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
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($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.
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