Sec. 6-302. Definitions.
The definitions set forth in subsections 14(1) and 16(2) of article XVIII of the Colorado Constitution, as well as the definitions in the Colorado Medical Marijuana Code, the Department of Revenue Marijuana Enforcement Division Medical Marijuana Rules, 1 CCR 212-1, M 103, the Colorado Retail Marijuana Code, and the Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, 1 CCR 212-2, R 103, as amended, shall apply equally to this article except where specifically defined below:
Applicant means any person who has submitted an application for a license or renewal of license, pursuant to this article, that was accepted by the local licensing authority for review but has not been approved or denied by the local licensing authority and/or the state licensing authority.
Centralized distribution permit is a permit issued by the state licensing authority to a licensed retail marijuana cultivation facility authorizing the temporary storage of retail marijuana concentrate and retail marijuana products on the retail marijuana cultivation facility's licensed premises for the sole purpose of transfer to the permit holder's commonly owned retail marijuana stores.
City or the City means the City of Aurora, Colorado.
Colorado Medical Marijuana Code means C.R.S. tit. 44, art. 11, as amended.
Colorado Retail Marijuana Code means C.R.S. tit. 44, art, 12, as amended.
Finance director means the finance director or the director of finance of the city or his or her designee.
Good cause for purposes of approving, refusing or denying the issuance or renewal of a license means:
(1) The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the City Code, any rule and regulation adopted pursuant thereto, or any supplemental relevant state or local law, rule or regulation related to the cultivation, processing, manufacture, storage, sale, distribution, transportation, testing, research, or consumption of any form of marijuana;
(2) The licensee or applicant has failed to comply with any special term or condition placed on the license by order of the state licensing authority or the local licensing authority;
(3) Evidence the licensee's licensed premises have been operated in a manner that adversely affects the public health, safety or the general welfare of the city or the immediate neighborhood where the establishment is located, which evidence may include a continuing pattern of violations of the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the City Code or terms and conditions of a license issued pursuant to this article, a continuing pattern of unlawful or violent activity occurring in the location and in association with the operation of the business; or
(4) Evidence the applicant or licensee, or any officer, director, owner, manager, agent or employee of the licensee is not of good moral character.
Good moral character means an individual who has a personal history demonstrating honesty, fairness, and respect for the rights of others and for conformance to the law which may include considerations of whether an individual has:
(1) Ever had a professional license denied, suspended, or revoked;
(2) Ever had a business license denied, suspended, or revoked;
(3) Ever surrendered, been denied, or had any type of marijuana related business license placed on an administrative hold, suspended or revoked;
(4) Ever been denied any type of marijuana related business license;
(5) Ever had a business temporarily or permanently closed for failure to comply with any tax, health, building, fire, zoning or safety law;
(6) Ever had an administrative, civil or criminal finding of delinquency for failure to file or failure to pay sales or use taxes or any other taxes;
(7) Ever been convicted of a crime of moral turpitude; or
(8) Been convicted of a felony in the three years immediately preceding his or her application date or who is currently subject to a sentence for a felony conviction.
Hospital means an institution which has been licensed, certified, or approved by the Colorado Department of Public Health and Environment as a hospital, and includes hospitals in Colorado operated by the federal government.
In-charge employee means the individual designated by the owner of the marijuana establishment as the person responsible for all operations of the business in the absence of the owner from the licensed premises. In-charge employees shall have access to lock and unlock doors, lock and unlock safes, arm and disarm the alarm, have access to the video surveillance equipment and who can operate and access past footage and produce still color photos from the on-site, as well as the off-site video surveillance equipment upon request.
License means to grant a revocable privilege to lawfully operate in the city a marijuana related business activity authorized pursuant to the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code and this article.
Licensed premises means the premises specified in an application for a license or permit authorized pursuant to the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, and this article, which are owned or in the possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, research, sell, store, transport, or test marijuana, marijuana products, and marijuana concentrates in accordance with all applicable laws.
Licensee means any person licensed or granted a permit pursuant to the Colorado Medical Marijuana Code, or the Colorado Retail Marijuana Code, and this article.
Liquid assets means assets that can be readily converted into cash, and includes assets that will be placed directly into the retail marijuana store. Liquid assets include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, United States savings bonds, furniture and equipment, packaged marijuana, and related products and inventory to be transferred to the retail marijuana store. "Liquid assets" does not mean household items, vehicles, marijuana plants, and real property and improvements thereto.
Local licensing authority means the manager of the Aurora Marijuana Enforcement Division of the City, or his or her designee.
Marijuana means "medical marijuana" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or "retail marijuana" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana concentrate means "medical marijuana concentrate" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or "retail marijuana concentrate" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana cultivation facility means an "optional premises cultivation operation" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or a "retail marijuana cultivation facility" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana establishment means a medical marijuana-infused product manufacturer, an optional premises cultivation operation, a marijuana testing facility, a medical marijuana transporter, as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), a marijuana research and development licensee or a marijuana research and development cultivation licensee as used in C.R.S. § 44-11-408 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), a "retail marijuana establishment" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2), or the licensed premises for a state issued centralized distribution permit holder as used in C.R.S. § 44-12-403 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana operator means a "medical marijuana business operator" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or a "retail marijuana business operator" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana product means "medical marijuana-infused product" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or "retail marijuana product" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana product manufacturer means a "medical marijuana-infused products manufacturer" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or a "retail marijuana products manufacturer" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana testing facility means a "medical marijuana testing facility" as defined in Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or a "retail marijuana testing facility" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Marijuana transporter means a "medical marijuana transporter" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1), or a "retail marijuana transporter" as defined in C.R.S. § 44-12-103 and Colorado Department of Revenue Marijuana Enforcement Division Retail Marijuana Rules, (1 CCR 212-2).
Medical marijuana center has the same meaning as "medical marijuana center" as defined in C.R.S. § 44-11-104 and Colorado Department of Revenue Medical Marijuana Enforcement Division Medical Marijuana Rules, (1 CCR 212-1).
Operating fees means fees that may be charged by the city for costs including but not limited to inspection, administration, and enforcement of marijuana establishments authorized pursuant to subsection 16(5)(f) of article XVIII of the Colorado Constitution, the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the City Code and any of the rules and regulations adopted pursuant thereto.
Owner means the person or persons whose beneficial interest in a local marijuana establishment license that bears a risk of loss other than as an insurer, has an opportunity to gain profit from the operation or sale of the establishment, and has a controlling interest in a marijuana establishment license and includes any other person that qualifies as an owner pursuant to 1 CCR 212-1, Rules M 103 and M 204 and 1 CCR 212-2, Rules R 103 and R 204.
Substance abuse treatment center means any facility providing care to patients as set forth in 2 CCR 502-21:210.54—59.
Ward means one of the sections into which the city is divided for the purposes of a council election as designated pursuant to the requirements of section 54-5 of this Code. (Ord. No. 2020-65, § 1, 12-21-2020; Ord. No. 2019-32, § 3, 7-15-2019; Ord. No. 2017-28, § 2, 8-7-2017; Ord. No. 2016-15, § 1, 6-20-2016; Ord. No. 2014-14, § 2, 5-12-2014)