04.28.16 MAP TopicsIssue:
•Not enough space -competitive disadvantage
•Center (personal service) –3,000 sq. ft.
•Cultivation Facility (greenhouse/nursery) -15,000 sq. ft.
•MIP (manufacturing) –15,000 sq. ft.
•Lack of efficiency
•Enforcement, Businesses, HVAC, irrigation, etc…
•Boulder regulations
•Center Limitations -B.R.C. 6-16-7 (g) (1)
•Cultivation Facility Limitations -B.R.C. 6-16-7 (h)
•MIP Limitations -B.R.C. 6-16-7 (i)
Considerations:
•No limit may be too risky –it is considered time place and
manner (which is stated as the intent in B.R.C. 6-16-1 (9)
•Cultivation Facility is more like manufacturing than a nursery
•Center is more like a retailer than personal service
•Walgreens and Trader Joes are 15,000 sq. ft.
•Liquor stores –up to 30,000 sq. ft.
•Rather than changing the cap on Grows and MIPS we would rather open
square footage for efficiency.
•State Regulations
•No limits
Recommendation:
•Option 1:
•Center (retailer) –15,000 sq. ft.
•Cultivation Facility (manufacturing) -45,000 sq. ft.
•(3 floors of 15,000 sq.ft.)
•MIP (manufacturing) –45,000 sq. ft.
•Note: Boulder limits height of buildings to 55ft
•Option 2:
•Default to the state (no limits)
Zoning and Density Presented by Industry
4.28.2016
Issue:
•30 Day Waiting Period is too long
•Verbiage is ambiguous in ordinance
•Manager title is misleading
•Boulder regulations
•Waiting Period –B.R.C. 6-16-8 (e)
•Criteria –B.R.C. 6-16-6
Considerations:
•It has taken up to 80 days to hear back from city
•If we have to circumvent the law and make all of our staff
‘managers’, then there is something wrong with the law.
•Is it worth the extra time, labor and money for city of
Boulder officials to do the additional background checks?
•5-8% denials (not violators)
•How does the state background checks differ from city?
•What other Boulder businesses do background checks?
•State Regulations
•R 231
Recommendation:
•Option 1
•Default to state –change ‘business manager’ to ‘key badge’
•Remove ‘business manager’ from ‘licensee’
•Note: Financiers and owners would still be vetted.
•Inform Boulder of manager changes
•Option 2
•Post checklist
•Change manager to ‘key holder’
•Pending manager from application to decision
Boulder Manager List
Issue:
•We cannot sell or transfer our licenses
•This includes assets, infrastructure and inventory
•Boulder regulations
•B.R.C. 6-16-3 (e)
Considerations:
•Competitive disadvantage
•More numerous and less efficient cultivation facilities
•Transfers of stock are not a feasible option
•Grandfathering should survive the transfer of the license
•What other businesses are like marijuana?
•It is an agricultural commodity.
•Other Boulder business not able to sell/transfer their
license is not a good enough reason to not allow
marijuana businesses to.
•To our knowledge, no other industries in Boulder are
prohibited from selling their inventory.
•What is the legislative intent?
•How would this be a liability to the city?
•State Regulations
•R 205
Recommendation:
•Default to the State
•Required approval from Boulder as well as State
•Create form for approval process (see attached Denver
form example)
Sale/Transfer of License
Charge of the Group
•Questions to be pose:
•Charter asks: Committee gives regular updates to council? Who? How?
What? When?
•Do we have a choice in how and who present the updates?
•What does the process look like for the final recommendations?
•What format does the city council and city staff want the
recommendations in?
•Red-line? Line by Line recommendations with regulations that
apply?
•Who will present it?
•Can the panel nominate a spokesperson to present?
•Can the panel have a rebuttal after recommendations are submitted
to City Council?
•Can we request for a larger room for the recommendation meetings –June
9th and June 23rd?
•Are we over-reaching with our recommendations?
•Where does the money from marijuana tax go? % breakdown?
State or City Code Approach
•Considerations
•Can we combine the Medical and Recreational code to eliminate
redundancy?
•Future time and resources necessary to maintain city ordinance and keep
up-to-date with the State code.
•Boulder regulations came first and now the State code is comprehensive.
•Much of the Boulder code is redundant, conflicting or unnecessary.
•Recommendations
•Part 1: Recommend to take the state code and put in city supplements
•Time, place and manner (stated in B.R.C. 6-16-1)
•Density, Zoning, Odor, Quality of Life, Hours of Operation,
Energy Usage, etc…
•Part 2: Continue to revise current city code topic by topic and make
recommendations
Issue:
•Competitive Disadvantage
•Transferring and distribution (and wholesale) ends with hrs of
operation –complete process not just initiation
•It is hard for working folks to get to the store in time
•Boulder regulations
•Hrs: B.R.C. 6-16-8 (f)
•Transportation: B.R.C. 6-16-8 (m) (8)
Considerations:
•Other cities/counties that allow 8am-10pm
•Boulder County
•Aurora
•Pueblo (for recreational only)
•Lyons
•When do other businesses in boulder close
•Whole Foods –10pm
•Walgreens –10pm
•Snarf’s –10pm
•REI –9pm
•Trader Joes –9pm
•McGuckin’s –8pm
•State Regulations
•R 308 –7am til midnight
Recommendation:
•8am-10pm
Hours of Operation
Issue:
•Cannot sell:
•Vendor merchandise
•Marijuana-themed merchandise (marijuana leaf)
•MIP merchandise
•Boulder regulations
•B.R.C. 6-16-8 (p) (1) (c)
Considerations:
•Most of the restricted regulation is in the interpretation, not
the actual code
•Cannabis related products are being sold at multiple other Boulder
businesses without restricted access (see images)
•What is the legislative intent behind this?
•To prevent marijuana businesses from advertising in a false,
misleading, deceptive or a way designed to appeal to minors
(which is in the state code).
•State Regulations
•R 402 H
Recommendation:
•Default to States’ extensive advertising and merchandise
regulations.
Sale of Non-Marijuana Merchandise