Agenda Date: 08/09/2017
Subject:
Title
Change of location for Metro Denver Telluride Health Center LLC, d/b/a The Hemp Center (MMC)
Body
|
Presented By: |
Colleen L. Norton, Deputy City Clerk |
ISSUE:
Whether to approve the application requesting a change of location for a Medical Marijuana Center license for Metro Denver Telluride Health Center LLC, d/b/a The Hemp Center from 2430 West Main Street, Littleton, Colorado to 5744 South Datura Street, Littleton, Colorado.
INTRODUCTION/HISTORY AND FACTS:
The Hemp Center is one of the original four MMC licenses issued by the City of Littleton and has operated as a licensed MMC from their original location since May of 2010. The licensee has submitted an application to allow a change of location for their Medical Marijuana Center (MMC) to a conforming location permitted under city code section 3-20-17.
LEGAL OPINION:
The following requirements are necessary for the issuance of the permit to change location:
1. Notice
Notice of the application and public hearing was published in the Littleton Independent on July 27, 2017. Notice of the application and public hearing was posted on the proposed location at 5744 South Datura Street on July 24, 2017.
2. Application
The application for a change of location is complete and does include:
• Floor Plan / Diagram
• Operating Plan
• Security Plan
3. Limitation on Number and Size
There shall be no more than four (4) centers licensed in the city. Centers shall be limited to a floor plan of two thousand (2,000) square feet.
The Hemp Center is currently licensed in the city. Approval of this request to change locations will not impact the total number of licensed outlets in the city.
CONCLUSIONS AND RECOMMENDATIONS:
Should the applicant’s presentation and the facts and evidence adduced as a result of the licensing authority’s investigation indicate that: (a) the application is complete and signed by the applicant; (b) the applicant has paid the appropriate 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 have not previously been convicted of a felony violation; and (f) the proposed location of the medical 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 authority approve the application for change of location.
PROPOSED MOTION:
Proposed Motion
I move to close the public hearing and to approve the application granting a change of location to Metro Denver Telluride Health Center LLC, d/b/a The Hemp Center from 2430 West Main Street to 5744 South Datura Street, Littleton, Colorado contingent on the applicant receiving all necessary building permits and approvals from the City of Littleton. The application 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 20; (6) the applicant, any person with an ownership interest of five percent (5%) or greater or any manger have not previously been convicted of a felony violation; and (7) the proposed location of the medical marijuana center is permitted in that the building is not located within any distance restrictions established by City Code.
OR
I mote to close the public hearing and that the application granting a change of location to Metro Denver Telluride Health Center LLC, d/b/a The Hemp Center, be denied 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] (1) the licensee has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of title 3, chapter 20 and any rule and regulation promulgated pursuant to title 3, chapter 20 or any state law or regulation or federal law except any federal law that conflicts with amendment 20; (2) the licensee has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; or (3) the licensee’s medical marijuana center has been operated in a manner that adversely affects the public health, welfare or safety of the city (evidence to support such a finding can include, but is not limited to: (a) a continuing pattern of offenses against the public peace, as defined in title 6, chapter 4 of the City code; (b) a continuing pattern of drug related criminal conduct within the premises of the medical marijuana center; (c) a continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana center; (d) a felony associated with the center, one or more of its owner(s) or manager; (e) failure to provide correct information for each person required in subsection 3-20-3(A) of the Code; or (f) failure to pay sales taxes in full by the deadlines specified by the City Code).