04.28.16 MAP PPMarijuana Advisory PanelCity Staff Presentation 5Zoning/ Separation/Density Restrictions Background Checks for Business ManagersCharge of PanelHours of OperationSale of Non-Marijuana Merchandise April 28, 2016
Staff Presentation AgendaA. Zoning/Separation/Density ProvisionsB. Revised Criteria for Background Checks for Business ManagersC. Charge of the GroupD. Hours of OperationE. Sales of Non-Marijuana Merchandise
Land Use Requirements in BoulderPlanning in Boulder Modular Zone System: Use, Form, Intensitydensity restrictions; square footage limitationsMarijuana allowed where similar business-type uses allowed by right square footage allowed depends on use category
Diversity of Uses by Land Use Requirementsinstead of setting a cap on the total number of marijuana businesses that can be in Boulder, City council limits the number of MJ license through zoning, distance, and density.Other examples of uses with similar restrictionsQuestions
ZoningMMB Wellness Centers and RMB Dispensaries in zones where “Personal Services” are a use by right. Grows allowed in zones where “greenhouse/nursery” or “Manufacturing <15,000 sf” are a use by rightMIPs and Testing Facilities allowed in zones where “Manufacturing <15,000 sf” are a use by right.All locations which had a license or had filed an application by October 22, 2013 are grandfathered in at their current locations. Because of the above categories, a Grow or MIP supplying product could not be at the same address as sales location which sells the MJ product.
Separation Requirementswellness centers and dispensaries must be at least 1,000 feet from schools, universities, day cares, and rehabsGrows, MIPs, and Testing Facilities must be at least 500 feet away from schools, No new marijuana business license will be issued within 500’ of 3 other marijuana businessesDistance measurements via GIS mapping from property line to property lineIf a licensed location existed before the BRC change, it is grandfathered with same licensee and address
Land UseYouth; Patients; Medical vs. Recreationalother MJ businesses; Non-MJ businessesEconomy
Background checksReview State criteria for background checksoRequired for all EmployeesoApplicationoChecklist for state review of applicationoDifferent depending on type of license applied foroReason for dual system – rely on city background checksReview City criteriaoRequired only for decision makers and on-site employee responsibleoConsiders evidence of rehabilitation
Background Check Impact on Youth;Patients;Medical vs. Recreational;Other MJ businesses;Non-MJ businesses;Economy
Discussion of Charge of PanelReport from City StaffGroup discussion
Purpose Statement in ProtocolsThe 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 PointOption 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.
City of Boulder Hours of OperationCity of Boulder hours are 8AM to 7PM each dayBoulder County hours are 8AM to 10PM each dayState of Colorado, if not locally defined, 8AM to 12 Midnight each day
Hours of OperationImpact on:oYouth; oPatients; oMedical vs. RecreationaloOther MJ businesses; oNon-MJ businessesoEconomy
Non-Marijuana Merchandise That May be Sold in Retail LocationMarijuana Accessories defined in Amendment 64 may be soldAny products, that are wearable or non-consumable, and marked with name and logo of the same business selling the product may be sold.No products in child sizes, designed for use by minors, or which are misleading, deceptive, false, or appealing to minors may be sold.
Sale of Non-MJ MerchandiseImpact on:Youth;Patients;Medical vs. Recreational;Other MJ businesses;Non-MJ businesses;Economy
Quality of Life- Odor, Extraction, & Unlicensed GrowsFor all city MJ licensees, their ventilation and filtration must be sufficient so MJ odor cannot escape licensed premise building envelopeFor city MIPs an Industrial Hygienist must create an IH plan for safe extraction and creation of MJ products and operate consistent with that planIf a building unit has more than 6 MJ plants then it must have a city MMB or RMB issued license due to health and safety concernsOdor complaints are most common received for city staff, usually 1 to 2 a month to be investigated