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, 14-196 and 15-038)

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 Pueblo County Liquor and Marijuana Licensing Board 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, the Pueblo County Liquor and Marijuana Licensing Board 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, 13-216 and 15-038)

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. “Director” means the Director of the Pueblo County Department of Planning and Development or his or her designee.
  6. “Inhabitant” means a person residing or owning property within the Residential Area.
  7. “License” means to grant a license or registration pursuant to this Chapter.
  8. “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.
  9. “Licensee” means a person licensed or registered pursuant to this Chapter.
  10. “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.
  11. “Local Licensing Authority” means the Pueblo County Liquor and Marijuana Licensing Board, as established pursuant to Chapter 5.16 of the Pueblo County Code.
  12. “Location” means a particular parcel of land that may be identified by an address or other descriptive means.
  13. “Marijuana” means both Medical Marijuana and Retail Marijuana as those terms are defined herein.
  14. “Marijuana Establishment” means both a Medical Marijuana Establishment and a Retail Marijuana Establishment as those terms are defined herein.
  15. “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.
  16. “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.
  17. “Medical Marijuana Establishment” means a medical marijuana center, medical marijuana-infused products manufacturing operation, optional premise cultivation operation, or a storage warehouse.
  18. “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.
  19.  “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.
  20. “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.
  21. “Operating fees” means fees that must be paid by a Retail Marijuana Establishment licensee for the costs of administering and enforcing this Chapter.
  22. “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.
  23. “Optional Premises Cultivation Operation” means a person licensed pursuant to this Chapter and the Colorado Medical Marijuana Code as defined therein.
  24. “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.
  25. “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.
  26. “Residential Area” means an area within an agricultural zone district consisting of parcels that are, by virtue of covenants on the land, part of or subject to the oversight of a common homeowners’ or property owners’ association.
  27. “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.
  28. “Retail Marijuana Cultivation Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  29. “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.
  30. “Retail Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  31. “Retail Marijuana Store” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  32. “Retail Marijuana Testing Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code as defined therein.
  33. “School” means a public or private elementary, middle, junior high or high school.
  34. “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.
  35. “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, 13-216, 15-038 and 16-192)

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.  Except for an application made under Section 5.12.100, the Director shall not accept any application from a person the Director knows to be under investigation or facing disciplinary action by Pueblo County or the Colorado Department of Revenue for a violation of this Chapter or the Colorado Marijuana Code unless ordered to do so by the Pueblo County Liquor and Marijuana Licensing Board.
  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.
  3. Where reasonably necessary and otherwise consistent with the provisions of this Chapter, the Local Licensing Authority may conditionally approve any application made under this Chapter and may also issue a conditional or stipulated license or place conditions on an existing license. (Res. 11-139, 11-240, 13-216 and 16-192)

5.12.060 Types of Licenses.

  1. The Local Licensing Authority is authorized to issue the following types or classes of licenses for the purpose of regulating Marijuana Establishments. The Local Licensing Authority, 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.

Until January 1, 2017, the Local Licensing Authority shall not receive and accept applications for a Medical Marijuana Center License or a Retail Marijuana Store License. Notwithstanding anything herein to the contrary, 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 License with Pueblo County may apply for a Retail Marijuana Store License for operation in the same licensed premises as such Medical Marijuana Center pursuant to Section 5.12.120. (Res. 11-139, 11-240, 13-216, 14-196 and 15-038)

5.12.070 Standards.

  1. The Local Licensing Authority shall not receive or act upon an application for a new license issued under this Chapter or for a change of location:
    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 as a use pursuant to Title 17 of the Pueblo County Code or 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.
  2. Unless otherwise provided herein, the Local Licensing Authority may only approve or deny an application for a new license after holding a public hearing where the following evidence may be considered:
    1. The application;
    2. Information submitted by the applicant in connection with the application;
    3. Findings, reports, or other information submitted by staff;
    4. Evidence presented at the hearing by staff, the applicant, persons associated with the applicant, persons in favor of the application, and persons opposed to the application.
  3. To approve an application for a new license, the Local Licensing Authority must find that:
    1. The applicant is not a person or entity prohibited as a licensee under the provisions of this Chapter or the Colorado Marijuana Code;
    2. The applicant is qualified to operate a marijuana establishment in compliance with the provisions of this Chapter and the Colorado Marijuana Code and associated regulations;
    3. The operation of the proposed establishment will not adversely affect the public health, safety, or welfare of the Immediate Neighborhood;
    4. The applicant has made no material misrepresentations on its application or other documents submitted to the Director in advance of the hearing or through evidence presented at the hearing itself; and
    5. For an establishment located in a Residential Area, there is a desire among the Inhabitants for the establishment, as demonstrated by petitions, remonstrances, or otherwise.
  4. 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, a licensee or applicant shall possess and maintain possession of, or, in the case of an applicant, demonstrate that it will be entitled to 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 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.
    8. A person or business is prohibited from holding a license under this Chapter if:
      1. The person is not of good moral character as determined by C.R.S. § 24-5-101;
      2. Any owners of the business are not of good moral character as determined by C.R.S. § 24-5-101; or
      3. Any managers or persons employed or to be employed by the person or business are not of good moral character as determined by C.R.S. § 24-5-101.
  5. Excusable Delay – Extensions.  When any licensee or applicant fails to meet or    likely will fail to meet a deadline or otherwise requires an extension to complete an act required by this Code or an order of the Board, the Board may, unless this Code or the Colorado Marijuana Code require otherwise, grant an extension if   the licensee or applicant requesting the extension demonstrates (1) the request was filed promptly after discovering the need for an extension, (2) the delay at issue was reasonably justified, and (3), if the request for extension is for a conditional approval order, that the applicant is in compliance with the terms and conditions of their order, of this Chapter, and of the Colorado Marijuana Code, including section 5.12.070.D(8). (Res. 11-139, 11-240, 13-216, 15-038 and 16-192)

5.12.080 Applications: Procedures, Hearings and Determinations.

  1. The Director shall be the administrative agent of the Local Licensing Authority for the purposes of, among other things, disseminating licensing applications and related materials, for the purpose of receiving applications and fees, posting and publishing public notice, setting the agenda and scheduling hearings, and for the purpose of making determinations of completeness. Upon receipt of a Marijuana Establishment application, the Director 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 or alteration to the building is required at the time of the application, the applicant shall file a plot plan with the premise outlined in red 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 Director shall inform the applicant in writing of its determination on the question of whether or not the application is complete within thirty (30) 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 shall resubmit the application to correct any deficiencies in completeness no later than thirty (30) days after being informed of the denial. The Director may deny the application of an applicant who fails to correct identified deficiencies within thirty (30) days after being informed of such deficiencies.
  6. Upon receipt of an application for a license and upon a determination by the Director that the same is complete in accordance with these regulations, the Director 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 Director 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 five days prior to the date of a scheduled public hearing on a license application, the Director shall make known, based upon his or her investigation and review of the application to date, findings concerning the initial requirements of an application.  The writing shall be directed to the applicant and copies of the same shall be made available to members of the public who request it.  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. 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.
  9. 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 or engineer’s drawing and the plot plan and an as-built drawing to be submitted by the applicant for the interior of the building as approved by the Pueblo Regional Building Department.
  10. A license provided and issued pursuant to this Chapter shall specify the date of issuance, the date of approval, the period of licensure, which shall be one year from the date of approval or, if the approval order has been extended by the Board, one year from the date of such extension, 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.
  11. 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.  The licensee must also report to the Director, within one day of discovering the same, any act, omission, or change in circumstance that could reasonably appear to result in the violation of any provision of this Chapter or of any other state or local law.
  12. 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.
  13. Notwithstanding any provision of this Chapter to the contrary, the Director may, without a public hearing, approve or conditionally approve applications that would result in the following:
    1. Changing, Altering, or Modifying Licensed Premises;
    2. Change of Trade Name;
    3. Medical Marijuana Optional Premises Cultivation License at the same location as an existing Marijuana Establishment License;
    4. Medical Marijuana-Infused Products Manufacturing License in the same location as an existing Marijuana Establishment License;
    5. Retail Marijuana Cultivation Facility License in the same location as an existing Marijuana Establishment License;
    6. Retail Marijuana-Infused Products Manufacturing License in the same location as an existing Marijuana Establishment License;
    7. Storage Warehouse License in the same location as an existing Marijuana Establishment License.

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 must make the findings required in subsections C.1., C.2., and C.4. of section 5.12.070.  If an application for a transfer of ownership proposes to change the name of the licensee or to transfer the license to a different person or entity, the Local Licensing Authority must also find that the renamed licensee or transferee is or will be entitled to possession of the licensed premises.
  3. The Local Licensing Authority may hold a hearing on a request for transfer of ownership.  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 5.12.070.B. and section 5.12.080 of this Chapter. (Res. 11-139, 11-240, 13-216 and 16-192)

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 Director or Local Licensing Authority may schedule a hearing on the application for renewal if it appears that one or more circumstances exist that may justify an adverse decision.  
  3. The Local Licensing Authority may refuse to renew a license if it finds one or more of the following:
    1. The licensee or applicant has violated, does not meet, no longer meets, or has failed to comply with any of the terms, conditions or provisions of this Chapter, of State law, of any marijuana regulations and rules promulgated pursuant to State law;
    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 Pueblo County Liquor and Marijuana Licensing Board as the Local Licensing Authority; or
    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.
  4. If the Local Licensing Authority finds after a hearing held pursuant to this section that there are grounds to refuse to renew, it may consider, except as otherwise required, the severity, frequency, and number of prior violations in deciding whether to refuse to renew the license.  
  5. 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.  No renewal application shall be denied without a hearing. 
  6. 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.
  7. 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, 13-216 and 16-192)

5.12.110 Change of Licensed Location.

  1. A licensee or conditionally approved applicant within unincorporated Pueblo County may apply to the Local Licensing Authority to change the location previously applied for or 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. To approve an application for change of location made under subsection A of this Section, the Local Licensing Authority must make the finding set forth in subsection C.3., C.4. and C.5. of section 5.12.070.  The Local Licensing Authority shall also consider any specific condition or restriction placed upon the current license or approval order.  Any decision on an application for a change of location must be made after a public hearing pursuant to the hearing process set forth in section 5.12.070.B. and 5.12.080.
  3. Notwithstanding any provision of this Chapter to the contrary, no change of licensed location application for a Medical Marijuana Center License or a Retail Marijuana Store License operating under the provisions of section 5.12.120 shall be received, accepted or approved unless such application is submitted for both the Medical Marijuana Center License and the Retail Marijuana Store License for operation on the same licensed premises pursuant to Section 5.12.120. 
  4. A Retail Marijuana Establishment licensee in any other Colorado jurisdiction seeking to transfer its state license to a location in unincorporated Pueblo County must apply for a new Pueblo County license by submitting an application under Section 5.12.080 of this Chapter.  Such an applicant shall be treated as a new applicant under this Chapter for all purposes except that the applicant may submit its state application for change of location in place of a state application for a new license. It shall be unlawful for such an applicant 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. (Res. 11-139, 11-240, 13-216, 15-038, 16-108 and 16-192)

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. (Res. 13-216 and 15-038)

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
      4. Change of Trade Name Fee: $50.00
    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 and 15-038)

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, revoke or rescind a license or order 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.  The procedure for summary suspension 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:
    1. IT IS ILLEGAL TO SELL OR TRANSFER MARIJUANA TO ANYONE UNDER THE AGE OF TWENTY-ONE.
    2. IT IS ILLEGAL TO SEND OR TRANSPORT MARIJUANA TO ANOTHER STATE.
    3. 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. It is a violation of the terms and conditions of every license issued under this Chapter for a Licensee to fail to comply with any regulation governing the collection and administration of any state or local tax, including the countywide sales and excise taxes proposed by Resolutions No. 13-186 and 15-203 and approved respectively by votes of the electors of Pueblo County.  If the Local Licensing Authority finds that a Licensee has violated this provision, it may impose all available sanctions, including revocation and sanctions specifically tailored to secure payment of any unpaid tax.
  13. 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.
  14. 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.
  15. Except as set forth in Subsection O of this Section 5.12.140, 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.
  16. Stipulations regarding violations of these Regulations may be executed by the Pueblo County Land use and Marijuana Compliance Inspector and a Licensee without the approval of the Local Licensing Authority consistent wit the following:
    1. The Inspector may make determinations regarding the type of sanction to impose based upon the; severity of the violation and in conformance with the following categories of violations:
      1. License Infractions. This category of violation is the least severe and may include, but is not limited to, failure to display required badges, unauthorized modifications of the Licensed Premises of a minor nature, or failure to notify the Local Licensing Authority of a minor change in ownership. The range of penalties for this category of violation may include a verbal or written warning, or a fine per individual violation of up to one thousand dollars ($1000), depending on the mitigating and aggravating circumstances. Sanctions may also include restrictions on the license.
      2. License Violations. This category of violation is more severe than a license infraction but generally does not have an immediate impact on the health, safety and welfare of the public at large. License violations may include but are not limited to, advertising and/or marketing violations, packaging or labeling violations that do not directly impact consumer safety, failure to maintain minimum security requirements, failure to keep and maintain adequate business books and records, or minor or clerical errors in the inventory tracking procedures. The range of penalties for this category of violation may include a written warning or a fine per individual violation of up to five thousand dollars ($5000), depending on the mitigating and aggravating circumstances. Sanctions may also include restrictions on the license.
    2. In no event shall the Inspector enter into stipulations under this subsection with a Licensee more than three (3) times within a 1 (one) year period.
    3. In no event shall the Inspector enter into stipulations involving violations affecting public safety or violations having an immediate impact on the health, safety and welfare of the public at large, as generally described in the penalty provisions of rules promulgated by the State Licensing Authority.
    4. Stipulations shall be forwarded to the Local Licensing Authority for receipt and filing no later than ten (10) days after execution by the Licensee and Inspector.
    5. Nothing in this subsection shall preclude the Inspector from requesting that the Local Licensing Authority consider any alleged violation of these Regulations under Subsection F of Section 5.12.140 of this Code.
  17. 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.
  18. The remedies provided in this section are in addition to any other remedy provided by applicable law. (Res. 11-139, 11-240, 13-216, 14-03, 15-235 and 16-192)

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)

5.12.200 Conditionally Approved Applications. 

A.   Privileges of licensure not vested.  An order of the Local Licensing Authority conditionally approving an application is not a license but only the right to a license once certain conditions have been met.  A conditionally approved applicant is not a licensee and may in no case exercise the privileges of licensure, including operating a licensed establishment or taking any other preliminary steps for which a license is required.

B.   Jurisdiction of Local Licensing Authority.  A conditionally approved applicant is subject to the jurisdiction of the Local Licensing Authority and to investigation by Pueblo County, disciplinary actions before the Authority, and any other requirements or procedures imposed by law or by order of the Authority.  All rights conveyed through the Local Licensing Authority’s approval or conditional approval may be suspended or revoked through the same procedure, and with the same effect, as a license. 

C.   Violations and Administrative Revocation.  It shall be a violation of this section for a conditionally approved applicant to commit an act or omission, which, if committed by a licensee, would be a violation of any other provision of this Chapter or of the Colorado Marijuana Code.  Additionally, the Local Licensing Authority may also, without finding a violation, administratively rescind an approval order and revoke all rights conferred thereby if it finds that a circumstance necessary to its approval has materially changed or ceased to exist.  At any point prior to the issuance of the license, the Local Licensing Authority or the Director, subject to approval by the Local Licensing Authority at its next meeting, may stay the issuance of a license if it reasonably appears that a conditionally approved applicant has violated or is being investigated for violating any provision of this Chapter or of the Colorado Marijuana Code, or if it reasonably appears that there are grounds to rescind the conditional approval order.  (Res. 16-192)