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TC Ord. No. 2010-12 Amending the Avon Muni Code to prohibit business use of property and permit medical marijuana possession and use by medical marijuana patientsTOWN OF AVON, COLORADO ORDINANCE 10 -12 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Colorado Revised Statute §12- 43.3 -106 provides that the majority of the members of a governing board for a municipality may vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana- infused products manufactures' licenses; and WHEREAS, the Town Council finds that the regulation of land use is a matter of local concern; and WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on July 20, 2010, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before taking action to make a recommendation to the Town Council; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, the majority of the members of the Avon Town Council have voted to approve this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord 2010 -12 Medical Marijuana Business Pagel of 5 7 -22 -10 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. Amendment to Chapter 5.04 Business Registration. Section 5.04.025 Lawful Business — Denial — Revocation - Appeal of the Avon Municipal Code is hereby enacted to read as follows: "5.04.025 Lawful Business — Denial — Revocation - Appeal. The Town Clerk shall reject any business registration, reject a business registration annual update or revoke a business registration if the business or use of the property which the business occupies is not in compliance with all applicable laws, including local, state and federal laws. The business owner ( "Appellant ") may appeal the decision of the Town Clerk to the Town Council. The Appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Clerk, or designee, to deny or revoke a business registration. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Clerk's decision shall bar any further consideration of the application, shall bar any appeal to the Town Council, and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty -five (45) days after the date of receipt. The Town shall provide at least three (3) days prior notice to the Appellant stating the date, time and location where the Town Council will consider the appeal. The decision of the Town Council shall be in writing." Section 3. Amendment to Chapter 5.04 Business Registration. Section 5.04.045 Medical Marijuana Business Prohibited of the Avon Municipal Code is hereby enacted to read as follows: "5.04.045 Medical Marijuana Business Prohibited. Medical Marijuana Business, as defined in Section 17.08.517 of this Code and as may be amended or re- codified, is prohibited and unlawful in the Town of Avon." Section 4. Amendment to Chapter 9.16 Offenses Against Public Peace. Section 9.16.070 of Chapter 9.16 Offenses Against Public Peace. of the Avon Municipal Code is amended by repealing and re- enacting Section 9.16.070 in its entirety to read as follows: "It is unlawful for any person to possess, use or attempt to obtain or procure cannabis. Notwithstanding the foregoing, it shall not be unlawful and it shall be an affirmative defense to criminal prosecution under this section for a medical marijuana patient or primary care - giver, as defined in section 14 of article XVIII of the state constitution, to possess, use, and obtain medical marijuana, when such Ord 2010 -12 Medical Marijuana Business Page 2 of 5 7 -22 -10 medical marijuana patient or primary care -giver is fully and currently compliant with all applicable state laws, regulations, and licensing requirements concerning medical marijuana, provided that such possession or use is not displayed publicly or in a manner which can be seen by the general public, does not occur on property owned or possessed by the Town, and does not occur upon property without permission of the property owner." Section 5. Amendment to Chapter 17.08 Definitions. Chapter 17.08 Definitions of the Avon Municipal Code is amended by enacting the following language: "17.08.517 Medical Marijuana Business. Medical Marijuana Business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for Medical Marijuana Centers, manufacturing of Medical Marijuana- Infused Products, or Optional Premises, as such terms are defined by Colorado Revised Statute §12- 43.3 -104, as may be amended, regardless of whether any such use described herein is for profit or not for profit." Section 6. Amendment to Chapter 17.12 Administrative Provisions. Section 17.12.050 Interpretation — conflict with other laws. of the Avon Municipal Code is amended by enacting the following language: "(d) Any use of property which violates local, state or federal law is prohibited." Section 7. Amendment to Chapter 17.16 Zone Districts and Official Maps. Chapter 17.16 Zone Districts and Official Map. of the Avon Municipal Code is amended by enacting the following language: "17.16.025 Medical Marijuana Business Prohibited. Medical Marijuana Business is a prohibited use in all zone districts." Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. 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 Ord 2010 -12 Medical Marijuana Business Page 3 of 5 7 -22 -10 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 10. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 11. 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 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 13. 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. [signature page follows] Ord 2010 -12 Medical Marijuana Business Page 4 of 5 7 -22 -10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 13, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 27 N OF q�02 S A L Ronald C. Wolfe, Mayor Published by pos'f c Clerk at least seven public places in Town and posting at the office of the Town 1 action by the Town Council. 7T: APPR VED AS TO FORM: 7� atty cKenny, lerk Eric Heil, Town ttorney O APPROVED, AND ORDERED PUBLISHED BY POSTING on July OFq�• O,y 'S -E A. Published posting by tilt office of the Qlerk,.••' �O�ORADO� Ord 2010 -12 Medical Marijuana Business Page 5 of 5 7 -22 -10 PASSED ON SECOND READING, AND t least three public places in Town and posting by title at the r, HEIL LAW & PLANNING, LLC 0 MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: July 6, 2010 SUBJECT: Ordinance No. 10 -12 Prohibiting Medical Marijuana Summary: Ordinance No. 10 -12 amends the Avon Municipal Code to (1) prohibit business licenses for a "Medical Marijuana Business, "(2) prohibit the use of land for a Medical Marijuana Business, and (3) de- criminalize the possession of medical marijuana by medical marijuana patients. Town Council passed the first reading of Ordinance No. 10 -12 on July 13, 2010. The ordinance was referred to the Planning and Zoning Commission as required for amendments to text of the zoning code. The Planning and Zoning Commission conducted a public hearing and adopted a recommendation, which is discussed below. Background: Town Council enacted a 200 day moratorium on issuing any permits or licenses for medical marijuana dispensaries by the passage of Ordinance No. 10 -01. The moratorium imposed by Ordinance No. 10 -01 expires on August 8, 2010. The • Colorado Medical Marijuana Code was adopted in the last legislative session and became effective on July 1, 2010. The Colorado Medical Marijuana Code imposes a moratorium by the state on issuing licenses for Medical Marijuana Centers and Medical Marijuana- Infused Products Manufacturers until July 1, 2011. The Town Council previously provided direction to prepare an ordinance prohibiting medical marijuana businesses in the Town of Avon in response to the adoption of the Colorado Medical Marijuana Code. The Colorado Medical Marijuana Code includes a "local option" provision whereby a majority of the local governing body may vote to prohibit medical marijuana businesses. Legal Analysis: This ordinance defines Medical Marijuana Business broadly to encompass the definitions of "Medical Marijuana Center," "Medical Marijuana Infused Products Manufacturer," and "Optional Premises" as defined in the Colorado Medical Marijuana Code as well as include any use of property for cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, whether for profit or not - for - profit. Ordinance No. 10 -12 prohibits the issuance of a business licenses for medical marijuana related business and prohibits the use of land for a medical marijuana related business. Amendments to Chapter 9.16 provide that compliance with state licensing requirements is an affirmative defense for possession and use of medical marijuana by medical marijuana patients. This ordinance must be referred to the Planning and Zoning Commission because the ordinance proposes to amend the text of Title 17 • Zoning of the Avon Municipal Code. Heil Law & Planning, «C Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 ehell@ovon.org Town Council RE: Ordinance No. 10 -12 Prohibiting Medical Marijuana Businesses July 22, 2010 Page 2 of 2 Q The exemption in 9.16 for Offenses against Public Peace is expanded • p g p ded to Include the "primary care - giver" as well as "medical marijuana patient" to reflect the language in the Colorado Constitution. Colorado Constitution Article XVIII, §14. (4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful: (I) No more than two ounces of a usable form of marijuana; and (II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. (b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care -giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition. (5) (a) No patient shall: (I) Engage in the medical use of marijuana in a way that endangers the health or well- being of any person; or (II) Engage in the medical use of marijuana in plain view of, or in a place open to, the • general public. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission conducted a public hearing with regard to the text amendments to the zoning code. One public comment was received, which the draft minutes stated as follows: "Dominic Mauriello, 5601A Wildridge Road, commented that he feels there is misinformation being provided from the Town Staff. He stated that if the PZC feels that Medical Marijuana is appropriate in Town then the PZC has the opportunity to make that know at this time." The Planning and Zoning Commission took action to provide the following recommendation: "The Planning and Zoning Commission takes no position with regard to the Town Council Ordinance 10 -12, series of 2010, noting that Sections 5, 6, and 7 provide manageable language related to Title 17." Proposed Motion: "I move to approve second and final reading of Ordinance No. 10- 12 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS Thanks, Eric • J • TOWN OF AVON, COLORADO ORDINANCE 10 -12 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TO PROHIBIT BUSINESS USE OF PROPERTY AND PERMIT MEDICAL MARIJUANA POSSESSION AND USE BY MEDICAL MARIJUANA PATIENTS WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Colorado Revised Statute §12- 43.3 -106 provides that the majority of the members of a governing board for a municipality may vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana- infused products manufactures' licenses; and WHEREAS, the Town Council finds that the regulation of land use is a matter of local concern; and WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and • WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on July 20, 2010, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before taking action to make a recommendation to the Town Council; and 1� WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, the majority of the members of the Avon Town Council have voted to approve this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ord 2010 -12 Medical Marijuana Business Page 1 of 5 7 -22 -10 W4 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. Amendment to Chapter 5.04 Business Registration. Section 5.04.025 Lawful Business — Denial — Revocation - Appeal of the Avon Municipal Code is hereby enacted to read as follows: "5.04.025 Lawful Business — Denial — Revocation - Appeal. The Town Clerk shall reject any business registration, reject a business registration annual update or revoke a business registration if the business or use of the property which the business occupies is not in compliance with all applicable laws, including local, state and federal laws. The business owner ( "Appellant ") may appeal the decision of the Town Clerk to the Town Council. The Appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Clerk, or designee, to deny or revoke a business registration. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Clerk's decision shall bar any further consideration of the application, shall bar any appeal to the Town Council, and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty -five (45) days after the date of receipt. The Town shall provide at least three (3) days prior notice to the Appellant stating the date, time and location where the • Town Council will consider the appeal. The decision of the Town Council shall be in writing." Section 3. Amendment to Chapter 5.04 Business Registration. Section 5.04.045 Medical Marijuana Business Prohibited of the Avon Municipal Code is hereby enacted to read as follows: "5.04.045 Medical Marijuana Business Prohibited. Medical Marijuana Business, as defined in Section 17.08.517 of this Code and as may be amended or re- codified, is prohibited and unlawful in the Town of Avon." Section 4. Amendment to Chapter 9.16 Offenses Against Public Peace. Section 9.16.070 of Chapter 9.16 Offenses Against Public Peace. of the Avon Municipal Code is amended by repealing and re- enacting Section 9.16.070 in its entirety to read as follows: "It is unlawful for any person to possess, use or attempt to obtain or procure cannabis. Notwithstanding the foregoing, it shall not be unlawful and it shall be an affirmative defense to criminal prosecution under this section for a medical marijuana patient or primary care- giver, as defined in section 14 of article XVIII of the state constitution, to possess, use, and obtain medical marijuana, when such • Ord 2010 -12 Medical Marijuana Business Page 2 of 5 7 -22 -10 5 • medical marijuana patient or primary care -giver is fully and currently compliant with all applicable state laws, regulations, and licensing requirements concerning medical marijuana,-pa6e-FAs provided that such possession or use is not displayed publicly or in a manner which can be seen by the general public, that sueh use does not occur on property owned or possessed by the Town, and_ tha* seek tine does not occur upon property without permission of the property owner." Section 5. Amendment to Chapter 17.08 Definitions. Chapter 17.08 Definitions of the Avon Municipal Code is amended by enacting the following language: "17.08.517 Medical Marijuana Business. Medical Marijuana Business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for Medical Marijuana Centers, manufacturing of Medical Marijuana- Infused Products, or Optional Premises, as such terms are defined by Colorado Revised Statute §12- 43.3 -104, as may be amended, regardless of whether any such use described herein is for profit or not for profit." Section 6. Amendment to Chapter 17.12 Administrative Provisions. Section 17.12.050 Interpretation — conflict with other laws. of the Avon Municipal Code is amended by enacting the following language: "(d) Any use of property which violates local, state or federal law is prohibited." • Section 7. Amendment to Chapter 17.16 Zone Districts and Official Maps. Chapter 17.16 Zone Districts and Official Map. of the Avon Municipal Code is amended by enacting the following language: "17.16.025 Medical Marijuana Business Prohibited. Medical Marijuana Business is a prohibited use in all zone districts." Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. 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 • Ord 2010 -12 Medical Marijuana Business Page 3 of 5 7 -22 -10 It 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 10. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 11. 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 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, • entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 13. 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. [signature page follows] Ord 2010 -12 Medical Marijuana Business Page 4 of 5 7 -22 -10 • .' • INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 13, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 27, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on July 27, 2010. • Ronald C. Wolfe, Mayor • Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 2010 -12 Medical Marijuana Business Page 5 of 5 7 -22 -10 Tue, Jul 06, 2010 09:24:04 5269943 Acct: 1003066 Phone: (970)949 -4280 E -Mail: Client: Caller: Patty McKenny _Receipt • • Ad Name: 5269943A Editions: 8VD /8VD1/ Start: 07/07/10 Color: Ad Ticket #5 Name: Town of Avon Legals Address: PO BOX 975 Copyline: 5269943 Ordin No 10 -12 Marijuana Lines: 57 Depth: 4.69 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 17.82 Payment 0.00 City: Avon State: CO Original Id: 0 Class: 0990 Stop: 07/07/10 Zip: 81620 Issue 1 Rep: Pam Schultz TOWN OF AVON NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Awn Planning and Zoning Colull s ion and Iho Avon Town Council will holtl Public Hearings on "Ordinance No, 1412, Serlsa of 2010, First Rmding Ordinance Amendingg the AVOn Municipal Coda to Prohibit MWkal Nlarl�uana Buslnws Use of Property" on the Idlaving (kaas: Public Hearing at Plannin R Zoning Commission Meeting on Tuascay „hAy 20.2010 Pudic Hearing nt Tmvn Council Meeting on July 27,2010 The meetings begin al 5:30 p.m., and Ilia hearings will be Opped as soon as the matter InT be hoard. T1i0 mneeetings will be hoard In the Town Council Cambers ie 1he Avon w n Ton FLNI Building, One Lnke Street. Avon. Chang9es to Awn Murucidal Cale era prCposatl fa Title 5 (etrsiness Regisnnllal Chapter mc0.rctimJJ Section 5.04) and Tile 17 (Zadng Chapter fact t ng Sections 17,09. 17.12. 177.16) d- . You are hrvited to Ixafcipme In the public haering process by attanrling either d the 11w mostin99s a send comments via regi6nr mall, emNl a hand da- Wer to: Town Clerk Town of Avon PO Box 975 One Loke Street Avon. CO 81620 Patty McKelay. pnickennyQaval.arg. All written comments racolva d by 500 pan, on July 15th 2010 shall be Incnated In Iha Planning and Zoning Commission matarinl3 for their consldit, adon. All commants rocaivod by 5 pm on Julyy 22nd 2010 will be Included In the Town Counc il materials for their consideration end all comments become a pmt of Iho public record. Copies of the proposed claigas to the Awn kAt- nldpel Cosa. Tt 0 17 en I be found at the Town Clerk -s Office or contact Patty MCKenny at 970 -740 -4035. TOWN OF AVON, COLORADO BY:Pally WKeiay, Tmvn Clark Published In the VmI Dal yon Wednesday. July 7, 2010.152699431 Ad shown is not actual print size Ad ID 115269943 I Date 07/06/2010 TOWN OF AVON NOTICE OF PUBLIC HEARINGS • Notice is hereby given that the Avon Planning and Zoning Commission and the Avon Town Council will hold Public Hearings on "Ordinance No. 10 -12, Series of 2010, First Reading, Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property" on the following dates: Public Hearing at Planning & Zoning Commission Meeting on Tuesday, July 20, 2010 Public Hearing at Town Council Meeting on July 27, 2010 The meetings begin at 5:30 p.m., and the hearings will be opened as soon as the matter may be heard. The meetings will be heard in the Town Council Chambers at the Avon Town Hall Building, One Lake Street, Avon. Changes to Avon Municipal Code are proposed for Title 5 (Business Registration Chapter including Section 5.04) and Title 17 (Zoning Chapter includ- ing sections 17.08, 17.12, 17.16). You are invited to participate in the public hearing • process by attending either of the two meetings or send comments via regular mail, email or hand de- liver to: Town Clerk Town of Avon PO Box 975 One Lake Street Avon, CO 81620 Patty McKenny, pmckenny @avon.org. All written comments received by 5:00 p.m. on July 15th 2010 shall be included in the Planning and Zoning Commission materials for their consider- ation. All comments received by 5 pm on July 22nd 2010 will be included in the Town Council materials for their consideration and all comments become a part of the public record. Copies of the proposed changes to the Avon Mu- nicipal Code, Title 17 can be found at the Town Clerk's Office or contact Patty McKenny at 970 - 748 -4035. TOWN OF AVON, COLORADO BY: Patty McKenny, Town Clerk Published in the Vail Daily on Wednesday, July 7, 2010. (5269943) • Ad shown is not actual print size Time 9:23 AM • TOWN OF AVON NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Avon Planning and Zoning Commission and the Avon Town Council will hold Public Hearings on "Ordinance No. 10 -12, Series of 2010, First Reading, Ordinance Amending the Avon Municipal Code to Prohibit Medical Marijuana Business Use of Property" on the following dates: Public Hearing at Planning & Zoning Commission Meeting on Tuesday, July 20, 2010 Public Hearing at Town Council Meeting on July 27, 2010 The meetings begin at 5:30 p.m., and the hearings will be opened as soon as the matter may be heard. The meetings will be heard in the Town Council Chambers at the Avon Town Hall Building, One Lake Street, Avon. Changes to Avon Municipal Code are proposed for Title 5 (Business Registration Chapter including Section 5.04) and Title 17 (Zoning Chapter including sections 17.08, 17.12, 17.16). You are invited to participate in the public hearing process by attending either of the two meetings or send comments via regular mail, email or hand deliver to: Town Clerk Town of Avon PO Box 975 • One Lake Street Avon, CO 81620 Patty McKenny, pmckenny @avon.org. All written comments received by 5:00 p.m. on July 15th 2010 shall be included in the Planning and Zoning Commission materials for their consideration. All comments received by 5 pm on July 22nd 2010 will be included in the Town Council materials for their consideration and all comments become a part of the public record. Copies of the proposed changes to the Avon Municipal Code, Title 17 can be found at the Town Clerk's Office or contact Patty McKenny at 970 - 748 -4035. TOWN OF AVON, COLORADO BY: Patty McKenny, Town Clerk Published in the Vail Daily on Wednesday, July 7, 2010 • Patty McKenny 0 From: Patty McKenny Sent: Monday, July 05, 2010 3:35 PM To: 'Pam Schultz' Subject: Town of Avon Public Hearing Notice Attached:) Attachments: PHN Ord. 10 -12 Medical Marijuana.docx Please print in the Vail Daily on Wednesday, July 7, 2010. Please provide proof and cost. Thanks for your help! Pntf// Me eiri1!/ Assistant Town Manager- Management Services Town of Avon, Heart of the Valley w.970.748.4035 email: pmckenny @ovon.org website: www.avon.org is •