HomeMy Public PortalAboutOrdinance 390TOWN OF FRASER
ORDINANCE NO. 390
Series 2011
AN ORDINANCE AMENDING ORDINANCE NOS. 355, 357, 369, 376 and 379, BY
FURTHER 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,
TO ALLOW FOR THE INVESTIGATION OF THE TOWN'S REGULATORY AUTHORITY
OVER SUCH BUSINESSES AND 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, the Board of Trustees previously adopted and extended a
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, pursuant to Ordinance Nos. 355, 357, 369, 376 and 379; and
WHEREAS the 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 Board of Trustees and Planning Commission need to
establish appropriate regulations regarding medical marijuana centers, optional
premises cultivation operations, and medical marijuana- infused products manufacturers
in advance of processing any such applications; and
WHEREAS, The State legislature has extended the current State moratorium on
the issuance of new licenses to open /operate a medical marijuana dispensary until July
1, 2012; and
WHEREAS, a further extension of the moratorium is necessary to allow
consideration of the Town's regulatory role.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
Section 1: The moratorium provided in Ordinance No. 355, and extended by Ordinance
Nos. 357, 369, 376 and 379, 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 from the effective date of this
Ordinance to and including July 1, 2012, in order to allow the Town staff, Planning
Commission and Board of Trustees to investigate the Town's ability to regulate such
businesses, and to develop and implement any appropriate regulations deemed
necessary by the Board.
Section 2: The Board finds and determines that the duration of the moratorium imposed
by this ordinance is reasonable in length, and is no longer than is required for the Town
to property investigate develop, and, if appropriate, adopt and implement any regulations
deemed necessary with respect to businesses that sell or distribute medical marijuana.
Section 3: Declaration of Emergency; Effective Date. Because of the immediate
risk that inappropriate medical marijuana businesses might be permitted under
the existing laws and regulations, the Board of Trustees hereby finds,
determines, and declares that an emergency exists, that this Ordinance is
necessary for the immediate preservation of public peace, health, safety and
welfare, and that it shall be in full force and effect immediately upon adoption.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY BY THE
BOARD OF TRUSTEES AND SIGNED THIS 2nd DAY OF NOVEMBER, 2011.
Votes in Favor:
Votes opposed:
Votes Abstained:
(S E A L)
BY:
Published in the Middle Park Times on November 10 2011.
2
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
Fran Cook, Mayor
ATTEST:
U
Lu Berger, Town Cler