Chapter 3.28
RETAIL MARIJUANA LICENSES
Sections:
3.28.010 Retail marijuana licenses.
3.28.020 Licensing of medical and retail marijuana centers.
3.28.027 Mobile premises marijuana hospitality businesses or establishments prohibited.
3.28.040 Requirements for medical and retail marijuana centers.
3.28.010 Retail marijuana licenses.
A. Marijuana Local Licensing Authority Established. Pursuant to C.R.S. Section 44-10-103(28), which was relocated from C.R.S. Section 12-43.4-103(7) of the Colorado Marijuana Code, hereinafter the term “Colorado Marijuana Code” shall refer to C.R.S. Section 44-10-101, et seq. Effective January 1, 2020, “Local Licensing Authority” shall mean the City Council of the city of Glendale for purposes of the Colorado Marijuana Code. The local licensing authority shall have all the powers of a local licensing authority, as set forth in the Colorado Marijuana Code. Additionally, the Local Licensing Authority shall have the power to promulgate rules and regulations concerning the procedures for hearings before the Authority and to require any applicant or licensee to furnish any relevant information required by the Authority.
B. Compliance with State Law. The Local Licensing Authority shall implement and comply with the minimum licensing requirements set forth in the Colorado Marijuana Code, Sections 44-10-101, et seq. of the Colorado Revised Statutes. (Ord. 2020-2 § 1 (part): Ord. 2013-8 § 1)
3.28.020 Licensing of medical and retail marijuana centers.
It is unlawful for a medical or retail marijuana center to operate in the city of Glendale after August 1, 2014, without first being licensed under this chapter. (Ord. 2020-2 § 1 (part): Ord. 2014-8 § 1 (part))
3.28.025 Licensing of marijuana hospitality businesses and marijuana hospitality and sales businesses.
It is the intent of the city of Glendale to allow, in compliance with this chapter, the operation of marijuana hospitality businesses and marijuana hospitality and sales businesses, as defined in the Colorado Marijuana Code, in the city of Glendale. Marijuana hospitality businesses (or its Colorado Marijuana Code term “establishments”) and marijuana hospitality and sales businesses (or its Colorado Marijuana Code term “establishments”) shall each be referred to herein as hospitality business(es). It is unlawful for a hospitality business as defined in the Colorado Marijuana Code to operate in the city of Glendale without first being licensed under this chapter. Nothing in this section is intended to preclude an applicant from submitting an application to the state of Colorado for approval prior to submitting an application to the city of Glendale. (Ord. 2020-2 § 1 (part))
3.28.027 Mobile premises marijuana hospitality businesses or establishments prohibited.
It is unlawful to operate marijuana hospitality businesses with a mobile premises. The enabling ordinance creating this chapter expressly prohibits any operation or licensing of a mobile premises related to the sale or consumption of marijuana. (Ord. 2020-2 § 1 (part))
3.28.030 Application for local licensing of medical marijuana center, retail marijuana center, marijuana hospitality business, or a marijuana hospitality and sales business.
A. An application for a local medical marijuana center, retail marijuana center, and hospitality business shall contain the following:
1. A copy of the state of Colorado retail marijuana, medical marijuana, and hospitality business, license application.
2. Payment of an application fee of twenty-five dollars ($25.00).
3. Copy of the lease, deed, or other proof showing possession of the premises.
4. A plan depicting the area of the premises.
5. A completed application in a form provided by the City Clerk. (Ord. 2020-2 § 1 (part): Ord. 2014-8 § 1 (part))
3.28.040 Requirements for medical and retail marijuana centers.
A. The following requirements shall apply to all medical and retail marijuana centers in the city of Glendale:
1. A retail marijuana store shall be closed to the public, and no sale or other distribution of marijuana shall occur upon the premises, between the hours of midnight and 7:00 a.m.
2. The centers may only locate in areas allowed under the zoning code as provided for in Section 17.12.040(C).
3. The centers may not locate within two hundred (200) feet on the same side of the right-of-way of another medical or retail marijuana center.
a. Co-locating a retail and medical marijuana establishment is exempt from this requirement subject to the following:
i. A licensed medical marijuana center that permits admittance of patients under twenty-one (21) years of age may also hold a retail marijuana store license and operate a dual marijuana business operation on the same licensed premises. In such case, the retail marijuana store licensee must post signage clearly conveying that persons under twenty-one (21) years of age may not enter the area that contains the retail marijuana store. Under these circumstances, and upon approval of the local and state licensing authorities, the medical marijuana center and the retail marijuana store may share a common foyer but must have separate entrances and exits, and medical marijuana and retail marijuana goods and products must be separately displayed and sold. Record keeping for the business operations of both must enable the local and state licensing authorities to clearly distinguish the inventories and business transactions of medical marijuana and medical marijuana-infused products from retail marijuana and retail marijuana products.
ii. A licensed medical marijuana center that prohibits admission of patients under the age of twenty-one (21) years of age may also hold a retail marijuana store license and operate a dual marijuana business operation on the licensed premises. In such cases, the medical marijuana center must post signage clearly conveying that persons under twenty-one (21) years of age may not enter the establishment. Under these circumstances and upon approval of the local and state licensing authorities, the medical marijuana center and retail marijuana store may share the same entrances and exits. Medical marijuana and retail marijuana and medical marijuana-infused products and retail marijuana products must be displayed separately on the same sale floor. Record keeping for the business operations of both must enable the state and local licensing authority to clearly distinguish the inventories and business transactions of medical marijuana and medical marijuana-infused products from retail marijuana and retail marijuana products.
b. The distance restrictions set forth in this section shall not affect the renewal of a license once granted or apply to a license in effect and actively doing business before the construction of, or the opening of, a medical or retail marijuana center.
c. The distances set forth in this section are to be computed by direct measurement from the nearest portion of the footprint of the retail or medical marijuana establishment. (Ord. 2020-2 § 1 (part): Ord. 2014-8 § 1 (part))
3.28.045 Requirements for marijuana hospitality businesses and marijuana hospitality and sales businesses.
A. The following shall apply to all hospitality businesses in the city of Glendale:
1. The hospitality businesses’ premises shall only locate in Glendale in compliance with Section 17.12.040(C) of the zoning code and the following:
a. The premises shall be located adjacent to an existing retail marijuana center licensed in Glendale.
b. If the proposed premises location at a marijuana center that is nonconforming use as defined in the zoning code, the premises shall only locate within the existing area occupied by the marijuana center within six months prior to the proposed use by the hospitality business. No premises shall expand to an area not occupied within six (6) months prior by the existing marijuana center use.
2. (This subsection is reserved.)
3. Hospitality businesses are permitted to provide food and or nonalcoholic beverages as authorized and in accordance with the Colorado Marijuana Code and the rules and regulations promulgated thereunder.
4. Hospitality businesses are permitted to allow the smoking of marijuana on their premises as provided in C.R.S. Section 25-14-205(1)(l).
5. Hospitality businesses are permitted to allow the use of liquid petroleum gas, butane torch, butane lighter, or matches in the premises for the purpose of aiding patrons in the act of smoking of marijuana.
6. Marijuana products may not leave the premises of marijuana hospitality and sale businesses with any patron.
7. Hospitality businesses that allow smoking of marijuana shall design their heating, ventilation, and air conditioning in a manner that segregates cross contamination to areas indoors, but outside the premises. Hospitality businesses shall provide reasonable mechanical smoke elimination to minimize the accumulation of smoke within the premises. (Ord. 2020-2 § 1 (part))
3.28.050 Permit—Review.
The City Clerk shall review all applications for local licensing of retail marijuana centers, medical marijuana centers, and hospitality businesses for the following:
A. Completeness of the application.
B. Compliance with the zoning code and location requirements after consultation with the Community Development Department.
C. Verification that no other applications were received whose locations would overlap the location requirements of this chapter.
1. If multiple applications are received on proposed locations that would violate the location requirements of this chapter, priority shall be given by the order the application or notice of intent was received by either the state of Colorado or the city of Glendale for the specific location.
2. If the application given priority is approved, the other applications shall be denied.
D. Compliance with all other requirements of this chapter or other requirements of the Glendale Code of Ordinances. (Ord. 2020-2 § 1 (part): Ord. 2014-8 § 1 (part))
3.28.060 Permit—Issuance.
If the application complies with the requirements of this chapter and other requirements of the Glendale Code of Ordinances, a license shall be issued. (Ord. 2020-2 § 1 (part): Ord. 2014-8 § 1 (part))
3.28.070 Effect of denial.*
If the office of the City Clerk disapproves an application, no local license for either a retail marijuana center, medical marijuana center, or hospitality business shall be issued. (Ord. 2020-2 § 1 (part): Ord. 2014-8 § 1 (part))
* Code reviser’s note: This section was added by Ord. 2014-8 as 3.28.060. It has been editorially renumbered to avoid duplication of section numbers.