§ 14-602. Legislative intent and authority.

(a)

Section 16 of Article XVIII of the Colorado Constitution ("Amendment 64") authorizes a system of state licensing for businesses engaged in the cultivation, testing, manufacturing, and retail sale of marijuana (collectively "retail marijuana establishments"). Subsection 16(5)(f) of Article XVIII allows localities to prohibit state licensing of marijuana establishments and to regulate the time, place, and manner in which such establishments may operate and to limit the total number of such establishments.

(b)

The authority of the city to regulate retail marijuana establishments is further set forth in the Colorado Retail Marijuana Code, C.R.S. tit. 12, art. 43.4, and its rules (1CCR 212-2) and C.R.S. tit. 31, art. 23, pt. 3, (municipal zoning powers), C.R.S. § 31-15-103, and C.R.S. § 31-15-401, C.R.S., (municipal police powers), C.R.S. § 31-15-501, (municipal authority regulate businesses), Article XX of the Colorado Constitution, and the powers contained in the city's home rule charter.

(Ord. No. 17-01, § 2, 2-6-2017)