(1)(a) The state
licensing authority may issue a marijuana hospitality business license authorizing
the licensee to operate a licensed premises in which marijuana may be consumed
pursuant to this article 10, rules promulgated pursuant to this article 10, and the
provisions of the ordinance or resolution of the local jurisdiction in which the
licensee operates.
(b)Subject to provisions of this article 10 and the ordinance or resolution of
the local jurisdiction in which the licensee operates, a retail food business as
defined in section 25-4-1602 (14) that does not hold a license or permit issued
pursuant to article 3, 4, or 5 of this title 44 may apply for a license to operate a
marijuana hospitality business in an isolated portion of the premises of the retail
food business.
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(1) (a) The state
licensing authority may issue a marijuana hospitality business license authorizing
the licensee to operate a licensed premises in which marijuana may be consumed
pursuant to this article 10, rules promulgated pursuant to this article 10, and the
provisions of the ordinance or resolution of the local jurisdiction in which the
licensee operates.
(b) Subject to provisions of this article 10 and the ordinance or resolution of
the local jurisdiction in which the licensee operates, a retail food business as
defined in section 25-4-1602 (14) that does not hold a license or permit issued
pursuant to article 3, 4, or 5 of this title 44 may apply for a license to operate a
marijuana hospitality business in an isolated portion of the premises of the retail
food business. A retail food business operating a marijuana hospitality business
pursuant to this subsection (1)(b) is subject to the terms and conditions of article 4
of title 25 and the rules promulgated pursuant to that article, including but not
limited to licensure requirements and inspection and enforcement authority of the
Colorado department of public health and environment. This subsection (1)(b) does
not authorize the marijuana hospitality business to engage in the manufacture of
medical marijuana-infused products or retail marijuana products or to add
marijuana to foods produced or provided at the retail food business.
(c) If a municipality, county, city, or city and county has in effect as of
January 1, 2020, an ordinance or resolution related to consumption of marijuana,
nothing in this section restricts the enforcement of that ordinance or resolution, and
the local jurisdiction may, by ordinance or resolution, require a business operating
as a place for on-site marijuana consumption to be licensed pursuant to this
section.
(d) The state licensing authority shall maintain a list of all marijuana
hospitality businesses in the state and shall make the list available on its website.
(2) A marijuana hospitality business shall not:
(a) Engage in or permit the sale or exchange for remuneration of retail or
medical marijuana, retail marijuana products, or medical marijuana-infused
products in the licensed premises;
(b) Allow on-duty employees of the business to consume any marijuana in
the licensed premises of the business;
(c) Distribute or allow distribution of free samples of marijuana in the
licensed premises of the business;
(d) Allow the consumption of alcohol on the licensed premises;
(e) Allow the smoking of tobacco or tobacco products in the licensed
premises of the business;
(f) Allow the use of any device using any liquid petroleum gas, a butane
torch, a butane lighter, or matches in the licensed premises if prohibited by local
ordinance or resolution;
(g) Allow any activity that would require an additional license under this
article 10 in the licensed premises of the business, including but not limited to sales,
manufacturing, or cultivation;
(h) Knowingly permit any activity or acts of disorderly conduct as described
in section 18-9-106;
(i) Permit the use or consumption of marijuana by a patron who displays any
visible signs of intoxication;
(j) Permit rowdiness, undue noise, or other disturbances or activity offensive
to the average citizen or to the residents of the neighborhood in which the licensed
premises is located; or
(k) Admit into the licensed premises of the business any person who is under
twenty-one years of age.
(3) A marijuana hospitality business shall:
(a) Operate the business in a decent, orderly, and respectable manner;
(b) Require all employees of the business to have a valid responsible vendor
designation, as described in section 44-10-1201;
(c) Ensure that the display and consumption of any marijuana is not visible
from outside of the licensed premises of the business;
(d) Educate consumers of marijuana by providing informational materials
regarding the safe consumption of marijuana. The materials must be based on the
requirements established by the marijuana educational oversight committee,
established pursuant to section 24-20-112 (4), and on the relevant research from
the panel of health-care professionals appointed pursuant to section 25-1.5-110.
Nothing in this subsection (3)(d) prohibits a local jurisdiction from adopting
additional requirements for education on safe consumption.
(e) Maintain a record of all educational materials required by subsection
(3)(d) of this section in the licensed premises for inspection by state and local
licensing authorities and law enforcement; and
(f) If an emergency requires law enforcement, firefighters, emergency
medical service providers, or other public safety personnel to enter a marijuana
hospitality business, ensure that all employees and patrons of the business cease
all consumption and other activities until such personnel have completed their
investigation or services and have left the licensed premises.
(4) A marijuana hospitality business and its employees may remove an
individual from the business for any reason, including a patron who displays any
visible signs of intoxication.