana center. The entrance to a center shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130774
3-20-24: LEDGER REQUIRED:linklink

A licensee shall keep a ledger, for three (3) years from the creation of the record, which shall record the following information, and which shall be made available to the city upon demand:


(A) The quantities of medical marijuana dispensed in each transaction;


(B) The type of medical marijuana dispensed;


(C) The total amount paid by the patient or primary caregiver for the transaction for each of the goods and services provided, before relevant taxes;


(D) The patient identifying information permitted by law;


(E) Confirmation that the employee confirmed the identity of the patient or primary caregiver receiving the medical marijuana with a valid state issued identification;


(F) The date and time dispensed. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130775
3-20-25: PACKAGING AND LIMITATIONS ON QUANTITY DISPENSED:linklink

A medical marijuana center may not dispense more than two (2) ounces of a usable form of medical marijuana and six (6) marijuana plants, three (3) or fewer of which may be mature flowering plants per patient, per day. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130776
3-20-26: SECURITY REQUIREMENTS:linklink

A licensee shall provide adequate security on the premises of a medical marijuana center including, but not limited to, the following:


(A) Surveillance: Security surveillance cameras installed to monitor each entrance to the center along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days by the licensee, and be made available to law enforcement officers upon demand.


(B) Inventory: All salable inventory of marijuana must be kept and stored in a secured, locked manner.


(C) Safe: A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.


(D) Lighting: Exterior lighting that illuminates the exterior walls of the business.


(E) Alarm System: Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the center at all times.


(F) Emergency Contact: A licensee shall provide the chief of police with the name, cellphone number, and facsimile number of an on site community relations staff person to whom the city may provide notice of any operating problems associated with the center.


(G) Access: Only a qualified patient or primary caregiver shall be permitted in the designated dispensing area along with center personnel. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130777
3-20-27: OPERATING PLANS:linklink

In connection with the license application, the applicant shall provide a detailed operations plan and, upon issuance of a license, shall operate the center in accordance with the plan. Such plan shall include:


(A) Floor Plan: A plan showing the layout of the center and the principal uses of the floor area depicted. A center shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing medical cannabis to qualified patients or designated primary caregivers. The primary entrance of any stand alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.


(B) Storage: A center shall provide a storage plan in compliance with subsection 3-20-26(B) of this chapter.


(C) Security Plans: A center shall provide a security plan in compliance with section 3-20-26 of this chapter.


(D) Lighting Plan: A center shall provide a lighting plan in accordance with this code. Such plan shall also include any illumination for the purposes of cultivation and any mitigation controls to lessen adverse impacts to the surrounding properties.


(E) Odor Controls: A center shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from the center. Such plan shall describe the ventilation system for the premises.


(F) Product And Service Description: A description of the products and services to be provided by the center. (Ord. 15, Series of 2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130778
3-20-28: SALES TAX LICENSE REQUIRED:linklink

At all times while a license is in effect the licensee shall possess a valid sales tax license issued under this code. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130779
3-20-29: TAXES:linklink

Each licensee shall pay sales tax on all medical marijuana, paraphernalia and other tangible personal property sold by the licensee at the medical marijuana center. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130780
3-20-30: NO WAIVER OF GOVERNMENTAL IMMUNITY:linklink

In adopting this chapter the city council is relying on and does not waive or intend to waive any provision of this chapter, the monetary limitations or any other rights, immunities and protections provided by the Colorado governmental immunity act, section 24-10-101 et seq., Colorado Revised Statutes, as from time to time amended, or any other limitation, right, immunity, or protection otherwise available to the city, its officers or its employees. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130781
3-20-31: NO CITY LIABILITY:linklink

By accepting a license issued pursuant to this chapter, a licensee releases the city, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of center owners, operators, employees, clients or customers for a violation of city, state or federal laws, rules or regulations. The city manager may require a licensee to execute a written instrument confirming the provisions of this chapter. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130782
3-20-32: INDEMNIFICATION OF CITY:linklink

By accepting a license issued pursuant to this chapter a licensee, jointly and severally, if more than one, agrees to indemnify and defend the city, its officers, elected officials, employees, attorneys, agents, insurers, and self-insurance pool against all liability, claims and demands, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of the medical marijuana center that is the subject of the license. The licensee further agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The city manager may require a licensee to execute a written instrument confirming the provisions of this chapter. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130783
3-20-33: OTHER LAWS REMAIN APPLICABLE:linklink

The provisions of this chapter do not protect licensees, operators, employees, customers and clients of a permitted medical marijuana center from prosecution pursuant to any laws that may prohibit cultivation, sales, use or possession of controlled substances. In addition, as of the date of the adoption of this chapter the cultivation, sale, possession, distribution and use of marijuana remain violations of federal and state law (except for conduct covered by amendment 20), and this chapter affords no protection against prosecution under such federal and state laws. Licensees, operators, employees, customers and clients of a permitted medical marijuana center assume any and all risk and any and all liability arising or resulting from the operation of the center under any city, state or federal law. Further, to the greatest extent permitted by law, any actions taken under the provisions of this chapter by any public officer or officers, elected or appointed officials, employees, attorneys and agents of the city shall not become a personal liability of such person of the city. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130784
3-20-34: PROHIBITED FACILITIES1:linklink

Optional premises cultivation operations, outdoor cultivation and medical marijuana infused products manufacturing are prohibited uses in any zone district in the city. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130785
3-20-35: LIMITATION ON NUMBER AND SIZE:linklink

There shall be no more than four (4) centers licensed in the city. Centers shall be limited to a floor plan of two thousand (2,000) square feet.

Any licensee previously licensed as a medical marijuana dispensary shall be exempt from the distance limitations in subsection 3-20-17(A) of this chapter. Medical marijuana dispensary licenses issued prior to June 30, 2010, shall be reissued as medical marijuana center licenses upon a finding by the licensing authority of compliance with all the requirements of this section. Such finding of approval or denial shall be made within sixty (60) days of the effective date hereof. (Ord. 15, Series of 2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=62959#s1130786


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: CRS 12-43.3-106.