§ 6-210. Licensing requirements—Provisions applicable to all licenses.

(a)

Criteria for licensing. The director shall consider and act upon all local license applications in accordance with the standards and procedures set forth in this article V. The director shall deny any application for a license that does not have a corresponding state license or that is not in full compliance with the Colorado Retail Marijuana Code, this article V, and any other applicable state or city law or regulation. The director shall also deny any application that contains any false or incomplete information.

(b)

Application forms and supplemental materials. All applications for local licensing shall be made upon forms provided by the director and shall include such supplemental materials as required by this article V, the Colorado Retail Marijuana Code and rules adopted pursuant thereto, including by way of example: proof of possession of the licensed premises, disclosures related to ownership of the proposed business, fingerprints of the applicants, building plans, floor plans designating the proposed licensed premises outlined in red, and security plans, and a community engagement plan that includes, at minimum the following information:

(1)

The name, telephone number, and email address of the person affiliated with the applicant who is responsible for neighborhood outreach and engagement;

(2)

The names of all registered neighborhood organizations whose boundaries encompass the location of the proposed licensed premises, and a statement that the applicant shall contact the registered neighborhood organizations prior to commencing operations;

(3)

An outreach plan to contact and engage residents and businesses in the local neighborhoods where any license is located;

(4)

A detailed description of any plan to create positive impacts in the neighborhoods where the licensed premises are located, which may include by way of example, participation in community service, volunteer service, and active promotion of any local neighborhood plans;

(5)

Written policies and procedures to timely address any concerns or complaints expressed by residents and businesses within the neighborhood surrounding the licensed premises;

(6)

Written policies and procedures designed to promote and encourage full participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement in order to positively impact those communities.

To the extent any of the foregoing supplemental materials have been included with the applicant's state license application and forwarded to the city by the state licensing authority, the director may rely upon the information forwarded from the state without requiring resubmittal of the same materials in conjunction with the local license application. The director may, at the director's discretion, require additional documentation associated with the application, including additional requirements for any community engagement plan, as may be necessary to enforce the requirements of the Colorado Retail Marijuana Code and this article V.

(c)

Notice of applications to departments and agencies. Upon receipt of an application for any class of local license, the director shall give notice of the application to the department of community planning and development, the department of finance, the department of public health and environment, the Denver Police Department, and the Denver Fire Department. Any applicant for a license under this article V shall obtain any and all necessary permits, licenses and other regulatory approvals from the other affected city departments and agencies prior to the issuance of a license under this article V.

(d)

Background checks and determination of good character and state residency. Prior to the issuance of any local license, the director shall make a finding and determination as to the good moral character of the applicant and compliance with state residency requirements in accordance with the standards and procedures set forth in the Colorado Retail Marijuana Code. In so doing, the director may incorporate any findings as to good character and residency previously made by the state licensing authority, and shall not be required to perform a criminal background check if the state licensing authority has already performed a criminal background check on the applicant.

(e)

Expiration of applications. Any application for local licensing submitted pursuant to this article V must be completed within one (1) year of the date the application is filed and the application fee paid. Except as provided in this subsection (e), applications that remain pending after the expiration of the one-year time period shall be administratively closed and the director shall deny the issuance of a local license. Once an application expires, the applicant must begin the local licensing process anew. At the director's discretion, the director may extend the application period or approve the issuance of a license for applications that remain pending beyond the one-year time period if the applicant can produce, within thirty (30) days after the expiration of the one-year time period, documentary or other empirical evidence to establish good cause for the failure to complete the application process. For purposes of this subsection (e), the term "good cause" means the failure to complete the application process occurred due to circumstances outside of the applicant's control.

(f)

Corresponding state license. The director shall not issue a local license unless the applicant produces a corresponding license duly issued by the state licensing authority under the Colorado Retail Marijuana Code.

(g)

Pending license applications. Applications for local licensing may not be transferred, and the director shall deny any application for transfer of ownership or change of location of any pending license application. At the director's discretion, the director may approve an application for transfer of ownership or change of location of a pending application upon a showing of good cause as defined in this section.

(h)

Records. A licensee must provide on-demand access to on-premises records following a request from the department during normal business hours or hours of apparent operation, and must provide access to off-premises records within three (3) business days following a request from the department.

(Ord. No. 448-13, § 2, 9-16-13; Ord. No. 912-15, § 6, 2-8-16; Ord. No. 291-16, § 14, 4-25-16; Ord. No. 614-17, § 2, 7-10-17; Ord. No. 427-18, § 3, 6-11-18)