Agenda Date: 10/14/2026
Subject:
Title
LC Resolution 02-2026: Approving the application for transfer of a retail marijuana center license for LITTLETON F113 LLC, d/b/a Fired Cannabis, 5231 S. Santa Fe Dr., Ste. 100, Littleton, Colorado
Body
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Prepared by: |
Wendy J. Shea-Tamag, Deputy City Clerk |
ISSUE:
Whether to allow a transfer of retail marijuana center license to LITTLETON F113 LLC, d/b/a Fired Cannabis, 5231 S. Santa Fe Dr., Ste. 100, Littleton, Colorado.
INTRODUCTION/HISTORY AND FACTS:
LITTLETON F113, d/b/a Fired Cannabis, has submitted an application to the city clerk’s office to transfer a retail marijuana center license. The intent is, if approved, to transfer an existing license currently held by *Ascend Cannabis Co.
Littleton City Code 3-21-10 provides that transfer of retail marijuana center licenses shall be permitted with the following:
(a) Transfer of ownership of any local retail marijuana store license issued pursuant to this chapter shall be governed by the standards and procedures set forth in the Colorado Marijuana Code and any rules and regulations adopted pursuant thereto, and the City Clerk shall administer transfer of such local licenses consistent with 3-21-5 and in the same manner as the state licensing authority administers transfer of state licenses.
(b) Any transfer of ownership of a local retail marijuana store license shall not affect any exemption that the location or the licensee may enjoy from the distance restrictions set forth in this chapter.
*The sellers are only transferring the retail license and will surrender the current medical license upon closing.
Legal Requirements:
The following requirements are necessary for issuance of the license:
1. Notice (C.R.S. § 44-10-303)
The posting and publication requirements of the Colorado Regulated Marijuana Code have been met as follows:
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Publication: |
Notice of hearing was published in the local newspaper on September 24, 2026 |
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Posting: |
Notice of hearing was posted on the premises on September 28, 2026 |
2. Complete Application (LITTLETON CITY CODE § 3-20-3(C) & 3-21-3)
An application for any license must contain the following information:
• The applicant’s name, address, telephone number and social security number;
• The street address, and unit number, if applicable, of the proposed medical marijuana center, and a complete description of the site drawn to scale for which the license is being obtained;
• If the applicant is not the owner of the proposed location of the medical marijuana center, a notarized statement from the owner of such property authorizing the submission of the application;
• A completed set of the applicant’s fingerprints;
• A statement to be initialed by the applicant that the city accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana center;
• An acknowledgment that the city will conduct a background investigation as specified in title 3, chapter 20;
• Name and address of any manager of the medical marijuana center, if the manager is proposed to be someone other than the applicant;
• Any additional information that the city manager or designee determines to be necessary in connection with the investigation and review of the application.
As well as 3-21-3(1) if the owner is a partnership, association or limited liability company, the names, social security numbers, and addresses of each partner, member or person holding such financial interest in the partnership, association or limited liability company as required pursuant to the Colorado Marijuana Code and the rules and regulations promulgated thereto by the state licensing authority;
A complete application has been received by the city clerk's office.
3. Operating Plans (LITTLETON CITY CODE § 3-21-23)
In connection with the license application, the applicant shall provide a detailed operations plan and, upon issuance of a license, shall operate the center in accordance with the plan. Such plan shall include:
• Floor Plan: A plan showing the layout of the retail marijuana store and the principal uses of the floor area depicted. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.
• Lighting Plan: A retail marijuana store shall provide a lighting plan in accordance with this code. Such plan shall also include any mitigation controls to lessen adverse impacts to the surrounding properties.
• Odor Controls: A retail marijuana store shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from the retail marijuana store. Such plan shall describe the ventilation system for the premises.
• Product And Service Description: A description of the products and services to be provided by the retail marijuana store.
The applicant has included the operating plan with its application.
4. Location (LITTLETON CITY CODE § 3-21-20)
As well as 3-21-3(1) If the owner is a partnership, association or limited liability company, the names, social security numbers, and addresses of each partner, member or person holding such financial interest in the partnership, association or limited liability company as required pursuant to the Colorado Marijuana Code and the rules and regulations promulgated thereto by the state licensing authority;
No retail marijuana location shall be located at the following locations:
• Within five hundred feet (500') of a licensed childcare facility;
• Within one thousand feet (1,000') of any educational institution or school, college or university, either public or private;
• Within one thousand feet (1,000') of any public park, public pool or public or private recreational facility;
• Within one thousand feet (1,000') of any halfway house or correctional facility;
• Within one thousand feet (1,000') of any other medical marijuana center;
• Within any building or structure that contains a residential unit, the distances described in subsection (A) of this section shall be computed by direct measurement from the nearest property line of the land used for the above purposes the nearest portion of the building housing the retail marijuana store, using a straight line. This measurement includes locations outside of city limits.
The suitability of a location for a retail marijuana store shall be determined at the time of the issuance of the first license for such center. The fact that changes in the neighborhood occur after the issuance of the first license might render the site unsuitable for a medical marijuana center under this section shall not be grounds to suspend, revoke or refuse to renew the license for such center so long as the license for the center remains in effect.
The location meets the foregoing restrictions and is a conforming location.
5. Limitation on Number and Size (LITTLETON CITY CODE § 3-21-35)
Retail marijuana establishment shall be limited to a maximum floor plan of four thousand (4,000) square feet.
• The submitted floor plan indicates a square footage of 2000.
The city allows four (4) licensed marijuana centers.
• This transfer of the existing Ascend Cannabis license to Fired Cannabis complies with city code related to number of allowed marijuana licenses within the city.
6. Licensee not prohibited person (C.R.S. § 44-10-307)
The licensing commission should take into consideration, C.R.S. § 44-10-307, which states:
44-10-307. Persons prohibited as licensees
(1) A license provided by this article shall not be issued to or held by:
(a) A person until the fee therefore has been paid;
(b) An individual whose criminal history indicates that he or she is not of good moral character after considering the factors in C.R.S. 24-5-101(2);
(c) A person other than an individual if the criminal history of any of its controlling beneficial owners indicates that a controlling beneficial owner is not of good moral character after considering the factors in C.R.S. 24-5-101(2);
(d) A person under twenty-one years of age;
(e) A person licensed pursuant to this article who, during a period of licensure, or who, at the time of application, has failed to:
I. File any tax return with a taxing agency related to a medical marijuana business or retail marijuana business;
II. Pay any taxes, interest, or penalties due as determined by final agency action related to a medical marijuana business or retail marijuana business;
(f) A person who fails to meet qualifications for licensure that directly and demonstrably relate to the operation of a medical marijuana business;
(g) (I) A person who was convicted of a felony in the three years immediately preceding his or her application date or who is currently subject to a sentence for a felony conviction; except for a person applying to be a social equity licensee, a marijuana conviction shall not be the sole basis for license denial; or
(II) A person who is currently subject to a deferred judgment or sentence for a felony;
(h) Repealed;
(i) A sheriff, deputy sheriff, police officer, or prosecuting officer, or an officer or employee of the state licensing authority or a local licensing commission;
(j) A person applying for a license for a location that is currently licensed as a retail food establishment, except for an application for a marijuana hospitality business license issued pursuant to section 44-10-609 or a retail marijuana hospitality and sales business license issued pursuant to section 44-10-610;
(k) A publicly traded entity that does not constitute a publicly traded corporation as defined in this article 10;
(l) A person that is or has a controlling beneficial owner, passive beneficial owner, or indirect financial interest holder that is organized or formed under the laws of a country determined by the United States secretary of state to have repeatedly provided support for acts of international terrorism or is included among the list of “covered countries” in section 1502 of the federal “Dodd-Frank Wall Street Reform and Consumer Protection Act”;
(m) A person that is or has a controlling beneficial owner that is an “ineligible issuer” pursuant to section 44-10-103(50)(d)(I);
(n) A person that is or has a controlling beneficial owner that is disqualified as a “bad actor” pursuant to 17 CFR 230.506(d)(1);
(o) A person that is not a publicly traded corporation that is or has a passive beneficial owner or indirect financial interest holder that is disqualified as a “bad actor” pursuant to 17 CFR 230.506(d)(1);
(p) A person that is a publicly traded corporation that is or has a nonobjecting passive beneficial owner or indirect financial interest holder that is disqualified as a “bad actor” pursuant to 17 CFR 230.506(d)(1); or
(q) A person that is or has a controlling beneficial owner, passive beneficial owner, or indirect financial interest holder that is prohibited from engaging in transactions pursuant to this article 10 due to its designation on the “Specially Designated Nationals and Blocked Persons” list maintained by the federal office of foreign assets control.
Factors to Consider related to “Good Moral Character” above as laid out in C.R.S. 24-5-101(2):
(a) When a state or local agency is required to make a finding regarding an applicant for a license…or is required to evaluate the impact of an applicant’s criminal record, and the applicant has, at some time, been convicted of a felony or other offense, the state or local agency shall give consideration to pertinent circumstances connected with the conviction in determining whether the applicant is qualified. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.
(b) In evaluating an applicant, a local agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified:
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(I) |
The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest; |
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(II) |
The applicant has been convicted of a criminal offense but pardoned; |
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(III) |
The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; |
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(IV) |
A court has issued an order of collateral relief specific to the credential sought by the applicant; or (V) The applicant has been adjudicated for committing a delinquent act in a juvenile proceeding. |
Action by Licensing Commission: Approval, Denial or Conditional Approval
Littleton City Code § 3-21-8 The licensing commission shall approve, deny or conditionally approve an application within ninety (90) days of receipt by the City Clerk of the completed application, unless the city or applicant is granted an extension by the commission. Any failure to act on the application within ninety (90) days shall result in the conditional approval of the license pending compliance with the terms of this chapter.
Approval/Conditional Approval
Littleton City Code § 3-21-5 The commission shall issue a license under this chapter when, after thorough consideration of the application and any comments from city departments or referral agencies, and from review of such other information as required by this chapter or the Colorado Marijuana Code, the commission determines that the applicant complies with all of the requirements of this chapter and the Colorado Marijuana Code, including the following:
• The application, including any required attachments and submissions, is complete and signed by the applicant;
• The applicant has paid the operating fee as required by this chapter;
• The application does not contain a material falsehood or misrepresentation; and
• The applicant meets or otherwise will meet all the requirements of this chapter.
In its review of the application, the commission may incorporate any findings as to the applicant’s good moral character previously made by the state licensing authority in connection with the retail marijuana store application and/or other existing licenses held by the applicant in good standing with the state licensing authority.
The commission shall approve or deny a license application no later than ninety (90) days after a complete application is received by the City Clerk. The City Clerk shall promptly forward notice of the authority’s decision to the state licensing authority.
If the applicant’s background investigation is not completed, whether by the state licensing commission or the city, by the time the commission must approve or deny the license as provided in subsection (C), the commission may issue a license conditioned on such further review.
The commission shall have the authority to impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law. If an application is conditionally approved, the commission shall set forth in writing the conditions of the approval. LITTLETON CITY CODE § 3-21-7.
Denial
LITTLETON CITY CODE § 3-21-6 The licensing commission shall deny an application for a license under this chapter, if the commission determines that the applicant has failed to meet its burden, because:
• Information contained in the application or supplemental information requested from the applicant is found to be false in any material respect; or
• The application fails to meet any of the standards or requirements set forth in the Colorado Marijuana Code or this chapter, including a finding of good cause.
If an application is denied, the commission shall set forth in writing the grounds for denial.
Any applicant whose application has been denied shall be entitled to a hearing on such denial by submitting a written appeal to the commission. During the pendency of such appeal process and until the denied applicant has exhausted all available remedies, including judicial review or other legal process, the commission shall not accept additional applications for or issue any additional retail marijuana store licenses pursuant to this chapter.
Upon the denial of a license, and subject to any final adjudication by the commission after a hearing pursuant to subsection (C) and/or any judicial review or other legal proceedings, the City Clerk shall notify the state licensing authority and refund the operating fee submitted by the licensee as part of its application.
CONCLUSIONS AND RECOMMENDATIONS:
Should the applicant’s presentation and the facts and evidence adduced as a result of the licensing commission’s investigation indicate that: (a) the application is complete and signed by the applicant; (b) the applicant has paid the application fee and any other fees required; (c) the application does not contain a material falsehood or misrepresentation; (d) the application complies with all of the requirements of the City Code; (e) the applicant, any person with an ownership interest of five percent (5%) or greater or any manager are of good moral character; and (f) the proposed location of the retail marijuana center is permitted in that the building is not located within any distance restrictions established by city code, staff would recommend that the licensing commission approve the application for a retail marijuana center license, conditioned upon relinquishment of Ascend Cannabis Co’s medical & retail marijuana center license.
PROPOSED MOTION:
Proposed Motion
I move approve LC Resolution 02-2026 of the Littleton Licensing Commission which grants LITTLETON F113 LLC, d/b/a Fired Cannabis, 5231 S. Santa Fe Dr., Ste. 100, Littleton, Colorado, a retail marijuana center license contingent upon relinquishment of the medical marijuana center license currently held by Ascend Cannabis Co and receipt and approval of reports from the Colorado Bureau of Investigation and approval by the Colorado Retail Marijuana Enforcement Division. The license approval is based upon the following findings of fact: (1) notice of the hearing was properly posted and published; (2) the application is complete and signed by the applicant; (3) the applicant has paid the application fee and any other fees required; (4) the application does not contain a material falsehood or misrepresentation; (5) the application complies with all of the requirements of title 3, chapter 21; (6) the applicant, any person with an ownership interest of five percent (5%) or greater or any manger are of good moral character; and (7) the proposed location of the retail marijuana center is permitted in that the building is not located within any distance restrictions established by City Code.
OR
Motion to deny LC Resolution 02-2026 which grants a retail marijuana center license for LITTLETON F113 LLC., d/b/a Fired Cannabis, 5231 S. Santa Fe Dr., Ste. 100, Littleton, Colorado, based on the following finding of fact:
The information contained in the application or supplemental information requested from the applicant is found to be false in any material aspect;
OR
The application fails to meet any of the standards set forth in the Littleton City Municipal Code, including a finding of good cause because [please indicate which apply]