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TC Ord. No. 2010-01 Imposing a Temp Moratorium on the submission,acceptance,processing and approval of application for TOA permit or License to Sell Medical MarijuanaTOWN OF AVON, COLORADO ORDINANCE NO. 10 -01 SERIES OF 2010 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A TOWN OF AVON PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE 18, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE TOWN'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE TOWN COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE TOWN REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW; AND DECLARING AN EMERGENCY WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ( "Article XVIII Section 14 ") which authorizes and limits the sale of medical marijuana for use in the treatment of debilitating medical conditions; and WHEREAS, the Town Council has been made aware that staff has received inquiries from persons that are interested in opening and operating businesses that would offer medical marijuana for sale; and WHEREAS, the Town has no current land use or business regulation governing the operation of businesses or cooperatives that offer medical marijuana for sale and /or distribution ( "Medical Marijuana Dispensaries ") except regulations which state that the Town may apply state and federal law where such are stricter than the laws of the Town of Avon; and WHEREAS, the Arapaho County Court recently ruled that home rule municipalities cannot enforce federal laws and cannot prohibit Medical Marijuana Dispensaries within their jurisdictions; and WHEREAS, the imposition of a two hundred (200) day moratorium on the submission, acceptance, processing, and approval of all applications for Town permits and licenses relating to the operation of Medical Marijuana Dispensaries will allow the Town staff and the Town Council to. investigate the Town's ability to regulate such businesses, and to develop and implement any appropriate regulations; and WHEREAS, a two hundred day (200) moratorium is a reasonable length of time and no longer than necessary for the Town to properly investigate, develop, and, if appropriate, adopt and implement any regulations with respect to Medical Marijuana Dispensaries; and WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by the imposition of such moratorium. Ord No 10 -01 Medical Marijuana Dispensary Moratorium Page 1 of 3 1 -11 -10 ejh ♦..` NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Findings and Intent. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council of the Town of Avon. Section 2. Imposition of Temporary Moratorium on Applications For Permits and Licenses Related to Businesses That Sell Medical Marijuana. Upon the adoption of this Ordinance a moratorium is imposed upon the submission, acceptance, processing, and approval of all applications for permits and licenses by the Town of Avon related to a Medical Marijuana Dispensary. The Town staff and the Town of Avon Planning Commission are directed to refuse to accept for filing, and not to process or review, any such new applications for such businesses during the moratorium period. Section 3. Staff To Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this Ordinance the Town staff, working with the Town Attorney, shall prepare appropriate regulations for Medical Marijuana for consideration by the Town Council Section 4. Police Power Finding. The Town Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Town of Avon and the inhabitants thereof. Section 5. Authority. The Town Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, 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 (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers contained in the Avon Home Rule Charter. Section 6. Emergency declared, Effective date, Expiration. Pursuant to Section 6.6 of the Avon Home Rule Charter, the Council finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety in order to prevent a person from filing an application for a Town permit or license relating to the operation of a Medical Marijuana Dispensary until the Town has had a reasonable opportunity to determine: (i) the extent of the Town's regulatory authority over such businesses; and (ii) what regulations, if any, should be imposed by the Town upon such businesses. Failure to immediately impose the moratorium provided for in this Ordinance will potentially allow acquisition of certain rights with respect to Medical Marijuana Dispensaries before the Town has had the reasonable opportunity to consider appropriate regulations thereof. The Town Council further determines that the adoption of this Ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Avon. This Ordinance shall be effective eight days after adoption in accordance with Section 6.6 of the Avon Home Rule Charter. The moratorium Ord No 10-01 Medical Marijuana Dispensary Moratorium Page 2 of 3 1 -11 -10 ejh imposed by this Ordinance shall commence on the effective date and shall expire two hundred (200) days thereafter, unless repealed prior to that date. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST AND FINAL READING WITH THE UNANIMOUS MINUS ONE VOTE OF THE COUNCIL MEMBERS PRESENT on January 12, 2010. Ord No 10 -01 Medical Marijuana Dispensary Moratorium Page 3 of 3 1-11-10 ejh r" c�'-` G Ronald C. Wolfe, Mayor APPROVED AS TO FORM: t Eric el , To n Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO WILL CONSIDER THE ADOPTION OF THE FOLLOWING EMERGENCY ORDINANCE ON THE 12TH DAY OF JANUARY 2010: TOWN OF AVON, COLORADO ORDINANCE NO. 10 -01 SERIES OF 2010 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A TOWN OF AVON PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE 18, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE TOWN'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE TOWN COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE TOWN REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW; AND DECLARING AN EMERGENCY Section 1. Emergency declared: Effective date; Expiration. Pursuant to Section 6.6 of the Avon Home Rule Charter, the Council finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety in order to prevent a person from filing an application for a Town permit or license relating to the operation of a Medical Marijuana Dispensary until the Town has had a reasonable opportunity to determine: (i) the extent of the Town's regulatory authority over such businesses; and (ii) what regulations, if any, should be imposed by the Town upon such businesses. Failure to immediately impose the moratorium provided for in this Ordinance will potentially allow acquisition of certain rights with respect to Medical Marijuana Dispensaries before the Town has had the reasonable opportunity to consider appropriate regulations thereof. The Town Council further determines that the adoption of this Ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Avon. This Ordinance shall be effective eight days after adoption in accordance with Section 6.6 of the Avon Home Rule Charter. The moratorium imposed by this Ordinance shall commence on the effective date and shall expire two hundred (200) days thereafter, unless repealed prior to that date. Section 2. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. A copy of said Ordinance is attached and on file at the office of the Town Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM — 5 PM. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado. TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk T ` ^4% POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 11, 2010: ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ AVON PUBLIC LIBRARY ✓ OFFICE OF TOWN CLERK TOWN OF AVON, COLORADO ORDINANCE NO. 10 -01 SERIES OF 2010 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A TOWN OF AVON PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE 18, SECTION 14 OF THE COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF THE TOWN'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE TOWN COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE TOWN REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW; AND DECLARING AN EMERGENCY WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ( "Article XVIII Section 14 ") which authorizes and limits the sale of medical marijuana for use in the treatment of debilitating medical conditions; and WHEREAS, the Town Council has been made aware that staff has received inquiries from persons that are interested in opening and operating businesses that would offer medical marijuana for sale; and WHEREAS, the Town has no current land use or business regulation governing the operation of businesses or cooperatives that offer medical marijuana for sale and/or distribution ( "Medical Marijuana Dispensaries ") except regulations which state that the Town may apply state and federal law where such are stricter than the laws of the Town of Avon; and WHEREAS, the Arapaho County Court recently ruled that home rule municipalities cannot enforce federal laws and cannot prohibit Medical Marijuana Dispensaries within their jurisdictions; and WHEREAS, the imposition of a two hundred (200) day moratorium on the submission, acceptance, processing, and approval of all applications for Town permits and licenses relating to the operation of Medical Marijuana Dispensaries will allow the Town staff and the Town Council to investigate the Town's ability to regulate such businesses, and to develop and implement any appropriate regulations; and WHEREAS, a two hundred day (200) moratorium is a reasonable length of time and no longer than necessary for the Town to properly investigate, develop, and, if appropriate, adopt and implement any regulations with respect to Medical Marijuana Dispensaries; and WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by the imposition of such moratorium. Ord No 10 -01 Medical Marijuana Dispensary Moratorium Page I of 3 1 -11 -10 ejh NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Findings and Intent. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council of the Town of Avon. Section 2. Imposition of Temporary Moratorium on Applications For Permits and Licenses Related to Businesses That Sell Medical Mariivana. Upon the adoption of this Ordinance a moratorium is imposed upon the submission, acceptance, processing, and approval of all applications for permits and licenses by the Town of Avon related to a Medical Marijuana Dispensary. The Town staff and the Town of Avon Planning Commission are directed to refuse to accept for filing, and not to process or review, any such new applications for such businesses during the moratorium period. Section 3. Staff To Investigate and Prepare Proposed Regulations. Before the expiration of the moratorium imposed by this Ordinance the Town staff, working with the Town Attorney, shall prepare appropriate regulations for Medical Marijuana for consideration by the Town Council Section 4. Police Power Finding. The Town Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Town of Avon and the inhabitants thereof. Section 5. Authority. The Town Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, 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 (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers contained in the Avon Home Rule Charter. Section 6. Emergency declared; Effective date; Expiration. Pursuant to Section 6.6 of the Avon Home Rule Charter, the Council finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety in order to prevent a person from filing an application for a Town permit or license relating to the operation of a Medical Marijuana Dispensary until the Town has had a reasonable opportunity to determine: (i) the extent of the Town's regulatory authority over such businesses; and (ii) what regulations, if any, should be imposed by the Town upon such businesses. Failure to immediately impose the moratorium provided for in this Ordinance will potentially allow acquisition of certain rights with respect to Medical Marijuana Dispensaries before the Town has had the reasonable opportunity to consider appropriate regulations thereof. The Town Council further determines that the adoption of this Ordinance as an emergency ordinance is in the best interest of the citizens of the Town of Avon. This Ordinance shall be effective eight days after adoption in accordance with Section 6.6 of the Avon Home Rule Charter. The moratorium Ord No 10 -01 Medical Marijuana Dispensary Moratorium Page 2 of 3 1 -11 -10 ejh imposed by this Ordinance shall commence on the effective date and shall expire two hundred (200) days thereafter, unless repealed prior to that date. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST AND FINAL READING WITH THE UNANIMOUS MINUS ONE VOTE OF THE COUNCIL MEMBERS PRESENT on January 12, 2010. ATTEST: Patty McKenny, Town Clerk Ord No 10 -01 Medical Marijuana Dispensary Moratorium Page 3 of 3 1 -11 -10 ejh Ronald C. Wolfe, Mayor APPROVED AS TO FORM: Eric Heil, Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO ADOPTED ON THE 12TH DAY OF JANUARY 2010 THE FOLLOWING ORDINANCE: Ordinance No. 10 -01, Series of 2010, Ordinance Declaring a Moratorium on Medical Marijuana Dispensaries for 200 days and Declaring an Emergency A copy of said Ordinance is attached and on file at the office of the Town Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM — 5 PM. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado. TOWN OF AVON, COLORADO BY: Patty McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 13, 2010 ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ AVON PUBLIC LIBRARY ✓ OFFICE OF TOWN CLERK