§ 8-95. Application requirements.

(a)

A person seeking a license pursuant to this article shall submit an application to the town on forms provided by the state and town. At the time of application, each applicant shall pay the appropriate fee to the town to defray the costs incurred by the town for background investigations, review of the application and inspection of the proposed premises, as well as any other costs associated with the processing of the application. In addition, the applicant shall present for recording one of the following forms of identification:

(1)

An identification card issued in accordance with C.R.S. § 42-2-302;

(2)

A valid state driver's license;

(3)

A valid driver's license containing a picture issued by another state;

(4)

A United States military identification card;

(5)

A valid passport; or

(6)

An alien registration card.

(b)

The applicant shall also provide the following information on a form approved by, and acceptable to, the town, which information shall be required for the applicant, the proposed manager of the business, and all persons having a financial interest in the business that is the subject of the application or, if the applicant is an entity, having a financial interest in the entity:

(1)

Name, address, date of birth, and other identifying information as may be required;

(2)

A completed set of the applicant's fingerprints;

(3)

An acknowledgement and consent that the town may conduct a background investigation, including a criminal history check, and that the town will be entitled to full and complete disclosure of all financial records of the business, including, but not limited to, records of deposits, withdrawals, balances and loans;

(4)

If the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State, as applicable;

(5)

A copy of the deed reflecting the applicant's ownership of, or a lease reflecting the right of the applicant to possess, the proposed licensed premises;

(6)

If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for the proposed type of business;

(7)

Evidence of the issuance of a valid town business license;

(8)

A clearly legible to scale diagram of the proposed licensed premises, no smaller than 8.5 inches by 11 inches and no larger than 11 inches by 17 inches, showing, without limitation, the building layout, all entryways and exits to and from the proposed licensed premises, and all areas in which marijuana will be stored, manufactured and/or dispensed;

(9)

A business plan for the business that contains, at a minimum, the following:

a.

A description of the security provisions and systems meeting the requirements of the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code, as applicable;

b.

Number of employees;

c.

A description of all products to be sold;

d.

The hours of operation;

e.

An exterior lighting plan;

f.

A description of all cultivation activities, including:

1.

Where plants are grown;

2.

The expected number of plants that will be grown on-site;

3.

A description of the ventilation system for the premises;

4.

A description of the internal lighting systems; and

5.

Expected water usage;

g.

The name, primary telephone number and alternative telephone number of the designated emergency contact, as required under section 8-102(8) and written affirmation that such individual is authorized to represent, make decisions for and act on behalf of the named licensee, if they are not the same individual, when contacted by the town in an emergency;

h.

A description of the projected demand on town water and sewer systems and measures relating thereto, including, but not limited to:

1.

Projected water usage;

2.

Projected volume and content of discharge into the sewer system;

3.

Any proposed interceptor, filter or other device necessary to prevent harmful materials from entering the town sewer system in violation of this Code; and

4.

An acknowledgement that the applicant may be required to dedicate water rights to the town, or otherwise provide an approved alternative means of providing water to the licensed premises, if, in the judgment of the authority, the projected or actual water usage exceeds the town's capacity to serve;

(10)

Any additional information that the authority reasonably determines to be necessary in connection with the investigation, review and determination of the application.

(c)

A license issued pursuant to this article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the business, including, without limitation, development approvals and building permits required by this Code, as well as permits, licenses and approvals required from the state or county, as applicable.

(d)

Upon receipt of a complete application, the authority shall circulate the application to all affected service areas and departments of the town to determine whether the application is in full compliance with all applicable laws, rules and regulations. The authority shall not act to approve, conditionally approve or deny an initial license application until after the authority has conducted a public hearing thereon in accordance with section 8-98. The authority shall approve an application upon a finding that the proposed business complies with the requirements of this article, this Code and the Colorado Medical Marijuana Code and/or Colorado Retail Marijuana Code, as applicable.

(e)

In a competitive application process in which there are more applicants than there are available licenses, the authority shall have as a primary consideration whether an applicant:

(1)

Has prior experience producing or distributing marijuana or marijuana products pursuant to the Colorado Medical Marijuana Code or the Colorado Retail Marijuana Code; and

(2)

Has, during the experience described in subsection (e)(1) of this section, complied consistently with all applicable provisions of the state constitution, state law, state regulations implementing such state laws, and this Code, as applicable.

(f)

The authority 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, the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code, as applicable.

(g)

After approval of an application, the authority shall not issue a license or license certificate until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures and equipment in place as are necessary to comply with the applicable provisions of this article. After approval of an application, the authority shall not issue a license or license certificate until the applicant provides written evidence that the applicant has paid all applicable state and local fees due in connection with the application. Each license certificate issued by the town pursuant to this article shall specify the date of issuance, the period of licensure, the name of the licensee, and the premises licensed.

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