§ 6-204. Local licensing authority.

(a)

The director of the Denver Department of Excise and Licenses is hereby designated to act as the local licensing authority for the city in regard to retail marijuana establishments. Under any and all circumstances in which state law requires communication to the city by the state licensing authority or any other state agency in regard to the licensing of retail marijuana establishments by the state, or in which state law requires any review or approval by the city of any action taken by the state licensing authority, the exclusive authority for receiving such communications and granting such approvals shall be exercised by the director.

(b)

The director is authorized to appoint one (1) or more hearing officers to conduct such hearings as may be required by this article V to consult with the director with respect thereto, and to certify the record or a summary thereof as required by the director along with the hearing officer's recommended findings, conclusions and decision. Any party to such hearing shall have an opportunity to file with the director written objections to any such summary, and to the recommended findings, conclusions and decision of the hearing officer, prior to the director's decision thereon.

(c)

Under no circumstances shall the director receive or act upon any application for local licensing of a retail marijuana establishment in circumstances where the state has failed to act in accordance with section 16 of Article XVIII of the Colorado Constitution, it being the intent of this article that no retail marijuana establishment may lawfully exist in Denver absent the issuance of a state license and full regulatory oversight of the retail marijuana establishment by the state as well as the city. Accordingly, the director shall not receive or act upon any application for licensing submitted independently and in lieu of state licensing nor shall the director receive or act upon any application for licensing if the state fails to act within 90 days on any specific application for licensing of a retail marijuana establishment in accordance with paragraph 16(5)(g)(III) of Article XVIII of the Colorado Constitution.

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