§ 24-512. Change of location; modification of premises.

(a)

Change of location of any license or any modification of the licensed premises shall be governed by the standards and procedures set forth in the Colorado Medical Marijuana Code, this article XII and any regulations adopted pursuant thereto. Any proposed modification and any new location to which an existing licensed business is transferred shall fully comply with the spacing requirements and the requirements for conformance with current zoning as set forth in sections 24-508, 24-509, or 24-510 of this article XII.

(b)

Upon receipt of an application for change of location of a medical marijuana center, the director shall schedule a public hearing in accordance with the requirements of section 24-508.5 and shall issue written findings for the new location.

(c)

Corresponding state license. Upon receipt of any application for change of location of a local license, the director shall not issue a license to the proposed new location unless the applicant produces written documentation from the state approving the same change of location of the corresponding state license recorded upon the face of the local license.

(d)

Effective May 1, 2016, in the case of a medical marijuana center that is co-located with a retail marijuana store or with any medical marijuana optional premises cultivation facility or retail marijuana cultivation facility at the same location, a change of location for the medical marijuana center shall not be approved by the director unless:

(1)

The associated retail marijuana store and any medical marijuana optional premises cultivation facility or retail marijuana cultivation facility at the same location likewise changes to the same new location; or

(2)

The license for the retail marijuana store and any medical marijuana optional premises cultivation facility or retail marijuana cultivation facility at the prior location is surrendered.

(e)

Effective May 1, 2016, in the case of a medical marijuana optional premises cultivation license that is co-located with any other optional premises cultivation licenses, any retail marijuana cultivation facility, or both at the same location, any change in location of the medical marijuana optional premises cultivation licenses shall not be approved by the director unless:

(1)

All other medical marijuana optional premises cultivation licenses, retail marijuana cultivation facility licenses, medical marijuana centers or retail marijuana stores at the prior location likewise change to the same new location; or

(2)

All other medical marijuana optional premises cultivation licenses, retail marijuana cultivation facility licenses, medical marijuana center licenses, or retail marijuana store licenses at the prior location are surrendered; or

(3)

The medical marijuana optional premises cultivation license is proposed for change to a location where other medical marijuana optional premises cultivation licenses, retail marijuana cultivation facility licenses, or both currently exist at the new location.

(f)

Prohibited locations. Effective May 1, 2016, no medical marijuana optional premises cultivation license shall be permitted to change to the following locations:

(1)

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 school to the nearest portion of the building in which the medical marijuana optional premises cultivation facility is located; or

(2)

Within one thousand (1,000) feet of any residential district as defined in the Denver Zoning Code or former chapter 59, with the distance computed by direct measurement in a straight line from the nearest property line of any property in the residential district to the nearest portion of the building in which the medical marijuana optional premises cultivation facility is located.

(g)

No application for change of location of a medical marijuana center license shall be received or acted upon by the director if the proposed change is to a location that either:

(1)

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

(2)

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.

(Ord. No. 105-11, § 1, 2-22-11; Ord. No. 912-15, § 25, 2-8-16; Ord. No. 291-16, § 11, 4-25-16; Ord. No. 523-17, § 4, 5-22-17; Ord. No. 614-17, § 17, 7-10-17)