Initiative 300 Rules and Regulations Public Hearing Excise and - PowerPoint PPT Presentation

Initiative 300 Rules and Regulations Public Hearing Excise and Licenses/ Office of Marijuana Policy June 13, 2017 1

Summary of I-300 What? t? • – Purpose is to allow persons in the city to obtain a cannabis consumption permit to operate a desig signat ated ed consum sumptio ion area ea (DCA CA) at any type of busines iness or even ent. t. • Wher ere? e? – May be a year-long permit or a temporary permit for indoors or outdoors. – Does not require additional zoning permits, but shall be permitted where the underlying business or event is permitted. – Unlike other MJ establishments, the only proximity restriction is 1,000 feet from schools. • When? – Allowed to operate between 7 a.m. and 2 a.m. – A permit shall be valid for one year from the date of issuance or such shorter or non-consecutive times. • How? w? – “Bring your own cannabis” – Application shall contain evidence of community support or “non - opposition.” – Outdoor smoking occurring at ground level cannot be visible – Must provide proof of possession, a criminal background check, a responsible operations plan, among other things. • How w much? h? – Permit and application fees shall be set by City Council. – Until City Council sets a different fee, the annual fee shall be $1,000 and the application fee shall be $1,000. 2

Background • In November mber 2016 Denver er voter ers s approved ed Initi tiativ ative e 300, , granti nting ng ind ndivid ividuals uals the abi bility lity to apply y for a permit mit to operat rate e a designat ignated ed consum umpti ption on area a at any type e of business iness or event. t. • Adoption tion of rul ules es and nd regulations ulations is the responsib ponsibility ility of EXL per a public ic hearing ring process ess allowing ing for review w and comment. ment. • In n De Decembe mber r 2016 E EXL L provided ided an up n updat ate e to City ty Coun uncil cil – CAO addressed ssed legal issues – EXL/O L/OMP MP provi vided d an aggre ressi ssive e timeline ne for r implementa tati tion on 3

Advisory Committee Members Co-Chair: Ashley Kilroy (Executive Director, Denver of Excise & Licenses) • • Co-Chair: Molly Duplechian (Denver Office of Marijuana Policy) • Kendra Black (Denver City Council) • Mary Beth Susman (Denver City Council) • Deputy Chief David Quinones (Denver Police Department) Marley Bordovsky (Denver City Attorney’s Office) • • Jude Del Hierro (Community Representative) • Sam Kamin (Professor, Denver University Sturm College of Law) • Kristi Kelly (Marijuana Industry Group) • Dan Landes (Business representative) Fran Lanzer (Mothers Against Drunk Driving) • • Aubrey Lavizzo (Community representative) • Amber Leytem (Denver Public Schools) • Amie Mayhew (Colorado Hotel and Lodging Association) • Karin McGowin (Colorado Department of Public Health and Environment) Maureen McNamara (Cannabis Trainers) • • Rachel O’Bryan (Protect Denver’s Atmosphere) • Jordon Person (Denver NORML) • Emmett Reistroffer (Denver Relief Consulting/Yes on 300) • Sonia Riggs (Colorado Restaurant Association) Margie Valdez (Inter-Neighborhood Cooperation) • • Kobi Waldfogel (Event planning representative) 4

Advisory Committee Meetings 5

Balance Legal Issues • The EXL rules shall not “frustrate the intent” of the ordinance ** Balanced d wit ith ** • State and local law prohib hibit it open and public ic consumption ption of MJ • State prohibits ibits consum umpti ption n of MJ o on liquor or-lic license nsed d premise ises • Colorado do Clean n Indoor or Act ➢ Prohibi bits ts smoking ng indoor ors ➢ Doesn’t prohibit vaping or edibles ➢ Doesn’t apply if less than 3 employees (includes volunteers) • Federal al Guidance ance – strict ct rules and robust t enforceme ment nt 6

Policy Area: STATE PROHIBITION ON OPEN AND PUBLIC Ordina nance nce Rule Justi tifica icatio tion SCAC ❖ Unlawful to consume ❖ “Public Place” shall mean a place ❖ Currently there are ❖ SCAC evaluated cannabis openly and to which the public or a substantial state and local laws options for publicly with “openly” number of the public have access that prohibit open and restrictions to access meanin ing occurring or withou out restri trict ction ion. public consumption. on a spectrum with existing in a manner that is Restrictions to access purely private clubs unconcealed, undisguised, ❖ A Cannabis Consumption Permit are needed in order to being on one end and or obvious, but shall l not ot shall only be issued for a comply with those locations with just inclu lude de the consu sump mption ion designated consumption area definitions. limited access to 21+ of marij ijuana na occurring ing (DCA) that: on the other end of within in a permitt itted ed DCA . • Is restricted to ages 21 years and ❖ The acknowledgement the spectrum. older upon entry could ❖ Permit holder shall ensure • Is not visible to the public from a include things such as ❖ SCAC outside smoking of public place agreeing to be recommendation for a cannabis occurring at • Has constant monitoring at the responsible for their separate entrance for street level is not ot visib ible le entrance for 21+ own actions, following the DCA’s not from a publi lic- right ht-of of-way • Requires patrons to sign an the law, consuming included. or a place e where e ch childr ldren en acknowledgement upon entry responsibly, not driving congregat ate impaired and not selling ❖ Recommendation to cannabis. restrict DCA to members only not included. 7

Policy Area: STATE PROHIBITION ON DUAL CONSUMPTION Ordina nance nce Proposed sed Rules es Justi tifica icatio tion SCAC ❖ Evidence of community ❖ Unlawful to permit the ❖ Per current DOR Colorado Liquor ❖ Many SCAC members support may include consumption of alcohol within Rules, marijuana consumption felt dual consumption additional operational a DCA. cannot occur on a liquor-licensed was a safety issue requirements such as premise. and should be guidel delin ines es fo for pro rohib ibit ition ion ❖ Business and Special Event prohibited (all of consum umption ion of both oth Permits cannot be located at ❖ The effects of dual consumption are community alcoh ohol ol and marij rijua uana na , the same business or event not fully known but some research representatives, addressing concerns where a liquor license exists, indicates that combining alcohol CDPHE about driving under the unless the liquor is not being and marijuana is likely to result in representative, influence, a plan to train served while the DCA is greater impairment than either one NORML managers and operating. alone. representative, DPD, employees, etc. MADD representative, ❖ A Special Event Permit cannot ❖ CDPHE cautions against the use of DPS representative, be issued for a special event multiple substances: “ Using alcohol Colorado Restaurant with a Special Event Liquor and marijuana at the same time is Association). Permit. more dangerous than using either alone and increases the risk of a car crash.” ❖ Rules still allow for modification of a liquor license but would not allow for liquor to be served while the DCA is operating on the same premise. 8

Policy Area: NEIGHBORHOOD SUPPORT Ordina nance nce Rule Justi tifica icatio tion SCAC member mbers ❖ Application shall contain Public Hearing ❖ Public hearings will provide ❖ There was strong evidence of community ❖ Business Permits will have a the community an support from the support public hearing scheduled upon opportunity for input and to committee for - The director may create receipt of the application. address conflicting community input methods of obtaining ❖ Special Event Permits will have a neighborhood organizations through the hearings community support in public hearing scheduled upon providing community support. process, although addition to those outlined. receipt of 10 signatures from some SCAC members - Requirements included in interested parties. ❖ This language is utilized to be advocated for evidence of community consistent with other public discretionary rather support may be hearings conducted by Excise than automatic incorporated as conditions and Licenses. ( See DRMC hearings, of the permit Section 6-212 for Retail ❖ Application shall include a Marijuana Stores and DRMC community engagement Section 6-64 for Special plan Event Liquor Permits ). ❖ DCA must be clearly marked ❖ Require businesses to have a ❖ Provides potential customers ❖ SCAC was supportive with conspicuous signage standard sign/placard (to be and the public with of this concept. including the statement “No developed) awareness of the DCA. entry under 21” 9