Code: Chapter 6


Business Licenses and Regulations


Article 1 Business Licenses Generally
Sec. 6-1-10 Purpose
Sec. 6-1-20 License required
Sec. 6-1-30 Application and renewal
Sec. 6-1-40 License fees
Sec. 6-1-50 Penalty
Sec. 6-1-60 Revocation

Article 2 Sexually Oriented Businesses
Sec. 6-2-10 Purpose
Sec. 6-2-20 Definitions
Sec. 6-2-30 License required
Sec. 6-2-40 License application
Sec. 6-2-50 Background investigation
Sec. 6-2-60 Issuance or denial
Sec. 6-2-70 Annual license fee
Sec. 6-2-80 Term of license; renewal
Sec. 6-2-90 License nontransferable
Sec. 6-2-100 Suspension and revocation
Sec. 6-2-110 General regulations
Sec. 6-2-120 Dance and entertainment requirements
Sec. 6-2-130 Lighting requirements
Sec. 6-2-140 Hours of operation
Sec. 6-2-150 Age restrictions
Sec. 6-2-160 Conduct in sexually oriented businesses
Sec. 6-2-170 Inspection
Sec. 6-2-180 Employee identification
Sec. 6-2-190 Exemptions
Sec. 6-2-200 Location
Sec. 6-2-210 Regulations not exclusive
Sec. 6-2-220 Penalties

Article 3 Alcoholic Beverages
Sec. 6-3-10 Definitions
Sec. 6-3-20 Application of state statutes
Sec. 6-3-30 License and fee required
Sec. 6-3-40 Licensing procedure
Sec. 6-3-50 Licensing fees
Sec. 6-3-60 Hearing procedures
Sec. 6-3-70 Suspension or revocation; fine
Sec. 6-3-80 Optional premises
Sec. 6-3-90 Tastings
Sec. 6-3-100 Building code standards
Sec. 6-3-110 Lighting of building
Sec. 6-3-120 Disorderly conduct
Sec. 6-3-130 Inspection

Article 4 Newsracks
Sec. 6-4-10 Definitions
Sec. 6-4-20 Permit required
Sec. 6-4-30 Application for permit
Sec. 6-4-40 Conditions for permit
Sec. 6-4-50 Standards for installation and maintenance
Sec. 6-4-60 Location and placement
Sec. 6-4-70 Violations
Sec. 6-4-80 Appeals
Sec. 6-4-90 Emergency removal
Sec. 6-4-100 Revocation of permit
Sec. 6-4-110 Abandonment
Sec. 6-4-120 Compliance

Article 5 Pawnbrokers
Sec. 6-5-10 Definitions
Sec. 6-5-20 License required
Sec. 6-5-30 Application
Sec. 6-5-40 License fee
Sec. 6-5-50 License term and renewal
Sec. 6-5-60 Bond
Sec. 6-5-70 Insurance
Sec. 6-5-80 Zoning approval
Sec. 6-5-90 Investigation of applicants
Sec. 6-5-100 Issuance or denial of license
Sec. 6-5-110 Revocation and suspension
Sec. 6-5-120 Manager
Sec. 6-5-130 Change of owner, shareholder, partner, officer or director
Sec. 6-5-140 Change of application
Sec. 6-5-150 Register
Sec. 6-5-160 Transaction fee
Sec. 6-5-170 Video required
Sec. 6-5-180 Pawn tickets
Sec. 6-5-190 Hold order and confiscation
Sec. 6-5-200 Sale of tangible personal property
Sec. 6-5-210 Hours
Sec. 6-5-220 Proximity
Sec. 6-5-230 Prohibited acts
Sec. 6-5-240 Liability of pawnbroker
Sec. 6-5-250 Penalties

Article 6 Medical Marijuana Dispensaries
Sec. 6-6-10 Short Title
Sec. 6-6-20 Findings
Sec. 6-6-30 Purpose
Sec. 6-6-40 Authority
Sec. 6-6-50 Definitions
Sec. 6-6-60 License Required
Sec. 6-6-70 Medical Marijuana Centers
Sec. 6-6-80 Medical Marijuana-Infused Products Manufacturer
Sec. 6-6-90 Optional Premises Cultivation Operation
Sec. 6-6-100 Sale or transfer of all or part of business interest
Sec. 6-6-110 change of officers, directors, or members
Sec. 6-6-120 Disqualification
Sec. 6-6-130 Application for license
Sec. 6-6-140 Manager registration
Sec. 6-6-150 Application fee
Sec. 6-6-160 Investigation of application
Sec. 6-6-170 Establishing neighborhood and public hearing dates
Sec. 6-6-180 Public Notice
Sec. 6-6-190 Standards for issuance of license
Sec. 6-6-200 Denial of license
Sec. 6-6-210 Authority to impose conditions on license
Sec. 6-6-220 Decision by Local Licensing Authority
Sec. 6-6-230 Notice of Decision
Sec. 6-6-240 Rehearing limitation
Sec. 6-6-250 Reserved
Sec. 6-6-260 Contents of license
Sec. 6-6-270 License not transferable
Sec. 6-6-280 Notice of issuance of license
Sec. 6-6-290 Duration of license; renewal
Sec. 6-6-300 Inactive Licenses
Sec. 6-6-310 Duties of licensee
Sec. 6-6-320 Posting of license
Sec. 6-6-330 Suspension or revocation of license
Sec. 6-6-340 Limitation on sale of marijuana
Sec. 6-6-350 Prohibited Locations; Permanent Location Required
Sec. 6-6-360 Hours of operation
Sec. 6-6-370 Signage
Sec. 6-6-380 Required warnings to be posted
Sec. 6-6-390 On-site consumption
Sec. 6-6-400 Paraphernalia
Sec. 6-6-410 On-site cultivation, growing and processing
Sec. 6-6-420 Alcohol
Sec. 6-6-430 Security requirements
Sec. 6-6-440 Business license required
Sec. 6-6-450 Taxes
Sec. 6-6-460 Penalties; injunctive relief
Sec. 6-6-470 No waiver of governmental immunity
Sec. 6-6-480 No Town liability
Sec. 6-6-490 Indemnification of Town
Sec. 6-6-500 Other laws remain applicable
Sec. 6-6-510 Rules and regulations

Business Licenses Generally
Article 1

Sec. 6-1-10. Purpose.
The purpose of this Article is to promote and protect the public health, safety and welfare by regulating and licensing businesses operating within the Town, and, through such licensing and regulation, to ensure the proper collection of taxes which support the Town. (Ord. 2004-6 §4 Ord. 2007-4 §1)

Sec. 6-1-20. License required.

(a) No person shall engage in or be engaged in the operation, conduct or carrying on of any trade, profession or business within the Town without a business license as required by this Article.

(b) A separate business license shall be required for each separate business, trade or profession.

(c) Business licenses shall not be transferable, and any change in ownership of the business location of the business or the type of business shall require a new business license. (Ord. 2004-6 §4)

Sec. 6-1-30. Application and renewal.

(a) A person required to obtain a business license under this Article shall file an application with the Town Clerk on forms provided by the Town Clerk.

(b) The applicant shall file with the license application the appropriate license fee, pursuant to Section 6-1-40 below.

(c) The application shall include such information as deemed relevant by the Town Clerk. It is unlawful for any person to make any false statement or misrepresentation on any license application.

(d) Every business license shall be valid through December 31 of the year in which it is issued, and a new license shall be obtained prior to January 1 of each year. (Ord. 2004-6 §4)

Sec. 6-1-40. License fees.

(a) The fees for business licenses shall be as follows:

Type of Business License Fee
Automobile repair $ 35.00
Beauty salon 20.00
Furniture store 100.00
Liquor-licensed business without restaurant 200.00
Liquor-licensed business with restaurant 330.00
Optometrist/Ophthalmologist/Optician 30.00
Pawnbroker 3,000.00
Restaurant 130.00
Sexually oriented business 3,000.00
All other businesses not listed 50.00

(b) Each business license shall require payment of a separate license fee, so, as an example, if three (3) business licenses are issued for one (1) location, the location shall pay three (3) license fees.  (Ord. 2004-6 §4; Ord. 2007-4 §1)

Sec. 6-1-50. Penalty.

(a) Any business which fails to obtain a business license by January 15 shall be subject to a late fee of twenty-five dollars ($25.00) in addition to the license fee set forth in Section 6-1-40 above.

(b) Any person who violates any provision of this Article shall be subject to a fine not to exceed four hundred ninety-nine dollars ($499.00). (Ord. 2004-6 §4)

Sec. 6-1-60. Revocation.

(a) The Town Clerk may revoke a business license in any of the following circumstances:

(1) When it appears that the issuance of the license was illegal or accomplished under false pretenses;

(2) When a license was mistakenly issued to the wrong person or the wrong premises, or the wrong license was issued; or

(3) When the licensee is delinquent in payment of any charges, fees or taxes to the Town or the State.

(b) The Town Clerk shall, within five (5) days of the decision to revoke a license, send written notice of such revocation to the licensee. The notice shall inform the licensee of the date and time of revocation, the consequences of revocation and the reason for the revocation, and that the licensee may appeal the revocation to the Town Council by following the procedure set forth in this Section.

(c) An applicant or licensee may appeal a revocation to the Town Council. The appeal shall be made in writing, stating the grounds for appeal, and shall be filed with the Town Clerk within five (5) days of receipt of the notice of the revocation. In the event of an appeal, the business may continue to operate during the appeal process.

(d) The Town Council shall hold a hearing on the appeal. At the hearing, the Town Council shall consider such evidence as is relevant to the grounds alleged for revocation. At the conclusion of the hearing, the Town Council shall make findings of fact as to whether grounds exist for revocation. If the Town Council determines that grounds for revocation exist, it shall issue an order affirming the revocation within ten (10) days after the hearing is concluded. A copy of the order shall be mailed to the licensee at the licensee’s last known address.

(e) In the event that a business license is revoked, the following provisions shall apply:

(1) No portion of the business license fee shall be refunded.

(2) It shall be a violation of this Code to conduct business at or for the formerly licensed premises while the business license is revoked. Each day that business is conducted in violation of this Code shall be a separate offense punishable by a fine not to exceed one hundred dollars ($100.00) per offense.

(3) A licensee may apply for a new business license upon the licensee providing proof satisfactory to the Town Clerk that the circumstances necessitating the revocation have been cured.

(f) The order of the Town Council hereof shall be final, subject only to judicial review.

(g) The Town Council shall have the power to administer oaths, issue subpoenas and, when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books and records necessary to the Town Council’s determination. It is unlawful for any person to fail to comply with any subpoena issued by the Town Council. A subpoena shall be served in the same manner as a subpoena issued by the Municipal Court.

(h) All hearings held before the Town Council regarding revocation of a business license issued under this Chapter shall be recorded by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the Town Council, and shall pay all costs of preparing such record. (Ord. 2006-7 §1; Ord. 2007-4 §1)

ARTICLE 2
Sexually Oriented Businesses

Sec. 6-2-10. Purpose.
The purpose of this Article is to promote and protect the public health, safety and welfare by regulating sexually oriented businesses through the establishment of reasonable and uniform regulations to reduce the adverse secondary effects of sexually oriented businesses within the Town. This Article is not intended to limit or restrict the content of any communicative materials, including sexually oriented materials. This Article is not intended to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article II, Section 10 of the Colorado Constitution or to deny access of distributors or exhibitors of sexually oriented entertainment to their intended market. Finally, this Article is not intended to condone or legitimize the distribution of obscene material. (Ord. 2004-1 §2)

Sec. 6-2-20. Definitions.
For purposes of this Article, the following terms shall have the following meanings, unless the context indicates otherwise:

Adult arcade means any commercial establishment in which the public is permitted or invited where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, image-producing or virtual-reality-producing machines or similar machines, for viewing by five (5) or fewer persons per machine at any one (1) time, are used regularly to show films, motion pictures, video cassettes, slides, digital images, electronic reproductions or photographs
describing, simulating or depicting specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities.

Adult motion picture theater means a commercial establishment which is characterized by the showing, for any form of consideration, of films, motion pictures, video cassettes, slides, digital images or other visual representations that have an emphasis on depicting or describing specified
sexual activities or specified anatomical areas.

Adult store means any commercial establishment which, as one (1) of its principal business purposes, offers for sale or rent for any form of consideration one (1) or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

b. Instruments, devices or paraphernalia designed for use in connection with specified sexual activities.

Adult theater means a theater, auditorium or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities.

Convicted means having been found guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere and includes deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such conviction is pending; excluding any conviction overturned or vacated by appeal or other force of law.

Employee means a person who works or performs work or service in or for a sexually oriented business on a full-time, part-time or contract basis, with or without compensation, regardless of whether such person is designated as an employee, independent contractor, agent, volunteer or any other status; excluding any person on the premises for repair or maintenance of the premises or for delivering or removing tangible personal property to or from the premises.

Licensed premises means the building or structure in which a licensed sexually oriented business is operating.

Sexually oriented business means an adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State engages in approved and recognized sexual therapy.

Specified anatomical areas means any of the following:

a. Human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered.

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified crime means and includes the following crimes committed under the penal or criminal code of any municipality, county, state or country: sex crimes against children; sexual abuse; sexual assault; possession or distribution of child pornography; distribution of an illegal controlled substance; prostitution, promotion of prostitution or pandering; and organized crime, if such organized crime is committed within the premises of a sexually oriented business in the Town or elsewhere.

Specified sexual activities means any of the following:

a. Fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.

b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy.

c. Masturbation, actual or simulated.

d. Human genitals in a state of sexual stimulation or arousal.

e. Human excretory functions as part of or in connection with any of the activities set forth in Subparagraphs a through d hereof. (Ord. 2004-1 §2)

Sec. 6-2-30. License required.
All sexually oriented businesses in the Town shall be licensed as set forth in this Article, and it is unlawful for any person to operate a sexually oriented business in the Town without a valid license issued pursuant to this Article. (Ord. 2004-1 §2)

Sec. 6-2-40. License application.

(a) An applicant for a sexually oriented business license shall submit a written application to the Town Clerk which includes the following:

(1) The name, address, telephone number and date of birth of the applicant and, if applicable, each of its officers, partners, directors and registered agents.

(2) The trade name of the applicant and copies of all documents recording the trade name, including the trade name affidavit.

(3) The name of any other sexually oriented business in which any officer, director or partner has a financial interest.

(4) The address of the premises to be licensed.

(5) If the applicant is a corporation, copies of the articles of incorporation, bylaws and last annual report.

(6) Copies of documents demonstrating that the applicant has a legal right to possession of the premises to be licensed.

(7) A sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to be occupied by the sexually oriented business.

(8) The type or types of sexually oriented business proposed, such as an adult store, adult cabaret, adult theater and/or adult motion picture theater.

(b) Each application shall be verified and acknowledged to be true by the applicant or the managing partner, president or other officer having the authority to sign for the applicant.

(c) Each application shall be accompanied by a nonrefundable application fee in the amount of one thousand dollars ($1,000.00), which application fee shall be in addition to any other applicable license fees imposed by this Article. (Ord. 2004-1 §2)

Sec. 6-2-50. Background investigation.

(a) Upon receipt of a completed application, the Town Clerk shall perform a background investigation of the applicant, its officers, directors and partners, and of the information contained in the application.

(b) The Town Clerk is authorized to investigate any fact related to any of the criteria set forth in this Article that may be relevant to determine the eligibility of the applicant for a sexually oriented business license.

(c) The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background investigation.

(d) The background investigation shall be completed within forty-five (45) days of receipt of the completed application. (Ord. 2004-1 §2)

Sec. 6-2-60. Issuance or denial.

(a) Within ten (10) days of the completion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or issue a written statement of denial. The license and/or statement of denial shall be sent via United States mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the license unless one (1) or more of the following is true:

(1) The applicant has not paid all required fees under this Article;

(2) The applicant or any of its officers, directors or partners is under eighteen (18) years of age;

(3) The applicant is not qualified to conduct business under applicable state or federal law or Town ordinances;

(4) The applicant has knowingly provided false information to the Town on an application for a sexually oriented business license;

(5) The location of the proposed sexually oriented business does not comply with the location requirements set forth in Section 6-2-200 of this Article;

(6) The premises in which the sexually oriented business is proposed to be located does not comply with applicable Town ordinances, such as the building code, electrical code or fire code;

(7) The applicant is delinquent in the payment of any taxes owed to the Town; or

(8) The applicant or any of its directors, officers or partners has been convicted of a specified crime in the two (2) years preceding the date of the application.

(b) Within ten (10) days of the date of a written statement of denial, the applicant may submit a written request that the Town Clerk schedule a public hearing on the application before the Town Council. The hearing shall be held at the next regularly scheduled Town Council meeting occurring at least ten (10) days after receipt of the written request.

(c) At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the applicant’s eligibility for a sexually oriented business license.

(d) At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall either order that the Town Clerk issue the sexually oriented business license or issue a written order denying the application for the sexually oriented business license.

(e) If the Town Council denies the application for a sexually oriented business license, the Town Council’s decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 2004-1 §2; Ord. 2007-4 §1)

Sec. 6-2-70. Annual license fee.
The annual license fee for a sexually oriented business license shall be three thousand dollars ($3,000.00). (Ord. 2004-1 §2)

Sec. 6-2-80. Term of license; renewal.

(a) All sexually oriented business licenses issued under this Article shall be valid for one (1) year from the date of issuance, unless revoked or suspended as provided in this Article.

(b) Written application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiration of the current license, together with the applicable annual license fee. If no application for renewal is timely filed, the licensee has waived its option to renew the license and must reapply for a new license.

(c) Applications for renewal shall include the same information as an original application, except as the Town Clerk deems redundant.

(d) The procedures for renewal license applications shall be the same as the procedures for new license applications.

(e) Each application for a renewal license shall be accompanied by a nonrefundable application fee in the amount of five hundred dollars ($500.00), which application fee shall be in addition to any other license fees imposed by this Article. (Ord. 2004-1 §2)

Sec. 6-2-90. License nontransferable.
A sexually oriented business license issued under this Article is nontransferable. By way of example but not limitation, a new sexually oriented business license shall be required upon:

(1) The sale, lease or sublease of the sexually oriented business or the licensed premises;

(2) The transfer by sale, exchange or similar means of a controlling interest in the sexually oriented business; or

(3) The establishment of a trust, gift or similar legal device which transfers ownership or control of the sexually oriented business or the licensed premises, other than transfer by bequest or other operation of law upon the death of the person possessing ownership or control. (Ord. 2004-1 §2)

Sec. 6-2-100. Suspension and revocation.

(a) The Town Clerk may suspend or revoke any sexually oriented business license issued under this Article if the Town Clerk receives reliable information to establish that:

(1) A nuisance is being maintained on the licensed premises.

(2) The licensed premises are unsanitary as certified by the health department.

(3) The licensed premises are unsafe as certified by the Town’s building official.

(4) The licensee has knowingly permitted on the licensed premises:

a. The possession, sale or use of illegal controlled substances;

b. Any specified sexual activity; or

c. Prostitution.

(5) The licensee or any of its officers, directors, partners or employees has been convicted of a specified crime during the term of the license.

(6) The licensee knowingly provided false information on an application for a sexually oriented business license or renewal of such a license.

(b) At least twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town Clerk shall provide written notice to the licensee, via United States mail, postage prepaid, to the address provided on the most recent application, of the allegations supporting the suspension or revocation.

(c) During the twenty-day period, the licensee may file a written request for a stay of the suspension or revocation pending a public hearing before the Town Council on the allegations to support the suspension or revocation.

(d) The public hearing shall be held at the next regularly scheduled Town Council meeting at least ten (10) days after receipt of the request.

(e) At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the suspension or revocation.

(f) At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall order that the sexually oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, that the license be revoked or that no action be taken with respect to the license.

(g) If the Town Council orders suspension or revocation, the Town Council’s decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 2004-1 §2)

Sec. 6-2-110. General regulations.

(a) All licensed premises shall comply with all applicable Town regulations and ordinances, including but not limited to the building code, fire code, electrical code and zoning regulations.

(b) Every sexually oriented business license issued under this Article shall be displayed in a conspicuous place on the licensed premises in a clear cover or frame and shall be available for inspection at all times by the public.

(c) All licensed premises shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily and more frequently when necessary.

(d) Trash and garbage shall not be permitted to accumulate in any licensed premises or on the property outside any licensed premises.

(e) All materials, devices and novelties offered by a sexually oriented business which depict specified sexual activities or specified anatomical areas shall be displayed so that they cannot be seen by anyone other than customers who have entered the licensed premises. (Ord. 2004-1 §2)

Sec. 6-2-120. Dance and entertainment requirements.

(a) An adult cabaret or adult theater at which employees dance shall have one (1) or more stages or similar structures specially designed for dancing, which shall be constructed in accordance with applicable building code regulations and located inside the licensed premises. Employees shall dance only upon such stage or structure.

(b) When an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall be level, of sturdy construction and securely fastened to the floor or wall during dance performances. Steps and handrails shall be required on all such stages and structures where the platform on which the employee dances is more than eight (8) inches above the surface upon which the structure rests.

(c) Any adult cabaret or adult theater shall have one (1) or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage, and the stage shall be fixed and immovable.

(d) No seating for the audience shall be permitted within three (3) feet of the edge of any stage, and no members of the audience shall be permitted upon any stage or within three (3) feet of the edge of any stage. (Ord. 2004-1 §2)

Sec. 6-2-130. Lighting requirements.

(a) When the occupant capacity of any licensed premises, as determined by the Fire Department, is at least fifty (50) persons, such licensed premises shall have electric, battery-operated emergency lights using reliable storage batteries properly maintained and charged.

(b) The interior portion of a licensed premises to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2) foot-candles as measured at the floor level. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. (Ord. 2004-1 §2)

Sec. 6-2-140. Hours of operation.
It is unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m., and on any Sunday between 2:00 a.m. and 8:00 a.m. (Ord. 2004-1 §2)

Sec. 6-2-150. Age restrictions.

(a) It is unlawful for a licensee to admit or permit the admission of any person under eighteen (18) years of age into any sexually oriented business.

(b) It is unlawful for any person to sell, barter, give or offer for sale, barter or gift, to any person under eighteen (18) years of age any service, material, device or thing sold or offered for sale by any adult store or adult motion picture theater.

(c) Employees of any sexually oriented business shall be at least eighteen (18) years of age. (Ord. 2004-1 §2)

Sec. 6-2-160. Conduct in sexually oriented businesses.

(a) No licensee or employee shall encourage or knowingly permit any person on or within the licensed premises to touch, caress or fondle the genitals, pubic region, buttocks, anus or breasts of any person.

(b) No licensee or employee shall knowingly fail to immediately report to the Police Department any criminal conduct or violation of any Town ordinance or state or federal law, rule or regulationthat occurs on or within a licensed premises.

(c) No person shall engage in specified sexual activities on or within a licensed premises.

(d) No licensee or employee mingling with patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical area.

(e) No employee shall receive tips from patrons except as provided herein. A licensee that desires to provide for tips from its patrons shall establish one (1) or more boxes or other containers to receive tips. All tips for employees shall be placed by patrons into the tip box. The licensee shall post one (1) or more signs to be conspicuously visible to patrons in letters at least one (1) inch high toread as follows:

ALL TIPS ARE TO BE PLACED IN TIP BOX AND NOT HANDED DIRECTLY TO THE ENTERTAINER. ANY PHYSICAL CONTACT BETWEEN THE PATRON
AND THE ENTERTAINER IS STRICTLY PROHIBITED.

(Ord. 2004-1 §2)

Sec. 6-2-170. Inspection.
Every licensee shall permit law enforcement officers and any other federal, state, county or Town agency in the performance of any function connected with the enforcement of this Article and normally and regularly conducted by such agency, to inspect the licensed premises for the purpose of ensuring compliance with this Article, at any time the licensed premises are occupied or open for business. (Ord. 2004-1 §2)

Sec. 6-2-180. Employee identification.
Each licensee shall provide to the Town Clerk, in writing, the full name, any aliases, the date of birth and the current address and telephone number of every employee within five (5) days of employment. (Ord. 2004-1 §2)

Sec. 6-2-190. Exemptions.
Notwithstanding anything to the contrary in this Article, the following businesses and activities shall be exempt from the requirements of this Article:

(1) Any adult store which derives less than ten percent (10%) of its gross income from the sale of materials depicting specified sexual activities or specified anatomical areas, if such materials are located in a separate room or booth containing those materials only.

(2) Any college, junior college or university supported, in whole or in part, by tax revenue andoffering educational programs which, for educational purposes, may include the depiction of specified sexual activities or specified anatomical areas. (Ord. 2004-1 §2)

Sec. 6-2-200. Location.

(a) It is unlawful to operate a sexually oriented business within two hundred (200) feet of:

(1) A church;

(2) A public or private school;

(3) A child care facility or day care center;

(4) A public park; or

(5) The property line of any lot zoned for residential use or any lot with a legal nonconforming residential use.

(b) It is unlawful to operate a sexually oriented business within one thousand (1,000) feet of any other sexually oriented business, whether inside or outside the boundaries of the Town.

(c) The distance between a sexually oriented business and a church, school, day care center or residential lot shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which the sexually oriented business is located to the property line of the lot on which the church, school, day care center or residential use is located. (Ord. 2004-1 §2; Ord. 2007-4 §1)

Sec. 6-2-210. Regulations not exclusive.
Nothing contained in this Article shall limit the effectiveness and/or applicability of Chapter 16 of this Code to any sexually oriented business. (Ord. 2004-1 §2)

Sec. 6-2-220. Penalties.

(a) Any person who violates any provision of this Article shall be punished as set forth in Section 1-6-20 of this Code.

(b) In the event of violation of any of the terms and regulations set forth herein, the Town may obtain equitable relief, including injunctive relief, to require compliance with the provisions hereof. In the event the Town is successful in obtaining injunctive or other equitable relief, the costs and attorney fees incurred by the Town in such action shall be awarded to the Town in addition to any other relief.

(c) Nothing contained herein shall preclude the Town from enforcing the suspension and revocation provisions of this Article in addition to simultaneously and/or subsequently prosecuting alleged violations of this Article under this Section. (Ord. 2004-1 §2; Ord. 2007-4 §1)

ARTICLE 3
Alcoholic Beverages

Sec. 6-3-10. Definitions.
(a) As used in this Article, unless the context otherwise requires:
Retail license means a grant to a licensee to sell fermented malt beverages pursuant to the
Colorado Beer Code (Article 46 of Title 12, C.R.S.) or a grant to a licensee to sell malt, vinous or
spirituous liquors pursuant to the Colorado Liquor Code (Article 47 of Title 12, C.R.S.).
Retail licensee or licensee means the holder of a license to sell fermented malt beverages
pursuant to the Colorado Beer Code (Article 46 of Title 12, C.R.S.) or the holder of a license to
sell malt, vinous or spirituous liquors pursuant to the Colorado Liquor Code (Article 47 of Title
12, C.R.S.).
(b) All other terms shall be defined as set forth in the provisions of the Colorado Beer Code, the
Colorado Liquor Code and Special Event Permits, as the definitions presently exist or may hereafter
be amended. (Ord. 2007-4 §1)

Sec. 6-3-20. Application of state statutes.
The Colorado Beer Code, Section 12-46-101, et seq., C.R.S., the Colorado Liquor Code, Section
12-47-101 C.R.S., and Special Event Permits, Section 12-48-101, et seq., C.R.S., as they presently
exist or may hereafter be amended, shall apply to the sale of fermented malt beverages, alcoholic
beverages, malt liquors, vinous and spirituous liquors within the Town, where applicable. (Ord. 79-3;
Ord. 2007-4 §1)

Sec. 6-3-30. License and fee required.
It is unlawful for any person to sell or to offer for sale at retail within the Town any fermented
malt beverage or any malt, vinous or spirituous liquors, as those terms are defined by state law,
without first having been granted and issued a license so to do by the Town. (Ord. 79-3)

Sec. 6-3-40. Licensing procedure.
(a) The Town Clerk shall receive all applications for licenses and shall issue all licenses granted
by the Town Council, acting as the Local Licensing Authority (hereinafter the “Authority”), upon
receipt of such license fees and taxes imposed by law and this Article. The Town Clerk shall serve as
the official secretary of the Authority.
(b) Every application for a new license or for transfer of location of an existing license shall be
accompanied by the following:
(1) A map of the Town showing the proposed location of the outlet and the boundaries of the
neighborhood to be served by the proposed license and a brief written statement in support of
boundary delineation. The final determination of the neighborhood boundary with respect to the
reasonable requirements of the neighborhood and the desires of the inhabitants, if appropriate,
may be made by the Authority at any time after the filing of the application.
(2) Plans and specifications of existing building. If the building to be occupied is existing, the
application must contain complete plans and specifications for the interior of the building. The
plans must also include the location of all fixed equipment to be located in said building.
(3) Plans and specifications of proposed building. If the building is not in existence at the
time the application is made, the application must be accompanied by a plot plan, a detailed sketch
of the interior and an architect’s drawing of the building to be constructed.
(4) Lease, contract of sale or ownership papers. The application shall be accompanied by
signed copies of a lease or contract of sale, or, if the property is owned by the applicant, a copy of
the instrument showing said ownership.
(5) Survey map. In the event that said outlet is within five hundred (500) feet by direct
measurement from the nearest property line of the land used for any private, public or parochial
school to the nearest portion of the building in which liquor is sold, it will be necessary to furnish
a survey map showing the location of the proposed outlet, location of said school, showing the
route of most direct pedestrian access and actual footages involved, and an affidavit of the
applicant stating why the proposed license is permissible under the state law pertaining to the fivehundred-
foot limitation. In the event a survey map is not required, the applicant will furnish an
affidavit in which he or she will state that said outlet is not located within said five-hundred-foot limitation.
(6) Character reference letters. Three (3) character reference letters for each individual must
accompany each application.
(7) Release of information. An authorization for the applicant’s financial institutions to
release information to the Town. (Ord. 79-3; Ord. 2007-4 §1)

Sec. 6-3-50. Licensing fees.
(a) The following fees for processing and investigation shall be charged for liquor licenses and
shall be paid prior to consideration by the Authority:
(1) Application for any class of new liquor license: One Thousand dollars ($1,000.00).
(2) Application for transfer of location or ownership: Seven Hundred fifty dollars ($750.00).
(3) Application for renewal of license: One Hundred dollars ($100.00) except that the
application fee for renewal of an expired license shall be Five Hundred Dollars ($500.00).
(b) No rebate of any fees paid for any license issued hereunder shall be made, except upon the
affirmative vote of a majority of the Authority. (Ord. 79-3; Ord. 90-6 §1; Ord. 2007-4 §1)
(amended by Ord. 2010-8)

Sec. 6-3-60. Hearing procedures.
The procedures set forth in Title 12, Chapters 46 and 47, C.R.S., and the regulations that may from
time to time be adopted by the state licensing authority, shall be followed in all liquor license
application hearings before the Authority. (Ord. 79-3; Ord. 2007-4 §1)

Sec. 6-3-70. Suspension or revocation; fine.
(a) Any information furnished to the Authority with the intent to mislead or misrepresent the true
state of facts to the Town shall be a basis for denial of application or suspension or revocation of the license.
(b) Whenever a decision of the Authority suspending a retail license for fourteen (14) days or
less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of
all appeals and judicial review, the retail licensee may, before the operative date of the suspension,
petition the Authority for permission to pay a fine in lieu of having his or her retail license suspended
for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole
discretion, stay the proposed suspension and cause any investigation to be made which it deems
desirable and may, in its sole discretion, grant the petition if it is satisfied:
(1) That the public welfare and morals would not be impaired by permitting the retail licensee
to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;
(2) That the books and records of the retail licensee are kept in such a manner that the loss of
sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone
into effect can be determined with reasonable accuracy therefrom; and
(3) That the retail licensee has not had his or her license suspended or revoked, nor had any
suspension stayed by payment of a fine, during the two (2) years immediately preceding the date
of the motion or complaint which has resulted in a final decision to suspend the retail license.
(c) The fine accepted shall be equivalent to twenty percent (20%) of the retail licensee’s
estimated gross revenues from sales of alcoholic beverages during the period of the proposed
suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than
five thousand dollars ($5,000.00).
(d) Payment of any fine pursuant to the provisions of this Section shall be in the form of cash,
certified check or cashier’s check made payable to the Town Clerk and shall be deposited in the
general fund of the Town.
(e) Upon payment of the fine pursuant to this Section, the Authority shall enter its further order
permanently staying the imposition of the suspension.
(f) In connection with any petition pursuant to this Section, the authority of the Authority is
limited to the granting of such stays as are necessary for it to complete its investigation and make its
findings and, if it makes such findings, to the granting of an order permanently staying the imposition
of the entire suspension or that portion of the suspension not otherwise conditionally stayed.
(g) If the Authority, does not make the findings required in Subsection (a) above and does not
order the suspension permanently stayed, the suspension shall take effect on the operative date set by the Authority.
(h) In the event a licensee is found to have violated any law, rule or regulation, the Authority
may require that the licensee shall pay to the Authority the reasonable costs incurred by the Authority,
not to exceed nine hundred ninety-nine dollars ($999.00), in investigating and prosecuting the alleged
violation. Such costs shall include the reasonable attorney fees of the special counsel appointed to
conduct the investigation and present evidence at the hearing, but shall not include any fees of the
Town Attorney acting as legal advisor to the Authority. The costs imposed pursuant to this
Subsection shall be in addition to any penalty, suspension or revocation imposed by the Authority for
the violation of any rule, law or regulation. (Ord. 79-3; Ord. 2006-9 §1; Ord. 2007-4 §1)

Sec. 6-3-80. Optional premises.
(a) Optional premises license and optional premises for a hotel and restaurant license may be
issued by the Authority.
(b) The following standards shall be applicable to the issuance of a license under this Section, in
addition to all other applicable standards set forth in the Colorado Liquor Code for optional premises
license and optional premises for a hotel and restaurant license.
(1) Eligible facilities. Outdoor sports and recreational facilities as defined in Section 12-47-
103(13.5), C.R.S., are eligible for licensing as an optional premises or an optional premises for a
hotel and restaurant.
(2) Number of optional premises. There are no restrictions on the number of optional
premises which any one (1) licensee may have on an outdoor sports or recreational facility.
(3) Minimum size of facility. There is no restriction on the minimum size of an outdoor
sports or recreational facility which would be eligible for issuance of an optional premises license
or optional premises for a hotel and restaurant license.
(c) The application for an optional premises license or optional premises for a hotel or restaurant
license shall be accompanied by the following:
(1) A map or other drawing illustrating the outdoor sports or recreational facility boundaries
and the approximate location of each optional premises requested;
(2) A description of the method which shall be used to identify the boundaries of the optional
premises when it is in use; and
(3) A description of the provisions which have been made for storing malt, vinous and
spirituous liquors in a secured area on or off the optional premises for the future use on the
optional premises. (Ord. 2007-4 §1)

Sec. 6-3-90. Tastings.
(a) Definition. Tasting means the sampling of malt, vinous or spirituous liquors that may occur
on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons
of the licensee pursuant to the provisions of Section 12-47-301(10), C.R.S.
(b) Authorization. The Town hereby authorizes tastings to be conducted by retail liquor store or
liquor-licensed drugstore licensees in accordance with this Section and pursuant to Section 12-47-
301(10)(a), C.R.S., and subject to approval by the Local Licensing Authority. It is unlawful for any
person or licensee to conduct tastings without first having obtained a permit to do so in accordance
with this Section.
(c) Application for permit. A retail liquor store or liquor-licensed drugstore licensee who wishes
to conduct tastings shall submit an application for a permit to the Local Licensing Authority on forms
supplied by the Town Clerk. Such application shall be accompanied by a nonrefundable annual fee as set.
(d) Term. The tastings permit shall be valid for a period of one (1) year, and shall run and expire
concurrently with the license of the retail liquor store or liquor-licensed drugstore; provided however,
that the first tastings permit issued to a retail liquor store or liquor-licensed drugstore licensee shall be
valid only until the expiration of the current liquor license. First-year tastings permits shall be
prorated as to the permit fee based on an average of two (2) tastings events per week. (Ord. 2007-4 §1)

Sec. 6-3-100. Building code standards.
No license shall be issued, renewed or transferred unless the building in which the business is
carried on meets all of the requirements of the building, electrical, plumbing, fire prevention,
mechanical, housing and dangerous building codes of the Town. (Ord. 79-3)

Sec. 6-3-110. Lighting of building.
All licensees shall be required to maintain a level of light within the licensed premises which
would permit the checking of identification materials without resort to other lighting. (Ord. 79-3)

Sec. 6-3-120. Disorderly conduct.
Each licensee shall conduct his or her establishment in a decent, orderly and respectable manner
and shall not permit within or upon the licensed premises the loitering of habitual drunkards or
intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue noise or other disturbance
or activity offensive to the senses of the average citizen or to the residents of the neighborhood in
which the establishment is located. (Ord. 79-3)

Sec. 6-3-130. Inspection.
All premises licensed under this Article shall be open to inspection by the Police Department, the
County health department, the state licensing authority and any other federal, state, county or local
agency which is permitted or required by law to inspect licensed premises. It is unlawful for the
licensee, his or her employees or agents or any other person to refuse to permit any such inspection of
the licensed premises or to otherwise interfere with any such inspection. (Ord. 79-3; Ord. 2007-4 §1)

ARTICLE 4
Newsracks

Sec. 6-4-10. Definitions.
As used in this Article, unless the context otherwise requires, the following terms shall have the
following definitions:
Distributor means the person responsible for placing and maintaining a newsrack in a public
right-of-way.
Newsrack means any self-service or coin-operated box, container, storage unit or other
dispenser installed, used or maintained for the display and sale of newspapers or other news
periodicals.
Parkway means that area between the sidewalks and the curb of any street, and where there is
no sidewalk, that area between the edge of the roadway and property line adjacent thereto.
Parkway shall also include any area within a roadway which is not open to vehicular travel.
Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel.
Sidewalk means any surface provided for the exclusive use of pedestrians. (Ord. 98-1 §1; Ord.2007-4 §1)

Sec. 6-4-20. Permit required.
(a) It is unlawful for any person to erect, place, maintain or operate, on any public street or
sidewalk or in any other public way or Town-owned or Town-operated place or facility in the Town,
any newsrack without first having obtained a permit from the Town specifying the exact location of
such rack.
(b) One (1) permit may be issued to include any number of newsracks. (Ord. 98-1 §1)

Sec. 6-4-30. Application for permit.
(a) Application for a newsrack permit shall be made in writing to the Town upon such form as shall be provided by it.
(b) The application shall contain the name and address of the applicant and the proposed specific
location of said newsrack, and shall be signed by the applicant.
(c) Permits shall be issued within seventy-two (72) hours after the application has been filed.
(d) An annual permit fee of twenty-five dollars ($25.00) per newsrack shall be paid at the time of application. (Ord. 98-1 §1)

Sec. 6-4-40. Conditions for permit.
(a) As an express condition of the issuance of such permit, the permittee thereby agrees to
indemnify and save harmless the Town, its officers, directors and employees against any loss, liability
or damage, including expenses and costs for bodily or personal injury, and for property damage
sustained by any person as the result of the installation, use or maintenance of a newsrack within the Town.
(b) Permits shall be issued for the installation of a newsrack only after prior inspection of the
location by the Public Works Director.
(c) Newsrack permits and the installation, use or maintenance of newsracks shall be conditioned
upon observance of the provisions of this Article and such reasonable rules and regulations as may be
established by the Town.
(d) Such permits shall be valid for one (1) year and shall be renewable pursuant to the procedure
for original applications referred to in Section 6-4-30 above and upon payment of the annual permit
fee. (Ord. 98-1 §1; Ord. 2007-4 §1)

Sec. 6-4-50. Standards for installation and maintenance.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway
shall comply with the following standards:
(1) No newsrack shall exceed four (4) feet in height, thirty-two (32) inches in width or two (2) feet in depth.
(2) Newsracks may be used only for the following purposes:
a. The display and sale of newspapers or other news periodicals;
b. Advertising the sale of the newspapers or periodicals sold therein;
c. Publicizing charitable or community services and activities of a nonprofit nature; and
d. Other public service purposes.
(3) Newsracks shall not be used to advertise or direct attention to any business, commodity,
service or activity conducted, sold or offered other than from such newsrack.
(4) Each newsrack shall be equipped with a coin return mechanism to permit a person using
the machine to secure an immediate refund in the event he or she is unable to receive the
publication paid for. The coin return mechanism shall be maintained in good working order at all times.
(5) Each newsrack shall have affixed to it, in a readily visibly place so as to be seen by anyone
using the newsrack, a notice setting forth the name, address and telephone number of the distributor.
(6) Each newsrack shall be maintained in a neat and clean condition and in good repair at all
times. Specifically, each newsrack shall be serviced and maintained so that:
a. It is free of dirt and grease.
b. It is free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
c. It is painted one (1) solid color.
d. It is free of rust and corrosion in the visible unpainted metal areas thereon.
e. The clear plastic or glass parts thereof, if any, through which the publications therein are
viewed are unbroken and free of cracks, dents, blemishes and discoloration.
f. The paper or cardboard parts, or inserts thereof, are free of tears, peeling or fading.
g. The structural parts thereof are not broken or unduly misshapen. (Ord. 98-1 §1)

Sec. 6-4-60. Location and placement.
Any newsrack which rests in whole or in part upon or on any portion of a public right-of-way or
which projects onto, into or over any part of a public right-of-way shall comply with this Section:
(1) No newsrack shall be used or maintained which projects onto, into or over any part of the
roadway of any public street.
(2) No newsrack shall be chained, bolted or otherwise attached to any municipally owned
fixture, including, but not limited to: street signs, traffic control devices and fire hydrants. For
purposes of this Paragraph, the phrase municipally owned fixture does not include concrete or
asphalt sidewalks located in the public right-of-way.
(3) Newsracks may be chained, bolted or otherwise attached to other newsracks or privately
owned fixtures if such placement otherwise complies with this Article, if and permission for such
connection has been secured from the owner of the other newsrack or fixture.
(4) Newsracks may be placed adjacent to each other, provided that no group of newsracks
shall extend for a distance of more than eight (8) feet along a curb, and a distance of not less than
one hundred (100) feet shall separate each group of newsracks.
(5) No newsrack shall be placed, installed, used or maintained:
a. Within three (3) feet of any marked crosswalk or curb cut for a crosswalk.
b. Within twelve (12) feet of any curb return.
c. Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.
d. Within five (5) feet of any driveway.
e. At any location where the clear space for the passageway of pedestrians would be
reduced to less than six (6) feet, unless such passageway is already restricted by the placement
of a permanent utility pole or other similar permanent fixture and the attachment of the
newsrack to that fixture or placement of the newsrack adjacent to that fixture will not
substantially reduce the remaining clear space available for pedestrian passage.
f. Within three (3) feet of or on any public area improved with flowers, shrubs, trees or other landscaping.
g. Within one hundred (100) feet of any other newsrack on the same side of the street in the
same block which contains the same issue or edition of the same publication.
(6) The provisions contained in Paragraph (5) above shall not apply if compliance with said
provisions would prohibit the placement of newsracks for a distance of one hundred fifty (150)
feet on the same side of -the street in the same block; provided, however, that in no event shall a
newsrack be allowed which would substantially interfere with or impede pedestrian or vehicular
traffic flow; the ingress or egress to any residence or place of business; or the use of emergency
facilities. (Ord. 98-1 §1; Ord. 2007-4 §1)

Sec. 6-4-70. Violations.
(a) Upon a determination by the Director of Public Works that a newsrack has been installed,
used or maintained in violation of the provisions of this Article, a notice to correct the offending
condition shall be issued to the distributor of the newsrack.
(b) The notice shall be mailed via first class United States mail to the distributor at the address shown on the newsrack.
(c) The notice shall specifically describe the offending condition and suggest actions necessary to correct the condition.
(d) Failure to properly correct the offending condition within seven (7) days (excluding
Saturdays, Sundays and legal holidays) of the date of the notice shall result in the offending newsrack
being summarily removed and processed as unclaimed property.
(e) If the offending newsrack is not properly identified as to owner under the provisions of
Paragraph 6-4-50(5) above, it shall be removed immediately and processed as unclaimed property.
(f) The distributor may, by written notice within seven (7) days of the date of the notice of
violation, request an informal meeting with the Director of Public Works. Said meeting shall be held
within five (5) working days from the date of the request. The appeal time referred to in Section 6-4-
80 below shall commence and begin to run as of the date of the meeting. (Ord. 98-1 §1)

Sec. 6-4-80. Appeals.
(a) Any person or entity aggrieved by a finding, determination, notice or action taken under the
provisions of this Article may appeal to the Town Council.
(b) An appeal must be perfected within seven (7) days after receipt of notice of any protested decision or action.
(c) An appeal is perfected by filing with the Town Clerk a letter of appeal briefly stating therein the basis for such appeal.
(d) A hearing shall be held on a date no more than sixty (60) days after receipt of the letter of appeal.
(e) The appellant shall be given at least ten (10) days’ notice of the time and place of the hearing.
(f) At such hearing, the Town Council shall give the appellant and any other interested party a
reasonable opportunity to be heard. The appellant shall have the right to examine the evidence upon
which the Director of Public Works relied, to cross-examine any witnesses who may have testified,
and to offer any evidence which may tend to show that the subject newsrack does not violate any provision of this Article.
(g) At the hearing, the burden of proof shall be upon the appellant to show that there was no
evidence to support the action taken by the Director of Public Works.
(h) At the conclusion of the hearing, the Town Council shall make a final determination.
(i) The perfection of any appeal to the Town Council shall stay the removal of any newsrack
until the Town Council makes its final determination, unless the newsrack presents a clear and
present danger of imminent personal injury or property damage. (Ord. 98-1 §1)

Sec. 6-4-90. Emergency removal.
Nothing contained in this Article shall be interpreted to limit or impair the exercise by the Town of
its police power, in the event of an emergency, to remove any such newsrack. (Ord. 98-1 §1)

Sec. 6-4-100. Revocation of permit.
(a) In addition to the enforcement procedures provided in Section 6-4-70 above, upon the second
violation of any provision of this Article within a period of one (1) year, the Director of Public Works
shall revoke the permit for placement of newsracks and the distributor shall forthwith remove all
newsracks covered by said permit.
(b) Violation, as contained herein, means any violation of which the distributor has been notified
pursuant to Section 6-4-70 and which was not corrected within the time provided therein, the
determination of which has not been withdrawn by the Director of Public Works after the informal
meeting established by Section 6-4-70 or which has not been overturned by the Town Council or any
reviewing court. (Ord. 98-1 §1)

Sec. 6-4-110. Abandonment.
If a newsrack remains empty for a period of thirty (30) continuous days, the newsrack shall be
deemed abandoned and shall be treated in the manner as provided in Section 6-4-70 above for
newsracks in violation of the provisions of this Article. (Ord. 98-1 §1)

Sec. 6-4-120. Compliance.
All newsracks resting in whole or in part upon or on any portion of a public right-of-way or which
project onto, into or over any part of a public right-of-way, shall be brought into compliance with the
terms of this Article no later than thirty (30) days after the effective date of the initial ordinance
codified herein. Any newsrack not found to be in compliance with the requirements of this Article as
of such date shall be subject to Section 6-4-70 above. (Ord. 98-1 §1; Ord. 2007-4 §1)

ARTICLE 5
Pawnbrokers

Sec. 6-5-10. Definitions.
As used in this Article, the following terms shall have the following meanings unless the context
clearly indicates otherwise:
Contract for purchase means a contract entered into between a pawnbroker and a customer
pursuant to which money is advanced to a customer on the condition that a customer, for a fixed
price and within a fixed period of time, not to exceed ninety (90) days, has the option to cancel said contract.
Fixed price means that amount agreed upon to cancel a contract for purchase during the option
period. Said fixed price shall not exceed one-tenth (1/10) of the original purchase price for each
month plus the original purchase price on amounts of fifty dollars ($50.00) or over, or one-fifth
(1/5) of the original purchase price for each month plus the original purchase price on amounts
under fifty dollars ($50.00).
Fixed time means that period of time, not to exceed ninety (90) days, as set forth in a contract
for purchase, for an option to cancel said contract.
Manager means an individual employee of a pawnbroker who directs the business of the
pawnbroker and who is in direct control of the pawnbroking business.
Option means the fixed time and the fixed price agreed upon by the customer and the
pawnbroker in which a contract for purchase may, but does not have to be, rescinded by the customer.
Pawnbroker means a person, partnership, limited liability company or corporation regularly
engaged in the business of making contracts for purchase or purchase transactions in the course of
his or her business. The term does not include secondhand dealer as defined by Section 18-13-
114, C.R.S.
Pawnbroking means the business of a pawnbroker as defined by this Article.
Pledge or pledged property means any tangible personal property deposited with a pawnbroker
pursuant to a contract for purchase in the course of his or her business as defined in this Article.
Pledgor means a customer who delivers a pledge into the possession of a pawnbroker.
Purchase transaction means the purchase by a pawnbroker in the course of his or her business
of tangible personal property for resale, other than newly manufactured tangible personal property,
which has not previously been sold at retail, when such purchase does not constitute a contract for
purchase.
Tangible personal property means all personal property other than choses in action, securities
or printed evidences of indebtedness, which property is deposited with or otherwise actually
delivered into the possession of a pawnbroker in the course of his or her business in connection
with a contract for purchase or a purchase transaction. (Ord. 2003-8 §2)

Sec. 6-5-20. License required.
No pawnbroker shall operate a pawnbroking business in the Town without a current valid license
issued pursuant to this Article. (Ord. 2003-8 §2)

Sec. 6-5-30. Application.
(a) Each applicant for a pawnbroker license shall pay a nonrefundable application fee of one
thousand dollars ($1,000.00) at the time of filing the application.
(b) The application for a license shall contain the information required in this Article and any
other pertinent information requested by the Town Clerk. Each individual applicant, partner of a
partnership, officer, director and holder of ten percent (10%) or more of the corporate stock of a
corporate applicant and all managers shall be named in each application form, and each of them shall
be photographed and fingerprinted by the Police Department. Each of them shall furnish as an
attachment to and part of such application, evidence that the proposed establishment meets the
requirements of the zoning ordinance, proof of the applicant’s right to possession of the premises
wherein the business of pawnbroking will be conducted, a financial questionnaire, consent to release
of financial information, and a current personal financial statement or a balance sheet and income
account statement for the twelve-month period preceding the date of the application. Each corporate
applicant shall furnish evidence that it is in good standing under state statutes, or in the case of a
foreign corporation, evidence that it is authorized to do business in the State. (Ord. 2003-8 §2; Ord. 2007-4 §1)

Sec. 6-5-40. License fee.
The Town finds, determines and declares that considering the nature of the pawnbroker business
and the relationship of such business to the municipal welfare, as well as the relationship thereto to
the expenditures required of the Town and all other matters properly to be considered in relation
thereto, the classification of such business as a separate type of business or occupation requiring a
separate license fee is reasonable, proper, uniform, nondiscriminatory and necessary for a just and
proper distribution of costs for Town services. Accordingly, the Town hereby levies and assesses for
each year an annual Town pawnbroker license fee. The annual license fee for carrying on the
business of pawnbroking shall be three thousand dollars ($3,000.00), payable prior to the issuance of
the license and prorated for the calendar year in which the license is first issued. (Ord. 2003-8 §2)

Sec. 6-5-50. License term and renewal.
(a) Any license issued pursuant to this Article shall expire on December 31 of the year in which it was issued.
(b) A renewal request shall be filed with the Town Clerk no later than December 1 of each year
and shall be made under oath, stating that no events have occurred which would result in a different
response than that contained in the original application or any renewal thereof. If circumstances have
changed, the applicant must state with particularity the change and respond appropriately to all
questions in the application form. The request for renewal must include evidence of the insurance
coverage required by this Article. (Ord. 2003-8 §2; Ord. 2007-4 §1)

Sec. 6-5-60. Bond.
As part of the licensing process, the applicant shall furnish a good and sufficient bond with a
surety to be approved by the Town Clerk in the sum of ten thousand dollars ($10,000.00). Such bond
shall be conditioned upon the faithful observance of the requirements of this Article and conditioned
upon the safekeeping or return of all articles in pledge by such pawnbroker. (Ord. 2003-8 §2)

Sec. 6-5-70. Insurance.
As part of the licensing process, the applicant shall provide fire and property damage insurance for
all property the pawnbroker holds by contract, in the minimum amount of fifty percent (50%) of such
property’s contracted value in case of damage or destruction. The applicant must provide the Town
Clerk proof of such insurance coverage before a pawnbroker license is issued and each time a request
for renewal is filed. (Ord. 2003-8 §2; Ord. 2007-4 §1)

Sec. 6-5-80. Zoning approval.
Prior to the issuance of any pawnbroker license, the applicant shall provide to the Town Clerk
proof that the zoning of the property permits a pawnbroker establishment. (Ord. 2003-8 §2)

Sec. 6-5-90. Investigation of applicants.
(a) Upon receipt of a properly completed application, as determined by the Town Clerk, together
with all information required in connection therewith, fingerprints and photographs and payment of
the application fee, the Police Department shall conduct an investigation of the background,
experience, character and financial responsibility of each individual applicant, the partners of a
partnership, officers, directors and holders of ten percent (10%) or more of the corporate stock of a
corporate applicant and all managers of a proposed pawnbroker establishment.
(b) The Police Department’s background investigation shall determine whether the financial
responsibility, experience, character and general fitness of the individual applicant and of the
partners, officers, directors and/or holders of ten percent (10%) or more of the stock of a corporate
applicant and all managers are such as to command the confidence of the public and to warrant the
belief that the business will be lawfully, honestly and fairly operated pursuant to this Article. (Ord. 2003-8 §2)

Sec. 6-5-100. Issuance or denial of license.
(a) The Town Clerk shall make a decision to issue the pawnbroker license or to deny the request
for a license or renewal thereof no later than thirty (30) days after the Town Clerk has received all
forms, documents and items required of the applicant by this Article and the results of the Police
Department’s investigation.
(b) If the investigation reveals that the applicant’s request for a pawnbroker license may be
approved and the Town Clerk has received verification that the applicant has met the bond and
insurance requirements and all other requirements of this Article, the Town Clerk shall issue and
deliver to the applicant a pawnbroker license for use only at the premises specified in the application
and only by the person making the particular application.
(c) A request for a new or renewal pawnbroker license may be denied by the Town Clerk on
grounds including but not limited to the following:
(1) A finding that an individual applicant, partner, officer or director of a corporation, a holder
of ten percent (10%) or more of the stock of a corporate applicant, or a manager of a pawnbroker
establishment fails at any time to meet the qualifications of this Article; violates any provision of
this Article or other Town ordinance; obtained the license by fraud or misrepresentation; or has
been convicted of a felony or any offense involving moral turpitude, including but not limited to
theft, fraud, robbery, burglary, larceny or deceit; and such conviction, as determined by the Police
Department, would create a danger to the public health, safety or welfare if the licensee were to continue to engage in such conduct.
(2) A finding that an applicant is not financially responsible, is not in good standing or is not
authorized to do business in the State. As used herein, financially responsible means having
sufficient income and assets to defray expenses and provide for liabilities of the business as they become due.
(d) The Town Clerk shall issue a written notice of any denial of a request for a pawnbroker
license, including the reasons for such denial, and the Town Clerk’s decision may be appealed to the
Town Council pursuant to the procedure outlined in Subsection 6-5-110(b) below. (Ord. 2003-8 §2)

Sec. 6-5-110. Revocation and suspension.
(a) The Town Clerk may revoke or suspend a pawnbroker license if:
(1) The licensee fails at any time to meet the qualifications required by this Article;
(2) The licensee violates any provision of this Article or other Town ordinance;
(3) It becomes evident that the licensee obtained the license by fraud or misrepresentation; or
(4) The licensee has been convicted of a felony or any offense involving moral turpitude,
including but not limited to theft, fraud, robbery, burglary, larceny or deceit; and such conviction,
as determined by the Police Department, would create a danger to the public health, safety or
welfare if the licensee were to continue to engage in such conduct.
(b) No suspension or revocation shall be final until the licensee has been given the opportunity
for a hearing to address the suspension or revocation. Such hearing shall be held within twenty (20)
days of filing of a written request with the Town Clerk. The hearing shall be conducted as follows:
(1) The Town Clerk shall notify the applicant or licensee of the hearing date by first class
mail, addressed to the applicant or licensee at the last address provided to the Town.
(2) The Town Council may affirm, reverse or modify the Town Clerk’s decision and, upon a
showing by the applicant or licensee of mitigating factors, may suspend the license for a period of
time or impose on the applicant or licensee reasonable conditions on the license or any renewal
thereof to secure compliance with this Article.
(3) The hearing shall be conducted in compliance with standards of procedural due process
applicable to administrative hearings, including the right to present testimony and to confront
witnesses.
(4) The licensee or applicant shall have the burden to show by a preponderance of the
evidence why the revocation, suspension or denial of a license, or renewal thereof, was improper.
It shall also be the burden of the licensee to establish mitigation in contesting any order of
revocation or suspension.
(5) The Town Council shall consider whether the Town Clerk abused his or her discretion or
acted arbitrarily or in excess of his or her authority hereunder.
(6) Within five (5) days of the conclusion of the hearing, the Town Council shall enter written
findings and conclusions, which shall be mailed by first class mail addressed to the applicant or
licensee at the last address provided to the Town. The Town Council’s decision shall be effective
three (3) days after the date of the written findings and conclusions.
(c) No refunds of any license fee shall be provided.
(d) No person who has had a license suspended or revoked under this Section is entitled to obtain
the same or any similar license under this Section during the period of suspension or revocation,
either in the person’s own name or as principal in another business that applies for a license. (Ord. 2003-8 §2)

Sec. 6-5-120. Manager.
(a) A pawnbroker may employ a manager to operate the business, provided that the pawnbroker
retains complete control of all aspects of the business, including but not limited to the right to
possession of the premises and the responsibility for all debts, and the pawnbroker must bear all risk
of loss or opportunity for profit from the business.
(b) Each new manager shall be photographed, fingerprinted and investigated. (Ord. 2003-8 §2)

Sec. 6-5-130. Change of owner, shareholder, partner, officer or director.
(a) In the event of a change of owner, officer, director or holder of more than ten percent (10%)
of the shares of stock of a corporate license holder, partner of a partnership or manager, disclosure in
writing by amendment of the original license application shall be made pursuant to Section 6-5-140
below.
(b) Notwithstanding any other provision of this Article, neither a new license nor an amendment
to an existing license shall be required upon any change, directly or beneficially, in the ownership of
any licensed pawnshop, which is owned directly or beneficially by a person who as an issuer has a
class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 (the
“Act”), or is an issuer of securities which is required to file reports with the Securities and Exchange
Commission pursuant to Section 15(d) of the Act, provided that such person files with the Securities
and Exchange Commission such information, documents and reports as are required by the provisions
of the Act to be filed by such issuer with the Securities and Exchange Commission. Such issuer shall
file with the Town Clerk information on managers, officers and directors of such issuer of any
licensed or intermediate subsidiary as is otherwise required of managers, officers and directors of
corporate pawnbrokers. (Ord. 2003-8 §2; Ord. 2007-4 §1)

Sec. 6-5-140. Change of application.
Any change of ownership or manager shall require an amendment to the license application. The
applicant or license holder shall pay a fee of two hundred dollars ($200.00) for each amendment of
the application. Failure of an applicant to request an amendment of the application shall constitute
grounds for revocation, suspension or nonrenewal of the license. (Ord. 2003-8 §2)

Sec. 6-5-150. Register.
(a) Each licensee shall keep a numerical register which includes the following information for
each contract for purchase or purchase transaction:
(1) The date of the contract for purchase or purchase transaction;
(2) The date and time of receipt of the article;
(3) An accurate description of the article, including but not limited to serial and registration
numbers, trademarks, brand names, model numbers and other identifying marks on the property;
(4) The name, address, date of birth, photograph and physical description of each customer,
together with his or her driver’s license or identification card number;
(5) A declaration of ownership signed by the customer; and
(6) For a contract for purchase, the amount, date and terms of the contract for purchase.
(b) The customer shall sign his or her name in such register, shall provide a clear and identifiable
imprint of the customer’s right index finger in such register and on the declaration of ownership, and
shall receive a copy of the contract of purchase or a receipt for the purchase transaction from the pawnbroker.
(c) A pawnbroker shall retain each register for at least three (3) years after the date of the last
transaction entered in the register. The register shall be made available to any local law enforcement
agency for inspection upon request at any reasonable time. (Ord. 2003-8 §2)

Sec. 6-5-160. Transaction fee.
Every pawnbroker shall pay to the Town a transaction fee for each transaction involving a contract
for purchase or purchase transaction. A transaction is limited to three (3) items of tangible personal
property per transaction form, subject to the following regulations. The transaction fee shall be set by
Town Council resolution.
(1) A parcel or bundle of articles offered as one (1) item and purchased for one (1) set price
shall be considered to be one (1) item of tangible personal property. Tangible personal property
with any identifying marks, including but not limited to any identification number, serial number,
model number or inscription, shall be individually itemized.
(2) Individual components of a stereo or computer system, including but not limited to
compact discs, records, tapes or other recorded media, shall be individually itemized. However,
when a stereo or computer system is being offered as one (1) item and purchased for one (1) set
price, only one (1) transaction fee shall be imposed, and a detailed itemized description of the
item’s components shall be recorded on the pawnbroker’s register and on the customer’s
declaration of ownership.
(3) All sums of money paid by the customer to the pawnbroker as transaction fees imposed by
this Article shall be and remain public money and the property of the Town in the hands of such
pawnbroker, who shall hold the same in trust for the sole use and benefit of the Town until paid to
the Town.
a. If a pawnbroker neglects or refuses to pay any transaction fee, the Town Clerk shall
make an estimate, based upon such information as may be available, of the amount of the
transaction fees due for the period for which the pawnbroker is delinquent and shall add thereto
a penalty equal to either the sum of fifteen dollars ($15.00) for such failure or ten percent
(10%) thereof and interest on such delinquent transaction fee.
b. Promptly thereafter, the Town Clerk shall give to the delinquent pawnbroker written
notice of such estimated transaction fee, penalty and interest, which notice shall be sent by first
class mail directed to the last address of such pawnbroker on file with the Town Clerk. Such
estimate shall thereupon become a Notice of Deficiency.
c. When interest is required or permitted to be charged under this Article, the annual rate of
interest shall be the statutory rate. (Ord. 2003-8 §2; Ord. 2007-4 §1)

Sec. 6-5-170. Video required.
Every pawnbroker shall videotape all transactions, including those which do not result in a
contract for purchase or purchase transaction. The videotape shall be in a format approved by the
Police Department and of such quality that it clearly displays an identifiable frontal image of the
customer. Any such videotape shall be kept by the pawnbroker for a minimum of ninety (90) days
and shall be subject to police review. If the videotape contains photographic evidence, it shall be held
for one hundred eighty (180) days. (Ord. 2003-8 §2)

Sec. 6-5-180. Pawn tickets.
(a) Form. At the time of making a contract for purchase, or upon the subsequent renewal of any
contract for purchase, the pawnbroker shall deliver to the customer a pawn ticket containing stubs or
duplicate copies which are correspondingly serially numbered, containing the following information:
(1) The name and address of the licensee;
(2) A description of the pledge sufficient to adequately identify the pledge;
(3) The date of the transaction;
(4) The amount, duration and terms of the contract for purchase; and
(5) Any other terms, conditions and information not inconsistent with the provisions of this
Article.
(b) Transfer. The holder of the pawn ticket shall be presumed to be the person entitled to cancel
the contract for purchase and, except as provided otherwise in this Article, the pawnbroker shall
deliver the pledge to the person presenting the pawn ticket upon payment of principal and any
applicable charges and upon surrender of the pawn ticket. The holder of any pawn ticket may transfer
the same to the issuing pawnbroker by writing upon the ticket “Transferred to (name of pawnbroker)”
and signing the same under such writing. The effect of transferring a pawn ticket to the issuing
pawnbroker shall be to vest in the pawnbroker such ownership and title to the pawn ticket and the
pledged property represented thereby as the holder had. Every instance of transference of a pawn
ticket to a pawnbroker shall be reported within seven (7) days to the Police Department.
(c) Loss. If a pawn ticket is lost, destroyed or stolen, the customer shall so notify the issuing
pawnbroker in writing. Before permitting the cancellation of the contract for purchase or issuing a
duplicate pawn ticket, the pawnbroker may, in addition to confirming the validity of the claim,
require the customer to make an affidavit of the alleged loss, destruction or theft of the ticket. Upon
receipt of such affidavit or statement in writing, the pawnbroker shall permit the customer to cancel
the contract for purchase or the pawnbroker shall deliver to the customer a duplicate ticket, and the
pawnbroker shall incur no liability for doing so unless he or she had previously received written
notice of an adverse claim. The form of the affidavit shall be substantially as follows:

AFFIDAVIT OF LOSS OF PAWN TICKET
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
I, _________________ being first duly sworn, do depose and say:
1. I am the pledgor of a pawn ticket issued by (name of pawnbroker), numbered ______ (“Unknown,” if number is
not known), and dated ________ (“Unknown,” if date is not known).
2. The above-described pawn ticket has not been sold, negotiated or transferred in any other manner by me.
3. The above-described pawn ticket was lost, destroyed or stolen as follows: ___________________
_______________________________________.
4. The pledge represented by this pawn ticket is (description of pledge): _________________________
_______________________________________.
5. Further affiant sayeth not.
____________________
Affiant
Subscribed and sworn to before me this ______ day of ____________, 20___.
My Commission expires: ______________.
____________________
Notary Public
(d) Adverse claims. If more than one (1) person claims the right to cancel a contract for
purchase, the pawnbroker shall incur no liability for refusing to deliver the pledge until the respective
rights of the claimants are adjudicated. If no action is brought against the pawnbroker by either party
prior to the expiration of the period for which the pawnbroker is required to hold the pledge, the
pawnbroker may proceed to sell the pledge in accordance with the provisions of this Article.
(e) Altered pawn ticket. The alteration of a pawn ticket shall not excuse the pawnbroker who
issued it from liability to deliver the pledge according to the terms of the ticket as originally issued,
but shall relieve the pawnbroker from any other liability to the pledgor of the ticket.
(f) Seizure.
(1) If a ticket is presented to a pawnbroker which purports to be one (1) issued by him or her
but which is found to be counterfeit or which has been reported to him or her as lost, stolen or
destroyed, the pawnbroker may seize and retain the same without incurring any liability
whatsoever to the holder thereof and shall immediately notify the Police Department. The Police
Department shall then place a hold order on the pawn ticket so seized, and the pledged property
identified in said pawn ticket shall be held by the pawnbroker until such time as the lawful
disposition of the pledged property is either agreed upon, determined by a court action or directed
by ordinance or statute, or until the hold order is either ordered released by the Police Department
or has expired.
(2) If a pawnbroker has reason to believe a customer is exhibiting counterfeit or fraudulent
identification, the pawnbroker or his or her employee, acting in good faith and upon probable
cause based upon reasonable grounds therefor, may seize such identification without incurring
civil or criminal liability as a result of such seizure, if the pawnbroker immediately notifies and
gives such identification to the Police Department. (Ord. 2003-8 §2)

Sec. 6-5-190. Hold order and confiscation.
(a) Any police officer may order a pawnbroker to hold any article deposited with or in the
custody of any pawnbroker for investigation purposes. A hold order shall be effective upon verbal
notification to the pawnbroker by the Police Department. No sale or other disposition may be made
of any property under a hold order. A hold order shall supersede any other provision of this Article.
(b) If any police officer determines that any article held by a pawnbroker is stolen or otherwise
illegally obtained, the police officer may immediately confiscate such property. The officer shall
provide the pawnbroker with a receipt, case report number and cover sheet setting forth the basis for
the confiscation. (Ord. 2003-8 §2)

Sec. 6-5-200. Sale of tangible personal property.
If the customer fails or neglects to redeem his or her property upon the maturity of the contract for
the purchase by repayment of the balance of the principal and payment of all accrued interest charges,
the pawnbroker shall immediately, upon the maturity of the contract for purchase, mail, with
sufficient postage, a notice of the impending sale of the property delivered under the contract. Such
notice shall be mailed to the customer at the address shown on the contract for purchase. Ten (10)
days shall be allowed from the date of the mailing of the notification for the customer to appear and
reclaim the property. The pawnbroker shall not sell or otherwise dispose of the property prior to the
expiration of the ten-day period. (Ord. 2003-8 §2)

Sec. 6-5-210. Hours.
It is unlawful for any pawnbroker to be open for business during the following hours and on the following days:
(1) After 6:00 p.m. (or after 7:00 p.m. on Saturday) and before 8:00 a.m. the following morning;
(2) On Sunday;
(3) On January 1, commonly called New Year’s Day; on the fourth Monday of May,
commonly called Memorial Day; on July 4; on the first Monday of September, commonly called
Labor Day; on the fourth Thursday of November, commonly called Thanksgiving Day; and on
December 25, commonly called Christmas Day; or
(4) On the Monday following the Sunday on which any of the holidays enumerated in Paragraph (3) above falls. (Ord. 2003-8 §2)

Sec. 6-5-220. Proximity.
No pawnbroker business or facility shall be located on any site unless authorized as a permitted
use in the underlying zone district and less than one thousand five hundred feet (1,500) from the
location of any other pawnbroker business or facility, whether within or outside the Town boundaries.
(Ord. 2003-8 §2)

Sec. 6-5-230. Prohibited acts.
No pawnbroker, employee or agent of any pawnbroker shall:
(1) Enter into a contract for purchase or purchase transaction with any person under the age of
eighteen (18) years or under the influence of alcohol or drugs;
(2) Enter into a contract for purchase or purchase transaction with any person known to the
pawnbroker, employee or agent to have been convicted of larceny, robbery or burglary, unless the
Police Department has been notified;
(3) Permit any customer to become obligated on the same day in any way under more than
one (1) contract for purchase with the pawnbroker which would result in the pawnbroker obtaining
a greater amount of money than would be permitted if the pawnbroker and customer had entered
into only one (1) contract for purchase covering the same articles;
(4) Violate the terms of a contract for purchase;
(5) Enter into any contract for purchase in violation of this Article;
(6) Enter into a contract for purchase for any article other than an article of tangible personal
property; or
(7) Enter into any contract for purchase or purchase transaction wherein the identification
number, serial number, model number, brand name, owner’s identification number or other
identifying marks of the property have been totally or partially obscured. (Ord. 2003-8 §2)

Sec. 6-5-240. Liability of pawnbroker.
(a) A pawnbroker who accepts in pledge any tangible personal property as security for a contract
for purchase from one who is not the owner thereof obtains no title in the property either by reason of
a pledgor’s failure to cancel the contract for purchase or by transference of the pawn ticket to the
pawnbroker by the pledgor thereof. Ignorance of the fact that the pledged property was lost or stolen
shall not affect the question of title; and if the pawnbroker sells such article to a third person, he or
she shall remain liable to the original owner in any appropriate legal action. The lawful owner may,
upon providing proof of his or her ownership of the lost or stolen property, claim the same from the
pawnbroker or recover the same by means of any appropriate legal action.
(b) A pawnbroker shall be liable for the loss of tangible personal property or part thereof or for
damages thereto, whether caused by fire, theft, burglary or otherwise, resulting from his or her failure
to exercise reasonable care in regard to it. (Ord. 2003-8 §2)

Sec. 6-5-250. Penalties.
Any person who violates any of the provisions of this Article shall be punished as set forth in
Section 1-6-20 of this Code. (Ord. 2003-8 §2; Ord. 2007-4 §1)

ARTICLE 6
Medical Marijuana Dispensaries

(This Article 6 repealed and reenacted by Ord. 2010-6)

6-6-10. Short title.
This Article shall be known and may be cited as the “Medical Marijuana Ordinance.”

6-6-20. Findings.
The Town Council adopts this Article based upon the following findings of fact:
(1) On November 7, 2000, the voters of the State of Colorado approved
Amendment 20. Amendment 20 added § 14 of Article 18 to the Colorado
Constitution, and created an affirmative defense for criminal liability under Colorado
law (as opposed to federal law) for seriously ill persons who are in need of marijuana
for specified medical purposes and who obtain and use medical marijuana under the
limited, specified circumstances described in Amendment 20.
(2) The intent of Amendment 20 was to enable certain specified patients
and caregivers who comply with the registration provisions of the law to legally
obtain, possess, cultivate, grow, use and distribute marijuana without fear of criminal
prosecution under Colorado (as opposed to federal) law.
(3) Despite the adoption of Amendment 20 marijuana is still a controlled
substance under Colorado and federal law. As a result, making it legal for a person to
obtain, possess, cultivate, grow, use and distribute marijuana, even for medical use as
contemplated by Amendment 20, has the potential for abuse that should be closely
monitored and regulated by local authorities to the extent possible.
(4) The Colorado Medical Marijuana Code clarifies Colorado law
regarding the scope and extent of Amendment 20 to the Colorado Constitution,
Article XVIII, § 14, establishes a regulatory scheme for the retail sale, distribution,
cultivation and dispensing of medical marijuana and medical marijuana-infused products;
(5) Nothing in this Article allows a person to:
a. Engage in conduct that endangers others or causes a public nuisance;
b. Possess, cultivate, grow, use or distribute marijuana for any
purpose other than for use as medical marijuana as authorized and limited by
Amendment 20, and the implementing state statutes and administrative regulations;
c. Possess, cultivate, grow, use or distribute marijuana that is otherwise illegal under applicable law; or
d. Engage in any activity related to the possession, cultivation,
growing, use or distribution of marijuana that is otherwise not permitted
under the laws of the Town or the State of Colorado.
(6) This Article is necessary and proper to provide for the safety,
preserve the health, promote the prosperity, and improve the order, comfort and
convenience of the Town and the inhabitants thereof.
(7) No person, business, activity or use that distributed or involved the
distribution of marijuana within the Town prior to the enactment of this Article shall
be deemed to have been legally established under this Code, and no such person,
business, activity or use shall be entitled to claim legal, nonconforming status under
any provision of this Code or applicable law.

6-6-30. Purpose.
Recognizing that there is a potential conflict between federal and state law
with respect to the operation of medical marijuana centers, optional premises
cultivation operations, or medical marijuana-infused products manufacturing facilities
it is the purpose of this Article to:
(1) Impose specific requirements and limitations for those individuals
registering with the State of Colorado as a “patient” or “primary care-giver” as those
terms are defined in Amendment 20, and the statutes and administrative regulations
implementing Amendment 20.
(2) Require that a medical marijuana center, an optional premises
cultivation operation, or a medical marijuana-infused products manufacturing facility
(as defined in this Article) be operated in a safe manner that does not endanger the public welfare.
(3) Mitigate potential negative impacts that a medical marijuana center,
an optional premises cultivation operation, or a medical marijuana-infused products
manufacturing facility might cause on surrounding properties and persons.
(4) Regulate the conduct of persons owning, operating, employed by and
utilizing a medical marijuana center, an optional premises cultivation operation, or a
medical marijuana-infused products manufacturing facility in order to protect the public health, safety and welfare.
(5) Establish a nondiscriminatory mechanism by which the Town can
control, through appropriate regulation, the location and operation of medical
marijuana centers, optional premises cultivation operations, or medical marijuanainfused
products manufacturing facilities consistent with State law within the Town.

6-6-40. Authority.
(1) The Town Council hereby finds, determines and declares that it has
the power to adopt this Article pursuant to:
(a) Section 12-43.3-101, et seq., C.R.S. (known as the Medical Marijuana Code);
(b) The Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.;
(c) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers);
(d) Section 31-15-103, C.R.S. (concerning municipal police powers);
(e) Section 31-15-401, C.R.S. (concerning municipal police powers);
(f) Section 31-15-501, C.R.S. (concerning municipal authority to regulate businesses).
(2) The Town Council shall be the local licensing authority of the Town for the
licensing of medical marijuana centers, pursuant to this Article, unless the Town Council
designates other persons to serve as the local licensing authority by ordinance. The local
licensing authority shall possess all powers given to local licensing authorities by the
provisions of the Colorado Medical Marijuana Code and rules and regulations promulgated
thereunder. Any decision made by the local licensing authority to grant or deny a license, to
revoke or suspend a license, or to renew or not renew a license shall be a final decision and
may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

6-6-50. Definitions.
(a) As used in this Article, the following words shall have the following meanings:
Alcoholic beverage has the meaning provided in Section 12-47-103, C.R.S.
Amendment 20 means a voter-initiated amendment to the Colorado
Constitution adopted November 7, 2000. Amendment 20 added §14 of Article 18 to
the Colorado Constitution.
Application means an application for license submitted pursuant to this Article.
Colorado Medical Marijuana Code or Medical Marijuana Code means
C.R.S. § 12-43.3-101, et seq., as may be amended.
Cultivation means the process by which a person promotes the germination
and growth of a seed to a mature marijuana plant. Cultivation does not include the
storing or watering of mature marijuana plants without the aid of grow lighting.
Day means a calendar day, unless otherwise indicated.
Good cause (for the purpose of refusing or denying a license renewal under
this Article) means: (1) the licensee has violated, does not meet, or has failed to
comply with any of the terms, conditions or provisions of this Article and any rule
and regulation promulgated pursuant to this Article; (2) the licensee has failed to
comply with any special terms or conditions that were placed on its license at the time
the license was issued, or that were placed on its license in prior disciplinary
proceedings or that arose in the context of potential disciplinary proceedings; or (3)
the licensee’s medical marijuana center, optional premises cultivation operation, or
medical marijuana-infused products manufacturing facility has been operated in a
manner that adversely affects the public health, welfare or safety of the immediate
neighborhood in which the medical marijuana center, optional premises cultivation
operation, or medical marijuana-infused products manufacturing facility is located.
Evidence to support such a finding can include: (i) a continuing pattern of offenses
against the public peace, as defined in Article 4 of Chapter 10 of this Code; (ii) a
continuing pattern of drug-related criminal conduct within the premises of the
medical marijuana center, optional premises cultivation operation, or medical
marijuana-infused products manufacturing facility or in the immediate area
surrounding the medical marijuana center, optional premises cultivation operation, or
medical marijuana-infused products manufacturing facility; or (iii) a continuing
pattern of criminal conduct directly related to or arising from the operation of medical
marijuana center, optional premises cultivation operation, or medical marijuana-infused products manufacturing facility.
License means a license to operate a medical marijuana center, optional
premises cultivation operation, or medical marijuana-infused products manufacturing
facility issued by the Town pursuant to this Article or another local jurisdiction
pursuant to the Medical Marijuana Code.
Licensee means the person to whom a license has been issued pursuant to this Article.
Licensed premises means the premises specified in an application for a
license under this Article, which is owned or in possession of the licensee and within
which the license is authorized to cultivate, manufacture, distribute, or sell medical
marijuana or medical marijuana-infused products in accordance with state and local law.
Local licensing authority means, for purposes of this Article, the Town’s Council.
Medical marijuana means marijuana that is grown and sold for a purpose
authorized by Article XVIII, § 14 of the Colorado Constitution.
Medical marijuana center means a person licensed pursuant to this Article to
operate a business as described in the Colorado Medical Marijuana Code that sells
medical marijuana and medical marijuana-infused products to registered patients or
primary caregivers as defined in Article XVIII, § 14 of the Colorado Constitution, but is not a primary caregiver.
Medical marijuana-infused product means a product infused with medical
marijuana that is intended for use or consumption other than by smoking, including
but not limited to edible products, ointments and tinctures. These products, when
manufactured or sold by a licensed medical marijuana center or a medical marijuanainfused
product manufacturer, shall not be considered a food or drug for purposes of
the “Colorado Food and Drug Act,” Part 4 of Article 5 of Title 25, C.R.S.
Medical marijuana-infused products manufacturer means a person licensed
pursuant to this Article to operate a business to operate a business as described in the
Colorado Medical Marijuana Code that manufactures medical marijuana-infused products.
Optional premises means, for purposes of this article, the premises specified
in an application for a medical marijuana center license or a medical marijuanainfused
product manufacturing facility with related growing facilities for which the
licensee is authorized to grow and cultivate marijuana for a purpose authorized by
Section 14 of Article XVIII of the State Constitution.
Optional premises cultivation operation means a person licensed pursuant to
this Article, or another local jurisdiction pursuant to the Medical Marijuana Code, to
operate a business as described in the Colorado Medical Marijuana Code to grow and
cultivate marijuana for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution.
Patient has the meaning set forth in Article XVIII, § 14(1)(c) of the Colorado Constitution.
Primary caregiver has the meaning set forth in Article XVIII, §14 (1)(f) of the Colorado Constitution.
School means a public or private preschool or a public or private elementary, middle, junior high, or high school.
Sell or sale means any of the following: to exchange, barter or traffic in; to
offer, solicit or receive an order for, except through a licensee licensed under C.R.S.
Article 43.3 of Title 12; to keep or expose for sale; to serve with meals; to deliver for
value or in any way other than gratuitously; to peddle or possess with intent to sell; to
possess or transport in contravention of this Article; or to traffic in for any
consideration promised or obtained, directly or indirectly.
State licensing authority, means, for the purposes of this article, the executive
director of the department of revenue or the deputy director of the department of
revenue if the executive director so designates.
Town means the Town of Mountain View, Colorado.
(b) In addition to the definitions provided in Subsection (a) hereof, the
other defined terms in Amendment 20 and the Medical Marijuana Code are
incorporated into this Article by reference.

6-6-60. License required.
(a) No person shall operate a medical marijuana center, an optional premises
cultivation operation, or a medical marijuana-infused products manufacturing facility
within the Town without a valid license issued in accordance with this Article and state law.
(b) Each license issued under this Article is separate and distinct, and no person
shall exercise any of the privileges granted under any license other than that which he
or she holds. A separate license shall be issued for each specific business and each
location, and in such license which the applicant is authorized to manufacture or sell
medical marijuana shall be named and described.
(c) In the event a specific business holding a license issued under this Article
changes its business location, an application for a new license reflecting the change
of location shall be made to the local licensing authority. An nonrefundable
application fee in the amount of five hundred dollars ($500.00) shall be paid to the
Town at the time of making the application for a change in business location.
(d) The local licensing authority shall hold a public hearing to consider an
application for a change in business location and shall cause the application for a
license reflecting the change of location to be placed on the agenda of a Town
Council meeting to be held not less than four (4) days nor more than thirty (30) days
after the Clerk has received the application. The applicant, or his or her attorney,
shall be in attendance at the Council meeting at which his or her application is
presented. The date of presentation of the application to the Council shall be deemed
the date of filing the application. Upon receipt of the application, the Council shall
follow procedures set forth in this Article for the investigation of the applicant, the
notice requirement for such public hearing, and the conduct of a public hearing.

Sec. 6-6-70. Medical Marijuana Centers
(a) A licensed medical marijuana center may sell marijuana and marijuanainfused
products to registered patients or primary caregivers.
(b) The medical marijuana offered for sale and distribution must be labeled with a
list of all chemical additives including non-organic pesticides, herbicides and
fertilizers used in cultivation and production.
(c) With the exception of medical marijuana-infused products, at least seventy
percent (70%) of the medical marijuana offered for sale and/or distribution must be
comprised of medical marijuana grown at the medical marijuana center’s own
optional premises cultivation licensed facility, which optional premises cultivation
facility may be located outside the Town’s boundaries so long as the optional
premises cultivation facility is properly licensed pursuant to the Medical Marijuana Code.
(d) On-site consumption and use of medical marijuana is prohibited.
(e) Medical marijuana center is not exempt from paying local sales tax.

Sec. 6-6-80. Medical Marijuana-Infused Products Manufacturer
(a) All medical marijuana-infused products shall be prepared on a licensed
premises that is used exclusively for the manufacture and preparation of medical
marijuana-infused products. The equipment used in manufacturing medical
marijuana-infused products shall be used exclusively for such manufacture and
preparation of infused products.
(b) All medical marijuana-infused products shall be sealed and conspicuously
labeled in compliance with state law. A medical marijuana-infused product
manufacturer may not include medical marijuana from more than five different medical marijuana centers in one product.
(d) A medical marijuana-infused products manufacturer shall enter into a
contract with any medical marijuana center for the purchase of medical marijuana to
be used in the manufacturing of infused products. The contract must contain, at a
minimum, the total amount of marijuana obtained by the medical marijuana center to
be used in manufacturing infused products and the total amount of infused products to be manufactured.
(e) A medical marijuana-infused products manufacturer is not exempt from paying local sales tax.

Sec. 6-6-90. Optional Premises Cultivation Operation
An optional premises cultivation operation license may be issued only to a person
licensed by the Town under this Article as a medical marijuana center or medical
marijuana-infused products manufacturer.

Sec. 6-6-100. Sale or transfer of all or part of business interest.
(a) Whenever any individual, corporation or partnership existing or licensed
under this Article sells or transfers all or part of its corporate stock, partnership
interest or business interest in medical marijuana center, an optional premises
cultivation operation or a medical marijuana-infused products manufacturing
operation and a new license application is required by the State, a nonrefundable
application update fee in the amount of five hundred dollars ($500.00) shall be paid
to the Town at the time of making the application.
(b) The local licensing authority shall follow the procedures in this Article for
the investigation of the applicant, and shall determine whether the investigation
reveals any information tending to establish that the applicant may be prohibited
from holding a license pursuant to Section 6-6-120 of this Article. If the investigation
reveals no information tending to establish that the applicant may be prohibited from
holding a license, the local licensing authority shall issue a license to the applicant.
Provided, however, that if the investigation reveals any information tending to
establish that the applicant may be prohibited from holding a license, the local
licensing authority shall cause the new application for the existing medical marijuana
center, an optional premises cultivation operation or a medical marijuana-infused
products manufacturing operation to be placed on the agenda not less than four (4)
days nor more than thirty (30) days after the local licensing authority has received the
application. The applicant, or his or her attorney, shall be in attendance at the
Council meeting at which his or her application is presented. The date of
presentation of the application to the Council shall be deemed the date of filing of the
application. Upon receipt of the application, the Council shall follow procedures set
forth in this Article for conducting a public hearing. The Council shall only consider
the criteria listed in Section 6-6-120 of this Article when conducting the hearing.

Sec. 6-6-110. Change of officers, directors, or members.
Whenever any corporation or limited liability company causes a change in its
corporate officers, directors or members, and a license addendum is required to be
filed with the State, a nonrefundable application addendum fee in the amount of one
hundred dollars ($100.00) shall be paid to the Town at the time of filing the
addendum with the Town.

Sec. 6-6-120. Disqualification.
(a) No license provided by this Article shall be issued to or held by:
(1) Any person until the annual license fee has been paid;
(2) Any person who is not of good moral character;
(3) Any corporation, any of whose officers, directors or stockholders are not of good moral character;
(4) Any partnership, association or company, any of whose officers are
not of good moral character;
(5) Any person employing, assisted by, or financed in whole or in part
by any other person who is not of good character and reputation satisfactory to the respective licensing authorities;
(6) Any sheriff, deputy sheriff, police officer, prosecuting officer, and
state or local licensing authority or any of its inspectors or employees;
(7) Any person, unless he or she is of a character, record and reputation
satisfactory to the respective licensing authority;
(8) Any natural person under twenty-one (21) years of age;
(9) Any person who fails to file any tax return with a taxing agency, stay
out of default on a government-issued student loan, pay child support, or
remedy outstanding delinquent taxes;
(10) Any person who fails to provide a surety bond;
(11) Any person who was a primary caregiver whose authority has been revoked;
(12) Any person for a license location that is also a retail food establishment or wholesale food registrant;
(13) Any person who has not been a resident of Colorado for at least two
years prior to the date of the application;
(14) Any person who has discharged a sentence for a felony conviction within past 5 years;
(15) Any person convicted of a felony for drug possession, distribution or use;
or
(16) Any licensed physician making patient recommendations.
(b) In making a determination as to character or when considering the conviction
of a crime, the local licensing authority shall be governed by the provisions of Section 24-5-101, C.R.S.
(c) Jurisdiction.
(1) In investigating the qualifications of the applicant or a licensee, the
local licensing authority may have access to criminal history record
information furnished by a criminal justice agency subject to any restrictions
imposed by such agency. In the event the local licensing authority takes into
consideration information concerning the applicant’s criminal history record,
the local licensing authority shall also consider any information provided by
the applicant regarding such criminal history record, including but not
limited to evidence of rehabilitation, character references, and educational
achievements, especially those items pertaining to the period of time between
the applicant’s last criminal conviction and the consideration of the application for a license.
(2) As used in subsection (1) of this Section, “criminal justice agency”
means any federal, state, or municipal court or any governmental agency or
subunit of such agency that performs the administration of criminal justice
pursuant to a statute or executive order and that allocates a substantial part of
its annual budget to the administration of criminal justice.

Sec. 6-6-130. Application for license.
(a) A person seeking to obtain a license pursuant to this Article shall file
an application with the local licensing authority. The form of the application shall be provided by the local licensing authority.
(b) A license issued pursuant to this Article does not eliminate the need
for the licensee to obtain other required Town licenses and permits related to the
operation of the approved medical marijuana center, optional premises cultivation
operation or medical marijuana-infused products manufacturing operation including, without limitation:
(1) Any required land use approval, if applicable;
(2) A Town business and sales tax license; and
(3) A building permit, mechanical permit, plumbing permit or electrical permit.
(c) An application for a license under this Article shall contain the following information:
(1) The applicant’s name, address, telephone number and social security number;
(2) The street address and unit number, if applicable, of the
proposed medical marijuana center, optional premises cultivation operation
or medical marijuana-infused products manufacturing operation, and a
complete description of the site for which the license is being obtained;
(3) Proof of ownership or right to possession of the proposed
location of the medical marijuana center, optional premises cultivation
operation or medical marijuana-infused products manufacturing operation,
consisting of a copy of a deed or lease thereto with any lease acknowledging
the owner’s consent and authorization of the submission of the application;
(4) A completed set of fingerprints for the applicant, owner, officers, manager, and employees;
(5) A statement to be initialed by the applicant that the applicant
and the employees of the medical marijuana center, optional premises
cultivation operation, or medical marijuana-infused products manufacturing
facility may be subject to prosecution under federal marijuana laws;
(6) A statement to be initialed by the applicant that the Town
accepts no legal liability in connection with the approval and subsequent
operation of the medical marijuana center, an optional premises cultivation
operation or a medical marijuana-infused products manufacturing operation;
(7) An acknowledgement that the Town will conduct a
background investigation as specified in 6-6-160 of this Article; and
(8) Any additional information that the local licensing authority
reasonably determines to be necessary in connection with the investigation
and review of the application.
Applications shall be processed by the local licensing authority in order of receipt.

Sec. 6-6-140. Manager registration.
A person licensed pursuant to this Article shall manage the premises him or herself or
shall employ a separate and distinct manager on the premises and shall report the
name of such manager to the Town. Such person licensed shall also report any
change in managers to the Town within thirty (30) days after the change by filing an
application addendum with the Town along with a nonrefundable one hundred dollar
($100.00) application addendum fee. Failure to report a change in managers shall be
grounds for suspension of a license.

Sec. 6-6-150. Application fee.
(a) An applicant shall pay to the Town a nonrefundable application fee when
the initial application and any annual renewal application is filed with the
Town. The purpose of the fee is to cover the administrative costs of
processing the application. For applications filed in 2010 the application
fee is $2,000.00. Thereafter, the amount of the application fee shall be
fixed by resolution of Town Council.
(b) In addition to the application fee, an applicant or permit holder shall
pay to the Town a nonrefundable investigation fee when a Background
Investigation Form is filed with the Town. The purpose of the fee is to
cover the administrative costs of processing and conducting the
background investigation required by this Article. For Background
Investigation Forms filed in 2010, the background investigation fee is
$150.00. Thereafter, the amount of the background investigation fee
shall be fixed by resolution of Town Council.
(Repealed and reenacted by Ord. 2010-10)

Sec. 6-6-160. Investigation of application.
(a) Upon receipt of a properly completed application, together with all
information required in connection therewith, and the payment of the application fee
as required by Section 6-6-150, the local licensing authority shall transmit copies of the application to:
(1) the Police Department;
(2) the Planning Department; and
(3) any other person or agency which the local licensing
authority determines should properly investigate and comment upon the application.
(b) Upon receipt of a completed application the Police Department shall
obtain and review a criminal background records search on the applicant from the Colorado Bureau of Investigation.
(c) Within twenty (20) days of receipt of a completed application those
Town departments and other referral agencies described in Subsection (a) of this
Section shall provide the local licensing authority with comments concerning the application.

Sec. 6-6-170. Establishing neighborhood and public hearing dates.
(a) The local licensing authority shall cause the application for a medical
marijuana center, an optional premises cultivation operation or a medical marijuanainfused
products manufacturing operation to be placed on the agenda of a Council
meeting to be held not less than four (4) days nor more than thirty (30) days after the
Clerk has received the application. The date of presentation of the application to the
Council shall be deemed the date of filing of the application.
(b) The corporate limits of the Town shall be designated the neighborhood upon
the presentation of the application.
(c) The Council shall also set a date for a public hearing, which date shall be
held not less than thirty (30) days from the date of the Council meeting at which the date is set.
(d) The location of an optional premises cultivation operation is confidential and
will not be included in any agendas, minutes or notices.

Sec. 6-6-180. Public Notice.
(a) The applicant for a medical marijuana center, an optional premises
cultivation operation or a medical marijuana-infused products manufacturing
operation license shall cause to be posted and published a public notice of hearing
thereon. The sign used for posting such notice shall be of cardboard material, not
less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of
letters not less than one (1) inch in height and stating the type of license applied for,
the date of the application, the date of hearing, the name and address of the applicant,
and such other information as may be required to fully apprise the public of the
nature of the application. If the applicant is a partnership, the sign shall contain the
names and addresses of all partners. If the applicant is a corporation, association or
other organization, the sign shall contain the names and addresses of the president,
vice-president, secretary and manager or other managing officers.
(b) The published notice shall contain the same information as that required for
signs, and shall be composed of eight-point boldface type so as to be not less than
one (1) column in width nor less than six (6) inches in length.
(c) Where the building in which the medical marijuana center or a medical
marijuana-infused products manufacturing operation is to be located is in existence at
the time of the application for the license, the sign shall be placed on the premises so
as to be conspicuous and plainly visible to the general public from the exterior of the
building. If the building is not in existence at the time of such application, the sign
shall be posted upon the premises upon which the building is to be constructed in
such manner that it shall be conspicuous and plainly visible to the general public.

Sec. 6-6-190. Standards for issuance of license.
The local licensing authority shall issue a license under this Article when,
from a consideration of the application and from such other information as may
otherwise be obtained, the local licensing authority determines that:
(1) The application (including any required attachments and
submissions) is complete and signed by the applicant;
(2) The applicant has paid the application fee and any other fees
required by this Article.
(3) The application does not contain a material falsehood or misrepresentation;
(4) The application complies with all of the requirements of this Article;
(5) The applicant is not otherwise disqualified from licensure pursuant to Section 6-6-120; and
(6) The proposed location of the medical marijuana center,
optional premises cultivation operation, or medical marijuana-infused
products manufacturing facility is permitted under Section 6-6-350.

Sec. 6-6-200. Denial of license.
(a) The local licensing authority shall deny an application for a license
under this Article, if the it determines that:
(1) Information contained in the application or supplemental
information requested from the applicant is found to be false in any material respect; or
(2) The application fails to meet any of the standards sets forth in Section 6-6-120 of this Article.
(b) If an application is denied the application fee shall not be refunded.
Sec. 6-6-210. Authority to impose conditions on license.
The local licensing authority shall have the authority to impose such
reasonable terms and conditions on a license as may be necessary to protect the
public health, safety and welfare, and to obtain compliance with the requirements of
this Article and applicable law.

Sec. 6-6-220. Decision by Local Licensing Authority.
(a) The local licensing authority shall approve, deny or conditionally
approve an application within thirty (30) days of the receipt of the completed
application, unless, by written notice to the applicant, the decision period is extended
for an additional ten (10) days if necessary for the local licensing authority to
complete the review of the application.
(b) If an application is denied, the local licensing authority shall clearly
set forth in writing the grounds for denial.
(c) In the event an application is conditionally approved, the local
licensing authority shall clearly set forth in writing the conditions of approval.

Sec. 6-6-230. Notice of Decision.
The local licensing authority shall notify the applicant of the decision on the
application within three (3) business days of rendering the decision. Notice shall be
given by mailing a copy of the local licensing authority’s decision to the applicant by
regular mail, postage prepaid, at the address shown in the application. Notice is
deemed to have been properly given upon mailing.

Sec. 6-6-240. Rehearing limitation.
No application for the issuance of a medical marijuana center, an optional premises
cultivation operation or a medical marijuana-infused products manufacturing
operation license shall be considered by the local licensing authority if an application
for a similar type license has been denied for the same location or a location within
one thousand (1000) feet of a location within the two (2) years immediately
preceding the date of such new application.

Sec. 6-6-250. Reserved.

Sec. 6-6-260. Contents of license.
(a) A license shall contain the following information:
(1) The name of the licensee;
(2) The date of the issuance of the license;
(3) The address at which the licensee is authorized to operate the
medical marijuana center, optional premises cultivation operation or medical
marijuana-infused products manufacturing operation ;
(4) Any special conditions of approval imposed upon the license
by the local licensing authority, pursuant to Section 6-6-220; and
(5) The date of the expiration of the license.
(b) A license must be signed by both the applicant and the local licensing authority to be valid.

Sec. 6-6-270. License not transferable.
A license is nontransferable and nonassignable. Any attempt to transfer or
assign a license voids the license.

Sec 6-6-280. Notice of issuance of license.
Immediately upon the issuance of a license, the local licensing authority shall
send a copy of the license to:
(1) The Police Department;
(2) The Planning Department;
(3) Any other person or agency as determined by the local
licensing authority.

Sec. 6-6-290. Duration of license; renewal.
(a) Each license issued pursuant to this Article shall be valid for one (1)
year from the date of issuance, and may be renewed as provided in this Section.
(b) All renewal applications for medical marijuana centers, an optional
premises cultivation operations or a medical marijuana-infused products
manufacturing operations shall be submitted to the local licensing authority on the
prescribed forms, together with the applicable license fee set forth at Section 6-6-150
herein, no later than forty-five (45) days prior to the date on which the license
expires. No renewal application shall be accepted by the local licensing authority
which is not complete in every detail. The timely filing of a renewal application shall
extend the current license until a final decision is made on the renewal application,
including any appeal.
(c) Upon receiving the completed renewal application, the local
licensing authority shall assemble the file of the applicant and review the file to
determine whether “good cause” is present for non-renewal. Whether “good cause”
is present is a fact specific inquiry depending on the circumstances of the case, and
may be based on evidence that continuation of the license would be contrary to the
public interest, as well as the conduct of the licensee. If the local licensing
authority’s review indicates no facts or circumstances supporting “good cause” for
non-renewal, the local licensing authority shall issue a renewal license. Provided,
however, that in the event that the renewal application is made by a financial
institution which came into possession of the license by virtue of a deed in lieu of
foreclosure, a hearing must be held before the Council.
(d) If there is information before the local licensing authority that there
have been complaints filed against the licensee, that the licensee has a history of
violating this Article, or there are allegations against the licensee that would
constitute good cause in denying the renewal application, the local licensing authority
shall cause to be issued a notice of hearing on the license renewal. In the event the
local licensing authority issues a notice requiring a hearing to renew a license, the
notice shall be served and a notice of the hearing shall be conspicuously posted on
the premises of the medical marijuana center or medical marijuana-infused products
manufacturing operation at least ten (10) days prior to the hearing.
(e) Hearings held on any renewal application, after proper notice has
been given, may result in denial of renewal of the license for good cause.
(f) In the event that a license is renewed by the licensing authority, such
renewal will not affect a pending show cause order which relates to an incident that
occurred prior to the date of the renewal. The licensing authority shall be authorized
to take whatever action is necessary against a licensee either in the form of
suspension or revocation of the liquor license regardless of when such license has
been renewed.
(g) A licensee whose license has been expired for less than ninety (90)
days may submit to the local licensing authority a late renewal application on the
proscribed forms and pay a nonrefundable late application fee in an amount of fivehundred
dollars ($500.00). All other provisions concerning renewal applications
apply to late renewal applications.
(h) The local licensing authority will not accept late renewal applications
from licensees whose licenses have been expired for more than ninety (90) days. A
licensee whose licensed has been expired for more than ninety (90) days shall not
cultivate, manufacture, distribute or sell medical marijuana until all necessary
licenses have been obtained.

Sec. 6-6-300. Inactive Licenses
The local licensing authority may, in its discretion, revoke or elect not to renew any
license if it determines that the licensed premises have been inactive, without good
cause, for at least one year.

Sec. 6-6-310. Duties of licensee.
It is the duty and obligation of each licensee to do the following:
(1) Comply with all of the terms and conditions of the license, and any
special conditions on the license imposed by the local licensing authority, pursuant to Section 6-6-220.
(2) Comply with all of the requirements of this Article;
(3) Comply with all other applicable Town ordinances;
(4) Comply with all state laws and administrative regulations pertaining to
the medical use of marijuana, including, but not limited to, Amendment 20; the
Colorado Medical Marijuana Code; Section 18-18-406.3, C.R.S.; and the
administrative regulations issued by the Colorado Department of Public Health and
Environment found at 5 CCR 1006-2, all as amended from time to time.
(5) Comply with all applicable federal laws, rules or regulations, other than a
federal law, rule or regulation concerning the possession, sale or distribution of
marijuana that conflicts with Amendment 20 or the Colorado Medical Marijuana Code; and
(6) Permit inspection of its records and operation by the local licensing
authority for the purpose of determining the licensee’s compliance with the terms and
conditions of the license.

Sec. 6-6-320. Posting of license.
A license shall be continuously posted in a conspicuous location at the
medical marijuana center, the optional premises cultivation operation facility, or the
medical marijuana-infused products manufacturing operation facility.

Sec. 6-6-330. Suspension or revocation of license.
(a) A license issued pursuant to this Article may be suspended, revoked,
fined or other sanction deemed necessary by the local licensing authority for the
following reasons:
(1) Fraud, misrepresentation, or a false statement of material fact
contained in the license application;
(2) A violation of any Town, state, or federal law or regulation,
other than a federal law or regulation concerning the possession, sale or
distribution of marijuana that conflicts with Amendment 20 or the Medical Marijuana Code;
(3) A violation of any of the terms and conditions of the license,
including any special conditions of approval imposed upon the license by the
local licensing authority pursuant to Section 6-6-220.
(4) A violation of any of the provisions of this Article;
(5) Operations have ceased at the medical marijuana center,
optional premises cultivation operation, or medical marijuana-infused
products manufacturing facility for more than ninety (90) days, including
during a change of ownership of the center; or
(6) Ownership of the medical marijuana center, optional
premises cultivation operation, or medical marijuana-infused products
manufacturing facility has been transferred without the new owner obtaining
a license pursuant to this Article.
(b) In connection with the suspension of a license, the local licensing
authority may impose reasonable conditions.
(c) The local licensing authority shall notify the licensee of the decision
to suspend or revoke the license within three (3) business days of rendering the
decision. Notice shall be given by mailing a copy of the local licensing authority’s
decision to the licensee by regular mail, postage prepaid, at the address shown in the
license. Notice is deemed to have been properly given upon mailing.
(d) No suspension or revocation shall be final until the licensee has been
given the opportunity for a hearing to address the suspension or revocation.
(1) The burden of proof in an appeal filed under this Section
shall be on the licensee.
(2) Any decision made by the Town Council shall be a final
decision and may be appealed to the district court, pursuant to Rule 106(a)(4)
of the Colorado Rules of Civil Procedure. The licensee’s failure to timely
appeal the decision is a waiver of the licensee’s right to contest the suspension
or revocation of the license.

Sec. 6-6-340. Limitation on the sale of marijuana.
No marijuana, medical marijuana infused-product or paraphernalia may be
sold, given away or transferred at a medical marijuana center, except to patients and
to primary caregivers.

Sec. 6-6-350. Prohibited Locations; Permanent Location Required.
Prior to the issuance of a license for a medical marijuana center, an optional
premises cultivation operation or a medical marijuana-infused products
manufacturing operation, the local licensing authority shall determine whether the
proposed location of the medical marijuana center, optional premises cultivation
operation or medical marijuana-infused products manufacturing operation complies
with the requirements of this Section and Chapter 16 of the Mountain View
Municipal Code. Failure to comply with the requirements of this Section shall preclude issuance of a license.
(a) No medical marijuana center, optional premises cultivation operation
or medical marijuana-infused products manufacturing operation shall be located
within 200 feet of any:
(1) Licensed day care facility;
(2) Educational facility or school, college or university, either public or private;
(3) Public park, public pool, or public or private recreational facility;
(4) Halfway house or correctional facility; or
(5) Drug or alcohol treatment facility.
(b) No medical marijuana center, optional premises cultivation operation
or medical marijuana-infused products manufacturing operation shall be located
within 500 feet of any other medical marijuana center, optional premises cultivation
operation or medical marijuana-infused products manufacturing operation.
(c) The distances described in subsections (a) and (b) shall be computed
by direct measurement from the nearest property line of the land used for the above
purposes to the nearest portion of the building housing the medical marijuana center
using a route of direct pedestrian access.
(d) Each medical marijuana center, optional premises cultivation
operation or medical marijuana-infused products manufacturing operation shall be
operated from a permanent location. No medical marijuana center, optional
premises cultivation operation or medical marijuana-infused products manufacturing
operation shall be licensed to operate from a moveable, mobile or transitory location.
(e) The suitability of a location for a medical marijuana center, an
optional premises cultivation operation or a medical marijuana-infused products
manufacturing operation shall be determined at the time of the issuance of the first
license for such center or operation. The fact that changes in the neighborhood that
occur after the issuance of the first license might render the site unsuitable for a
medical marijuana center, an optional premises cultivation operation or a medical
marijuana-infused products manufacturing operation under this Section shall not be
grounds to suspend, revoke or refuse to renew the license for such center or operation
so long as the license for the center or operation remains in effect.

Sec. 6-6-360. Hours of operation.
A medical marijuana center may open no earlier than 8:00 a.m. and shall
close no later than 7:00 p.m. the same day. A medical marijuana center may be open
seven (7) days a week.

Sec. 6-6-370. Signage.
All signage for a medical marijuana center, an optional premises cultivation
operation or a medical marijuana-infused products manufacturing operation shall
comply with the requirements of Article 8 of Chapter 16 of the Mountain View
Municipal Code. In addition, no licensee shall display a sign for the medical
marijuana center, an optional premises cultivation operation or a medical marijuanainfused
products manufacturing operation that contains the word “marijuana” or a
graphic/image of any portion of a marijuana plant.

Sec. 6-6-380. Required warnings to be posted.
There shall be posted in a conspicuous location in each medical marijuana
center a legible sign containing the following warnings:
(1) A warning that the diversion of marijuana for nonmedical
purposes is a violation of state law;
(2) A warning that the use of medical marijuana may impair a
person’s ability to drive a motor vehicle or operate machinery, and that it is
illegal under state law to drive a motor vehicle or to operate machinery when
under the influence of or impaired by marijuana;
(3) A warning that loitering in or around the medical marijuana
center is prohibited by state law; and
(4) A warning that possession and distribution of marijuana is a
violation of federal law.

Sec. 6-6-390. On-site consumption.
The use, consumption or inhalation of marijuana or medical marijuanainfused
products on or within the premises of a medical marijuana center, an optional
premises cultivation operation or a medical marijuana-infused products manufacturing operation is prohibited.

Sec. 6-6-400. Paraphernalia.
Devices, contrivances, instruments and paraphernalia for inhaling or
otherwise consuming marijuana, including, but not limited to, rolling papers and
related tools, pipes, water pipes, and vaporizers may lawfully be sold at a medical
marijuana center. Such items may be sold or provided only to patients or primary caregivers.

Sec. 6-6-410. On-site cultivation, growing and processing.
The growing, cultivation or processing of marijuana on or within the
premises of a medical marijuana center, optional premises cultivation operation
facility, or medical marijuana-infused products manufacturing facility is prohibited
unless the center or facility is equipped with a proper ventilation system that filters
out the odor of marijuana so that the odor is not capable of being detected by a person
with a normal sense of smell at the exterior of the center or facility or any adjoining
business, parcel or tract of real property.

Sec. 6-6-420. Alcohol.
The sale or consumption of an alcoholic beverage within a medical marijuana
center, an optional premises cultivation operation, or a medical marijuana-infused
products manufacturing facility is prohibited.

Sec. 6-6-430. Security requirements.
A licensee shall provide adequate security on the premises of a medical
marijuana center, an optional premises cultivation operation or a medical marijuanainfused
products manufacturing operation including, but not limited to, the following:
(1) Security surveillance cameras installed to monitor the main
entrance along with the interior and exterior of the premises to discourage
and to facilitate the reporting of criminal acts and nuisance activities
occurring at the premises. Security video shall be preserved for at least
seventy-two (72) hours by the licensee and be made available to law
enforcement officers upon demand;
(2) Robbery and burglary alarm systems which are
professionally monitored and maintained in good working conditions;
(3) A locking safe permanently affixed to the premises that is
suitable for storage of all of the saleable inventory of marijuana;
(4) Exterior windows (without shades) of sufficient size to
license observation of the inside of the premises by a law enforcement
officer standing outside of the premises; and
(5) Exterior lighting that illuminates the exterior walls of the business.

Sec. 6-6-440. Business license required.
At all times while a license is in effect the licensee shall possess a valid
license issued under Section 6-1-20 of this Code.

Sec. 6-6-450. Taxes.
Each licensee shall pay sales tax on all medical marijuana, medical
marijuana-infused products, paraphernalia and other tangible personal property sold
by the licensee at the medical marijuana center or by the medical marijuana-infused
products manufacturer.

Sec. 6-6-460. Penalties; injunctive relief.
(a) It is a misdemeanor offense for any person to violate any provision of
this Article. Any person convicted of having violated any provision of this Article
shall be punished as set forth in Section 1-6-20 of this Code.
(b) The operation of medical marijuana center, an optional premises
cultivation operation or a medical marijuana-infused products manufacturing
operation without a valid license issued pursuant to this Article may be enjoined by
the Town in an action brought in a court of competent jurisdiction.

Sec. 6-6-470. No waiver of governmental immunity.
In adopting this Article, the Town Council is relying on and does not waive
or intend to waive by any provision of this Article, the monetary limitations
(presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101, et seq., C.R.S., as from time to time amended, or any other
limitation, right, immunity, or protection otherwise available to the Town, its officers
or its employees.

Sec. 6-6-480. No Town liability.
By accepting a license issued pursuant to this Article, a licensee releases the
Town, its officers, elected officials, employees, attorneys and agents from any
liability for injuries, damages or liabilities of any kind that result from any arrest or
prosecution of center owners, operators, employees, clients or customers for a
violation of state or federal laws, rules or regulations. The local licensing authority
may require a licensee to execute a written instrument confirming the provisions of
this Section.

Sec. 6-6-490. Indemnification of Town.
By accepting a license issued pursuant to this Article a licensee, jointly and
severally if more than one, agrees to indemnify and defend the Town, its officers,
elected officials, employees, attorneys, agents, insurers, and self-insurance pool
against all liability, claims, and demands, on account of injury, loss, or damage,
including, without limitation, claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with the operation of
the medical marijuana center that is the subject of the license. The licensee further
agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims, or demands at its expense, and to bear all other
costs and expenses related thereto, including court costs and attorney fees. The local
licensing authority may require a licensee to execute a written instrument confirming
the provisions of this Section.

Sec. 6-6-500. Other laws remain applicable.
The provisions of this Article do not protect licensees, operators, employees,
customers and clients of a licensed medical marijuana center from prosecution
pursuant to any laws that may prohibit the cultivation, sale, use or possession of
controlled substances. In addition, as of the date of the adoption of this Article the
cultivation, sale, possession, distribution and use of marijuana remain violations of
federal and state law (except for conduct covered by Amendment 20), and this Article
affords no protection against prosecution under such federal and state laws.
Licensees, operators, employees, customers and clients of a licensed medical
marijuana center assume any and all risk and any and all liability arising or resulting
from the operation of the center under any state or federal law. Further, to the
greatest extent licensed by law, any actions taken under the provisions of this Article
by any public officer or officers, elected or appointed officials, employees, attorneys
and agents of the Town shall not become a personal liability of such person or of the
Town.

Sec. 6-6-510. Rules and regulations.
The local licensing authority shall have the authority from time to time to
adopt, amend, alter and repeal administrative rules and regulations as may be
necessary for the proper administration of this Article.