§ 8-101. Locational criteria.

(a)

No retail marijuana store or medical marijuana center shall be issued a license if, at the time of application for such license, the proposed location is within 100 feet of a school, an alcohol or drug treatment facility, a licensed child care facility, or another licensed retail marijuana store or medical marijuana center.

(b)

Consistent with the other requirements of this section, a marijuana business may locate within the following zone districts within the town: the Commercial (C) zone district and the Light Industrial (LI) zone district. The location of a marijuana business in a zone district not listed in this subsection is expressly prohibited.

(c)

The distances set forth in subsection (a) of this section shall be computed by direct measurement in a straight line from the nearest property line of the lot used for the purposes stated in subsection (a) of this section to the nearest property line of the lot on which the marijuana business is located.

(d)

Each marijuana business shall be operated from a permanent location. No marijuana business shall be permitted to operate from a moveable, mobile, or transitory location.

(e)

The suitability of a location for a marijuana business shall be determined at the time of the issuance of the initial license for such business. The fact that changes in the neighborhood that occur after the issuance of the initial license might render the site unsuitable for a marijuana business under this section shall not be grounds to suspend, revoke or refuse to renew the license for such business so long as the license for the business remains in effect.

(f)

The locational criteria contained in this section shall apply to all proposed changes in the location of an existing license.

(g)

Co-location. Subject to all other requirements of this article:

(1)

An applicant who holds a valid medical marijuana center license issued by another jurisdiction as of the date of the adoption of the ordinance from which this article is derived, or who had a pending application for such a license with the state licensing authority prior to December 10, 2012, has paid all applicable licensing fees, and has not yet had that application approved, may apply to transfer the location of its medical marijuana center to the town and to co-locate a retail marijuana store on the same premises.

(2)

An applicant who holds a valid medical marijuana-infused product manufacturers' license issued by another jurisdiction as of the date of the adoption of the ordinance from which this article is derived, or who had a pending application for such a license with the state licensing authority prior to December 10, 2012, has paid all applicable licensing fees, and has not yet had that application approved, may apply to transfer the location of its medical marijuana-infused product manufacturers' premises to the town and to co-locate a retail marijuana products manufacturers premises at the same location.

(3)

An applicant who holds a valid medical marijuana optional premises cultivation operation license issued by another jurisdiction as of the date of the adoption of the ordinance from which this article is derived, or who had a pending application for such a license with the state licensing authority prior to December 10, 2012, has paid all applicable licensing fees, and has not yet had that application approved, may apply to transfer the location of its medical marijuana optional premises cultivation operation to the town and to co-locate a retail marijuana cultivation facility at the same location.

(4)

An applicant who holds a valid medical marijuana business license issued by the town pursuant to this article may subsequently apply to co-locate a retail marijuana business on the same premises.

(5)

On and after July 1, 2014, an applicant may simultaneously submit applications for a medical marijuana business and a retail marijuana business to be co-located at the same premises.

(6)

A person who holds both a retail marijuana business license and a medical marijuana business license may operate both such licensed businesses in the same premises, provided they meet the requirements of the Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code, the applicable regulations promulgated by the state, and this article.

(h)

The following numerical limitations are hereby imposed on the following types of marijuana business licenses within the town at any given time:

(1)

Retail marijuana store: three.

(2)

Medical marijuana center: three.

(3)

Retail marijuana products manufacturer: four.

(4)

Medical marijuana-infused product manufacturer: four.

(5)

Retail marijuana cultivation facility: six.

(6)

Medical marijuana optional premises cultivation operation: six.

No business shall be issued a license if the maximum number of licenses permitted for that type of license, under this subsection, have been issued by the town and remain valid. Each licensed premises and named licensee must comply with every other requirement of law, including, but not limited to, section 8-100.

(Code 1987, § 8-4-13; Ord. No. 02-14, § 5(8-4-13), 7-30-2014; Ord. No. 01-15, § 2, 7-1-2015; Ord. No. 02-15, § 2, 12-10-2015; Ord. No. 06-16, § 2, 9-8-2016)