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Section V.  License Hearings
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Sec. 6-5-501. Notice of hearings; setting of hearings.
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(a) Notice for hearings on applications for new licenses, denial of a new license, renewals of licenses, and approval of major changes shall be given to the public in the manner prescribed by state law by posting the proposed premises and publishing a notice in a newspaper of general circulation at least fifteen (15) days before the hearing, stating the name of the applicant, the address of the proposed licensed premises, and the type of license applied for; and

(b) All notices shall state the date, time and place of the hearing, the name of the applicant or licensee, the address of the proposed or licensed premises, and the issue before the Authority.

(c) Notwithstanding any other provision regarding public notice, posting of notice on premises, publication of notice, agendas of the Authority, notices of hearing, or any other document made available to the public, contained in this Article or any other provision of the Telluride Municipal Code, which pertains or may be applied to any application for an optional premises cultivation license or a licensed optional premises cultivation operation:

(1) No public notice or publication of notice of any hearing shall be given concerning such a license or an application for the same;

(2) No notice of a hearing shall be posted at the proposed or licensed premises or adjacent grounds;

(3) No agenda, notice or other document available to or released to the public shall contain the address of the proposed or licensed premises;

(4) The address of the proposed or licensed premises shall not be disclosed by the Authority or Town staff in any hearing or statement concerning such application or license; and

(5) The address of the licensed premises or proposed licensed premises shall not be a matter of public record and shall not be released to the public.

(d) The applicant shall have the responsibility to set the matter with the Clerk of the Authority for a hearing, publish notices, provide a publisher’s affidavit of publication, post the premises with notice as required by this Article and state law, and provide an affidavit of posting.

(e) Failure of an applicant to properly publish notice of the hearing, post the premises with notice of the hearing as provided in this Article, and provide proper affidavits of the same shall deprive the Authority of jurisdiction to hold a hearing on the application.

(f) Applicants for a new license seeking a hearing under Section 6-5-311 of this Code shall have the sole responsibility to:

(1) Conduct the setting of the hearing with the Clerk of the Authority within the time limits prescribed in Sections 6-5-310(c) and 6-5-310(d) of this Code;

(2) Select a date for the hearing that is not less than thirty (30) and no more than ninety (90) days from the day of the setting;

(3) Publish and post the proposed premises with notice as required in this Article.

(g) Failure of an applicant to successfully bring an application for a new license or any major change to a hearing in compliance with every requirement of this Section shall constitute withdrawal of the application. Withdrawal of an application under this Section shall not constitute a denial of the application under Section 6-5-308(d)(5) of this Code and shall not prevent the applicant from resubmitting its application upon payment of a new application fee. (Ord. 1348, 2011; Ord. 1463 §4, 2018)

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