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The town council adopts this chapter based upon the following findings of fact:

A. The Colorado Marijuana Code (article 10, title 44, Colorado Revised Statutes) recognizes the power of a municipality to adopt and enforce its own rules and regulations for the licensing of regulated marijuana businesses within its jurisdiction. Specifically, the Colorado Marijuana Code authorizes municipalities to:

1. Prohibit the operation of medical marijuana stores, medical marijuana cultivation facilities, and medical marijuana-infused products facilities manufacturers' licenses within the municipality (section 44-10-104(1)(b), Colorado Revised Statutes);

2. Enact ordinances or regulations governing the time, place, manner, and number of retail marijuana businesses within the boundaries of the municipality, which may include a local licensing requirement (section 44-10-104(3), Colorado Revised Statutes);

3. Adopt an ordinance containing specific standards for the issuance of local licenses (section 44-10-301(2)(a)(I), Colorado Revised Statutes);

4. Adopt additional local standards for the issuance of medical marijuana stores, medical marijuana cultivation facilities, and medical marijuana-infused products manufacturers' licenses, including, but not limited to, distance restrictions between premises for which licenses are issued; reasonable restrictions on the size of an applicant's licensed premises; and any other local requirement necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the license (section 44-10-301(2)(a)(II), Colorado Revised Statutes);

5. Impose additional requirements necessary for the approval of applications under the Colorado Marijuana Code (section 44-10-301(2)(c), Colorado Revised Statutes);

6. Impose separate local licensing requirements as a part of the municipality's restrictions on time, place, manner, and number of marijuana businesses within the municipality (section 44-10-301(3)(b), Colorado Revised Statutes);

7. Establish an application fee for a local license (section 44-10-302(1), Colorado Revised Statutes);

8. Enact ordinances or resolutions concerning matters authorized to local governments (section 44-10-305(3), Colorado Revised Statutes);

9. Enact reasonable regulations or other restrictions applicable to medical marijuana business licenses based on local government zoning, health, safety and public welfare laws for the distribution of medical marijuana that are more restrictive than the Colorado Marijuana Code (section 44-10-313(1)(a), Colorado Revised Statutes);

10. Adopt and enforce regulations for retail marijuana businesses that are at least as restrictive as the Colorado Marijuana Code and the state administrative regulations (section 44-10-313(1)(b), Colorado Revised Statutes);

11. Impose reasonable restrictions upon a local license (section 44-10-313(7), Colorado Revised Statutes); and

12. Adopt and impose operating fees on marijuana businesses located within its jurisdiction in an amount determined by the municipality (section 44-10-803(3), Colorado Revised Statutes).

B. On November 6, 2012, the voters of the State of Colorado approved Amendment 64. Amendment 64 added section 16 of article XVIII to the Colorado Constitution.

C. Section 16(5)(f) of article XVIII of the Colorado Constitution authorizes a municipality to enact an ordinance or regulation, not in conflict with section 16 of article XVIII of the Colorado Constitution, governing the time, place, manner, and number of marijuana establishments within the boundaries of the municipality.

D. The presence of regulated marijuana businesses within the town's downtown overlay district may discourage tourism, which is the economic lifeblood of the community. As such, regulated marijuana businesses should all be located outside of the downtown overlay district in order to protect, defend, and preserve the economic vitality of the town.

E. The town council finds, determines, and declares that to the extent the requirements of this chapter differ from the requirements of the Colorado Marijuana Code, the requirements of this chapter are more restrictive than the Colorado Marijuana Code.

F. This chapter 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 and the inhabitants thereof. (Ord. 36, Series 2020; amd. Ord. 13, Series 2022. Formerly 4-14-2)