§ 24-508. Licensing requirements—Medical marijuana centers.

Effective May 1, 2016, the director shall not receive or act upon any application for a new medical marijuana center license. In addition to the requirements set forth in the CMMC, the following requirements shall apply to the issuance of any local license for a medical marijuana center for which application was made prior to January 1, 2016, and issuance of the license occurred on or after May 1, 2016, and to any licenses for a medical marijuana center issued prior to May 1, 2016:

(a)

Area maps. All applications for medical marijuana center licensing submitted pursuant to this article XII shall include an area map drawn to scale indicating land uses of other properties within a 1,000-foot radius of the property upon which the applicant is seeking a license. The map shall depict, to the best of the applicant's knowledge, the proximity of the property to any school or childcare establishment; to any other medical marijuana center; to any alcohol or drug treatment facility; or to any residential or U-MS-2x zone district.

(b)

Prohibited locations. No medical marijuana center license shall be issued for the following locations:

(1)

In any residential zone district as defined by the zoning code of the city, in any MS-2, MS-2x, MX-2, MX-2A or MX-2x zone district as defined by the zoning code of the city, or in any location where retail sales are prohibited by the zoning code or by any ordinance governing a planned unit development. The restriction against licensing a medical marijuana center in any MS-2, MS-2x, MX-2, MX-2A or MX-2x zone district shall not apply to any location where the director previously issued a medical marijuana dispensary license under article XI of this chapter 24, a licensed dispensary commenced operations at the subject location, and a licensed medical marijuana dispensary or center has existed in continuous operations at the subject location since the time of original licensing.

(2)

Within one thousand (1,000) feet of any school, with the distance computed by direct measurement in a straight line from the nearest property line of the land used for the school to the nearest portion of the building in which the medical marijuana center is located. This restriction shall not apply to any location where the director previously issued a medical marijuana dispensary license under article XI of this chapter 24, a licensed dispensary commenced operations at the subject location, and a licensed medical marijuana dispensary or center has existed in continuous operations at the subject location since the time of original licensing.

(3)

Within one thousand (1,000) feet of any other medical marijuana center licensed premises or any retail marijuana store licensed under article V of chapter 6, with the distance computed by direct measurement in a straight line from the nearest portion of the building in which the center is proposed to be located to the nearest portion of the building in which the other center or the retail marijuana store is located. This restriction shall not apply to any location where the director previously issued a medical marijuana dispensary license under article XI of this chapter 24, a licensed dispensary commenced operations at the subject location, and a licensed medical marijuana dispensary or center has existed in continuous operations at the subject location since the time of original licensing. Upon receipt of two (2) or more applications for a retail marijuana store license or a medical marijuana center licenses with proposed locations within one thousand (1,000) feet of each other, the director shall act upon only the first complete application received and shall reject all subsequent applications.

(4)

Within one thousand (1,000) feet of any alcohol or drug treatment facility or childcare establishment. The 1,000-foot distance shall be computed by direct measurement in a straight line from the nearest property line of the land used for alcohol or drug treatment facility or childcare purposes to the nearest portion of the building in which the medical marijuana center license is located. This restriction shall not apply to any location where the director previously issued a medical marijuana dispensary license under article XI of this chapter 24, a licensed dispensary commenced operations at the subject location, and a licensed medical marijuana dispensary or center has existed in continuous operations at the subject location since the time of original licensing.

(5)

The spacing requirements set forth in paragraphs (2), (3) and (4) of this subsection (b) shall be enforced in lieu of the spacing requirements set forth in the Colorado Medical Marijuana Code, § 12-43.3-308(1)(d)(l), C.R.S. as amended.

(6)

The spacing restrictions set forth in paragraphs (2) and (4) of this subsection (b) shall not apply to any location where the director previously issued a medical marijuana center license under this article XII.

(7)

For purposes of this subsection (b), the term "continuous operations" means that the regular sale of medical marijuana has occurred at the subject location without interruption by a medical marijuana center licensed under article XII of chapter 24 in compliance with all state and city laws, and any regulations adopted pursuant thereto. Prima facie evidence that a medical marijuana center has not existed in continuous operation shall include:

a.

Any suspension or cessation of the sale of medical marijuana at the subject location lasting longer than ninety (90) consecutive days; or

b.

Any period during which the subject location is owned, leased or otherwise occupied for a use other than the sale of marijuana; or

c.

Expiration, nonrenewal, surrender, transfer of location, or revocation of the state or local medical marijuana license issued for the subject location.

(8)

No application for a medical marijuana center license shall be received or acted upon by the director if the application concerns a particular location that either:

a.

Is the same location or within one thousand (1,000) feet of a location where, within the two (2) years preceding the date of the application, the director denied an application for a medical marijuana center license or a retail marijuana store license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets; or

b.

Is the same location where, within the one (1) year preceding the date of the application, the director scheduled a public hearing for an application for a medical marijuana center license or a retail marijuana store license, and the application was subsequently withdrawn prior to final action by the director on the application.

(c)

Off-site delivery of product by licensee prohibited. All sales and distribution of medical marijuana by a licensed medical marijuana center shall occur only upon the licensed premises, and the licensee shall be strictly prohibited from delivering medical marijuana to any person at any other location. Nothing herein shall preclude a primary care-giver from purchasing medical marijuana on behalf of a patient at a licensed medical marijuana center and delivering the medical marijuana to a homebound patient in accordance with § 25-1.5-106(7)(d) and (e), C.R.S., as amended.

(d)

Signs and advertising.

(1)

Any person or premises licensed as a medical marijuana center shall comply with all city ordinances regulating signs and advertising. In addition, no licensed medical marijuana center shall use any advertising material that is misleading, deceptive, or false, or that, as evidenced either, by the content of the advertising material or by the medium or the manner in which the advertising is disseminated, is designed to appeal to minors.

(2)

Any person licensed as a medical marijuana center or a medical marijuana-infused products manufacturer shall include in any advertisement for medical marijuana or any medical marijuana-infused product the following language: "For registered Colorado medical marijuana patients only." Provided, however, this language shall not be required to be displayed upon any sign identifying a medical marijuana center, as permitted by subparagraph (3)(i) of this subsection (d).

(3)

Except as otherwise provided in this subsection (3), it shall be unlawful for any person licensed under this article or any other person to advertise any medical marijuana or medical marijuana-infused product anywhere in the city where the advertisement is visible to members of the public from any street, sidewalk, park or other public place, including advertising utilizing any of the following media: any billboard or other outdoor general advertising device as defined by the zoning code; any sign mounted on a vehicle, any hand-held or other portable sign; or any handbill, leaflet or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property without the consent of the property owner. The prohibition set forth in this paragraph (3) shall not apply to:

a.

Any fixed sign located on the same zone lot as a medical marijuana center which exists solely for the purpose of identifying the location of the medical marijuana center and which otherwise complies with the Denver Zoning Code and any other applicable city laws and regulations; or

b.

Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city; or

c.

Advertising which is purely incidental to sponsorship of a charitable event by a medical marijuana center or a medical marijuana-infused products manufacturer.

(4)

For purposes of this subsection (d), the terms "advertise," "advertising" or "advertisement" means the act of drawing the public's attention to a medical marijuana center or medical marijuana infused products manufacturer in order to promote the sale of medical marijuana or medical marijuana-infused product by the center or the manufacturer.

(e)

Hours of operation. It shall be unlawful for any person to sell medical marijuana or medical marijuana products at a licensed medical marijuana center at any time other than between the hours of 8:00 a.m. and 10:00 p.m. daily.

(Ord. No. 105-11, § 1, 2-22-11; Ord. No. 572-11, § 3, 11-14-11; Ord. No. 433-12, § 1, 8-20-12; Ord. No. 448-13, § 4, 9-16-13; Ord. No. 668-15, § 2, 10-19-15; Ord. No. 291-16, § 9, 4-25-16; Ord. No. 0324-17, § 2, 4-24-17; Ord. No. 523-17, § 3, 5-22-17; Ord. No. 614-17, § 12, 7-10-17)