§ 53-41. Intent, findings of fact, applicability, and authority.

(a)

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

(1)

The Colorado Retail Marijuana Code, C.R.S. § 12-43.4-101 et seq., clarifies Colorado law regarding the scope and extent of Article XVIII, § 16 of the Colorado Constitution;

(2)

Article XVIII, § 16 of the Colorado Constitution specifically authorizes a municipality to "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance…;"

(3)

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

(4)

Based upon careful consideration of the secondary effects and impacts and potential secondary effects and impacts of non-medical marijuana businesses and private marijuana clubs, such uses have an adverse effect on the health, safety, and welfare of the city and its inhabitants, and this article is necessary to protect and is enacted in furtherance of the public health, safety, and welfare of the city and its inhabitants.

(b)

This article III 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 III pursuant to:

(1)

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

(2)

Article XVIII, § 16 of the Colorado Constitution;

(3)

The Colorado Retail Marijuana Code, C.R.S. § 12-43.4-101 et seq.;

(4)

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

(5)

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

(6)

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

(7)

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

( Ord. No. 4436, § 5(Att. B), 3-17-2014 )