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HomeMy Public PortalAboutOrdinance 400 Amending Chapter 6, Article 5 The Code of The Town of Fraser, Colorado & Declaring an Emergency TOWN OF FRASER ORDINANCE NO. 400 Series 2012 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 5 OF THE CODE OF THE TOWN OF FRASER, COLORADO; AND DECLARING AN EMERGENCY. WHEREAS, the Fraser Board of Trustees, by Ordinance 396, adopted local regulations regarding the local licensing and operation of medical marijuana businesses in accordance with the Colorado Medical Marijuana Code, Section 12-43.3-106, C.R.S.; and WHEREAS, the Board of Trustees finds and determines that certain provisions in the adopted regulations for the licensing and operation of medical marijuana businesses need to be amended in order to protect and preserve the health, safety and welfare of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 6, Article 5 of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended as follows: [Note: additions are shown in bold underlined print; deletions are shown as striketh.-.,,,..h print]. 1.1 Section 6-5-10 (a) is amended as follows: Medical marijuana business means a medical marijuana center, optional GultivatieR or medical marijuana-infused products manufacturer for which a license is required under the MM Code and this Article. Medical marijuana business does not mean optional cultivation, as this is prohibited in the Town of Fraser. 1.2 Section 6-5-40 (e) (2) is amended as follows: question.The GUItivatmon of in *J . )Rly permitted when the prernises are equipped with a system that rerneves the ade.- ef the Fnarijuana being GUltivated se that the edein is not ApPFGval Of the edeF Femoval system by the Building red prier te any SubseGtiGR, whiGh determinatiOR shall be based upon the manu bwreir's% &r An-- engineer's design speGifiGatiens for the systern as they relate to the pinemises in 1.3 Section 6-5-50 (a) is amended as follows: A tax is imposed upon all retail sales of medical marijuana, medical marijuana paraphernalia and medical marijuana-infused products ewe sold within the Town by licensed medical marijuana businesses at the rate of five percent (5%) of the gross price paid by the purchaser, rounded off to the nearest penny. 1.4 Section 6-5-60 (c) (4) is amended as follows: Proof of ownership; or if the applicant is not the owner of the proposed location of the medical marijuana business, satisfactory proof that the applicant is or will be entitled to possession of the premises under a lease, rental agreement or other written agreement, including authorization to use the premises for the specific type of medical marijuana business for which the application is made; and 1.5 Section 6-5-60 (c) (e) is amended as follows: ...............If the application is approved, the applicant shall also pay an annual license fee for each licensed medical marijuana business operation in such amount as is established from time to time by the Board of Trustees and set forth in the Appendices to this Code. 1.6 Section 6-5-70 (a) is amended as follows: .....The Town or any of its departments or officials may visit and inspect the plant or property in which the applicant proposes to conduct business and may investigate the fitness to conduct such business of any person, the officers and directors of any corporation or the partners of any partnership applying for a license. 1.7 Section 6-5-90 (b) is amended as follows: Before entering a decision approving or denying the application for a license, the local licensing authority may consider, except where this Article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which the application has been made, including the number, type and availability of medical marijuana outlets 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. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars - 2 - ($1,000.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the immediate risk of inappropriate medical marijuana businesses, 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. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 5t" day of DECEMBER, 2012. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TO OF FWER, COLORADO Votes abstained: BY: Peg ith, Mayor A ,,TW: & A ( SEAL ) Lu Berger, Town CI k Published in the Middle Park Times on December 13, 2012. - 3 -