§ 6-214. Licensing requirements—Retail marijuana cultivation facility.

Effective May 1, 2016, the director shall not receive or act upon any application for a retail marijuana cultivation facility 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 cultivation facility license with one (1) or more existing medical marijuana optional premises cultivation licenses or retail marijuana cultivation license as provided in subsection (b) of this section, subject to the limitation set forth in subsection (c) but regardless of the limitations set forth in subsection (d) of this section. In addition to the requirements set forth in the Colorado Retail Marijuana Code and any rules or regulations adopted pursuant thereto, the following requirements shall apply to the issuance of any local license for a retail marijuana cultivation license:

(a)

Compliance with current zoning.

(1)

A local retail marijuana cultivation facility license may be issued in any zone district where, at the time of application for the license, plant husbandry is authorized as a permitted use under the zoning code.

(2)

Notwithstanding the requirement set forth in paragraph (1) of this subsection (a), a retail marijuana cultivation license may be issued in a location where plant husbandry is not a permitted use but is already occurring as a compliant or nonconforming use under the zoning code, if and only if the applicant meets the following requirements:

a.

A zoning permit for plant husbandry was applied for upon the same zone lot on or before July 1, 2010;

b.

The applicant can show that an optional premises cultivation license upon the same zone lot was applied for with the state medical marijuana licensing authority on or before August 1, 2010, in accordance with § 12-43.3-103(1)(b), 32 C.R.S; and

c.

The applicant can produce to the satisfaction of the director documentary or other empirical evidence that the cultivation of medical marijuana had commenced on the zone lot prior to January 1, 2011.

(3)

At the director's discretion, a public hearing may be scheduled for a protested license renewal of any retail marijuana cultivation license granted pursuant to subsection (a)(2) of this section upon a zone lot where plant husbandry is not a permitted use under the zoning code if requested by a party in interest as defined in section 6-212. Such request for a public hearing must be submitted in the form of a petition prepared by the department and must contain at least ten (10) valid signatures of parties in interest gathered within ninety (90) days of the renewal date. The director shall assign a hearing officer to conduct the public hearing. The hearing shall not be conducted until the director has posted or caused to be posted a notice of hearing on the licensed premises for a period of ten (10) days, and provided notice to each of the following at least ten (10) days prior to the hearing: the licensee; the city council representative for the district in which the licensed premises is located; and any registered neighborhood association entitled to receive notice as provided in section 12-96. At the public hearing, the incumbent licensee and any other interested party shall be entitled to speak and present evidence supporting or opposing renewal of the license in the location where plant husbandry is not a permitted use. The hearing officer shall receive and give due consideration to any evidence or testimony submitted by the city council member representing the district in which the licensed premises are located, either in support or opposition to the renewal of the license. The retail marijuana cultivation license shall be eligible for renewal, subject to additional considerations as provided in subsection (c) and section 6-218 for all license renewals, in its current compliant or nonconforming location unless it is shown by a preponderance of the evidence presented at the hearing that:

a.

The existence of the retail marijuana cultivation facility on the licensed premises has frustrated the implementation of the city's comprehensive plan and any adopted neighborhood plan applicable to the subject property;

b.

The existence of the retail marijuana cultivation facility on the licensed premises has negatively affected nearby properties or the neighborhood in general, including by way of example any adverse effects caused by excessive noise, odors, vehicular traffic, or any negative effects on nearby property values;

c.

The existence of the retail marijuana cultivation facility has caused crime rates to increase in the surrounding neighborhood;

d.

The continued existence of a licensed retail marijuana cultivation facility in the subject location will have a deleterious impact on public health, safety and the general welfare of the neighborhood or the city; or

e.

The applicant or any person from whom the applicant acquired a retail marijuana business failed to meet one (1) or more of the requirements specified in paragraph (2) of this subsection (a).

(b)

Co-location of a retail marijuana cultivation facility and a medical marijuana optional premises cultivation business. A retail marijuana cultivation facility in common ownership with a medical marijuana optional premises cultivation business may be licensed at 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.

(c)

Permitted number of licenses. Only one (1) local retail marijuana cultivation facility license shall be permitted at each licensed premises. Upon the first renewal of a state license at the retail marijuana cultivation facility, all of the local licenses shall be collapsed into one (1) surviving license, and all additional local licenses shall be surrendered and shall be of no further force and effect. Fees shall be prorated for the non-expiring licenses that are surrendered. The director shall deny any application for transfer of ownership or change of location for the additional local licenses.

(d)

Prohibited locations. Effective May 1, 2016, no retail marijuana cultivation facility license shall be issued for 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 retail marijuana cultivation facility is located.

(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 retail marijuana cultivation facility is located.

(Ord. No. 448-13, § 2, 9-16-13; Ord. No. 912-15, § 9, 2-8-16; Ord. No. 291-16, § 5, 4-25-16)