Loading...
Town Council Ordinance No 01 2014TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 1 SERIES OF 2014 r • •- - I , • WHEREAS, on November 6, 2012, Colorado voters passed Amendment 64 to the State Constitution which provides that persons 21 years of age and older may legally possess and consume one ounce or less of marijuana without a medical need, and for retail marijuana sales to be taxed and licensed similar to alcohol sales; and WHEREAS, although Medical Marijuana ( "MMJ ") and Retail Marijuana ( "RMJ ") are already permitted and regulated in the State of Colorado, no MMJ or RMJ facilities currently exist in the Town of Snowmass Village; and WHEREAS, possession or use of either MMJ or RMJ, as categorized by the State of Colorado, remains illegal under federal law; and WHEREAS, Amendment 64 to the State Constitution does not change existing federal law; and WHEREAS, the Colorado Department of Revenue through its newly created Marijuana Enforcement Division has recently issued new regulations for marijuana sales and use in Colorado; and WHEREAS, Amendment 64 provides that local jurisdictions can prohibit or regulate RMJ at the local level. WHEREAS, a temporary moratorium provides the time necessary to: analyze and assess the new State marijuana regulations as may be applicable to the Town of Snowmass Village; analyze and determine potential tax implications; allow resolution of any legal challenges to Amendment 64 and /or the State of Colorado regulatory scheme; allow the Town Council, Town Staff and the citizens of Snowmass Village to consider and develop local regulations pertaining to retail marijuana zoning, cultivation, distribution, sale and /or consumption; and /or consider opting -out of Amendment 64 and prohibit Retail Marijuana establishments in the Town of Snowmass Village. WHEREAS, for the foregoing reasons as well as the July 1, 2014 14 -01 TC Ord Page 2 of 3 expiration of the Town of Snowmass Village temporary moratorium on MMJ and RMJ facilities enacted September 23, 2013, the Town Council finds it is necessary for the immediate preservation of health, safety, peace and welfare to adopt this Ordinance extending the temporary moratorium to March 15, 2017. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village as follows: 1. There is hereby imposed a temporary moratorium, prohibiting the establishment of any medical marijuana facility or any retail marijuana establishment in the Town of Snowmass Village and said temporary moratorium is hereby deemed consistent with the intent of, and pursuant to the opt -out provisions of Amendment 64. 2. The temporary moratorium shall be effective upon the adoption of this Ordinance and shall expire without further action on March 15, 2017. 3. The temporary moratorium may be terminated or extended by the Town Council in its discretion upon good cause by adoption of an Ordinance. 4. The Town Clerk is directed to publish this Ordinance as soon as possible and in accordance with the provisions of the Town Charter. 5. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on First Reading on May 19, 2014 upon a motion by Council Member Kucker, the second of Council Member Butler, and upon a vote of four (4) in favor and one (1) opposed. Council Member Haber opposed. INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of the Town of Snowmass Village on Second Reading on June 16, 2014 upon a motion by Council Member Butler, the second of Council Member Kucker, and upon a vote of 4 in favor and 0 opposed. Council Member Haber was absent 14 -01 TC Ord Page 3 of 3 T OF MASS VILLAGE Bill Boineau, Mayor ATTEST: Rhonda B. Coxon, Town Clerk APPROVED AS TO FORM: (T6 Ll-v . John C. Dresser, Jr., Town