(a) The definitions contained in Article XVIII, Section 16, Colorado Constitution and § 12-43.4-101, C.R.S., et seq., 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) “Alarm system” means a device or series of security devices, intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual, or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in process).

(d) “Applicant” means a person that has submitted an application pursuant to these rules that was accepted by the Authority but has not been approved or denied by the Authority.

(e) “Authority” or “local licensing authority” means the Retail Marijuana Licensing Authority, which may be either an individual hearing officer or a board.

(f) “Cannabinoid” means any of the chemical compounds that are the active principles of marijuana.

(g) “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, medical or retail 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.

(h) “Colorado Retail Marijuana Code” means § 12-43.4-101, C.R.S., et seq.

(i) “Colorado Retail Marijuana Code Rules” or “Rules” means rules related to the Colorado Retail Marijuana Code promulgated by Colorado Department of Revenue, Marijuana Enforcement Division, codified in the Colorado Code of Regulations at 1 CCR 212-2.

(j) “Consumer” means a person twenty-one (21) years of age or older who purchases marijuana or marijuana products for personal use, but not for resale to others.

(k) “Container” means the sealed package in which retail marijuana or a retail marijuana product is placed for sale to a consumer and that has been labeled according to the requirements pursuant to § 12-43.4-202, C.R.S., and set forth in the Rules.

(l) “Cultivation operations” means the premises or portion of a premises that is accessory to and operated by a licensed retail marijuana store or licensed medical marijuana establishment.

(m) “Denied applicant” means any person whose application for licensure pursuant to the retail code has been denied.

(n) “Division” means the Marijuana Enforcement Division.

(o) “Employee” means the licensee’s or proposed licensee’s employees.

(p) “Good cause” for purposes of denial or discipline of a license or permit means:

(q) “Label” or “labeling” means all labels and other written, printed, or graphic matter upon a container holding retail marijuana or a retail marijuana product.

(r) “License” means to grant a license or registration pursuant to the Colorado Retail Marijuana Code and this Article. Issuance of a license gives the licensee the ability to operate a retail marijuana store, provided that the licensee also obtains a state license.

(s) “Licensed premises” means the premises specified in an application for a license pursuant to the Retail Marijuana Code that are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, sell, or test retail marijuana in accordance with the provisions of the Retail Code and the Rules and this Article.

(t) “Licensee” means any person licensed pursuant to the Colorado Retail Marijuana Code and this Article.

(u) “Limited access area” means a building, room, or other contiguous area upon the licensed premises where retail marijuana is grown, cultivated, stored, weighed, packaged, sold, or processed for sale, under control of the licensee with access limited to only those persons licensed by the state licensing authority and those visitors escorted by a person licensed by the state licensing authority. All areas of ingress or egress to limited access areas shall be clearly identified as such by a sign as designated herein.

(v) “Marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or resin, including concentrate. “Marijuana” does not include industrial hemp, fiber produced from the stalks, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

(w) “Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

(x) “Medical marijuana” means marijuana that is grown and sold pursuant to the Medical Marijuana Code at § 12-43.3-101, C.R.S., et seq.

(y) “Medical marijuana business” means a licensed medical marijuana center, a medical marijuana infused products manufacturing business, or an optional premises cultivation operation.

(z) “Notice of denial” means a written statement from the state or local licensing authority articulating the reasons or basis for denial of a license application.

(aa) “Occupational licensee” means a person who has an occupational license issued by the Division.

(bb) “Operational plan” means a written plan demonstrating how the business will be operated including, but not limited to, how products will be advertised, processed, stored, packaged, exhibited, and sold; how adverse effects on the area will be mitigated; what the hours of operation will be; number of employees; parking plan; traffic flow; record-keeping method; and procedures for identifying customers.

(cc) “Order to show cause” means a document from the state or local licensing authority stating the grounds for imposing discipline against a licensee’s license.

(dd) “Owner” means the person or persons whose beneficial interest in the license is such that they bear risk of loss other than as an insurer, and have an opportunity to gain profit from the operation or sale of the establishment. An “owner” or an “ownership interest” shall not be considered an “applicant” for purposes of a major change under Section 6-6-117, and application of the criteria of Section 6-6-114, unless they have a three percent (3%) or greater interest in the ownership of the licensed entity under this Article.

(ee) “Permit” when used as a verb means to:

(ff) “Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization; except that “person” does not include any governmental organization.

(gg) “Premises” means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.

(hh) “Principal” means:

(ii) “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.

(jj) Registered Manager. Every licensee shall designate one (1) registered manager and delegate to the registered manager authority over the day-to-day operations of the licensee and the responsibility to ensure that the licensed premises and adjacent premises are operated in compliance with this Article. Should licensee sever its relationship with their registered manager, a major change application shall be submitted immediately, and named registered manager shall serve as interim registered manager until a final determination on the major change application has been made by the Authority.

(kk) “Retail marijuana” means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment. “Retail marijuana” does not include industrial hemp, nor does it include fiber produced from stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

(ll) “Retail marijuana cultivation facility” means an entity licensed to cultivate, prepare, and package retail marijuana and sell retail marijuana to retail marijuana stores, to retail marijuana product manufacturing facilities, and to other retail marijuana cultivation facilities, but not to consumers, as described in § 12-43.4-403, C.R.S.

(mm) “Retail marijuana establishment” means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturing facility, or a retail marijuana testing facility.

(nn) “Retail Marijuana Licensing Authority Hearing Officer” means a person appointed by Town Council resolution, and serving at the pleasure of Town Council, to handle the business of the local licensing authority.

(oo) “Retail marijuana products manufacturing facility” means an entity licensed to operate a business as described in § 12-43.4-404, C.R.S.

(pp) “Retail marijuana product” means concentrated retail marijuana products and retail marijuana products that are comprised of retail marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

(qq) “Retail marijuana store” means an entity licensed pursuant to this Article to operate a business as described in § 12-43.4-402, C.R.S.

(rr) “Retail marijuana testing facility” means an entity licensed to operate a business as described in § 12-43.4-405, C.R.S.

(ss) “Security plan” means a written plan, including but not limited to how the business will address employee and customer safety; burglary prevention methods; window and door locks; security of limited access areas; and after-hours security measures.

(tt) “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.

(uu) “State licensing authority” means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of medical marijuana and retail marijuana in Colorado, pursuant to § 12-43.3-201, C.R.S. In this state, the state licensing authority shall also have regulatory authority for retail marijuana as permitted in Section 16 of Article XVIII of the State Constitution and § 12-43.4-201, C.R.S.

(vv) “THC” means tetrahydrocannabinol.

(ww) “Withdrawal” of an application does not constitute a denial of the application and shall not prevent the applicant from resubmitting its application upon payment of a new application fee. (Ord. 1394, 2013; Ord. 1463 §5, 2018; Ord. 1548 §2, 2022)