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12.3.18- Updated Suggestion Form to change city penalty schedule for fake ID violations to raise fine- J. KurishName: John Kurish Company: JTR Caregivers LLC Phone: 719-641-7778 Title: General Manager Date: 12/3/2018 Email: johnny.k@helpinghandsherbals.com Mailing Address: 1021 Pearl St Unit B Boulder CO 80302 Boulder Revised Code or City Manager Rule suggested amendment with Legal Citation/Chapter/Subsection: City of Boulder Marijuana License Penalty Schedule Guidelines – February, 2017 Suggested Wording for Change: Add additional “Operational Infraction,” with attendant penalty schedule for Operational Infractions, as follows: Sale of MJ or a MJ Product to a person under 21 years of age who presents fraudulent identification This infraction should be a higher fine than the rest of the category Basic Justification for Suggested Change: Punishing licensees for sale to a minor on a maximum scale based on a fraudulent identification in the same manner as sale to a minor on a vertical or other identification which identifies t he minor as underage is inherently unfair. Modern technology allows for production of sophisticated fraudulent identification, and licensees are subject to severe penalties for relying on what could be a valid ID upon inspection. When presented with a fake ID, store workers believe that they are selling to an adult based on the proof of age provided if unable to recognize the fake. They are not knowingly selling to a minor, as if the buyer presented their true underage ID. Colorado state marijuana rules provide an affirmative defense for sales to minors based on fraudulent identification, and the City’s penalty schedule should reflect this as well. There is already an operational infraction for “ID scanner not utilized and/or failure to properly verify ID for determination of age” that seems more parallel to a fake ID sting than knowingly selling to a minor that presented their actual underage ID. Also, there is also no legal way that a licensee can hire a 3rd party service to self-test their employees with fake IDs. The best way to pass testing is to gain knowledge through coursework, self-test until certain all knowledge has been retained and is being used in practice, then you take the final test. Without a self-test option, licensees are missing a key piece to this formula needed to pass fake ID tests with certainty. Examples of when the current Code or Rule has caused a problem (please provide real world examples): Recent City of Boulder stings utilized undercover operatives using sophisticated false identification to obtain access to and purchase recreational marijuana from licensed recreational marijuana centers in Boulder. 3rd party sting services, like ones used in the liquor industry, are not legally allowed to do practice stings with fake IDs. Explain how the change would affect/benefit the Industry: This change would incentivize marijuana licensees to focus on case-by-case identification checking, ensuring closer compliance with age limitations on retail marijuana sales. This change would further align the City of Boulder’s regulatory regime with state-wide rules for identification checking, allowing for regulatory clarity for the Industry. It could also allow for more frequent practice at mastering catching fake IDs because this type of sting is not an option to practice in our business without a legal way to contract self-stings. Explain how the change would affect/benefit the City organization: The City would benefit by incentivizing its marijuana licensees to maintain more compliant operations, closely inspecting identification and thereby lessening the workload on City police and the City licensing authority. All operations would deny more fake ID users than if there wasn’t the opportunity for a more frequent, more educational than punitive test like suggested. Explain how the change would affect/benefit members of the Public who are not related to the marijuana industry or marijuana customers: The Public would benefit due to having recreational licensees clo sely scrutinize presented identification, which would more effectively prevent sales to minors health and safety operational violations by marijuana licensees. List any documents you have provided which would support the proposed change: City of Boulder Marijuana License Penalty Schedule Guidelines – February, 2017 City of Boulder Marijuana License Penalty Schedule Guidelines - February, 2017 The following is the Penalty Schedule that is used for guidance by the Boulder Marijuana Licensing Authority when proposing penalties. This schedule includes the most frequently occurring violations, but it is not an all-inclusive list of all possible violations of the Boulder Marijuana Codes. The city Marijuana Enforcement team members are always available to answer questions beforehand about compliance from Boulder Marijuana businesses to ensure that their business operations remain compliant with our local law. Additionally, the City of Boulder offers MJ sales and service training for stores, key-holder training about city inspection requirements and enforcement trends, and MJ city tax requirement trainings so that Boulder Marijuana businesses can acquaint themselves with local laws and operating requirements and notices for these city trainings will be posted on the City of Boulder licensing office website. Actual penalties may vary depending on a variety of factors such as mitigating or aggravating circumstances, efforts of business to correct the violation, or time between violations. Boulder marijuana businesses have a right of appeal for fine, suspension, and revocation recommended penalties, and if an appeal is timely filed a quasi-judicial hearing before a city municipal court judge will be held. Oeerational Infractions First Second Third Fourth Fifth Offense Offense Offense Offense Offense Unsealed MJ possession by $1,000 $2,500 fine $3,000 $5,000 Revocation employees at licensed premise or fine fine fine acceptance of samples by employees MJ product or plants not properly $1,000 $2,500 fine $3,000 $5,000 Revocation packaged for removal/transport or fine fine fine MIP products not properly labeled Unapproved goods sold at licensed $1,000 $2,500 fine $3,000 $5,000 Revocation premise fine fine fine ID scanner not utilized and/or failure $1,000 $2,500 fine $3,000 $5,000 Revocation to properly verify ID for fine fine fine determination of age Refusing to remove key-holder from $1,000 $2,500 fine $3,000 $5,000 Revocation management when background is fine fine fine unapproved by city Failure to obstruct view MJ of sales or $1,000 $2,500 fine $3,000 $5,000 Revocation storage of MJ from public view fine fine fine 1 First Second Third Fourth lmeact on Communit)l or Safet)l Violations Offense Offense Offense Offense Illegal Advertising $2,000 fine $3,500 fine $5,000 fine Revocation For Medical Marijuana wellness centers only, not having a private consultation room or not $2,000 fine $3,500 fine $5,000 fine Revocation offering other holistic offerings at licensed location No city approved key-holder or owner on-site $2,000 fine $3,500 fine $5,000 fine Revocation Uncooperative with PD with inspections or $2,000 fine $3,500 fine $5,000 fine Revocation investigations or misrepresentation to regulators Refusal to allow city inspections or premise $2,000 fine $3,500 $5,000 fine Revocation access fine Sale of LLC shares or corporate stock in $2,000 fine $3,500 fine $5,000 fine Revocation Boulder business or adding officers/managing members without proper and complete 30-day pre-file with the city Secure dispensing area not locked or restricted $2,000 fine $3,500 fine $5,000 fine Revocation licensed location unlocked MJ product transport details not emailed to BPD and email bounce back not printed for $2,000 fine $3,500 fine $5,000 fine Revocation transportation by licensee Processing of MJ in violation of the Code (e.g. $2,000 fine $3,500 fine $5,000 fine Revocation at store, at a grow or illegal processing at a MIP) Failure to abide by neighborhood responsibility $2,000 fine plan $3,500 fine $5,000 fine Revocation Failure to address odor per recommendation $2,000 fine $3,500 fine $5,000 fine Revocation On-premise consumption by customers $2,000 fine $3,500 fine $5,000 fine Revocation Failure to operate business in compliance with $2,000 fine $3,500 fine $5,000 fine Revocation the license or its operating plan or security plan 2