6.11.090 Additional standards and requirements for medical and retail marijuana establishments.
A. Activation of License. Prior to operation of the licensed premises, the license holder shall provide the Town with the licensee’s state license. Any approved medical marijuana establishment or retail marijuana establishment shall be open for business within one (1) year of the date of the approval and failure to do so shall be grounds for suspension, revocation, or nonrenewal of the license.
B. Expiration of License. Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in this chapter.
C. Posting of License. Every license issued by the Town for a medical marijuana establishment or retail marijuana establishment shall be posted during the period such license is valid. Such license shall be posted in a conspicuous place and shall be visible from the principal entrance of the licensed premises. When such license expires, it shall be removed; only valid licenses in full force and effect shall remain posted. It shall be the duty of each licensee to exhibit the license upon the request of any peace officer or other official of the Town.
D. Hours of Operation. All medical marijuana establishments and retail marijuana establishments may operate only from the hours of 9:00 a.m. to 12:00 a.m. midnight, Monday through Sunday.
E. Mobile Premises. A marijuana hospitality establishment with a mobile premises must also have or be associated with a retail marijuana establishment with licensed premises that is not mobile. The authority may place conditions on the areas within Town in which marijuana hospitality establishment’s mobile premises may operate.
F. Performance Standards. In addition, all medical marijuana establishments and retail marijuana establishments shall comply with the following requirements:
1. No licensed premises shall be managed by any person other than the licensee, establishment manager listed on the application, or a licensed business operator. Such licensee or establishment manager shall be responsible for all activities that occur within the licensed premises.
2. There shall be posted in a conspicuous location in each medical marijuana establishment and retail marijuana establishment legible signs which include warning statements set forth in Rule 1006 C.1.i of the Colorado Department of Revenue, Marijuana Enforcement Division, Permanent Rules Related to the Colorado Retail Marijuana Code, as amended.
G. Method of Storage and Transportation.
1. It shall be unlawful to store medical or retail marijuana in any location other than a medical marijuana-infused products manufacturing facility, optional premises cultivation operation, medical marijuana testing facility, medical marijuana transporter licensed premises, medical marijuana off-premises storage facility, retail marijuana cultivation facility, retail marijuana products manufacturing facility, retail marijuana testing facility, retail marijuana transporter licensed premises, or retail marijuana off-premises storage facility.
2. A transporter licensed premises may be used only for storage or transportation of the finished goods inventory of a licensed medical or retail marijuana establishment.
3. An off-premises storage facility may be used only for storage of finished goods inventory of the associated medical or retail marijuana establishment.
4. It shall be unlawful for any person to possess unsealed packages or containers of marijuana or marijuana product, to open sealed packages or containers of marijuana or marijuana product, or to repackage marijuana or marijuana product in any transporter licensed premises or off-premises storage facility.
5. It shall be unlawful for any person to sell, cultivate, manufacture, process, test, or consume any marijuana or marijuana product in any transporter licensed premises or off-premises storage facility.
H. Inspection. The licensee and/or owner of any licensed premises shall permit representatives of the Colorado Marijuana Enforcement Division, the Town’s Police Department, the Garfield County Public Health Department, the Town Manager or his designee, or the Grand Valley Fire Protection District to inspect the premises of a medical marijuana establishment and/or retail marijuana establishment for the purpose of ensuring compliance with this chapter, the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the medical marijuana regulations, or the retail marijuana regulations, as applicable.
I. Unlawful Acts. It shall be unlawful for any licensee to fail to comply with the requirements of the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, medical marijuana regulations, retail marijuana regulations, this chapter, and any other applicable state or Town law or regulation for the operation of the medical marijuana or retail marijuana establishments. In addition to other remedies provided by this chapter, such unlawful acts shall constitute violations of the Town Code (Class A municipal offense) and are subject to the general penalty provisions thereof. Each day that a violation continues shall be considered a separate violation. (Ord. 782 §2 (Exh. A), 2020)