Chapter 5.12 MARIJUANA LICENSING

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5.12.010 Establishment.

 

The provisions of these regulations have been adopted and established pursuant to an official resolution of the Pueblo County Board of County Commissioners No. 11-139, dated June 21, 2011.  Thereafter these Regulations have been amended and restated in their entirety by official resolutions of the Pueblo County Board of County Commissioners, No. 11-240, dated November 15, 2011, and No. 13-216, dated October 9, 2013. (Res. 11-139, 11-240, 13-216, 14-03, 14-59 and 14-196)

 

5.12.020 Authority and Jurisdiction.

 

The provisions of this Chapter 5.12 of the Pueblo County Code shall be known and may be cited as the Pueblo County Marijuana Licensing Regulations.  The Board of County Commissioners hereby declares that this Chapter shall be deemed an exercise of the police powers of the Board of County Commissioners of the County of Pueblo, Colorado, for the furtherance and protection of the health, safety and welfare of the citizens of unincorporated Pueblo County. This Chapter is further adopted and established pursuant to the specific authority granted to Pueblo County in the provisions of the Colorado Marijuana Code, Article 43.3 of Title 12, C.R.S., Section 16 of Article XVIII of the Colorado Constitution, and the Colorado Retail Marijuana Code, Article 43.4 of Title 12, C.R.S. The jurisdiction in which these regulations shall be applicable consists of the entire area of unincorporated Pueblo County.  These regulations shall govern the cultivation, manufacture, distribution, testing, and sale of medical marijuana, retail marijuana, medical marijuana-infused products, and/or retail marijuana-infused products in unincorporated Pueblo County and shall further govern all persons who attempt to establish and/or who, in fact, establish a business or operation engaged in the cultivation, manufacture, sale, testing or distribution of medical or retail marijuana or medical or retail marijuana-infused products in unincorporated Pueblo County. (Res. 11-139, 11-240 and 13-216)

 

5.12.030 Local Licensing Authority.

 

  1. The Board of County Commissioners shall serve as the licensing authority for medical marijuana and retail marijuana for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing and/or sale of medical marijuana, retail marijuana, medical marijuana-infused products, and/or retail marijuana-infused products in unincorporated Pueblo County and is hereby designated to act as the local licensing authority for the County within the meaning of the Colorado Medical Marijuana Code, Article 43.3 of Title 12, C.R.S., and the Colorado Retail Marijuana Code, Article 43.4 of Title 12, C.R.S.
  2. In addition, Board of County Commissioners shall have the power and authority to suspend, fine, restrict or revoke such licenses upon a violation of this Chapter, or any rules subsequently promulgated pursuant to this Chapter and/or upon a violation of the provisions of Colorado Medical Marijuana Code, Article 43.3 of Title 12, C.R.S., and the Colorado Retail Marijuana Code, Article 43.4 of Title 12, C.R.S.
  3. Nothing in this Chapter shall be construed to limit a law enforcement agency’s ability to investigate unlawful activity in relation to a license issued pursuant to this Chapter. (Res. 11-139, 11-240 and 13-216)

 

Section 5.12.040 Definitions.

Unless otherwise defined herein, the terms in this Chapter shall have the same meaning as set forth in Sections 14 and 16 of Article XVIII of the Colorado Constitution, Article 43.3 and Article 43.4 of Title 12, C.R.S. and any rules promulgated pursuant thereto. The following words and phrases, when used in this Chapter, shall have the meanings respectively assigned to them:

 

  1. “Advertise, advertising or advertisement” means the act of drawing the public’s attention to a Medical or Retail Marijuana Establishment’s premise or name in order to promote the sale of marijuana or marijuana products.
  2. “Colorado Marijuana Code” means both the Colorado Medical Marijuana Code and the Colorado Retail Marijuana Code as defined herein.
  3. “Colorado Medical Marijuana Code” means Section 14 of Article XVIII of the Colorado Constitution and Article 43.3 of Title 12 of the Colorado Revised Statutes, as amended and any rules promulgated pursuant thereto.
  4. “Colorado Retail Marijuana Code” means Section 16 of Article XVIII of the Colorado Constitution and Article 43.4 of Title 12 of the Colorado Revised Statutes, as amended and any rules promulgated pursuant thereto.
  5. “Good Cause”, for purposes of refusing or denying an initial license issuance, or for refusing or denying a license renewal or reinstatement, means:
    1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of this Chapter, of State law, of any regulations and rules promulgated pursuant to State law, or any supplemental local rules and regulations;
    2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State Licensing Authority or of the Board of County Commissioners as the Local Licensing Authority;
    3. The licensed premises have been operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is located.
  6. “License” means to grant a license or registration pursuant to this Chapter.
  7. “Licensed Premises” means the premises specified in an application for a license under this Chapter, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, test, or sell marijuana in accordance with the provisions of this Chapter and in accordance with the provisions of the Colorado Marijuana Code and any rules adopted pursuant thereto.
  8. “Licensee” means a person licensed or registered pursuant to this Chapter.
  9. “Limited Access Areas” means and shall be a building, room or other contiguous area upon the licensed premises where marijuana is grown, cultivated, stored, weighed, displayed, packaged, sold or possessed for sale, under control of the licensee, with limited access to only those persons licensed by both the State Licensing Authority and the local Licensing Authority.
  10. “Local Licensing Authority” means the Board of County Commissioners of the County of Pueblo, Colorado, or its designee.
  11. “Location” means a particular parcel of land that may be identified by an address or other descriptive means.
  12. “Marijuana” means both Medical Marijuana and Retail Marijuana as those terms are defined herein.
  13. “Marijuana Establishment” means both a Medical Marijuana Establishment and a Retail Marijuana Establishment as those terms are defined herein.
  14. “Medical Marijuana” means marijuana that is grown and sold pursuant to the provisions of these regulations, the Colorado Medical Marijuana Code and Section 14 of Article XVIII of the Colorado Constitution.
  15. “Medical Marijuana Center” means a person licensed pursuant to this Chapter and pursuant to C.R.S. § 12-43.3-101, et seq., to operate a business as described in these regulations and as is further described in C.R.S. § 12-43.3-402 that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Constitution of the State of Colorado, but is not a primary caregiver.
  16. “Medical Marijuana Establishment” means a medical marijuana center, medical marijuana-infused products manufacturing operation, optional premise cultivation operation, or a storage warehouse.
  17. “Medical Marijuana-Infused Product” means 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.
  18.  “Medical Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Chapter and to C.R.S. § 12-43.3-101, et seq. to operate a business as described in these regulations and as is also described in C.R.S. § 12-43.3-404.
  19. “Openly and Publicly” for the purpose of consuming marijuana means on public property or a place of business open to the public without restrictions such as a restriction on age or a membership requirement.
  20. “Operating fees” means fees that must be paid by a Retail Marijuana Establishment licensee for the costs of administering and enforcing this Chapter.
  21. “Optional Premises” means the premises specified in an application for a medical marijuana center license with related growing facilities in Pueblo County, Colorado for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution.
  22. “Optional Premises Cultivation Operation” means a person licensed pursuant to this Chapter and the Colorado Medical Marijuana Code as defined therein.
  23. “Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, or officer thereof; except that “Person” does not include any governmental organization.
  24. “Premises” means a distinct and definite location, which may include a building, a part of a building, a room or any other definite contiguous area.
  25. “Retail Marijuana” means marijuana that is grown, tested, manufactured, and/or sold pursuant to the provisions of these regulations, the Colorado Retail Marijuana Code and Section 16 of Article XVIII of the Colorado Constitution.
  26. “Retail Marijuana Cultivation Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  27. “Retail Marijuana Establishment” means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana product manufacturing facility, storage warehouse, or a retail marijuana testing facility as set forth in Section 16 of Article XVIII of the Colorado Constitution and as may be more fully defined in the Colorado Retail Marijuana Code.
  28. “Retail Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  29. “Retail Marijuana Store” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  30. “Retail Marijuana Testing Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  31. “School” means a public or private elementary, middle, junior high or high school.
  32. “State Licensing Authority” means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, testing and sale of marijuana in this State pursuant to the Colorado Marijuana Code.
  33. “Storage Warehouse” shall mean a premise permitted to store marijuana pursuant to this Chapter and the Colorado Marijuana Code as defined therein. (Res. 11-139, 11-240 and 13-216)

 

5.12.050 General Provisions.

 

  1. All persons who are engaged in or who are attempting to engage in the cultivation, manufacture, distribution, testing and/or sale of marijuana in any form shall do so only in strict compliance with the terms, conditions, limitations and restrictions in Section 14 and Section 16 of Article XVIII of the Colorado Constitution, the Colorado Marijuana Code, this Chapter, the provisions of the Pueblo County Code Title 17, and all other State and local laws and regulations.
  2. The Local Licensing Authority is authorized to make rules consistent with the intent and spirit of this Chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process. (Res. 11-139, 11-240 and 13-216)

 

5.12.060 Types of Licenses.

 

  1. The Board of County Commissioners as the medical and retail marijuana Local Licensing Authority is authorized to issue the following types or classes of licenses for the purpose of regulating Marijuana Establishments. The Board of County Commissioners, in its discretion, and upon application in the prescribed form made to it, may issue and grant to an applicant a Marijuana Establishment license subject to the provisions and restrictions provided in this Chapter 5.12, from any of the following classes:
    1. Medical Marijuana Center License;
    2. Medical Marijuana Optional Premises Cultivation License;
    3. Medical Marijuana-Infused Products Manufacturing License;
    4. Retail Marijuana Store License;
    5. Retail Marijuana Cultivation Facility License;
    6. Retail Marijuana-Infused Products Manufacturing License;
    7. Retail Marijuana Testing Facility License;
    8. Storage Warehouse License.
  2. Notwithstanding anything herein to the contrary, prior to December 31, 2014, only a person who has applied for a medical marijuana center license; a medical marijuana optional premises cultivation license; or a medical marijuana-infused products manufacturing license located in Pueblo County on or before December 31, 2013 may apply for a Retail Marijuana Store license.
  3. Until December 31, 2014, the number of Retail Marijuana Store licenses issued by Pueblo County shall be limited to no more than ten. Thereafter and until January 1, 2016, only a person who is operating in good standing a licensed Medical Marijuana Center located in Pueblo County or a person who has a pending application for a Medical Marijuana Center with Pueblo County as of August 11, 2014, may apply for a Retail Mariuana Store license.
  4. It shall be unlawful for any person to hold a medical marijuana center or retail marijuana store license in Pueblo County, unless the person also holds a respective medical marijuana optional premises cultivation license or retail marijuana cultivation facility license in Pueblo County. This provision shall not limit a medical marijuana center or retail marijuana store’s ability to purchase or sell marijuana outside of Pueblo County.
  5. From January 1, 2015 until January 1 2016, the total number of Retail Marijuana Store licenses issued to a person shall not exceed the total number of Medical Marijauana Center licenses held or pending applications filed by such person in Pueblo County as of August 11, 2014.  This provision shall not apply to a person designating a premise pursant to Section 5.12.120(E) or Retail Marijuana Store licenses held as of August 11, 2014.
  6. Until January 1, 2016, the Local Licensing Authority shall not receive and accept Medical Marijuana Center applications for proposed licensed permises located within the boundaries of the Pueblo West Metropolitan District. (Res. 11-139, 11-240, 13-216 and 14-196)

 

5.12.070 Standards.

 

  1. A license provided by this Chapter shall not be issued to or held by any person or entity prohibited as licensees under the provisions of this Chapter and the Colorado Marijuana Code.
  2. The Local Licensing Authority shall not receive or act upon an application for the issuance of a local license pursuant to these regulations:
    1. Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement or other arrangement for possession of the premises, or by virtue of ownership of the premises;
    2. For a location in an area where the cultivation, manufacture, distribution, storage, testing, and/or sale of marijuana as contemplated herein is not expressly permitted under the provisions of the Pueblo County Code, Title 17, Division 1, Zoning.  Further, the Licensing Authority shall not receive or act upon an application for the issuance of a local license pursuant to these regulations for a location in an area where the cultivation, manufacture, distribution, storage, testing, and/or sale of marijuana as contemplated herein where such location does not meet and comport with the distance, isolation and/or separation distances required for such uses under the provisions of the Pueblo County Code, Title 17, Division 1, Zoning.
  3. The Local Licensing Authority may, in its discretion, deny the grant of a license provided by this Chapter to any person or entity who has prior to or on the date of the application made misrepresentations concerning the business for which the license is being sought on the application or on any of the submittals made with an application.
  4. In deciding whether to approve or deny the application for a license pursuant to this Chapter, the Local Licensing Authority may consider the facts and evidence adduced as a result of any investigation which has been made into the character and background of the proposed licensee, its owners, officers, directors, agents, servants and/or employees and the sources of its financial investment, as well as any other fact appurtenant to the type of license for which the application has been made and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.
  5. The Local Licensing Authority may deny a license if the evidence presented does not establish that the premises upon which the license is to be located can be operated by the licensee in a manner that will not adversely affect the public health or welfare or the safety of the immediate neighborhood in which the establishment is to be located or for good cause.  The Local Licensing Authority may place conditions upon the approval of any license which are reasonably related to the furtherance, in the opinion of the Local Licensing Authority, and protection of the health, safety and welfare of the neighborhood in which the establishment is to be located and of the general public.
  6. Prior to granting a license, the Local Licensing Authority may further consider all of the requirements of this Chapter, the Colorado Marijuana Code, any applicable state or local law or regulation, and all other reasonable restrictions that are or may be placed upon the licensee by the Licensing Authority.
  7. An approved license, and the licensee approved pursuant to this Chapter shall, at all times, meet and comply with the following operating conditions and standards:
    1. A Medical Marijuana Establishment shall not acquire, possess, cultivate, deliver, transfer, transport, supply, or dispense marijuana for any purpose except to assist the patients as defined by Section 14(1) of Article XVIII of the Colorado Constitution or other applicable state law.
    2. A Retail Marijuana Establishment shall not acquire, possess, cultivate, deliver, store, test, transfer, transport, supply, or dispense marijuana for any purpose except as permitted by the Colorado Retail Marijuana Code.
    3. No license otherwise approved pursuant to this Chapter shall issue until the license, application fees and any licensing or operating fees due to the State of Colorado and/or the County of Pueblo have been fully paid and received. Licenses granted pursuant to this Chapter shall be valid for a period not to exceed one year from the date of issuance unless revoked or suspended pursuant to this Chapter and/or pursuant to the provisions of State law and regulation.
    4. At all times subsequent to the issuance of a license under this Chapter, a licensee shall possess and maintain possession of the premises or optional premises for which the license is issued by ownership, lease, rental or other arrangement for possession and use of the premises.
    5. A licensee of a license issued pursuant to this Chapter shall report each transfer or change of financial interest in the license and/or the licensee to the Local Licensing Authority prior to any such transfer or change pursuant to and in accordance with the provisions of the Colorado Marijuana Code. A report shall be required for transfers of capital stock of any corporation regardless of size, for transfers of member interests of any limited liability company regardless of size and for any transfer of an interest in a partnership or other entity or association regardless of size.
    6. The Local Licensing Authority in its discretion may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for a period of at least one year.
    7. The licensed premises, including but not limited to any places where medical marijuana is grown, stored, cultivated, sold, tested or dispensed, shall be subject to inspection by the Local Licensing Authority or its designee, and any other state or local law enforcement personnel during all business hours and other times of apparent activity, for the purpose of inspection or investigation.  The Local Licensing Authority and its designee may conduct unannounced or covert compliance inspections. For examination of any inventory or books and records required to be kept by the licensees, access shall be required during business hours.  Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall be made available for inspection without delay and, upon request by authorized representatives of the Local Licensing Authority, the licensee shall open the area for inspection. Each licensee shall retain all books and records necessary to show fully the business transactions of the licensee for a period of the current tax year and the three immediately prior tax years.(Res. 11-139, 11-240 and 13-216)

 

5.12.080 Applications: Procedures, Hearings and Determinations.

 

  1. The Local Licensing Authority or its designee shall be the administrative agent for the purposes of disseminating applications for licenses pursuant to this Chapter and related materials, for the purpose of receiving applications and fees and for the purpose of making determinations of completeness. Upon receipt of a Marijuana Establishment application, the Local Licensing Authority or its designee shall review the application for completeness.
  2. An application for a license identified in Section 5.12.060 of these regulations shall be filed with the State Licensing Authority and shall contain such information as the State Licensing Authority may require, and with the Local Licensing Authority on any additional forms as the Local Licensing Authority may require. Each application and any supporting documentation or submittals shall be verified by the oath or affirmation of the persons submitting the application and any other person as may be prescribed by the State or Local Licensing Authority.
  3. An applicant shall file at the time of application for a license pursuant to this Chapter plans and specifications for the interior of the building if the building to be occupied is in existence at the time of the application. If the building is not in existence at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect’s drawing of the building to be constructed.  The local or State licensing authority may impose additional requirements necessary for making a determination of completeness and further submission of the application to the Local Licensing Authority for consideration of approval.
  4. An applicant shall file with the Local Licensing Authority the following at the time of application for a license pursuant to this Chapter.
    1. An operating plan for the proposed Marijuana Establishment including the following information:
      1. A description of the products and services to be provided by the facility.
      2. A floor plan showing all interior dimensions of the licensed premises and the layout of the Marijuana Establishment, including all limited access areas, areas of ingress and egress, and all security cameras.  Such floor plan shall also show the principal uses of the floor area depicted therein; For cultivation facilities, such floor plan shall distinguish all dimensions of areas in which plants are located;
      3. A description of the design of the establishment evidencing that the design conforms to applicable Pueblo County laws;
      4. A security plan indicating how the applicant intends to comply with the requirements of the Colorado Marijuana Code.
    2. A statement of whether or not any person holding any ownership interest has:
      1. Been denied an application for a Marijuana Establishment license by the state in this or any other jurisdiction or had such a license suspended or revoked; and
      2. Been convicted of a felony or has completed any portion of a sentence due to a felony charge within the preceding five (5) years.
    3. Proof that the applicant has completed and satisfied the Zoning Compliance Review as required by Title 17, Division I, Zoning of the Pueblo County Code.
    4. All licensing, operating, and other fees due and payable to operate a Marijuana Establishment as determined by the Local Licensing Authority.
    5. Any additional document(s) or information reasonably requested by the Local Licensing Authority.
  5. The Local Licensing Authority or its designee shall inform the applicant in writing of its determination on the question of whether or not the application is complete within twenty (20) days of its receipt of the application.  Such determination shall be expressed in writing and shall identify those matters which prevent the determination of completeness or which shall inform that the application has been accepted as being complete.  An applicant who has been denied a determination of completeness may resubmit the application to correct any deficiencies in completeness.
  6. Upon receipt of an application for a license and upon a determination by the Local Licensing Authority that the same is complete in accordance with these regulations, the Local Licensing Authority shall schedule a public hearing upon the application to be held not less than thirty (30) days after the date of the determination of completeness.  The Local Licensing Authority shall post and publish public notice of such hearing not less than ten days prior to the hearing.   Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and, further, by publication in a newspaper of general circulation in Pueblo County.  Notice given by posting shall include a sign, not less than 22” wide and 26” high, composed of letters not less than one inch in height and stating the type of license applied for, the date that the application has been determined to be complete, the date of the hearing, the name and address of the applicant and such other information as may be required to apprise the public of the nature of the application.  The sign shall also contain the names and addresses of the officers, directors, or managers of the facility to be licensed.  The notice given by publication shall contain the same information.  If the building in which the marijuana is to be manufactured, cultivated, or sold is in existence at the time of the application, a sign shall be posted in such place so as to be conspicuous and plainly visible to the general public.  If the building is not yet constructed at the time of application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.
  7. No less than ten days prior to the date of a scheduled public hearing on a license application, the Local Licensing Authority shall make known, based upon its investigation to date, its findings concerning the initial requirements of an application and its preliminary findings concerning whether or not the same appears to meet the standards and requirements set forth in this Chapter.  The writing shall be directed to the applicant and copies of the same shall be made available to other parties of interest.  Nothing in the initial findings issued prior to the hearing shall conclusively bind the Local Licensing Authority who after the hearing has the authority to refuse to issue a license for good cause in accordance with the terms and provisions and conditions and standards of these regulations and those set forth in State law and regulation.
  8. Prior to making its final decision approving or denying the application, the Local Licensing Authority may consider the facts and evidence adduced as a result of its preliminary investigation as well as the facts and evidence adduced and presented at the hearing as well as any other facts pertinent to the type of license for which application has been made, including the number, type and availability of Marijuana Establishments located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed and whether the applicant will comply with this Chapter and the Colorado Marijuana Code.
  9. Within 30 days after the public hearing, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure.  The decision shall be in writing and shall state the reasons for the decision. The Local Licensing Authority shall send a copy of the decision by certified mail to the State and to the applicant at the address shown on the application.  Any decision approving a license application may include certain conditions imposed by the Local Licensing Authority in addition to compliance with all of the terms and conditions of this Chapter and compliance with State law and regulation.
  10. The Local Licensing Authority may deny any application for a license that is not in compliance with this Chapter, the Colorado Marijuana Code, any other applicable state or local law or regulation, or for good cause.  Notwithstanding, the Local License Authority may issue a conditional or stipulated license.
  11. In the event that the Local Licensing Authority approves an application, the license shall not issue until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of State law and regulations promulgated pursuant thereto and then only after the Local Licensing Authority has inspected the premises to determine that the applicant has complied with the architect’s drawing and the plot plan and the detailed sketch for the interior of the building submitted with the application.
  12. A license provided and issued pursuant to this Chapter shall specify the date of issuance, the period of licensure (1 year from the date of issuance) the name of the licensee and the premises licensed.  The licensee shall conspicuously place the license at all times on the licensed premises or upon an optional premises license pursuant hereto.
  13. Subsequent to the issuance of a license, a licensee shall report each transfer or change of financial interest in the license to the Local Licensing Authority prior to any transfer or change.
  14. The Local Licensing Authority shall issue a license under this article when, after thorough consideration of the application, and from review of such other information as required by this Chapter or the Marijuana Code, the Authority determines that the applicant complies with all of the requirements of this Chapter and the Colorado Marijuana Code.
  15. A Marijuana Establishment shall notify the Local Licensing Authority in writing within 10 days after an owner, officer, or employee ceases to work at, manage, own or otherwise be associated with the operation. The owner, officer or employee shall surrender his or her identification card to the State Licensing Authority on or before the date of notification.  A licensed operation shall also notify the Local Licensing Authority in writing of the name, address, and date of birth of an owner, officer, manager or employee within ten days of the new owner, officer or employee begins working at, managing, owning or being associated with the operation. (Res. 11-139, 11-240 and 13-216)

 

5.12.090 Transfer of Ownership.

 

  1. A license granted under the provisions of this Chapter shall not be transferrable to any other person except as provided in this Chapter.
  2. For a transfer of ownership, a license holder shall apply to the State and local licensing authorities on forms specifically prepared and furnished for this purpose by the State Licensing Authority.  In determining whether to permit a transfer of ownership, the Local Licensing Authority shall consider the requirements of the Colorado Marijuana Code. In addition, no application for a transfer of ownership will be considered by the Local Licensing Authority if, at the time of such application, the licensee is under a notice of violation or other unlawful acts issued by either the Local Licensing Authority or the State Licensing Authority.
  3. The Local Licensing Authority may hold a hearing on a request for transfer of ownership, but not prior to the posting of a notice of said hearing on the licensed premises for a period of at least 10 days prior to the hearing and, further, a notice of the hearing has been issued to the applicant at least ten days prior to the hearing.  Notice of such hearing and, further, the hearing itself, shall comply with the requirements for a hearing upon an application for a local license as are more particularly set forth in section 5.12.080 of this Chapter. (Res. 11-139, 11-240 and 13-216)

 

5.12.100 License Renewals.

 

  1. A licensee shall apply for the renewal of an existing license to the Local Licensing Authority not less than 45 days prior to the date of the expiration of the license. Except as hereinafter provided, the Local Licensing Authority shall not accept an application for renewal of a license after the date of expiration.
  2. The Local Licensing Authority may, in its discretion, schedule a hearing on the application for renewal if the licensee has had complaints filed against it, or if the licensee has a history of violation(s), if the licensee has committed any unlawful acts as specified herein and/or if there are allegations against the licensee that would constitute good cause as that term is defined herein.  In the event that a hearing is scheduled, notice of such hearing shall be posted on the licensed premises for a period of 10 days prior to the hearing and the applicant shall be notified of such hearing at least 10 days prior to the hearing. The hearing and the more specific requirements of notice shall comport with the other provisions of this Chapter concerning public hearings. All renewal applications shall be approved by the Local Licensing Authority if no hearing is scheduled. The Local Licensing Authority may refuse to renew any license for good cause as that term is defined in these regulations.
  3. Notwithstanding the provisions of the previous subsections of this Section, a licensee whose license has expired for not more than 90 days may file a late renewal application upon the payment of a nonrefundable late license fee of five hundred dollars ($500.00) to the Local Licensing Authority.  A licensee who files a late renewal application and pays the requisite fee may continue to operate until the Local Licensing Authority has taken final action to approve or deny the licensee’s late renewal application.
  4. The Local Licensing Authority shall not accept a late renewal application more than 90 days after the expiration of the licensee’s permanent annual license.  A licensee whose license has been expired for more than 90 days shall not, under any circumstances, cultivate, manufacture, distribute, test or sell any marijuana until a new required license has been obtained. (Res. 11-139, 11-240 and 13-216)

 

5.12.110 Change of Licensed Location.

 

  1. A licensee may apply to the Local Licensing Authority to change the location previously approved for such license to any other place in unincorporated Pueblo County, but it shall be unlawful to cultivate, manufacture, distribute, test, store or sell medical or retail marijuana at any such place or location until express permission to do so is granted by the State and the Local Licensing Authority.
  2. A Retail Marijuana Establishment licensee in any Colorado jurisdiction may transfer its license to Pueblo County so long as the State approves the transfer and the applicant completes the application and hearing process set forth in section 5.12.080 herein and otherwise complies with all the requirements of this Chapter and the Colorado Marijuana Code. It shall be unlawful to cultivate, manufacture, distribute, test, store or sell medical or retail marijuana at any such place or location until express permission to do so is granted by the State and the Local Licensing Authority.
  3. In permitting a change of location, the Local Licensing Authority shall consider all reasonable restrictions that are placed upon the current license and/or which may be placed upon the new location by the Local Licensing Authority pursuant to the hearing process set forth in section 5.12.080 and provided the new location complies with the provisions of Pueblo County Code Title 17. (Res. 11-139, 11-240 and 13-216)

 

5.12.120 Dual Operation.

 

  1. A person who holds both a license to operate a Medical Marijuana Establishment and a license to operate a Retail Marijuana Establishment may operate both licenses in the same premises (“dual operation”) provided the licensee meets the requirements of the Colorado Marijuana Code and this Chapter.
  2. A medical marijuana center licensee may also hold a retail marijuana store license and operate a retail business operation on the same licensed premises provided that the licensee does not authorize patients under the age of 21 years to be on the premises. The licensee must post signage that clearly states “You must be 21 years of age or older to enter this premises.” The licensee may display both medical marijuana and retail marijuana on the same sale floor, provided the licensee maintains virtual separation of its inventory. A medical marijuana center that authorizes medical marijuana patients under the age of 21 years to be on the premises cannot share its premises with a retail marijuana establishment and the two shall maintain distinctly separate licensed premises.
  3. A medical marijuana optional premise cultivation operation licensee may also hold a retail marijuana cultivation license on the same premises. Persons operating dual medical and retail cultivation operations shall maintain virtual separation of the facilities, marijuana plants, and marijuana inventory.
  4. A medical marijuana-infused product manufacturer licensee may also hold a retail marijuana-infused product manufacturer license on the same premises. Persons operating a medical marijuana-infused products manufacturing business and a retail marijuana products manufacturing facility shall maintain virtual separation of the facilities, product ingredients, product manufacturing, and final product inventory.
  5. On and after January 1st, 2016 no dual premises shall be permitted for a retail marijuana store or medical marijuana center and each premise licensed hereto shall designate either a retail marijuana store or a medical marijuana center. (Res. 13-216)

 

5.12.130 Fees.

 

  1. Operating fees and all other fees necessary for the administration, regulation, and implementation of this Chapter are as follows:
    1. Initial Operating Fees
      1. Medical Marijuana Center: $5000.00
      2. Medical Marijuana Optional Premise Cultivation Facility: $5000.00
      3. Medical Marijuana Infused Product Manufacturing Facility: $5000.00
      4. Retail Marijuana Store: $6000.00
      5. Retail Marijuana Cultivation Facility: $5000.00 plus:
        1. $.50 per square foot of the portion of the licensed premise in which plants are located for indoor cultivation facilities, including greenhouses, but not to exceed a total of $15,000.00;
        2. $.25 per square foot of the portion of the licensed premise in which plants are located for outdoor cultivation facilities, but not to exceed a total of $15,000.00.
      6. Retail Marijuana Infused Product Manufacturing Facility: $6000.00
      7. Retail Marijuana Testing Facility: $1500.00
      8. Storage Warehouse: $1500.00
    2. Administrative Operating Fees
      1. Change of Location Fee: $250.00
      2. Modification of Premises Fee: $50.00
      3. Change of Ownership Fee: $250.00
    3. Annual Renewal Fees
      1. Medical Marijuana Center: $2500.00
      2. Medical Marijuana Optional Premise Cultivation Facility: $2500.00
      3. Medical Marijuana Infused Product Manufacturing Facility: $2500.00
      4. Retail Marijuana Store: $6000.00
      5. Retail Marijuana Cultivation Facility: $2500.00 plus:
        1. $.50 per square foot of the portion of the licensed premise in which plants are located for indoor cultivation facilities, including greenhouses, not not to exceed a total of $15,000.00;
        2. $.25 per square foot of the portion of the licensed premise in which plants are located for outdoor cultivation facilities, not to exceed a total of $15,000.00.
      6. Retail Marijuana Infused Product Manufacturing Facility: $6000.00
      7. Retail Marijuana Testing Facility: $1500.00
      8. Storage Warehouse: $1500.00
  2. At least annually, the amount of fees charged pursuant to this section shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the County in connection with the administration and enforcement of this chapter. The Local Licensing Authority by rule or regulation shall set the due dates for any fee due pursuant to this section. (Res. 11-139, 11-240, 13-216, 14-03, 14-59)

 

5.12.140 Unlawful Acts: License Violations and Enforcement.

  1. It is unlawful and a violation of the terms and conditions of every license issued under this Chapter to cultivate, manufacture, distribute, store, test or sell marijuana, except in compliance with the terms, conditions, limitations and restrictions in Sections 14 and 16 of Article XVIII of the State Constitution, the Colorado Marijuana Code, the provisions of this Chapter, and any conditions imposed on a license pursuant to this Chapter, and the provisions of the Pueblo County Code, Title 17, Division 1, Zoning.
  2. It shall be unlawful for any person to engage in any form of business or commerce directly involving the cultivation, processing, manufacturing, sale, or testing of marijuana other than those forms of businesses and commerce that are expressly contemplated by this Chapter and the Colorado Marijuana Code
  3. It shall be unlawful for any person to permit the consumption of marijuana on any premise open to the public unless
    1. The premise is limited to only those who are twenty-one years of age or older;
    2. The premise is clearly marked as place where marijuana is being consumed;
    3. The premise complies with the Colorado Clean Indoor Air Act and the Pueblo County Smoke Free Air Act;
    4. No alcohol is served on the premise unless the premise is licensed as any of the following:
      1. Art License;
      2. Beer and Wine License;
      3. Bed and Breakfast Permit;
      4. Brew Pub License;
      5. Club License;
      6. Hotel and Restaurant;
      7. Race Track;
      8. Retail Gaming Tavern License;
      9. Special Event Permits; or
      10. Vintner’s Restaurant License;
    5. The consumption of marijuana is not done openly and publicly; and
    6. The premise otherwise complies with the provisions of Pueblo County Code Title 17, Division 1, Zoning.
  4. It is unlawful and a violation of this Chapter for a Marijuana Establishment to operate until it has been licensed under this Chapter by the Local Licensing Authority and also licensed by the State Licensing Authority pursuant to the Colorado Marijuana Code.
  5. It is unlawful and a violation of this Chapter and, further, a violation of each license issued pursuant to this Chapter for a person or licensee to commit any act or omission which is unlawful pursuant to the Colorado Marijuana Code. In addition to the criminal penalties specified therein, any licensee who commits any acts that are unlawful pursuant to this Chapter and/or pursuant to the Colorado Marijuana Code shall be subject to a summary suspension, a suspension, fines, and/or a revocation of its license.
  6. In addition to any other civil or criminal sanction prescribed by Colorado law or rules promulgated pursuant thereto, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to fine, restrict, suspend or revoke a license issued by the Local Licensing Authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Chapter, the Colorado Marijuana Code and/or of any of the other terms, conditions or provisions of the license issued by the Local Licensing Authority. Summary suspension, suspension, revocation and/or fines may be imposed by the Local Licensing Authority and in commencing and concluding such actions, the Local Licensing Authority shall comport with the provisions of the Colorado Marijuana Code.
  7. Each person licensed pursuant to this Chapter shall keep and maintain all records specified in the Colorado Marijuana Code and shall make the same open, at all times, during business hours for the inspection and examination of the Local Licensing Authority or its duly authorized representatives.  A failure to maintain such records and to allow for inspection of the same as well as a failure to allow the inspection of the licensed premises by the Local Licensing Authority shall constitute a violation of this Chapter and such violation may, in the discretion of the Local Licensing Authority, form or constitute the basis for a summary suspension, a suspension, fines and/or revocation of the licensee’s license.
  8. No medical marijuana center or retail marijuana store approved pursuant to this Chapter may sell marijuana at any time except between the hours of 8:00am to 7:00pm for a medical marijuana center and between the hours of 8:00am to 11:00pm for a retail store, unless a more restrictive time is set by the Colorado Marijuana Code.
  9. All sales receipts at retail marijuana stores shall contain the Statement, “It is illegal to transfer or sell marijuana or marijuana products to anyone under the age of 21.”
  10. All Retail Marijuana Establishments shall post a sign in a conspicuous location stating:

     

    IT IS ILLEGAL TO SELL OR TRANSFER MARIJUANA TO ANYONE UNDER THE AGE OF TWENTY-ONE.

    IT IS ILLEGAL TO SEND OR TRANSPORT MARIJUANA TO ANOTHER STATE.

    THE POSSESSION OF MARIJUANA REMAINS A CRIME UNDER FEDERAL LAW.

  11. A Marijuana Establishment shall be equipped with a proper ventilation system that filters the odor of marijuana.
  12. In deciding whether a license should be fined, suspended or revoked in accordance with this section, and in deciding what conditions to impose in the event of a suspension, if any, the Local Licensing Authority shall consider:
    1. The nature and seriousness of the violation;
    2. Corrective action, if any, taken by the licensee;
    3. Prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any;
    4. The likelihood of recurrence;
    5. All circumstances surrounding the violation;
    6. Whether the violation was willful;
    7. The length of time the license has been held by the licensee;
    8. The number of violations by the licensee within the applicable twelve (12) month period;
    9. Previous sanctions, if any, imposed against the licensee;
    10. Whether the licensee has a responsible vendor designation;
    11. Whether the licensee supports other local businesses including without limitation the display of local art or use of local ancillary businesses;
    12. Whether the licensee has contributed to or been involved in a charitable giving program; and
    13. Any other factor making the situation with respect to the licensee or the licensed premises unique.
  13. Notice of suspension or revocation shall be given by mailing the same in writing to the licensee at the licensee’s last address of record with the Local Licensing Authority.
  14. Any recommended stipulations or agreements between the licensee and the Local Licensing Authority shall be presented to the Local Licensing Authority at the hearing. The Local Licensing Authority in its discretion may:
    1. Accept such stipulation or agreement and dispense with the hearing;
    2. Allow limited testimony and evidence and, based thereon, accept such stipulation or agreement without a full hearing, or
    3. Reject the stipulation and require a full hearing.
  15. Requests to pay a fine in lieu of serving a suspension period shall be heard by the Local Licensing Authority before the suspension period is set to begin.
  16. The remedies provided in this section are in addition to any other remedy provided by applicable law.
  17. Any party aggrieved by a final decision of the Local Licensing Authority may be appealed to a district court within twenty eight (28) days following the date of such decision pursuant to the provisions of Rule 106(a)(4), Colorado Rules of Civil Procedure. (Res. 11-139, 11-240 and 13-216, 14-03)

 

5.12.150 Reserved.

 

5.12.160 Compliance with State Law.

 

  1. To the extent the State has adopted or adopts in the future any additional or stricter laws or regulations governing the sale or distribution of marijuana, the additional or stricter regulations shall control the establishment or operation of any Marijuana Establishment in Pueblo County. Compliance with any applicable State law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Chapter, and noncompliance with any applicable State law or regulation shall be grounds for fines, administrative action, revocation, or suspension of any license issued hereunder.
  2. Any Marijuana Establishment licensed pursuant to this Chapter may be required to demonstrate, upon demand by the Local Licensing Authority or by law enforcement officers that the source and quantity of any marijuana found upon the licensed premises is in full compliance with any applicable State law or regulation. (Res. 13-216)

 

5.12.170 Storage Warehouses. Any person licensed pursuant to this Chapter may operate a storage warehouse for medical and/or retail marijuana provided they meet all the requirements of the Colorado Marijuana Code and the storage warehouse is proposed to be located in place where warehouses are permitted pursuant to Title 17, Division 1, Zoning. (Res. 13-216)

 

5.12.180 Marijuana Accessories. Any person twenty-one years of age or older is hereby authorized to manufacture, possess, distribute, sell or purchase marijuana accessories in conformance with Section 16 of Article XVIII of the Colorado Constitution, provided they meet all applicable state or local laws. (Res. 13-216)

 

5.12.190 Severability.  If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Chapter that can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (Res. 13-216)