HomeMy Public PortalAboutOrdinance 411 Imposing a Temp Moratorium on the Submission, Acceptance, Processing & Approval of Any Application for a License or Permit Relaying to The Operation of a Business That Sells or Distributes Retail Marijuana Pursuant to the Authority Granted TOWN OF FRASER
ORDINANCE NO. 411
Series 2013
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION,
ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A
LICENSE OR PERMIT RELATING TO THE OPERATION OF A BUSINESS THAT SELLS
OR DISTRIBUTES RETAIL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED
BY ARTICLE XVIII, SECTION 16 OF THE COLORADO CONSTITUTION
WHEREAS, the sale of marijuana other than for medical purposes (commonly
referred to as "retail marijuana") was authorized and limited by Article XVIII, Section 16 of
the Colorado Constitution, adopted by the voters of the State of Colorado on November 6,
2012; and
WHEREAS, the Town of Fraser has no current land use or business regulation
governing the operation of a business cultivating, selling, or distributing retail marijuana
within the Town; and
WHEREAS, local governments may prohibit the operation of marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail
marijuana stores through the enactment of an ordinance or through an initiated or referred
measure; and
WHEREAS, the Board of Trustees of the Town of Fraser believes that it is important
to determine in more detail how the State manages retail marijuana licensing and
enforcement prior to establishing any local licensing procedures.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT:
1. Upon the adoption of this Ordinance a moratorium is imposed prohibiting application for
and operation of marijuana cultivation facilities, marijuana product manufacturing
facilities, marijuana testing facilities, or retail marijuana stores within the Town of
Fraser.
2. The moratorium imposed by this ordinance shall commence as of the date of the
adoption of this Ordinance, and shall expire on January 23, 2014.
3. The Town Board hereby finds, determines, and declares it has the power to adopt this
ordinance pursuant to: (i)the Local Government Land Use Control Enabling Act,
Section 29-20, C.R.S.; (ii) Section 31-23-2, C.R.S. concerning municipal zoning
powers; (iii) Section 31-15-103,
C.R.S. concerning municipal police powers; (iv) Section 31-15-401, C.R.S. concerning
municipal police powers; (v) Section 31-15-501, C.R.S. concerning municipal power to
regulate business; and (vi) Article XVIII, Section 16 of the Colorado Constitution,
authorizing a Locality to prohibit marijuana establishments.
SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance
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. The Town of Fraser
hereby declares that it would have adopted this Ordinance, 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.
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.
PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 17th DAY of JULY, 2013.
Votes in favor: BOARD OF TR ES OF THE
Votes opposed: TOW"FF R, 70
Votes abstained:
BY:
"CA
Pegg or
( SEAL ) _
Lu Berger, Town Cledl
Published in the Middle Park Times on July 25, 2013.