§ 6-201. Defined terms.

The definitions set forth in subsection 16(2) of article XVIII of the Colorado Constitution as well as the Colorado Retail Marijuana Code, § 12-43.4-103, C.R.S., as amended, and rules adopted pursuant thereto, shall apply equally to this article V. In addition, the following terms shall have the meanings respectively assigned to them:

(1)

Alcohol or drug treatment facility means any facility located within a medical office or hospital, as these terms are defined by the zoning code, with the primary purpose of counseling or providing medical services to patients who suffer from addictions to alcohol or drugs.

(2)

Cap on marijuana cultivation locations means a maximum of three hundred and eleven (311) distinct locations in the city where a medical marijuana optional premises cultivation facility, a retail marijuana cultivation facility, or both may be licensed: or such lesser number as may be determined by the director pursuant to section 6-203(b) by calculating the total number of locations in the city:

(a)

Where one (1) or more licensed premises existed pursuant to a medical marijuana optional premises license, a retail marijuana cultivation facility license, or both, as of May 1, 2016; and

(b)

Where any licensed premises was approved by the director after May 1, 2016, as the result of an application for new licensing that was pending on May 1, 2016, for a medical marijuana optional premises cultivation license, a retail marijuana cultivation license, or both, in a location where such licenses did not previously exist.

(3)

Cap on marijuana sales locations means a maximum of two hundred and twenty-six (226) distinct locations in the city where a medical marijuana center, a retail marijuana store, or both may be licensed; or such lesser number as may be determined by the director pursuant to section 6-203(b) by calculating the total number of locations in the city:

(a)

Where a licensed premises existed for a medical marijuana center, a retail marijuana store, or both, as of May 1, 2016; and

(b)

Where any licensed premises was approved by the director after May 1, 2016, as the result of an application for new licensing that was pending on May 1, 2016, for a medical marijuana center, a retail marijuana store, or both, in a location where such licenses did not previously exist.

(4)

Child care establishment means any child care establishment as defined by and regulated under chapter 11 of the City Code.

(5)

Colorado Retail Marijuana Code or CRMC means Article 43.4 of Title 12 of the Colorado Revised Statutes, as amended.

(6)

Cumulative cap on marijuana cultivation and sales locations means a maximum of four hundred and sixty-seven (467) distinct locations in the city where one (1) or any combination of the following may be licensed in the same location; medical marijuana center, retail marijuana store, medical marijuana optional premises cultivation facility, retail marijuana cultivation facility; or such lesser number as may be determined by the director pursuant to section 6-203(b) by calculating the total number of locations in the city:

(a)

Where a licensed premises existed for a medical marijuana center, retail marijuana store, medical marijuana optional premises cultivation facility, retail marijuana cultivation facility, or any combination of these, as of May 1, 2016; and

(b)

Where any licensed premises was approved by the director after May 1, 2016, as the result of an application for new licensing that was pending on May 1, 2016, for a medical marijuana center, retail marijuana store, medical marijuana optional premises cultivation facility, retail marijuana cultivation facility or any combination of these, in a location where such licenses did not previously exist.

(7)

Department means the Denver Department of Excise and Licenses.

(8)

Director means the director of the Denver Department of Excise and Licenses.

(9)

Location means a particular parcel of land that is identified by a distinct street address assigned by the city in accordance with article IV of chapter 49. To the extent the parcel consists of separately described "units," "suites," "rooms," or other similar descriptor, the parcel shall nevertheless be counted as one (1) location for the purpose of calculating the cap on marijuana sales locations, tile cap marijuana cultivation locations, and the cumulative cap on marijuana cultivation and sales locations as provided in section 6-203, and for the purpose of administering the laws related to change of location as provided in sections 6-217 and 24-512.

(10)

School means a public or private preschool or a public or private elementary, middle, junior high, or high school.

(11)

Statistical neighborhood means the geographical neighborhood boundaries established by the City and County of Denver in 1970 in conjunction with the Community Renewal Program consisting of combinations of census tracts to which the city has assigned geographic place names corresponding to commonly used names of subdivisions and historical parts of the City.

(Ord. No. 448-13, § 2, 9-16-13; Ord. No. 912-15, § 1, 2-8-16; Ord. No. 291-16, § 1, 4-25-16)