04.14.16 MAP PPPurpose Statement in
Protocols
The purpose of the Marijuana Advisory
Panel is to provide recommendations to
City Council for proposed changes and
amendments to the City code.
Options for Starting Point
Option 1:
Work from the existing City Marijuana Codes to make
recommendations to Council of changes necessary to
resolve conflicts with state law and reflect Boulder values.
Option 2:
Eliminate the existing City Marijuana Codes and adopt the
state marijuana laws and regulations as the city law with
changes as necessary to reflect values of the city.
Marijuana Advisory Panel
City Staff Presentation 4
Criteria for Business Manager Changes
Business Manager Appeals Process
30 day waiting period for Manager’s Authority
Sales and Transfers of City Marijuana Licenses
April 14, 2016
Staff Presentation Agenda
A. Criteria for Business Managers and Appeals
B. 30 day Waiting Period for Managers
C. Sales/Transfer of City Marijuana Licenses
Criteria for Business Managers Background Checks
State requires background checks for all employees
City requires background check only for licensees
and person in charge of licensed premises when
owner absent
Same criteria for business managers as licensees
(owners, members, officers, agents, financiers)
COB relying on Business Manager on site to create
compliance environment even when owner not
present
COB has had success with local background checks
catching people that became issues for other
jurisdictions
Background Checklist
City focuses on all background check results, not
just felonies
State negotiates for background checks to be
compliant while city uses objective checklist
Criteria checklist on next slide
If a person has a violation on their record, they
may submit evidence of rehabilitation
City requires some time between violation and
approval to make sure rehabilitation is working
Background
Check Form
(Page 1)
Business Manager Reviews Appeal Process
Denial of Business Manager Application may
be appealed
Business has right to appeal, not Business
Manager
Appeal is started by a request for quasi-
judicial hearing before Municipal Court
Reason for Business Managers
Having a business manager on site when owner not present is a concept used in the Colorado Liquor Code
Avoids need to have all employees subject to background check
Needed for enforcement
Examples
Not being allowed in business
Not able to open safe
If issue is the word “manager” can use a different word
Effect on
Youth;
Patients;
Medical vs. Recreational
other MJ businesses;
Non-MJ businesses
Economy
Business Manager Reviews Appeal
Process
30 Day Waiting Period for Managers to Be
Alone in Marijuana Business
State allows employees on licensed premises before
any background check
City requires at least 30 days from the time the
background check information is provided until the
person is alone on the licensed premises
Designed to give city a head start on receiving
backgrounds from other agencies
Easier to prohibit a manager at the start than later
during their tenure
Effect on
Youth;
Patients;
Medical vs. Recreational
other MJ businesses;
Non-MJ businesses
Economy
30 Day Waiting Period for Managers to
Be Alone in Marijuana Business
Sales and Transfers of City Marijuana Licenses
City licenses are non-transferable - BRC 4-1-4
o i.e. licenses for businesses; building, electric, plumbing
contractors; itinerant merchants; second-hand dealers, and
other city issued regulatory licenses
o Only exception are liquor licenses governed by state law
o Council specifically found marijuana license is a license and
not a property right
Code exception for medical marijuana licenses and MIPs
Operational option which allows sale without violating
Code
Limited Exception for Transfer
BRC 6-14-3(e)
Applies for transfer of medical marijuana licenses
New owners and licensees must have previously
had background checks approved by the city;
New owner applies for and receives a medical
marijuana business license for the new location;
and
The new location is not within a residential
neighborhood or a mixed-use development with
residences.
Staff Solution to Effect Transfer
Seller is allowed to operate until City knows Buyer
may be approved, then license surrender and re-
issuance occurs
Buyer receives remaining license term that Seller
has
All plans (Security, Operating, Dimensioned Floor,
Lighting and Ventilation including diagrams)
remain part of the license and conditions of
operations
Any changes to approved plans require approval
of a permanent modification
Effect on
Youth;
Patients;
Medical vs. Recreational
other MJ businesses;
Non-MJ businesses
Economy
Staff Solution to Effect Transfer