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MARIJUANA LICENSING INFORMATIONAL
MEETING
September 8, 2016
AGENDAI. Introductions
II. Land Use Regulations—Robin Brown, Code Compliance Supervisor
III. Licensing Regulations—Michelle Kline, Municipal Prosecutor
IV. License Compliance and Enforcement—Michelle Kline, Municipal Prosecutor; Jennifer Stricker, TPD Detective
LAND USEMarijuana stores
• Retail only, or co-located retail/medical• One store location per geographic
quadrant (4 total)• Zoning
o Community Retail o Regional Commercial
• No co-location with another type of business
LAND USE
Geographic Quadrants• Quadrant 1: South of E. 120th Avenue and
west of York Street• Quadrant 2: South of E. 120th Avenue and
east of York Street• Quadrant 3: North of E. 120th Avenue and
east of Colorado Boulevard• Quadrant 4: North of E. 120th Avenue and
west of Colorado Boulevard
LAND USEMarijuana testing facilities
• Retail, medical or co-located • No limit on number of locations• Zoning
o Industrialo Business Parko Employment Center
LAND USEAll marijuana businesses must be
• At least 1,000 feet from existing public and private schools
o Defined as an educational institution that has a curriculum for kindergarten, elementary, secondary education, or postsecondary education.
• At least 500 feet from existing licensed childcare facilities
• At least 500 feet from existing alcohol and drug treatment facilities
LAND USEMeasured from the property line of the listed facility to the closest wall of the marijuana business
• Includes facilities outside ThorntonStores must be separated by at least 1,500 feet, measured from closest points of both buildings
• Does not include stores outside city
LAND USE MAP
- Quadrants- Zoning- Buffering
LAND USEZoning compliance verification
• Required prior to application submission• $45 one-time fee• 10-day review time, unless survey
required (max 20 days)• Final compliance review prior to
consideration by the Marijuana Licensing Authority
Pre-application / Development process
APPLICATION PROCESSRetail and Co-Located Retail/Medical
Marijuana Stores• Accepted from September 1-30, 2016• WILL NOT be accepted unless
accompanied by a Zoning Verification form
• WILL NOT be accepted unless accompanied by all required City forms
APPLICATION PROCESS• Applications for medical marijuana
store license WILL NOT be accepted without the application fee
• WILL NOT be accepted unless the application includes the date of the applicant’s state application meeting
APPLICATION PROCESS• State application appointments are
required before applications will be accepted by the State
• State has set aside December 6, 7, 8, 12, and 13 for appointments for Thornton applicants
• Once the State has accepted an applicant’s application, the applicant must immediately file 4 complete copies of the State application with the City
APPLICATION PROCESS• The City will hold all City applications
properly filed between September 1 and September 30 and will begin reviewing those applications after the City has received 4 complete copies of the applicant’s State application and the $2,500 application fee
APPLICATION PROCESSMarijuana Testing Facilities
• Accepted beginning September 1st in the City Clerk’s Office
• Will not be accepted unless accompanied by a Zoning Verification Form
• Applications must contain all required City forms, as well as a complete copy of the state application and accompanying documents
• Applications for medical marijuana testing facilities must be accompanied by the application fee
NEW APPLICATION FEESFirst Year Fees
Application Fee License Fee Background fee Operating Fee
Retail $2,500 (received from State)
$3,000 $39.50 per person
$6,750
Medical $2,500 $3,000 $39.50 per person
$6,750
Testing Retail $2,500 (received from State)
$2,500 $39.50 per person
$3,000
Testing Medical $2,500 $2,500 $39.50 per person
$3,000
LICENSING3-Stage Application Process
Stage 1: Initial ReviewThis stage begins once the City has received 4 copies of the State application and its share of the State application fee
• Application Completeness• Automatic grounds for denial
• State minimums• No prior drug or weapon-related felony
convictions• No current drug felony deferred judgments
LICENSINGStage 2: Point System Review
• City Clerk will gather reports from relevant staff and award points
• Applications will be forwarded with points assessment to the Authority
• The Authority may re-assess points, or accept the points as presented
• Criteria is applicable to applicant who is sole proprietor, or the principal officers, directors, and owners of a business
• 45-60 days for staff to complete this process
LICENSING
• Point System Review Criteria• Experience operating a licensed
marijuana business in Colorado• 3 years = 1 pt.• 4 years = 2 pts.• 5 years = 3 pts.
• Experience and Lack of Administrative Penalties
• 3 years = 1 pt.• 4 years = 2 pts.• 5 years = 3 pts.
LICENSING• Points System Review Criteria
• Thornton residency for prior 12 months = 1 pt.
• No prior felony convictions = 2 pts.• No prior misdemeanor convictions = 2
pts.• No pending criminal charges = 2 pts.• Certification that applicant will not
employ a person with a felony in last 10 years, any drug felony ever, or a drug misdemeanor in the last 5 years = 4 pts.
LICENSING• Point System Review Criteria
• Air filtration system prior to opening which filters air so as to prohibit odor outside the licensed premise = 3 pts.
• Security plan demonstrating implementation of security measures above minimum state and local requirements = 2 pts.
LICENSING• Point System Review Criteria
• Operating Plan = 1 – 10 pts.• Business Plan = 1 – 10 pts.• Plans will be reviewed by an
independent 3-person panel, and the final point assessment will be an average of the 3 scores rounded to the nearest whole number
• Applicants are prohibited to contact 3-person panel members
LICENSING• Point System Review Criteria
• Operating Plan and Business Plano Reviewed by an independent 3-person panelo Optional, but are worth between 1-10 points
eacho 10-page maximum for operating plano 20-page maximum for business plano City has provided forms 10M and 11M for
your use and referenceo Be specific!o This is what will likely set applicants apart
LICENSINGMoving forward to Stage 3• After final assessment of the points by the
City Clerk, City Development will do a final zoning verification of the top two point recipients in each quadrant
• All applications and points assessments will be forwarded to the Authority
• Authority will select highest point recipient from each quadrant to move forward
• Ties will be broken by random drawing
LICENSINGStage 3: Public Hearing• Hearing will be held no more than 60 days
after selection from Stage 2, and public notice shall be given
• Held in front of the Authority• Applicant must present Community
Engagement Plan• The Authority will consider how the
Community Engagement Plan interfaces with the operation of the business as presented in the application materials
LICENSING• Community Engagement Plan
• Must be submitted 7 days prior to the public hearing
• Must demonstrate that the proposed business will not adversely impact the health, welfare, or public safety of the neighborhood in which the business is proposed to be located
LICENSING• Community Engagement Plan
• Name, phone #, and email of the person responsible for outreach
• An outreach plan to contact and engage residents and business in the neighborhood
• A detailed plan to create positive impacts in the neighborhood, such as participation in community service, volunteer service, and promotion of neighborhood plans
• Written polices and procedures to timely address complaints and concerns
LICENSING• Stage 3: Public Hearing
• Authority will decide whether the applicant has proven, by preponderance of the evidence, that the Community Engagement Plan meets the stated requirements and that the Plan is consistent with the application, and either grant, grant with additional requirements, or deny
OPENING YOUR DOORS• Operations may not commence until
all necessary permits, licenses, and authorizations, including a Certificate of Occupancy, have been obtained
• Operations may not commence until the licensee demonstrates implementation of the State and local operating regulations
CHANGES TO THE LICENSE• Transfer of ownership, change of
location, modification of the premises, and change of corporate structure
• By application to the hearing officer• Transfer of ownership is prohibited for
2 years from the date of issuance of the license
• Fees are required
LICENSE RENEWALS • Licenses are valid for 1 year• A license renewal application may be
denied• For businesses who have not yet
received a Certificate of Occupancy, the City Clerk may renew the license for up to 90 days
RENEWAL FEESRenewal
Type of License Renewal Fee Operating Fee
Retail $1,750 $6,750
Medical $1,750 $6,750
Testing Retail $1,750 $3,000
Testing Medical $1,750 $3,000
OPERATIONAL REGULATIONS
• Know your State regulations• Additional/Enhanced City regulations
• Video surveillance• Security alarm system• Secured storage• Proof of age scanner• Odor management• Registered Manager
COMPLIANCE AND ENFORCEMENT
• Inspections• Quarterly for the first year and at least
once per year thereafter• Random• Police Department, Fire Department,
Building, Code
UNLAWFUL ACTS• Punishable by fine of up to $2,650
and/or a year in jail• Will also result in the filing of a
complaint for suspension/revocation of a license
DISCIPLINARY ACTIONS• Any violation of law or operating
regulation, whether City or State, may result in the filing of a complaint
• Complaints will be brought before a hearing officer
• Hearing officer has authority to impose a civil penalty, i.e. a fine, suspend a license, revoke a license, or summarily revoke a license
DISCIPLINARY ACTIONS• Sentencing Guidelines
• Developed using guidance from State• Allow for fines up to $100,000,
suspension, and revocation of a license depending upon the severity of the offense and the prior history offenses
QUESTIONS?