Agenda Date: 06/04/2024
Subject:
Title
Ordinance 14-2024: An ordinance on second reading amending the city code, Chapters 20 and 21 of Title 3, Business Regulations, relating to marijuana retailer licensing
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid Betzing, City Attorney |
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Presentations: |
Reid Betzing, City Attorney |
PURPOSE:
To consider amending the city’s current marijuana licensing provisions.
LONG-TERM OUTCOME(S) SERVED:
High Quality Governance;
Robust and Resilient Economy
DISCUSSION:
In review of the city’s licensing provisions in comparison to other jurisdictions, there were differences concerning the hours of operation that were permitted, mainly prescribing 9:00 a.m. as the earliest a marijuana retailer could open. Additionally, most jurisdictions did not prescribe a maximum square footage for sales nor set a maximum amount for medicinal sales.
|
City |
Hours of Operation |
Square Footage Max |
Quantity Restriction For Medical |
|
LITTLETON |
9:00 A.M. - 10:00 P.M. |
2000 sq ft |
2 oz |
|
Englewood |
8:00 A.M. - 8:00 P.M. |
|
State law |
|
Sheridan |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Lakewood |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Aurora |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Boulder |
8:00 A.M. - 10:00 P.M. |
3000 sq ft |
State law |
|
Denver |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Fort Collins |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Wheat Ridge |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Broomfield |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Commerce City |
8:00 A.M. - 10:00 P.M. Medical 8 A.M. - 7 P.M. |
|
State law |
|
Thornton |
8:00 A.M. - 12:00 A.M. |
|
State law |
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Northglenn |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Brighton |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Lafayette |
8:00 A.M. - 10:00 P.M. |
3000 sq ft |
State law |
Council is being asked to consider three (3) changes to the city’s current marijuana licensing provisions: 1) Increasing the allowed hours of operation from 9:00 a.m. to 10:00 p.m. to 8:00 a.m. to Midnight. This change would allow for hours similarly allowed for liquor retailers 2) Allowing for medical patients to purchase more than 2 oz. to the amount prescribed by a registered doctor in accordance with state statute; and 3) To change the square footage requirement of a maximum of 2,000 square feet to 4,000 square feet.
This item was discussed with council at a study session on May 7, 2024. Council directed staff to return with an ordinance for council consideration, with enhanced notification of proposed changes so that interested residents would have the ability to provide comment on the changes. To this end, staff will publish an article in the Littleton Report Online that will post on June 1, 2024 and use the city’s social media channels to publicize the second reading the ordinance, scheduled for June 4, 2024.
At that study session there seemed to be support for some of the amendments but also an interest with enhanced notification to get more public input. As a result of that interest, the proposed amendments are offered and an enhanced notification was done.
BACKGROUND:
The Colorado Constitution (Article XVIII, Section 16) permits adults over the age of 21 to purchase, use, possess and cultivate limited amounts of marijuana and allows local governments to prohibit retail marijuana establishments, to adopt regulations governing the time, place, manner, and number of establishments, and to establish licensing procedures and operating fees.
In July of 2014, council approved Ordinance 13-2014, which prohibited retail marijuana establishments in the city. In November of 2020, the registered electors of the City of Littleton voted to allow existing medical marijuana center licensees in the City of Littleton to sell retail marijuana on and after January 1, 2021.
Pursuant to that vote, council adopted an ordinance to allow for retail sales of marijuana. Since the adoption of licensing provisions related to both medical and retail/recreational sales, the city has received correspondence asking for revisions to our current code and Council has asked for this item to be brought forward for it’s consideration since many of the licensing provisions were done soon after its state legalization.
Prior Actions or Discussions
This item was discussed with council at a study session on May 7, 2024, and the ordinance passed on first reading at the May 21, 2024 council meeting.
FISCAL IMPACTS:
The fiscal impacts are unknown but adopting these code amendments could lead to additional sales tax revenues from the sale of marijuana.
STAFF RECOMMENDATION:
Staff recommends approval of the amendments.
ALTERNATIVES:
1. Provide direction for different hours of operations, square footage limits, and quantity limits.
2. Make no change to existing regulations.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 14-2024 amending the city code, Chapters 20 and 21 of Title 3, Business Regulations, relating to marijuana retailer licensing.