4-4-5: DEFINITIONS:
A. The definitions contained in the Colorado Marijuana Code and the applicable administrative regulations (as defined in subsection B of this section), each as amended from time to time, are incorporated into this chapter by reference.
B. As used in this chapter the following words have the following meanings, unless the context clearly requires otherwise:
ADJACENT: Adjacent to or contiguous with the proposed location of a regulated marijuana business. Adjacency is to be determined without regard to the existence of a platted or dedicated public street or alley, and real property that would otherwise be determined to be adjacent to a proposed regulated marijuana business does not lose its adjacency by virtue of the existence of a platted or dedicated public street or alley.
APPLICABLE ADMINISTRATIVE REGULATIONS: Whichever of the state administrative regulations apply to the application or the license, including, but not limited to, the regulations of the Colorado Department of Revenue, Marijuana Enforcement Division, found at 1 CCR 212.3, as amended from time to time, as well as any administrative regulations issued by the local licensing authority pursuant to section 4-4-33 of this chapter.
APPLICANT: A person who has submitted an application for license to the local licensing authority that has not been approved or denied by the local licensing authority.
APPLICATION: An application for license submitted to the local licensing authority.
BUILDING OFFICIAL: The chief building official of the town, or the chief building official's designee authorized to act pursuant to section 1-7-2 of this Code.
COLORADO MARIJUANA CODE: Article 10 of title 44, Colorado Revised Statutes, as amended from time to time.
DAY: A calendar day, unless otherwise indicated.
DOWNTOWN OVERLAY DISTRICT: The geographic area of the town identified as the downtown overlay district in the town's land use guidelines, as amended from time to time.
GOOD CAUSE: For the purpose of denial of an application, the denial of the renewal of a license, or the imposition of discipline of a licensee, means:
1. The licensee or the applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this chapter, the terms and conditions of any licensed issued by the local licensing authority pursuant to this chapter, the Colorado Marijuana Code, or any applicable administrative regulation;
2. The licensee or the applicant has failed to comply with any special terms or conditions that were placed on the license pursuant to an order of the state licensing authority or the local licensing authority; or
3. The licensee's licensed premises have been operated in a manner that adversely affects the public health, welfare, or the safety of the immediate neighborhood in which the business is located.
HALFWAY HOUSE: A group care facility for adults or juveniles who have been placed on probation or parole under applicable law.
LAND USE GUIDELINES: Has the meaning provided in section 9-1-5 of this Code.
LICENSE: A license to operate a regulated marijuana business issued by the local licensing authority pursuant to this chapter.
LICENSED PREMISES: The premises that are the subject of a license.
LICENSEE: A person holding a license.
LOCAL LICENSING AUTHORITY: The Town of Breckenridge liquor and marijuana licensing authority created pursuant to title 2, chapter 5 of this Code.
MARIJUANA ACCESSORIES: Has the meaning provided in section 16(2)(g) of article XVIII of the Colorado Constitution.
MEDICAL MARIJUANA BUSINESS: Has the meaning provided in the Colorado Marijuana Code.
PERSON: Has the meaning provided in section 1-3-2 of this Code.
PRIMARY CAREGIVER: Has the meaning provided in section 25-1.5-106(2)(d.5), Colorado Revised Statutes.
PRIMARY CAREGIVER PERMIT: A permit issued to a primary caregiver by the local licensing authority pursuant to section 4-4-28 of this chapter.
REGULATED MARIJUANA BUSINESS: A medical marijuana business and a retail marijuana business.
RESIDENTIAL USE: Has the meaning provided in section 9-1-5 of this Code.
RETAIL MARIJUANA BUSINESS: Has the meaning provided in the Colorado Marijuana Code.
STATE ADMINISTRATIVE REGULATIONS: The administrative rules and regulations for regulated marijuana businesses issued by the Colorado Department of Revenue, Marijuana Enforcement Division, and found at 1 CCR 212.3, as amended from time to time.
STATE LICENSING AUTHORITY: Has the meaning provided in the Colorado Marijuana Code.
TOWN: Has the meaning provided in section 1-3-2 of this Code. (Ord. 36, Series 2020; amd. Ord. 13, Series 2022. Formerly 4-14-5)