§ 6-211. Licensing requirements—Retail marijuana stores.

Effective May 1, 2016, the director shall not receive or act upon any application for a retail marijuana license except through the annual open application process set forth in section 6-203. The director may, however, receive and act upon an application to co-located a retail marijuana store with an existing medical marijuana center as provided in subsection (e) of this section. The following requirements shall apply to the issuance of any local license for a retail marijuana store:

(a)

Area maps. All applications for retail marijuana store licensing submitted pursuant to this article V shall include an area map drawn to scale indicating land uses of other properties within a 1,000-foot radius of the property upon which the applicant is seeking a license. The map shall depict, to the best of applicant's knowledge, the proximity of the property to any school or childcare establishment; to any other retail marijuana store; to any medical marijuana center, to any pending application for either a retail marijuana store or a medical marijuana center, or to any alcohol or drug treatment facility.

(b)

Prohibited locations. No retail marijuana store license shall be issued for the following locations:

(1)

In any residential zone district as defined by the zoning code of the city, in any MS-2, MS-2x, MX-2, MX-2A or MX-2x zone district as defined by the zoning code of the city, or in any location where retail sales are prohibited by the zoning code or by any ordinance governing a planned unit development. The restriction against licensing a retail marijuana store in any MS-2, MS-2x, MX-2, MX-2A or MX-2x zone district shall not apply to any location where the director previously issued a medical marijuana center license under article XII of chapter 24 and a licensed medical marijuana center has existed in continuous operations at the subject location since the time of original licensing.

(2)

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 the school to the nearest portion of the building in which the retail marijuana store is located.

(3)

Within one thousand (1,000) feet of any other retail marijuana store or medical marijuana center licensed under article XII of chapter 24, with the distance computed by direct measurement in a straight line from the nearest portion of the building in which one (1) store or center is located to the nearest portion of the building in which the other store or center is located. This restriction shall not apply to any location proposed for licensing as a retail marijuana store where the director previously issued a medical marijuana center license under article XII of chapter 24 and a licensed medical marijuana center has existed in continuous operations at the subject location since the time of original licensing, nor shall this restriction be construed to prohibit the licensing of a retail marijuana store under common ownership with and at the same location as a licensed medical marijuana center. In the event that the department receives two or more applications for a retail marijuana store license or a medical marijuana center license with proposed locations within one thousand (1,000) feet of each other, the director shall act upon only the first complete application received and shall reject all subsequent applications.

(4)

Within one thousand (1,000) feet of any childcare establishment or alcohol or drug treatment facility. The 1,000-foot distance shall be computed by direct measurement in a straight line from the nearest property line of the land used for the childcare establishment or alcohol or drug treatment facility to the nearest portion of the building in which the retail marijuana store is proposed to be located. This restriction shall not apply to any location where the director previously issued a medical marijuana center license under article XII of chapter 24, and a licensed medical marijuana center has existed in continuous operations at the subject location since the time of original licensing.

(5)

For purposes of this subsection (b), the term "continuous operations" means that the regular sale of medical marijuana has occurred at the subject location without interruption by a medical marijuana center licensed under article XII of chapter 24 in compliance with all state and city laws, and regulations adopted pursuant thereto. Prima facie evidence that a medical marijuana center has not existed in continuous operations shall include:

a.

Any suspension or cessation of the sale of marijuana at the subject location lasting longer than ninety (90) consecutive days; or

b.

Any period during which the subject location is owned, leased or otherwise occupied for a use other than the sale of marijuana; or

c.

Expiration, nonrenewal, surrender, transfer of location, revocation of the state or local medical marijuana license issued for the subject location.

(6)

No application for a retail marijuana store license shall be received or acted upon by the director if the application concerns a particular location that either:

a.

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 retail marijuana store license or a medical marijuana center 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

b.

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 retail marijuana store license or a medical marijuana center license, and the application was subsequently withdrawn prior to final action by the director on the application.

(c)

Off-site delivery of product by licensee prohibited. All sales and distribution of retail marijuana by a licensed retail marijuana store shall occur only upon the licensed premises, and the licensee shall be strictly prohibited from delivering retail marijuana to any person at any other location.

(d)

Signs and advertising.

(1)

Any person or premises licensed as a retail marijuana store shall comply with all city ordinances regulating signs and advertising. In addition, no licensed retail marijuana store shall use any advertising material that is misleading, deceptive, or false, or that, as evidenced either, by the content of the advertising material or by the medium or the manner in which the advertising is disseminated, is designed to appeal to minors.

(2)

Except as otherwise provided in this subsection (2), it shall be unlawful for any person licensed under this article or any other person to advertise any retail marijuana or retail marijuana product anywhere in the city where the advertisement is visible to members of the public from any street, sidewalk, park or other public place, including advertising utilizing any of the following media: Any billboard or other outdoor general advertising device as defined by the zoning code; any sign mounted on a vehicle, any hand-held or other portable sign; or any handbill, leaflet or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property without the consent of the property owner. The prohibition set forth in this paragraph (2) shall not apply to:

a.

Any fixed sign located on the same zone lot as a retail marijuana store which exists solely for the purpose of identifying the location of the retail marijuana store and which otherwise complies with the Denver Zoning Code and any other applicable city laws and regulations; or

b.

Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city; or

c.

Advertising which is purely incidental to sponsorship of a charitable event by a retail marijuana store or a retail marijuana products manufacturer.

(3)

For purposes of this subsection (d), the terms "advertise," "advertising" or "advertisement" mean the act of drawing the public's attention to a retail marijuana store or retail marijuana products manufacturer in order to promote the sale of retail marijuana or retail marijuana product by the store or the manufacturer.

(e)

Co-location of retail marijuana store and medical marijuana center. A retail marijuana store in common ownership with a medical marijuana center may be licensed in the same location and may share the same licensed premises, to the extent allowed by the CRMC and regulations promulgated by the Colorado Marijuana Enforcement Division.

(Ord. No. 448-13, § 2, 9-16-13; Ord. No. 668-15, § 1, 10-19-15; Ord. No. 912-15, § 7, 2-8-16; Ord. No. 291-16, § 4, 4-25-16; Ord. No. 523-17, § 1, 5-22-17; Ord. No. 614-17, § 3, 7-10-17)