§ 53-21. Intent, findings of fact, applicability, and authority.

(a)

It is the intent of this article II to prohibit certain land uses related to medical marijuana within the city and, in furtherance of its intent, the city council makes the following findings:

(1)

The Colorado Medical Marijuana Code, C.R.S. § 12-43.3-101 et seq., clarifies Colorado law regarding the scope and extent of Article XVIII, § 14 of the Colorado Constitution;

(2)

The Colorado Medical Marijuana Code specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses;"

(3)

The Colorado Medical Marijuana Code specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses … based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana that are more restrictive than this article;"

(4)

The Colorado Medical Marijuana Code specifically provides that the state and local licensing authorities shall not receive or act upon a new application pursuant to the Colorado Medical Marijuana Code "for a location in an area where the cultivation, manufacture, and sale of medical marijuana as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county;"

(5)

The City of Arvada is a home-rule municipality and the city council is empowered, independent of the Colorado Medical Marijuana Code, to adopt such ordinances as are necessary and convenient to protect the health, safety, and welfare of the city and its inhabitants;

(6)

Based upon careful consideration of the secondary effects and impacts and potential secondary effects and impacts of medical marijuana businesses, including medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturing, such uses have an adverse effect on the health, safety, and welfare of the city and its inhabitants, and this chapter is necessary to protect and is enacted in furtherance of the public health, safety, and welfare of the city and its inhabitants; and

(7)

Medical marijuana patients in the City of Arvada will retain reasonable access to medical marijuana through primary caregivers who are not affected by the prohibition on medical marijuana businesses specified in this article II.

(b)

This article II shall apply to all property and persons situated within the municipal boundaries of the city, as such are now or in the future defined, and all businesses and business enterprises operating within the city.

(c)

The city council has the power and authority to adopt this article II pursuant to:

(1)

The Arvada Charter and the authority granted to home rule municipalities by Article XX of the Colorado Constitution;

(2)

The Colorado Medical Marijuana Code, C.R.S. § 12-43.3-101 et seq.;

(3)

The Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101 et seq.;

(4)

C.R.S. § 31-23-101 et seq. (concerning municipal zoning powers);

(5)

C.R.S. § 31-15-103 and 31-15-401 (concerning municipal police powers); and

(6)

C.R.S. § 31-15-501 (concerning municipal power to regulate businesses).

( Ord. No. 4393, § 7(Att. A), 7-1-2013 )