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HomeMy Public PortalAboutOrdinance 379TOWN OF FRASER ORDINANCE NO. 379 Series 2011 AN ORDINANCE AMENDING ORDINANCE NO. 376, SERIES 2010 EXTENDING THE TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A LICENSE OR PERMIT RELATED TO THE OPERATION OF A BUSINESS THAT SELLS OR DISTRIBUTES MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE TOWN'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE TOWN BOARD TO CONSIDER THE ADOPTION OF APPROPRIATE TOWN REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, Town of Fraser Referred Measure 2B prohibiting Medical Marijuana Centers, optional premises cultivation operations, and medical marijuana- infused products manufacturers was defeated by the electorate on November 2, 2010; and WHEREAS, The Fraser Town Board and Planning Commission need to establish appropriate regulations regarding Medical Marijuana Centers, optional premises cultivation operations, and medical marijuana- infused products manufactures in advance of processing any such applications; and WHEREAS, The State legislature is considering an extension of the current State moratorium on the issuance of licenses to open /operate a medical marijuana dispensary until July 1, 2012. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE Municipal Code, Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code") is hereby amended as provided. 1.1 The existing moratorium on the submission, acceptance, processing, and approval of all applications for licenses or permits relating to the operation of a business that sells or distributes medical marijuana is hereby extended to and including July 1, 2011 which allow the Town staff and Town Board to investigate the Town's ability to regulate such businesses, and to develop and implement any appropriate regulations deemed necessary by the Town Board. 1.2 The duration of the moratorium imposed by this ordinance is reasonable in length, and is no longer than is required for the Town and the State to properly investigate develop, and, if appropriate, adopt and implement any regulations deemed necessary with respect to businesses that sell or distribute medical marijuana. PART 2: EFFECTIVE DATES OF THE MORATORIUM. The moratorium imposed by this ordinance shall commence as of the date of the adoption of this ordinance, and shall expire on July 1, 2011 thereafter, unless sooner repealed. PART 3: EMERGENCY DECLARATION The Town Board of the Town of Fraser hereby finds, determines, and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public property, health, welfare, peace or safety. The Town Board further determines that the adoption of this ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Fraser. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 20 DAY OF APRIL, 2011. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO ATTEST: Published in the Middle Park Times on April 28, 2011. Fran Cook, Mayor