§ 44-10-311 — Restrictions for applications for new licenses

Colorado § 44-10-311

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Regulated Marijuana

Text

(1) The state or a
local licensing authority shall not receive or act upon an application for the
issuance of a state or local medical marijuana business license pursuant to this
article 10:

(a) If the application for a state or local license concerns a particular location
that is the same as or within one thousand feet of a location for which, within the
two years immediately preceding the date of the application, the state or a local
licensing authority denied an application for the same class of license due to the
nature of the use or other concern related to the location;

(b) Until it is established that the applicant is, or will be, entitled to
possession of the premises for which application is made under a lease, rental
agreement, or other arrangement for possession of the premises or by virtue of
ownership of the premises;

(c) 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;

(d) (I) If the building in which medical marijuana is to be sold is located within
one thousand feet of a school; an alcohol or drug treatment facility; the principal
campus of a college, university, or seminary; or a residential child care facility. The
provisions of this section do not affect the renewal or reissuance of a license once
granted or apply to licensed premises located or to be located on land owned by a
municipality, nor do the provisions of this section apply to an existing licensed
premises on land owned by the state or apply to a license in effect and actively
doing business before said principal campus was constructed. The local licensing
authority of a city and county, by rule or regulation; the governing body of a
municipality, by ordinance; and the governing body of a county, by resolution, may
vary the distance restrictions imposed by this subsection (1)(d)(I) for a license or
may eliminate one or more types of schools, campuses, or facilities from the
application of a distance restriction established by or pursuant to this subsection
(1)(d)(I).

(II) The distances referred to in this subsection (1)(d) are to be computed by
direct measurement from the nearest property line of the land used for a school or
campus to the nearest portion of the building in which medical marijuana is to be
sold, using a route of direct pedestrian access.

(III) In addition to the requirements of section 44-10-304 (2), the local
licensing authority shall consider the evidence and make a specific finding of fact
as to whether the building in which the medical marijuana is to be sold is located
within any distance restrictions established by or pursuant to this subsection (1)(d).

(2) The state licensing authority shall not approve an application for the
issuance of a state retail marijuana business license pursuant to this article 10 until
it is established that the applicant is, or will be, entitled to possession of the
premises for which application is made under a lease, rental agreement, or other
arrangement for possession of the premises or by virtue of ownership of the
premises.

Legislative History

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2872, � 5, effective January 1, 2020.