Sec. 6-5-307. Application for medical marijuana license.
Except as otherwise provided in this Article, it shall be unlawful for any person to cultivate, sell or otherwise distribute marijuana for medical use in the Town of Telluride without first obtaining a license to operate as a licensed medical marijuana facility pursuant to the requirements of this Article. Application for a medical marijuana license shall be made to the Authority upon forms provided by the Town for that purpose.
(a) An applicant for a medical marijuana license shall submit to the Authority an application with the following information:
(1) Information required on the application forms prescribed by the State of Colorado;
(2) Information required on the application forms prescribed by the Authority, which may require any information, document or photograph relevant to any requirement for a license under state law or this Article, or relevant to any condition that may be imposed on the license; and
(3) An operational plan showing how the business, licensed premises and adjacent grounds will be operated, including but not limited to:
a. How and where marijuana or marijuana infused products will be cultivated, advertised, processed, stored, packaged, exhibited, purchased, exchanged, and sold;
b. If any cultivation is to occur within the licensed premises, a description and plan for cultivation, including:
1. Where the plants are grown;
2. The number of plants that will be grown;
3. A lighting plan for growing the plants;
4. The number of plants within a given stage of growth at any time;
5. The Town Council may adopt a carbon offset fee to fully offset the carbon generated by the cultivation of marijuana, including electricity for the growing lights, watering systems and venting. Any carbon offset fee adopted by the Council shall be as set forth in the fee schedule adopted by the Town Council.
c. How the business, licensed premises, and adjacent grounds will comply with each requirement contained in state law and Town ordinances, especially this Article;
d. How the operation will reduce or mitigate adverse effects on the area in which it is situated, including but not limited to any adverse effects related to crime, traffic, parking, noise, and lighting;
e. Hours of operation;
f. Number of employees;
g. Parking for employees and customers on the adjacent grounds;
h. Traffic flow into and out of the adjacent grounds;
i. Record-keeping as required under state law and this Article; and
j. Procedures for identifying patients when making sales.
(4) A security plan that addresses:
a. Methods to prevent and protect employees, patients, primary caregivers and others from robberies and assaults on the licensed premises and adjacent grounds;
b. Methods to prevent burglaries on the licensed premises and adjacent grounds when the premises are closed;
c. Exterior lighting of the building and adjacent grounds;
d. Windows from the licensed premises providing a view from inside the licensed premises to the adjacent grounds;
e. Locks, burglar alarms and a safe or vault as required in this Article; and
f. A limited access area barrier, limited access area, and employee badges for entering the limited access area as required under state law and this Article.
(b) The entire application shall be verified under oath by each principal in the applicant business. The registered manager and employees shall verify under oath the portions of the application that pertain to each of them.
(c) The applicant shall submit to the Authority the original application.
(d) An applicant shall not submit its application, and the Authority shall not accept the same, until the application is complete with all required information and necessary documents attached, in clear and legible form, assembled in good order. The applicant shall certify that the application is complete and the Authority or the Authority’s clerk shall review the application to determine that it appears to be complete before accepting the same.
(e) The determination by the Authority or its clerk that the application appears to be complete shall not constitute any representation or determination that the application meets the requirements of this Article for approval or issuance of a license. Notwithstanding any determination that the application appears to be complete, the Authority may note concerns or deficiencies in the application and its contents in the Authority’s determination and findings after conducting its ex parte review of the application as provided in Section 6-5-310 of this Code.
(f) After an application is accepted as complete, it may be amended or supplemented in writing before the application is set for hearing, but each amendment shall be verified under oath by each principal, and the registered manager and employees shall verify under oath the portions of any amendment that pertain to each of them. The applicant shall submit to the Authority the original of each amendment.
(g) After the application is set for hearing, the application shall not be amended and the Authority shall rule on the application as it exists at the time the hearing is set. (Ord. 1348, 2011; Ord. 1463 §4, 2018)