1 BY AUTHORITY

2ORDINANCE NO. _____ COUNCIL BILL NO. 10-1003

3SERIES OF _______ COMMITTEE OF
4 REFERENCE:
5 Special Issues
6
7 A BILL
8
9 For an ordinance adopting a new Article XII of Chapter 24, Denver Revised
10 Municipal Code, in order to establish local licensing procedures and requirements for
11 medical marijuana centers, medical marijuana-infused products manufacturers, and
12 optional premises cultivation licenses.
13
14
15BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
16
17 Section 1. That a new Article XII shall be added to Chapter 24, D.R.M.C., to read as
18follows:
19
20 ARTICLE XII
21
22 DENVER MEDICAL MARIJUANA CODE
23
24
25 Sec. 24-501. Purpose and legislative intent.
26
27 The Colorado Medical Marijuana Code, Article 43.3 of Title 12, C.R.S., (the
28 CMMC) affords to counties and municipalities the local option to determine whether
29 or not to allow and to license certain medical marijuana businesses within their
30 respective jurisdictions. The purpose of this Article XII is to affirmatively authorize
31 such licensing in the City and County of Denver as provided in § 12-43.3-301 (2)(a),
32 C.R.S., as amended, and to establish specific standards and procedures for local
33 licensing of medical marijuana centers, medical marijuana infused products
34 manufacturers, and optional premises medical marijuana cultivation operations.
35 Furthermore, this Article XII is intended to exercise the authority granted by the
36 CMMC for the city to adopt licensing requirements that are, in some cases,
37 supplemental to or stricter than the requirements set forth in state law.
38
39
40 Sec. 24-502. Defined terms.
41
42 The definitions set forth in the CMMC, § 12-43.3-104, C.R.S., as amended,
43 shall apply equally to this Article XII. In addition, the following terms shall have the
44 meanings respectively assigned to them:
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4 (1) “Alcohol or drug treatment facility” means any facility located within a medical
5 office or hospital, as these terms are defined by the zoning code, with the primary
6 purpose of counseling or providing medical services to patients who suffer from
7 addictions to alcohol or drugs.
8
9 (2) “Child care establishment” means any child care establishment as defined by
10 and regulated under Chapter 11 of the city code.
11
12 (3) “Department” means the Denver department of excise and licenses.
13
14 (4) “Director” means the director of the Denver department of excise and licenses.
15
16
17 Sec. 24-503. Effective date; applicability.
18
19 (a) Effective date. On and after July 1, 2011 it shall be unlawful to operate
20 any business in Denver for which a license is required under the CMMC without first
21 having obtained a local license under this Article XII and a state license under the
22 state code.
23
24 (b) Previous dispensary licenses. Any medical marijuana dispensary
25 license previously issued by the director under the authority of Article XI of this
26 Chapter 24 shall expire and shall be of no further force and effect as of July 1, 2011.
27
28 (c) Receipt of applications for new licensing. At such time as application
29 forms are made available by the state licensing authority, the director shall begin to
30 receive and process applications for licensing under the CMMC and this Article XII.
31
32 (d) Prohibition on new medical marijuana businesses prior to July 1, 2011.
33 It shall be unlawful for any person to commence operation of any business of selling,
34 offering for sale, distributing, cultivating or manufacturing medical marijuana prior to
35 July 1, 2011 unless the person had applied for a license or permit from the city on or
36 before July 1, 2010 in accordance with section 24-411, had applied for state
37 licensing on or before August 1, 2010 in accordance with § 12-43.3-103 (1)(b),
38 C.R.S., and was otherwise fully in compliance with the requirements of Article XI of
39 this Chapter and the CMMC.
40
41 (e) No entitlement or vested right to licensing. No person shall be deemed
42 to have any entitlement or vested right to licensing under this Article XII or the
43 CMMC by virtue of having received any prior license or permit from the city including,
44 by way of example, any medical marijuana dispensary license, any zoning permit,
45 any wholesale food manufacturer’s license, or any sales tax license. In order to
46 lawfully engage in the business of selling, cultivating, or manufacturing medical
47 marijuana in the city on and after July 1, 2011, any person must qualify for and
48 obtain a license in accordance with the requirements of this Article XII and the
49 CMMC.
50
51 (f) No intent to regulate primary care-givers. This Article XII is not
52 intended to regulate the possession, cultivation, manufacturing, sale, offer for sale,
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 1 or distribution of marijuana by persons who may qualify as primary care-givers within
2 the meaning of Article XVIII, Section 14 of the Colorado Constitution and applicable
3 state statutes governing the conduct of primarycare-givers.
4
5
6 Sec. 24-504. Relationship to Colorado Medical Marijuana Code; other laws.
7
8 Except as otherwise specifically provided herein, this Article XII incorporates
9 the requirements and procedures set forth in the CMMC. In the event of any conflict
10 between the provisions of this Article XII and the provisions of the CMMC or any
11 other applicable state or local law, the more restrictive provision shall control.
12
13
14 Sec. 24-505. Designation of local licensing authority.
15
16 In accordance with § 12-43.3-104 (5), C.R.S., as amended, and § 2.7.1 of the
17 Denver Charter, the director of the department of excise and licenses is designated
18 as the local licensing authority for purposes of administering the CMMC and this
19 Article XII. The director is authorized to appoint one or more hearing officers to
20 conduct such hearings as may be required under the CMMC or this Article XII, to
21 consult with the director with respect thereto, and to certify the record or a summary
22 thereof as required by the director along with the hearing officer’s recommended
23 findings, conclusions and decision. Any party to such hearing shall have an
24 opportunity to file with the director written objections to any such summary, and to
25 the recommended findings, conclusions and decisions of the hearing officer, prior to
26 the director's decision thereon.
27
28
29
30 Sec. 24-506. Classes of licensing authorized.
31
32 For the purpose of regulating the cultivation, manufacture, distribution,
33 offering for sale, and sale of medical marijuana, the director in the director’s
34 discretion, upon application in the prescribed form made to the director, may issue
35 and grant to the applicant a local license from any of the following classes, subject to
36 the provisions and restrictions provided in this Article XII and the CMMC:
37
38 (a) Medical marijuana center license;
39
40 (b) Optional premises cultivation license;
41
42 (c) Medical marijuana-infused products manufacturing license.
43
44
45 Sec. 24-507. Licensing requirements—provisions applicable to all licenses.
46
47 (a) Criteria for licensing; waiver of public hearings. The director shall
48 consider and act upon all local license applications in accordance the standards and
49 procedures set forth in the CMMC and this Article XII; provided, however, no public
50 hearing shall be required for any class of licensing pursuant to § 12-43.3-302,
51 C.R.S., as amended, and the director’s decision to grant or deny a license shall be
52 made solely upon the results of the director’s investigation and findings pursuant to
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 1 section 12-43.3-302, C.R.S., as amended. The director shall deny any application
2 for a license that is not in full compliance with the CMMC, this Article XII, and any
3 other applicable state or city law or regulation. The director shall also deny any
4 application that contains any false or incomplete information.
5
6 (b) Application forms and supplemental materials. All applications for local
7 licensing shall be made upon forms provided by the state, and shall include such
8 supplemental materials as required by the CMMC and rules adopted pursuant
9 thereto, including by way of example: proof of possession of the licensed premises,
10 disclosures related to ownership of the proposed business, fingerprints of the
11 applicants, building plans, and security plans. The director may, at the director’s
12 discretion, require additional documentation associated with the application as may
13 be necessary to enforce the requirements of the CMMC and this Article XII.
14
15 (c) Notice of applications to departments and agencies. Upon receipt of an
16 application for any class of local license, the director shall give notice of the
17 application to the Department of Community Planning and Development, the
18 Department of Finance, the Department of Environmental Health, the Denver Police
19 Department, and the Denver Fire Department. Any applicant for a license under this
20 Article XII shall obtain any and all necessary permits, licenses and other regulatory
21 approvals from the other affected city departments and agencies prior to the
22 issuance of a license under this Article XII.
23
24 (b) Background checks and determination of good character. Prior to the
25 issuance of any local license, the director shall make a finding and determination as
26 to the good moral character of the applicant in accordance with the standards and
27 procedures set forth in the CMMC. In so doing, the director may incorporate any
28 findings as to good character previously made by the state licensing authority, and
29 shall not be required to perform a criminal background check if the state licensing
30 authority has already performed a criminal background check on the applicant.
31
32
33 Sec. 24-508. Licensing requirements—medical marijuana centers.
34
35 In addition to the requirements set forth in the CMMC, the following
36 requirements shall apply to the issuance of any local license for a medical marijuana
37 center:
38
39 (a) Tax bond. Before the director issues a local license to an applicant for a
40 medical marijuana center license, the applicant shall procure and file with the city
41 evidence of good and sufficient bond in the amount of five thousand dollars
42 ($5,000.00) with corporate surety thereon duly licensed to do business with the state
43 of Colorado, approved as to form by the city attorney, and conditioned that the
44 applicant shall report and pay all city sales and use taxes as provided by law. A
45 corporate surety shall not be required to make payments to the city claiming under
46 such bond until a final determination of failure to pay taxes due to the city has been
47 made by the Manager of Finance or a court of competent jurisdiction. All bonds
48 required pursuant to this subsection shall be renewed at such times as the
49 bondholder’s license is renewed. The renewal may be accomplished though a
50 continuation certificate issued by the surety.
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 1 (b) Area maps. All applications for medical marijuana center licensing submitted
2 pursuant to this Article XII shall include an area map drawn to scale indicating land uses of
3 other properties within a 1000-foot radius of the property upon which the applicant is
4 seeking a license. The map shall depict the proximity to the property to any school or child
5 care establishment; to any other medical marijuana center; to any alcohol or drug treatment
6 facility; or to any residential, MS-2x, or MX-2x zone district.
7
8 (c) Prohibited locations. No medical marijuana center license shall be issued
9 for the following locations:
10
11 (1) In any residential zone district as defined by the zoning code of the city,
12 in any MS-2x or MX-2x zone district as defined by the zoning code of the city, or in
13 any location where retail sales are prohibited by the zoning code or by any ordinance
14 governing a planned unit development.
15
16 (2) Within one thousand (1,000) feet of any school or child care
17 establishment, with the distance computed by direct measurement from the nearest
18 property line of the land used for school or child care purposes to the nearest portion
19 of the building in which the medical marijuana dispensary is located, using a route of
20 direct pedestrian access. This restriction shall not apply to any location where the
21 same applicant submitted a license application for a medical marijuana dispensary
22 under Article XI of this Chapter 24 prior to March 1, 2010, was exempt from the
23 spacing requirements set forth in Article XI, and subsequently received a license
24 under Article XI.
25
26 (3) Within one thousand (1,000) feet of any other medical marijuana center
27 licensed premises or of any premises licensed under Article XI of this Chapter 24,
28 with the distance computed by direct measurement from the nearest portion of the
29 building in which one center is located to the nearest portion of the building in which
30 the other center is located, using a route of direct pedestrian access. This restriction
31 shall not apply to any location where the same applicant submitted a license
32 application for a medical marijuana dispensary under Article XI of this Chapter 24
33 prior to March 1, 2010, was exempt from the spacing requirement set forth in Article
34 XI, and subsequently received a license under Article XI.
35
36 (4) Within one thousand (1,000) feet of any alcohol or drug treatment facility.
37 The thousand-foot distance shall be computed by direct measurement from the
38 nearest property line of the land used for alcohol or drug treatment facility purposes
39 to the nearest portion of the property upon which the medical marijuana center
40 license is proposed to be located, using a route of direct pedestrian access.
41
42 (5) a. Notwithstanding the prohibition against licensing in any MX-2x
43 or MS-2x zone district as set forth in paragraph (1) of this subsection (c) or the
44 prohibition against licensing within 1000 feet of an alcohol or drug treatment
45 facility as set forth in paragraph (4) of this subsection (c), prior to July 1, 2011
46 only a medical marijuana center license may be issued in these prohibited
47 locations if and only if the applicant meets the following requirements:
48
49 1. A medical marijuana dispensary license was applied for pursuant to Article
50 11 of this Chapter 24 upon the same zone lot on or before July 1, 2010;
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 1 2. The applicant previously applied for a medical marijuana center license
2 upon the same zone lot with the state medical marijuana licensing
3 authority on or before August 1, 2010 in accordance with section 12-43.3-
4 103 (1)(b), C.R.S; and
5
6 3. The applicant can produce to the satisfaction of the director documentary
7 or other empirical evidence that the applicant had in fact commenced the
8 sale of medical marijuana on the zone lot prior to January 1, 2011.
9
10
11b. Any medical marijuana center license exempted from the prohibition
12against licensing in any MX-2x or MS-2x zone district or the prohibition against licensing
13within one thousand (1000) feet of an alcohol or drug treatment facility as set forth in
14sub-paragraph a. of this paragraph (5) shall be subject to a public hearing prior to any
15renewal of the license. The director shall assign a hearing officer to conduct the public
16hearing as provided in section 24-505. The hearing shall not be conducted until the
17director has posted a notice of hearing on the licensed premises in the manner
18described in section 12-43.3-302 (2), C.R.S. for a period of ten (10) days, and provided
19notice to each of the following at least ten (10) days prior to the hearing: the licensee;
20the city council representative for the district in which the licensed premises is located;
21and any registered neighborhood association entitled to receive notice as provided in
22section 12-96. At the public hearing, the incumbent licensee and any other interested
23party shall be entitled to speak and present evidence supporting or opposing renewal of
24the license in the subject location. The hearing officer shall receive and give due
25consideration to any evidence or testimony submitted by the city council member
26representing the district in which the licensed premises are located, either in support or
27opposition to the renewal of the license. The medical marijuana center license shall be
28eligible for renewal in its current location unless it is shown by a preponderance of the
29evidence presented at the hearing that:
30
31 1. The existence of the medical marijuana center on the licensed
32 premises has frustrated the implementation of the city’s comprehensive
33 plan and any adopted neighborhood plan applicable to the subject
34 property;
35
36 2. The existence of the medical marijuana center on the licensed
37 premises has negatively affected nearby properties or the
38 neighborhood in general, including by way of example any adverse
39 effects caused by excessive noise, odors, vehicular traffic, or any
40 negative effects on nearby property values;
41
42 3. The existence of the medical marijuana center has caused crime
43 rates to increase in the surrounding neighborhood; or
44
45 4. The continued existence of a licensed medical marijuana
46 center in the subject location will have a deleterious impact on public
47 health, safety and the general welfare of the neighborhood or the city.
48
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 1 (6) The spacing requirements set forth in paragraphs (2), (3) and (4) of this
2subsection (c) shall be enforced in lieu of the spacing requirements set forth in the CMMC,
3§ 12-43.3-308 (1)(d)(I), C.R.S. as amended.
4
5
6 (b) Off-site delivery of product by licensee prohibited. All sales and
7 distribution of medical marijuana by a licensed medical marijuana center shall occur
8 only upon the licensed premises, and the licensee shall be strictly prohibited from
9 delivering medical marijuana to any person at any other location. Nothing herein
10 shall preclude a primary care-giver from purchasing medical marijuana on behalf of a
11 patient at a licensed medical marijuana center and delivering the medical marijuana
12 to a homebound patient in accordance with § 25-1.5-106 (7)(d) and (e), C.R.S., as
13 amended.
14
15 (c) Signs and advertising. Any person or premises licensed as a medical
16 marijuana center shall comply with all city ordinances regulating signs and
17 advertising. In addition, no licensed medical marijuana center shall use any
18 advertising material that is misleading, deceptive, or false, or that, as evidenced
19 either by the content of the advertising material or by the medium or the manner in
20 which the advertising is disseminated, is designed to appeal to minors.
21
22
23 Sec. 24-509. Licensing requirements—medical marijuana-infused products
24 manufacturing license.
25
26 In addition to the requirements set forth in the CMMC, the following
27 requirements shall apply to the issuance of any local license for medical marijuana-
28 infused products manufacturing:
29
30 (a) Compliance with zoning; grandfathering of existing locations. A local
31 license for medical marijuana infused products manufacturing may be issued for any
32 zone lot where “food preparation and sales” or “manufacturing, fabrication and
33 assembly, general” is permitted by the Denver zoning code. Any zone lot where any
34 person qualified as a “locally approved” medical marijuana-infused product
35 manufacturer as of July 1, 2010 in accordance with section 24-411 (c) and the
36 CMMC may also qualify for licensing under this section provided such manufacturing
37 is considered a compliant or non-conforming use in that location under the zoning
38 code .
39
40 (b) Sanitation, product labeling, and public health standards. Sanitary
41 standards for medical marijuana marijuana-infused products manufacturing shall be
42 as provided by the CMMC and any other applicable state laws and regulations. Any
43 and all medical marijuana products packaged by a licensed medical marijuana
44 manufacturer shall be labeled in accordance with state law.
45
46
47 Sec. 24-510. Licensing requirements—optional premises cultivation licenses.
48
49 In addition to the requirements set forth in the CMMC, the following
50 requirements shall apply to the issuance of any local license for an optional premises
51 cultivation license:
52
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2 (a) Compliance with current zoning.
3
4 (1) A local optional premises cultivation license may be issued in any zone district
5 where, at the time of application for the license, plant husbandry is authorized as a
6 permitted use under the zoning code.
7
8
9 (2) Notwithstanding the requirement set forth in paragraph (1) of this subsection (a),
10 prior to July 1, 2011 only, an optional premises cultivation license may be issued in a
11 location where plant husbandry is not a permitted use but is already occurring as a
12 complaint or non-conforming use under the zoning code, if and only if the applicant meets
13 the following requirements:
14
15 a. A zoning permit for plant husbandry was applied for upon the same
16 zone lot on or before July 1, 2010;
17
18 b. The applicant previously applied for an optional premises cultivation
19 license upon the same zone lot with the state medical marijuana licensing
20 authority on or before August 1, 2010 in accordance with section 12-43.3-
21 103 (1)(b), C.R.S; and
22
23 c. The applicant can produce to the satisfaction of the director
24 documentary or other empirical evidence that the applicant had in fact
25 commenced the cultivation of medical marijuana on the zone lot prior to
26 January 1, 2011.
27
28 (3) Any optional premises cultivation licenses granted pursuant to paragraph (a)
29 (2) of this section upon a zone lot where plant husbandry is not a permitted use under
30 the zoning code shall be subject to a public hearing prior to any renewal of the license.
31 The director shall assign a hearing officer to conduct the public hearing as provided in
32 section 24-505. The hearing shall not be conducted until the director has posted a
33 notice of hearing on the licensed premises in the manner described in section 12-43.3-
34 302 (2), C.R.S. for a period of ten days, and provided notice to each of the following at
35 least ten days prior to the hearing: the licensee; the city council representative for the
36 district in which the licensed premises is located; and any registered neighborhood
37 association entitled to receive notice as provided in section 12-96. At the public
38 hearing, the incumbent licensee and any other interested party shall be entitled to
39 speak and present evidence supporting or opposing renewal of the license in the
40 location where plant husbandry is not a permitted use. The hearing officer shall receive
41 and give due consideration to any evidence or testimony submitted by the city council
42 member representing the district in which the licensed premises are located, either in
43 support or opposition to the renewal of the license. The optional premises cultivation
44 license shall be eligible for renewal in its current compliant or non-conforming location
45 unless it is shown by a preponderance of the evidence presented at the hearing that:
46
47 a. The existence of the medical marijuana cultivation on the
48 licensed premises has frustrated the implementation of the city’s
49 comprehensive plan and any adopted neighborhood plan
50 applicable to the subject property;
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 1 b. The existence of the medical marijuana cultivation operation on
2 the licensed premises has negatively affected nearby properties or
3 the neighborhood in general, including by way of example any
4 adverse effects caused by excessive noise, odors, vehicular traffic,
5 or any negative effects on nearby property values;
6
7 c. The existence of the medical marijuana cultivation operation has
8 caused crime rates to increase in the surrounding neighborhood; or
9
10 d. The continued existence of a licensed medical marijuana
11 cultivation operation in the subject location will have a deleterious
12 impact on public health, safety and the general welfare of the
13 neighborhood or the city.
14
15 (b) Provisions related to cross-jurisdictional licensing. Any applicant for a
16 medical marijuana center license or a medical marijuana-infused products license in
17 Denver may obtain an optional premise cultivation license in a jurisdiction other than
18 Denver and shall provide proof of such licensing to the director.
19
20
21 Sec. 24-511. Transfer of ownership.
22
23 (a) In general. Transfer of ownership of any license issued pursuant to this
24 Article XII shall be governed by the standards and procedures set forth in the CMMC
25 and any regulations adopted pursuant thereto.
26
27 (b) Medical marijuana center licenses. Any transfer of ownership of a
28 medical marijuana center license shall not affect any exemption that the licensed
29 premises may enjoy from the spacing or other location restrictions set forth in
30 section 24-508 (c).
31
32 (c) Medical marijuana-infused products manufacturing license. Any
33 transfer of ownership of a medical marijuana-infused products manufacturing
34 license shall not affect the ability of the new owner to continue to operate under
35 the transferred license in a compliant or non-conforming location as allowed by
36 section 24-509 (a).
37
38 (d) Cultivation licenses. Any optional premises cultivation license issued
39 pursuant to section 24-510 (a)(2) in a location where plant husbandry is not a
40 permitted use under the zoning code shall not be transferable to a new owner in
41 that location unless the applicant for the transfer proves to the satisfaction of the
42 director that:
43
44 (1) The transfer of ownership is required due to extraordinary
45 circumstances forcing the incumbent licensee to divest its interest in the
46 existing optional premises cultivation operation including, by way of
47 example, death, divorce, bankruptcy, court order, or any force majeure
48 that may prevent the incumbent licensee from continuing to operate in the
49 subject location;
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 1 (2) The transfer or ownership is required due merely to corporate
2 restructuring or any other change in the legal structure of the incumbent
3 owner and licensee; or
4
5 (3) The transfer of ownership is required because the medical marijuana
6 center or the medical marijuana-infused products manufacturing license
7 with which the optional premises cultivation license is associated is being
8 transferred to a new owner.
9
10
11 Sec. 24-512. Change of location; modification of premises.
12
13 Change of location of any location premises or any modification of the
14 premises shall be governed by the standards and procedures set forth in the CMMC
15 and any regulations adopted pursuant thereto. Any proposed modification and any
16 new location to which an existing licensed business is transferred shall fully comply
17 with the spacing requirements and the requirements for conformance with current
18 zoning as set forth in sections 24-508, 24-509, or 24-510 of this Article XII.
19
20
21 Sec. 24-513. Term of licenses; renewals
22
23 Any local license issued pursuant to this Article XII shall be valid for a period
24 of two years from the date of issuance. Any renewal of the license shall be governed
25 by the standards and procedures set forth in the CMMC and any regulations adopted
26 pursuant thereto, subject to any additional restrictions on renewal for certain classes
27 of licenses in certain locations as provided in this Article XII.
28
29
30 Sec. 24-514. Disciplinary actions; sanctions; penalties.
31
32 Procedures for suspension or revocation of licenses issued pursuant to this
33 Article XII and other fines, sanctions and penalties shall be as provided in the CMMC
34 and any regulations adopted pursuant thereto.
35
36
37
38 Section 2. That section 32-93, D.R.M.C., shall be repealed and re-enacted to read as
39follows:
40
41 Sec. 32-93. Medical marijuana licensing.
42
43 Application and license fees for medical marijuana centers, medical
44 marijuana-infused products manufacturing, and medical marijuana
45 optional premises cultivation licenses are as follows:
46
47 (1) Application fees:
48
49 Medical marijuana center: $2,000
50 Medical marijuana infused products manufacturer: $2,000
51 Optional premises cultivation license: $2,000
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 1 (2) Criminal background check fee, per person checked : Actual costs
2
3 (3) License fee, per year: $3,000 for all classes of licenses
4
5 (4) Transfer of ownership: $100, plus cost of background check.
6
7 (5) Transfer of location: $750
8
9 (6) Modification of premises: $150
10
11
12
13 Section 3. That paragraph 21 of subsection (c) of section 37-50, D.R.M.C. shall be
14amended by deleting the language stricken and adding the language underlined, to read as
15follows:
16
17 Sec. 39-50. Definitions.
18
19 (c) Public Nuisance, Class one (1): Any parcel of real property, personal
20 property, or motor vehicle on or in which any of the following illegal activity occurs, or
21 which is used to commit, conduct, promote, facilitate, or aid the commission of or
22 flight from any of the following activities. For purposes of this section, the illegal
23 activity shall have the same definition as that contained in the section of the
24 Colorado Revised Statute (C.R.S.), as amended, or the section of the Denver
25 Revised Municipal Code (D.R.M.C.), as amended, listed after the illegal activity:
26
27 21. Keeping, maintaining, controlling, renting, or making available property for
28 unlawful distribution or manufacture of controlled substances, to C.R.S. § 18-18-411;
29 or the unlawful possession of materials to make amphetamine and
30 methamphetamine, to C.R.S. § 18-18-412.5; or, the unlawful sale or distribution of
31 materials to manufacture controlled substances, C.R.S. § 18-18-412.7; or
32 possession of one or more chemicals or supplies or equipment with intent to
33 manufacture a controlled substance, C.R.S. § 18-18-405; or the unlawful cultivation,
34 manufacturing, sale, offer for sale, or distribution of medical marijuana without a
35 license, Art. XII, Chapter 24, D.R.M.C.; or
36
37
38
39 Section 4. That subsection 12-96 (b), Denver Revised Municipal Code concerning
40required notification to registered neighborhood associations, shall be amended by adding the
41following language to the table appearing in subsection (b):
42
43 Sec. 12-96. Notification.
44
45 (b) The following agencies of the city shall be responsible for the following
46 notification:
47
48 Proposed Action Responsible City Agency for
49 Notification
50
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 1 New Application, and/or Major Modification to Excise and Licenses

3 Premises and/or Transfer of Medical Marijuana

4 Center, Medical Marijuana Optional Premises
5 Cultivation or Medical Marijuana Infused
6 Products Manufacturing License; or any action
7 for which a public hearing is required by state
8 or city medical marijuana licensing laws;
9 provided, however, that no notification shall be
10 given for any class of license if the location of
11 the license is required to be confidential under
12 state law
13
14
15
16
17
18
19
20
21
22 COMMITTEE APPROVAL DATE: January 31, 2011.
23 MAYOR-COUNCIL DATE: February 7, 2011.
24 PASSED BY THE COUNCIL _________________, 2011
25 __________________________________________ - PRESIDENT
26 APPROVED: _______________________________ - MAYOR
27 ______________________ 2011
28 ATTEST: ____________________________- CLERK AND RECORDER,
29 EX-OFFICIO CLERK OF THE
30 CITY AND COUNTY OF DENVER
31
32 NOTICE PUBLISHED IN THE DAILY JOURNAL _____________ 2011;
33 ________________2011
34
35 PREPARED BY: David W. Broadwell, Asst. City Attorney; DATE:
36 _______________
37
38 Pursuant to section 13-12, D.R.M.C., this proposed ordinance has been reviewed by
39 the office of the City Attorney. We find no irregularity as to form, and have no legal
40 objection to the proposed ordinance. The proposed ordinance is not submitted to
41 the City Council for approval pursuant to § 3.2.6 of the Charter.
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1
2 City Attorney
3 BY: _____________________, ________City Attorney
4 DATE: __________________
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