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An ordinance regarding the regulation of recreational cannabis within the City of Craig, CO WHEREAS, The City of Craig finds it necessary to the public safety and welfare of the citizens of the City of Craig to regulate retail marijuana within the City of Craig, THEREFORE, BE IT ORDAINED BY THE CRAIG CITY COUNCIL THAT: The Craig Municipal Code is amended to add Chapter 5.70, entitled Craig Retail Marijuana Code The purpose of this ordinance is to exercise the authority of the City of CRAIG to allow state-licensed marijuana establishments to exist in Craig in accordance with applicable ‘State laws and regulations as well as the additional local approval requirements and other restrictions set forth herein. This article is adopted pursuant to the aforesaid Constitutional and statutory authority and the City’s plenary authority as a home rule city to preserve the public health, safety and general welfare. Retail marijuana dispensaries. y Definition. Retail marijuana dispensary shall mean and include the use of any property or structure to distribute, transmit, give, dispense or otherwise provide marijuana in any manner, in accordance ‘subsection 16(2) of Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, CRS, § 12-43.4-103 2) Application. Prior fo the establishment of any retail marijuana dispensary, each of the following requirements shall be met: a) For the first 6 months upon passage of this ordinance, only individuals holding a medical ‘marijuana sales license within the City of Craig may apply for a retail marijuana (dispensary) sales license. After this inital 6 month period, only residents of the City of Craig or Moffat County may apply for a retail marijuana (dispensary) license for 6 months. After the initial 12 month period, should the allotted number of available licenses not be taken by local (city or county) residents, the rules for applying for a license shall be the same as those set forth by the State of Colorado. This clause applies only to retail dispensary licenses and not the other licenses (cultivation and manufacturing) allowed by this ordinance. b) ‘An application fee of one thousand five hundred dollars (81,500.00) to cover administrative costs and expenses incurred in the application process. ) Written approval from the city planner, as to each of the following: (O} ‘A business plan for the dispensary to ensure compliance with law. The business plan must contain the following items: (A) ‘A description of the security provisions and syster (8) Hours of operation; «© Number of employees; (D) Lighting plan; © ‘A description of any cultivation within the dispensary, including: i ‘Where plants are grown; it The number of plants that will be grown; fi, ‘The number of plants within a given stage of growth at any given time; w. ‘A description of the ventilation system for the premises; and v. A description of the lighting system. 2) Criminal background check, Subject to the provisions of Section 24-5-101, C.R.S., no written ‘approval will be issued to an applicant whose criminal history reflects a prior conviction for a felony offense. it shall be required that any applicant, owner, and/or operator submit a complete set of fingerprints before a permit can be granted 9%) ‘Written approval from the planning department that the location requirements set forth in ‘Subsection 3) below have been met. ®) A statement to be initialed by the applicant that the applicant and the employees of the retail ‘marijuana dispensary may be subject to prosecution under federal marijuana laws. ) AA statement to be initialed by the applicant that the city accepts no legal lability in connection with the approval and subsequent operation of the retail marijuana dispensary. 4) Location requirements: No retail marijuana dispensary shall be established except in accordance with the following location requirements: a) A retail marijuana dispensary shall be located in the C-2 zone district (Community Commercial) or 41 zone district (Light Industrial) per CMC_16,03.040. Any recreational cannabis growing facilities. ‘or manufacturing operations shall be located in the -1 zone district (light industrial.) b) No retail marijuana dispensary shall be located within five hundred (500) feet of any licensed child care facility, church or city park at the time of establishment of the dispensary, °) No retail marijuana dispensary shall be located within five hundred (500) feet of any educational institution or school, either public or private, at the time of establishment of the dispensary. a No retail marijuana dispensary shall be located within five hundred (500) feet of any halfway house or correctional facility at the time of establishment of the dispensary. °) No retail marijuana dispensary shall be located within one hundred (100) feet of a residential ‘dwelling at the time of the establishment of the dispensary. f) No retail marijuana dispensary shall be in a building containing residential units at the time of establishment of the dispensary. 9) No retail marijuana dispensary shall be located in a movable or mobile structure. D) No retail marijuana dispensary shall be located within five hundred (500) feet of another retail marijuana dispensary. i No retail marijuana dispensary shall be located in a building containing a pediatrician at the time of the establishment of the dispensary. 4) Additional limitations, Retail marijuana dispensaries shall be subject to the following additional requirements. a) All retail mari b) All product storage shall be indoors. Products, accessories and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. All products shall be in a sealed/locked cabinet ‘except when being accessed for distribution jana dispensing and production/cultivation activities shall be conducted indoors,