§ 24-510. Licensing requirements—Optional premises cultivation licenses.

Effective May 1, 2016, the director shall not receive or act upon any application for a new medical marijuana optional premises cultivation license. In addition to the requirements set forth in the CMMC, the following requirements shall apply to the issuance of any local license for an optional premises cultivation license 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 optional premises cultivation license issued prior to May 1, 2016:

(a)

Compliance with current zoning.

(1)

A local optional premises cultivation license may be issued in any zone district where, at the time of application for the license, plant husbandry is authorized as a permitted use under the zoning code.

(2)

Notwithstanding the requirement set forth in paragraph (1) of this subsection (a), an optional premises cultivation license may be issued in a location where plant husbandry is not a permitted use but is already occurring as a compliant or nonconforming use under the zoning code, if and only if the applicant meets the following requirements:

a.

A zoning permit for plant husbandry was applied for upon the same zone lot on or before July 1, 2010;

b.

The applicant can show that an optional premises cultivation license upon the same zone lot was applied for with the state medical marijuana licensing authority on or before August 1, 2010, in accordance with § 12-43.3-103(1)(b), 32 C.R.S; and

c.

The applicant can produce to the satisfaction of the director documentary or other empirical evidence that the cultivation of medical marijuana had commenced on the zone lot prior to January 1, 2011.

(3)

At the director's discretion, a public hearing may be scheduled for a protested license renewal of any optional premises cultivation licenses granted pursuant to subsection (a)(2) of this section upon a zone lot where plant husbandry is not a permitted use under the zoning code if requested by a party in interest as defined in section 24-508.5(b)(1). Such request for a public hearing must be submitted in the form of a petition prepared by the department and must contain at least ten (10) valid signatures of parties in interest gathered within ninety (90) days of the renewal date. The director shall assign a hearing officer to conduct the public hearing as provided in section 24-505. The hearing shall not be conducted until the director has posted or caused to be posted a notice of hearing on the licensed premises in the manner described in § 12-43.3-302 (2), C.R.S. for a period of ten (10) days, and provided notice to each of the following at least ten (10) days prior to the hearing: the licensee; the city council representative for the district in which the licensed premises is located; and any registered neighborhood association entitled to receive notice as provided in section 12-96. At the public hearing, the incumbent licensee and any other interested party shall be entitled to speak and present evidence supporting or opposing renewal of the license in the location where plant husbandry is not a permitted use. The hearing officer shall receive and give due consideration to any evidence or testimony submitted by the city council member representing the district in which the licensed premises are located, either in support or opposition to the renewal of the license. The optional premises cultivation license shall be eligible for renewal, subject to additional considerations as provided in section 24-513 for all license renewals, in its current compliant or nonconforming location unless it is shown by a preponderance of the evidence presented at the hearing that:

a.

The existence of the medical marijuana cultivation on the licensed premises has frustrated the implementation of the city's comprehensive plan and any adopted neighborhood plan applicable to the subject property;

b.

The existence of the medical marijuana cultivation operation on the licensed premises has negatively affected nearby properties or the neighborhood in general, including by way of example any adverse effects caused by excessive noise, odors, vehicular traffic, or any negative effects on nearby property values;

c.

The existence of the medical marijuana cultivation operation has caused crime rates to increase in the surrounding neighborhood;

d.

The continued existence of a licensed medical marijuana cultivation operation in the subject location will have a deleterious impact on public health, safety and the general welfare of the neighborhood or the city; or

e.

The applicant or any person from whom the applicant acquired a medical marijuana business failed to meet one (1) or more of the requirements specified in paragraph (2) of this subsection (a).

(b)

Provisions related to cross-jurisdictional licensing. Any applicant for a medical marijuana center license or a medical marijuana-infused products license in Denver may obtain an optional premise cultivation license in a jurisdiction other than Denver and shall provide proof of such licensing to the director.

(Ord. No. 105-11, § 1, 2-22-11; Ord. No. 572-11, § 5, 11-14-11; Ord. No. 381-12, § 1, 7-23-12; Ord. No. 912-15, § 22, 2-8-16; Ord. No. 291-16, § 10, 4-25-16)