TC Ord. No. 25-07 Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of Natural Medicine Healing CentersAvon
COLORADO
ORDINANCE NO. 25-07
AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM
ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR AND/OR THE ESTABLISHMENT OF NATURAL MEDICINE
HEALING CENTERS AND BUSINESSES WITHIN TOWN LIMITS
WHEREAS, the Town of Avon, Colorado (Town) is duly organized and validly exists as a
Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town's Home
Rule Charter; and
WHEREAS, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public health, safety, and welfare;
and
WHEREAS, C.R.S. § 31-16-105 and the Avon Home Rule Charter § 6.6 authorize the
Town to enact and publish emergency ordinances; and
WHEREAS, Colorado voters adopted citizen initiated Proposition 122, which amended
Title 12 of the Colorado Revised Statues to include Article 170, now designated as the "Natural
Medicine Health Act of 2022" (NMHA); and
WHEREAS, the Colorado Natural Medicine Code (Regulatory Act), codified in C.R.S. §§
44-50-101 through 904 authorizes Town Council to enact ordinances regulating the time, place,
and manner of the operation of licenses issued pursuant to the Regulatory Act; and
WHEREAS, C.R.S. §§ 12-170-115 and 44-50-104 establish that the Town shall not adopt,
enact, or enforce any ordinance, rule, regulation, or resolution that is otherwise in conflict with the
provisions of the NMHA or the Regulatory Act.; and
WHEREAS, C.R.S. §§ 12-170-104(12)(a)(I)-(II) and 44-50-103(13)(a)(I)-(II) establish
that the term "natural medicine" currently applies to psilocybin and psilocin; in the event the
substances to which the term "natural medicine" applies is expanded this temporary moratorium
shall apply thereto; and
WHEREAS, C.R.S. §§ 12-170-104(8) and 44-50-103(6) define "healing center" as a
facility licensed by the state licensing authority that permits a facilitator to provide and supervise
natural medicine services for a participant; and
WHEREAS, C.R.S. § 44-50-103(14) defines "natural medicine business" as "a natural
medicine healing center, a natural medicine cultivation facility, a natural medicine products
Ord 25-07: TEMPORARY MORATORIUM - NATURAL MEDICINE HEALING CENTERS AND BUSINESSES
02/25/2025
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manufacturer, a natural medicine testing facility, or another licensed entity created by the state
licensing authority;" and
WHEREAS, the Town's Municipal Code (Code) contains Land Use and Development
standards enacted to protect the health, safety, and welfare of residents of the Town; and
WHEREAS, under the Town's current Land Use and Development standards, the
operation of natural medicine healing centers and natural medicine businesses are not permitted
land uses and the Town has not approved any such land use; and
WHEREAS, the Town does not currently have any zoning regulations addressing natural
medicine healing centers and natural medicine businesses; and
WHEREAS, DORA and CDOR have now issued regulations pertaining to the NMHA and
the Regulatory Act and the Town requires an appropriate amount of time to thoroughly review
such regulations to determine what, if any, local regulations need to be adopted by the Town; and
WHEREAS, the Town requires additional time to prepare and propose for adoption any
and all local regulations deemed necessary within its authority including, but not limited to, time,
place, and manner of operation regulations for natural medicine healing centers and natural
medicine businesses; and
WHEREAS, the six (6) month temporary moratorium imposed by this Ordinance is
intended to prevent the establishment and operation of natural medicine healing centers and natural
medicine businesses in the Town on a temporary basis in order to allow the Town to analyze and
apply the state of the law and regulations, to draft appropriate local ordinances, and to allow public
comment prior to adoption of any such ordinance; to ensure that prospective operators and owners
of natural medicine healing centers and natural medicine businesses are able to make business and
investment decisions with sufficient knowledge of local ordinances surrounding natural medicine;
and in order to promote the health, safety, and general welfare of the Avon community; and
WHEREAS, the six (6) month temporary moratorium imposed by this Ordinance also
prevents the submission, acceptance, processing, and approval of applications for the
establishment of a natural medicine healing center or natural medicine business in the Town; and
WHEREAS, the Town fmds and determines that this Temporary Moratorium is necessary
for the immediate preservation of public health, safety, and welfare and this Ordinance shall
become effective upon adoption as authorized by C.R.S. § 31-16-105 and the Avon Home Rule
Charter § 6.6.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Temporary Moratorium.
(a) Restrictions. During the effective term of this Ordinance, there shall be no
establishment or operation of natural medicine healing centers and natural medicine
businesses in the Town nor shall the submission, acceptance, processing, or approval
of applications for the establishment or operation of a natural medicine healing center
or natural medicine business be permitted in the Town. For purposes of this Temporary
Moratorium, the terms natural medicine, natural medicine healing center, natural
medicine business, and the like are as defined by Colorado Revised Statutes and any
applicable and authorized regulations.
(b) Termination. This moratorium shall terminate on the 25 day of August, 2025 unless it
is terminated at an earlier date or extended by further Ordinance by the Avon Town
Council.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Emergency Declaration. Pursuant to C.R.S. § 31-16-105 and the Avon Home Rule
Charter § 6.6, the Town Council hereby finds, determines, and declares that an emergency exists
and that this Ordinance is necessary for the immediate preservation of the public health, safety,
and welfare of the Town because an analysis must be conducted on the impact on Town residents,
property owners, workforce, visitors, and customers concerning the state law and regulations
concerning Natural Medicine and the manner in which it should be regulated in the Town of Avon
as permitted by law and any local ordinance surrounding the same must be clear and consistently
applied among all residents and property owners without any gaps in enforcement or
implementation and, therefore, this Ordinance must be passed as an Emergency Ordinance.
Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption
pursuant to Avon Town Charter § 6.6.
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Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. Publication by PostinE. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING by the Avon Town Council on
February 25, 2025.
BY: ATTEST: �o��A OFq1,�
.ti
A 'F
mra N. Underwood, Mayor Miguel Jau eg Casanueva, win Clerk
APP VE AS ORM:
tNly
NC'�J
Nina W lli s, Town orney
Ord 25-07: TEMPORARY MORATORIUM - NATURAL MEDICINE HEALING CENTERS AND BUSINESSES
02/25/2025
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