1. Application Form and Verification. A completed application form to be provided by the Town Clerk. The contents of the application shall be verified, under oath, by each person or entity holding an ownership interest in the proposed medical marijuana establishment or retail marijuana establishment.

2. State Application and Materials to Comply with State Law. Any such materials required to be provided to the state of Colorado in order to receive a state license, including, by way of example, completed application forms for state license, certificate of good standing, organizational documents, disclosures related to ownership of the proposed business, proof of possession of the licensed premises, fingerprints of the applicants, building plans, security plans, sign plans, and lighting plans.

3. Area Map. An area map of the Town that demonstrates that the proposed licensed premises complies with Town zoning and location restrictions by depicting the proximity of the proposed licensed premises to any school, retail marijuana store, retail marijuana hospitality and sales establishment, or marijuana hospitality establishment.

4. Zoning. Proof that the proposed medical marijuana establishment or retail marijuana establishment will be located in a location that is compliant with the zoning and land use laws, or that the necessary land use application(s) has been made.

5. Proof of Possession of the Licensed Premises. The deed, lease, sublease, rental agreement, contract, or any other document(s) establishing the applicant is, or will be, entitled to possession of the proposed licensed premises as a medical marijuana establishment or retail marijuana establishment for a period of at least one (1) year from the date of issuance of the license.

6. Operating Plan. An operating plan for the proposed licensed premises which includes a description of the products and services to be provided by the proposed licensed premises.

7. Fees. Payment of all required fees as set forth in Appendix A of this code, together with an agreement to reimburse consultant fees on a form provided by the Town, which are nonrefundable.

8. Statements of Character. A statement of whether or not any person holding any ownership interest in the proposed medical marijuana establishment or retail marijuana establishment has (a) ever been denied an application for a medical marijuana establishment or retail marijuana establishment license by the state or any other local jurisdiction in the state, or has ever had such a license suspended or revoked; and (b) ever been convicted of a felony or has ever completed any portion of a sentence due to a felony charge.

9. Additional Information Requested. Upon request by the Town Clerk, Town Manager or the authority, an applicant must provide additional information or documents required to process and investigate the application. The additional information or documents must be provided within seven (7) days of the request; however, this deadline may be extended for a period of time commensurate with the scope of the request.

1. Completeness and Location Review. The Town Manager or designee shall review the application to determine whether: (a) the application is complete; and (b) the proposed licensed premises location is compliant with the zoning, land use laws, distance requirements, and restrictions on location, or that the necessary land use application(s) has been or will be made. Land use applications may be processed concurrently with the application for a license.

2. Incomplete Applications. If the application is deemed incomplete, the Town Manager shall notify the applicant in writing of the missing and required materials or information. The applicant shall have seven (7) days from such notice to provide the missing materials or information, or the application will be deemed automatically denied unless extended by the Town Manager in his or her sole discretion.

3. Referral of Application. The Town Manager shall provide a copy of the completed application to all Town departments, consultants and referral agencies for review of compliance with the provisions of this chapter, other provisions of the Town code, and any other applicable law, rule or regulation.

4. Setting Public Hearing. When an application is deemed complete under this initial review, the Town Manager shall notify the applicant of such fact and schedule a public hearing on the application in front of the authority.

1. Public Notice. The applicant shall be required to provide notice of the public hearing at its sole cost and expense. Such notice shall be made not less than fifteen (15) days prior to the scheduled public hearing by: (a) publishing a legal notice in a newspaper of general circulation within the Town; (b) posting a notice of public hearing in a conspicuous place on the proposed licensed premises viewable from a public right-of-way in a size and form approved by the Town Manager; and (c) mailing notice via certified mail, return receipt requested, to the owners of all properties within two hundred feet (200') of the property line of the proposed licensed premises. The notice shall state the type of license applied for, the address of the proposed licensed premises, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application.

2. Quasi-Judicial Procedures. Except as may be expressly set forth in this chapter, all hearings for a license shall be conducted pursuant to quasi-judicial procedures. The authority shall consider the facts and evidence adduced as a result of its investigation, as well as any other facts, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.

3. Required Findings. In order to approve a license, the authority must make the following findings:

4. Discretion of Authority – Review Criteria. The authority shall either deny an application or approve the application with or without conditions. In making such decision, the authority may consider:

5. Written Decision. Within thirty-five (35) days after the date of the public hearing, a copy of such decision shall be hand delivered or sent by certified mail to the applicant at the address shown in the application. The Town shall notify the state licensing authority of such decision.

6. Good Cause. The authority has authority to refuse to issue any medical marijuana establishment or retail marijuana establishment license for good cause, subject to judicial review. The term “good cause” means that the applicant has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of the Colorado Retail Marijuana Code or any rules or regulations promulgated pursuant thereto, or this chapter or rules or regulations promulgated pursuant to this chapter; the applicant has failed to comply with any special terms or conditions that were placed upon the licensee by the Town; or the proposed licensed premises cannot be supported by the existing infrastructure of the Town. (Ord. 782 §2 (Exh. A), 2020)