§ 8-94. License required; term of license; renewal application.

(a)

It shall be unlawful for any person to establish or operate a medical marijuana business or a retail marijuana business in the town without first having obtained from the town and the state a license for each facility to be operated in connection with such business. Such licenses shall be kept current at all times and shall be conspicuously displayed at all times in the premises to which they apply. The failure to obtain or maintain a current license shall constitute a violation of this section.

(b)

Any license issued by the authority under this article shall expire one year after the date of its issuance. A renewal application shall be made to the town clerk not less than 45 days prior to the date of expiration. No application for renewal shall be accepted by the town clerk after the date of expiration. The town clerk may waive the 45-day time requirement if the applicant demonstrates a reasonable reason.

(c)

An application for renewal of an existing license shall be made on forms provided by the town and the state. The town clerk is authorized to administratively process and approve, conditionally approve or deny renewal applications. The town clerk shall approve a renewal application unless credible evidence is presented that the applicant or the business does not meet the requirements of this article or of the Colorado Medical Marijuana Code or Colorado Retail Marijuana Code, as applicable. The town clerk may impose reasonable terms and conditions on a license as may be necessary to protect the public health, safety and welfare or to obtain or ensure compliance with this article, this Code and applicable state law. The town clerk shall provide written notice of his decision, including the reasons therefor, by first class, postage-prepaid United States mail to the applicant at the address shown in the application. An applicant may request an additional form of notification by electronic mail or other means, as specifically authorized by the applicant on the application. An applicant whose renewal application is denied or conditionally approved may appeal the clerk's decision to the board of trustees by filing written notice of appeal with the town clerk within ten days of the date of mailing of the decision. The board of trustees shall conduct a hearing on such appeal in accordance with section 8-98. The standard of approval to be applied by the town clerk as set forth in this subsection shall also apply to the board of trustees' review of the application.

(d)

At the time of the renewal application, each applicant shall pay the appropriate renewal fee (renewal application fee, in the case of a medical marijuana business, and renewal operating fee, in the case of a retail marijuana business) to the town to defray the costs incurred by the town for review of the application and inspection of the proposed premises, if necessary, as well as any other costs associated with the processing of the application.

(e)

The license required by this section is in addition to the general town business license required by article I of this chapter to operate any business within the town.

(Code 1987, § 8-4-6; Ord. No. 02-14, § 5(8-4-6), 7-30-2014)