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(a) The applicant, principals, registered manager, and employees meet all requirements for issuance of a state license, including but not limited to obtaining occupational licenses as necessary.

(b) The applicant, principals, registered manager, and employees are all at least twenty-one (21) years of age.

(c) The applicant, principals, registered manager, and employees have not been determined by any retail marijuana licensing authority, any other licensing board within the state, or the Colorado Department of Revenue to not be persons of good character and record within the preceding three (3) years.

(d) The applicant, principals, registered manager, and employees have not discharged a sentence for any felony in the five (5) years immediately preceding the application. This shall constitute a per se and complete disqualification.

(e) The applicant, principals, registered manager, and employees are not currently subject to and have not discharged a sentence for a conviction of a felony pursuant to any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance in the ten (10) years immediately preceding his or her application date or five (5) years from May 28, 2013, whichever is longer; except that the licensing authority may grant a license to a person if the person has a state felony conviction based on possession or use of marijuana or marijuana concentrate that would not be a felony if the person were convicted of the offense on the date he or she applied for licensure.

(f) The applicant, the applicant’s creditors, principals, registered manager, and employees are persons of good character and record. When making any determination as to good character and record, the Authority may consider whether an applicant, principal, registered manager, or employee has rehabilitated himself after committing a crime or other act or omission tending to indicate that such person is not a person of good character, but rehabilitation shall not be considered when the crime or other disqualifying act or omission is declared a per se disqualification under this Article. Notwithstanding any other burden of proof stated in this Article, the burden of proof to show that a person has been rehabilitated shall be beyond a reasonable doubt and shall be on the individual whose character is at issue. When evaluating claims of rehabilitation, the Authority shall consider the following factors:

(1) The facts of the specific crime or other act tending to show bad character and record;

(2) Whether the specific crime or other act tending to show bad character and record involved controlled substances, dishonesty, fraud, bad faith, moral turpitude, or violence;

(3) Whether the specific crime or other act tending to show bad character and record involved a felony, misdemeanor, municipal offense, a civil wrong, or other wrongful conduct;

(4) Whether the specific crime or act caused injury or harm to other persons or entities and the extent of such harm or injury;

(5) The length of time that has expired since the act or omission was committed;

(6) Whether the person has led a law-abiding life and has demonstrated good character since the act or omission was committed;

(7) Restitution, damages and compensation that the person has paid to persons victimized by the act or omission;

(8) Fines, jail sentences, probation, community service and other penalties paid or served since the act was committed; and

(9) Any other factors tending to show that the person has or has not rehabilitated his or her character and conduct. (Ord. 1394, 2013; Ord. 1407, 2014; Ord. 1463 §5, 2018. Formerly 6-6-107(c)(x))