§ 24-508.5. Licensing requirements—Medical marijuana centers—Public hearing requirement.

(a)

Public notice; posting and publication.

(1)

For new medical marijuana center licenses issued on and after January 1, 2016, the director shall schedule a public hearing upon the application not less than thirty (30) days from the date of the application and shall post and publish the public notice thereof not less than ten (10) days prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and by publication in a newspaper of general circulation.

(2)

Notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one (1) inch in height and stating the type of license applied for, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. If the applicant is a partnership, the sign shall contain the names and addresses of all partners, and if the applicant is a corporation, association, or other organization, the sign shall contain the names and addresses of the president, vice-president, secretary, and manager or other managing officers.

(3)

Notice given by publication shall contain the same information as that required for signs.

(4)

If the building in which medical marijuana is to be sold is in existence at the time of the application, any sign posted as required in subsections (1) and (2) of this section shall be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.

(b)

Conduct of public hearings.

(1)

At the public hearing held pursuant to this section, any party in interest shall be allowed to present evidence and to cross-examine witnesses. As used in this section, "party in interest" means any or the following:

a.

The applicant;

b.

An adult resident of the neighborhood under consideration;

c.

The owner or manager of a business located in the neighborhood under consideration;

d.

An authorized representative of a registered neighborhood organization that encompasses all or part of the neighborhood under consideration; or

e.

Any member of city council elected from a district that encompasses all or any part of the neighborhood under consideration.

(2)

As used in this section, the term "neighborhood" shall have the same meaning as director utilizes for purposes of issuance of liquor licenses.

(3)

Any party in interest may request that the director schedule a public hearing on or after 5:00 p.m. on any regular business day of the city.

(4)

The director, in the director's discretion, may limit the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination.

(c)

Results of investigation: decision of director.

(1)

Not less than five (5) days prior to the date of hearing, the director shall make known the director's findings based on the director's initial investigation of the application documents in writing to the applicant and other interested parties. The failure of the director to make these findings known five (5) days prior to the date of the public hearing shall not preclude the director from later determining that the application should be approved or denied.

(2)

In addition to the standards set forth in paragraph (3) of subsection (c) of this section, the director has authority to refuse to issue any medical marijuana center license for good cause subject to judicial review. For purposes of this subsection (c), the term "good cause" means:

a.

The applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Medical Marijuana Code or any rule and regulations promulgated pursuant thereto or this article XII or any rules and regulations promulgated pursuant to this article.

b.

With respect to a second or additional medical marijuana center license proposed by the same applicant the director shall consider the effect on competition of the granting or disapproving or additional licenses to such licensee, and no application for a second or additional license that would have the effect of restraining competition shall be approved.

c.

For applications to license any medical marijuana center in the same location where any medical marijuana center has previously been licensed, evidence that the licensed premises have been previously operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the establishment is located.

d.

Evidence that the issuance of the license will adversely impact the health, welfare or public safety of the neighborhood in which the medical marijuana center is proposed to be located.

(3)

In addition to the standards set forth in paragraph (2) of subsection (c) of this section, the applicant shall establish the need for the license by a preponderance of the evidence and the director shall also consider:

a.

The reasonable requirements of the neighborhood and the desires of the adult inhabitants as evidenced by petitions, remonstrances, or otherwise;

b.

The number and availability of other medical marijuana centers in or near the neighborhood under consideration; and

c.

Whether the issuance of such license would result in or add to an undue concentration of medical marijuana center licenses and, as a result, require the use of additional law enforcement resources.

(4)

Before entering any decision approving or denying the application, the director shall consider, except where this article specifically provides otherwise, the facts and evidence adduced as a result of its investigation and the public hearing required by this section, and any other pertinent matters affecting the qualifications of the applicant for the conduct of business as a medical marijuana center.

(5)

Unless additional time is necessary to full investigate an application, any decision of the director approving or denying an application shall be in writing stating the reasons therefor, within thirty (30) days after the date of the public hearing and a copy of such decision shall be sent by certified mail to the applicant at the address shown in the application and to the state licensing authority. The failure of the director to issue a final decision within thirty (30) days after the date of the public hearing shall not preclude the director from later determining that the application should be approved or denied.

(Ord. No. 912-15, § 21, 2-8-16; Ord. No. 614-17, § 13, 7-10-17)