Section II. Licensing Authority
Sec. 6-6-104. Retail Marijuana Licensing Authority.
(a) Authority. Pursuant to the authority granted by § 12-43.4-101, C.R.S., et seq., the Town Council hereby establishes a Retail Marijuana Licensing Authority, hereafter referred to in this Article as the “Authority” or “local licensing authority,” which shall be handled by the position of Hearing Officer, which officer shall be appointed by Town Council resolution and who serves at the pleasure of the Town Council.
(b) Functions/Powers of Authority.
(1) The Authority shall have the duty and authority pursuant to the Colorado Retail Marijuana Code and this Article to grant or refuse licenses in the manner provided by law;
(2) The Authority shall possess all powers given to local licensing authorities by the provisions of the Colorado Retail Marijuana Code and rules and regulations promulgated thereunder.
(3) The Authority shall have the power to require any applicant or licensee to furnish any relevant information required by the Authority;
(4) The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the district court of the state;
(5) The Authority may hear and decide motions;
(6) The Authority may join various matters pending concerning the same license in a single hearing;
(7) The Authority shall have the power to impose any condition related to the license, licensed premises, or adjacent grounds that is reasonably necessary to protect public health, safety, or welfare; and
(8) Every decision of the Authority shall be in writing, stating the reasons therefor and shall be made within thirty (30) days after the date that a complete application was submitted or within thirty (30) days of the public hearing if a public hearing is required or held. A copy of the decisions shall be sent by certified mail to the applicant at the address shown in the application.
(9) The Authority shall have the power to perform any other act necessary to carry out any act that the Authority is authorized to perform under this Article.
(c) Appeal of Authority Decisions. All appeals from the Authority shall be directly to the Town Council by following the appeal provisions found in the Telluride Land Use Code Section 5-207, to the extent not otherwise modified by this Article. Any appeal from a decision or final action of the Authority must be taken by filing with the Town Clerk a written notice of appeal within fourteen (14) days of the date of the decision or final action appealed. On appeal, the Town Council shall consider only the record as compiled before the Hearing Officer. The decision of the Hearing Officer shall be affirmed unless the Town Council determines that the officer acted arbitrarily and capriciously, abused his or her discretion, exceeded his or her jurisdiction, acted without proper evidence or a sufficient factual basis, or otherwise failed to act in accordance with the law. The burden of proof shall be on the appellant to establish grounds for reversal. Appeals from the Town Council shall be directly to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 1394, 2013; Ord. 1463 §5, 2018)