The following definitions shall apply throughout this Article:
(a) The definitions contained in Article XVIII, Section 14, Colorado Constitution and §12-43.3-104, C.R.S., shall apply to this Article except where this Article provides a different definition or the context of this Article makes it clear that the statutory or constitutional definition does not apply.
(b) “Adjacent grounds” means all areas that the licensee has an exclusive right to possess by virtue of his ownership or lease, which are outside the enclosed licensed premises, but adjacent and contiguous to the licensed premises, including but not limited to porches, patios, decks, entryways, lawns, parking lots, and similar areas and all fixed and portable things in those areas, including but not limited to lights, signs, speakers, and security devices.
(c) “Approve a license” means to find that the requirements for a license have been met, but does not give the applicant the right to operate a medical marijuana facility until the license is issued.
(d) “Authority” means the Telluride Medical Marijuana Licensing Authority, which may be either an individual hearing officer or a board.
(e) “Character and record” includes all aspects of a person’s character and record, including but not limited to moral character, criminal record, serious traffic offenses, record of previous sanctions against liquor licenses, gambling licenses, or medical marijuana licenses, which the person owned, in whole or in part, or in which the person served as a principal, manager, or employee; education, training, experience, civil judgments, truthfulness, honesty, and financial responsibility.
(f) “Complaint” means a document filed with the Authority by the Town, any of its departments, or the Authority itself, seeking sanctions against a medical marijuana license.
(g) “Contiguous” means located within the same building as the medical marijuana center, located in a separate building on the same parcel of land as the medical marijuana center, or located in a separate building on a separate parcel of land that is adjacent to and shares at least fifty percent (50%) of a common lot line with the lot on which the medical marijuana center is located.
(h) “Creditor” means any person lending, paying, or providing funds, directly or indirectly, to pay any part of the costs of: (1) operating the medical marijuana facility, including but not limited to the costs of rent, mortgage payments, utilities, debt payments, supplies, product, equipment, advertising, vehicles, salary, and wages; or (2) purchasing an ownership interest, in any form, in the licensee business.
(i) “Employee” means the licensee’s or proposed licensee’s employees.
(j) “Harm” or “harmful to public health, safety or welfare” means any matter that adversely affects the health, safety, or welfare of any person or group of persons within the Town of Telluride or any adjacent community, including but not limited to matters related to crime, lighting, security, traffic, graffiti, litter, parking, and noise. A showing of actual harm shall not be required and a showing of potential or threatened harm shall be sufficient. Any violation of any criminal statute or ordinance is per se substantially harmful to public health, safety, and welfare, without any showing of actual or threatened harm. The mere possession, advertising, sale, cultivation, processing, smoking, or ingestion of medical marijuana and medical marijuana infused products, when performed lawfully, shall not in itself be considered harmful to public health, safety, and welfare.
(k) “In public” means any area that the public may generally enter, including any business open to the public. The term includes the licensed premises and the adjacent grounds. The term includes persons in motor vehicles located in a public place.
(l) “Issue a license” means to finalize the license after a previous approval of the license, and may or may not occur after approval of the license, depending on any completions, inspections, approvals, or conditions that the Authority may require to be satisfied before issuance. Issuance gives the licensee the ability to operate a medical marijuana facility, provided that the licensee also obtains a state license.
(m) “Licensee” means the person or entity holding a medical marijuana license under this Article.
(n) “Licensed premises” means the area inside a building in which the cultivation, manufacture, processing, infusion, possession, weighing, display, packaging, sale, and exchange of medical marijuana or marijuana infused products is licensed under this Article.
(o) “Marijuana” or “medical marijuana,” except where the context clearly indicates otherwise, means growing marijuana plants, harvested marijuana in any state, and medical marijuana infused products of all kinds.
(p) “Medical marijuana facility” means a medical marijuana center, an optional premises cultivation operation, or a medical marijuana infused products manufacturing operation.
(q) “Medical marijuana license” means any of the licenses described in Section 6-5-302of this Code, as amended.
(r) “Medical marijuana card” means any medical marijuana registration card issued to any patient or primary caregiver by the state of Colorado.
(t) “Patient” means a person with a debilitating medical condition who has received a recommendation from a licensed physician to use medical marijuana and who has received a medical marijuana card from the state.
(u) “Permit” when used as a verb means to:
(1) Participate in or contribute to an act, conduct or omission;
(2) Consent to or condone an act, conduct or omission;
(3) Know or have reason to know that an act, conduct, or omission is or may be occurring, or probably will occur unless steps are taken to prevent the same, and failing to take reasonable steps to halt, thwart or prevent the same; or
(4) Ignore, avoid knowledge or notice of, or turn a blind eye to an act, conduct or omission that may be occurring.
(v) “Person” means any natural person and any entity.
(w) “Principal” means:
(1) In the case of any entity, including any general or limited partnership, corporation, limited liability company, or other entity: any person who has a five percent (5%) or greater interest in the ownership of the entity, and any person who has the day-to-day authority to or actually does manage the entity’s finances.
(2) In the case of a corporation: the persons described for any entity in Subsection (w)(1) of this Section and the president, vice president, secretary, chief executive officer, chief financial officer, and any person who holds five percent (5%) or more of the capital stock of the corporation.
(3) In the case of a limited liability company: the persons described for any entity in Subsection (w)(1) of this Section and any member of the limited liability company.
(4) In the case of a sole proprietorship, the individual owner.
(x) “Serious traffic offense” means any driving offense carrying eight (8) points or more under § 42-2-127, C.R.S., or the substantial equivalent of such offense in any other state. (Ord. 1348, 2011; Ord. 1463 §4, 2018)