HomeMy Public PortalAboutResolution 2012-11-01 Approving the Application of Serene Wellness Fraser LLC DBA Serene Wellness for a Change of Location Permit TOWN OF FRASER
RESOLUTION NO. 2012-11-01
A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL
LICENSING AUTHORITY FOR THE TOWN OF FRASER, APPROVING THE
APPLICATION OF SERENE WELLNESS FRASER, LLC., DBA SERENE WELLNESS
FORA CHANGE OF LOCATION PERMIT FOR THE PREMISES 228 BYERS AVENUE,
FRASER, COLORADO.
WHEREAS, Serene Wellness Fraser, LLC., dba Serene Wellness (the "Applicant") filed
an application with the Town of Fraser for a Change Of Location Permit for the
premises located at 228 Byers Avenue, Fraser, Colorado; and
WHEREAS, a public hearing on said application was held on November 7, 2012,
following due and proper notice, in accordance with the Colorado Marijuana Code, C.R.S.
1243.3-302 et seq.; and
WHEREAS, the Board of Trustees, as the Local Licensing Authority, has carefully
considered said application and the evidence presented at the hearing, and hereby enters
the following decision regarding the application.
THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS:
1. There has not been a denial of an application by either the state or the local licensing
authority for the same class of medical marijuana license at the same location or a
location within 1,000 feet of the location for which this application is made within
the two (2) year period preceding the date of the application due to the nature of
the use or other concern related to the location.
2. The Applicant has submitted evidence that it is or will be entitled to possession of the
premises where the license is proposed to be exercised.
3. The premises are properly zoned for the activity which will occur therein, and the
premises is not located within any distance restrictions for separation of licensed
premises from any school, existing licensed day care facility, or existing licensed Medical
Marijuana Business, as established in the Fraser Municipal Code.
4. The Applicant has demonstrated by a preponderance of the evidence that all other
applicable requirements of the Colorado Medical Marijuana Code and the Fraser
Municipal Code for the issuance of a medical marijuana center license have been
satisfied or will be satisfied when such license is issued.
BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL LICENSING
AUTHORITY, HEREBY ORDERS that the application of Serene Wellness Fraser LLC, for a
medical marijuana center change of location license for the premises located at 228 Byers
Avenue, Fraser, Colorado, is hereby APPROVED, subject to the following conditions, which
must be satisfied by the Applicant within six (6) months from the date hereof or said approval
shall lapse:
a. Compliance with all applicable state requirements and receipt by the Town Clerk of
approval from the Colorado Department of Revenue Medical Marijuana Enforcement
Division for issuance of the license;
b. Satisfactory completion of any and all alterations and improvements to the licensed
premises required to comply with the Fraser building and development codes and
state and local medical marijuana regulations; and
c. Payment of all license and other applicable fees.
DULY MOVED, SECONDED, AND ADOPTED THIS 7t" DAY OF NOVEMBER, 2012.
TOWN OF FRASER BOARD OF
TRUSTEES, ACTING AS THE LOCAL
MEDICAL MARIJUANA LICENSING
AUTHORITr
BY: `
Peggy S w_ ayor
ATTE T:
L Berger, Town Cle
CERTIFICATE OF SERVICE
I hereby certify that I served the above and foregoing Resolution and decision of the Local
Licensing Authority upon the Applicant named therein by mailing the same by certified
mail, postage prepaid, thisAay of 2012 addressed as
follows:
Serene Wellness Fraser
LLC P.O. Box 331
Empire, CO 80438