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Public Notices 6/27/13

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-017

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On April 25, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Debra S. Ring

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp.

Current Holder of Evidence of Debt Bank of America, N.A.

Date of Deed of Trust November 16, 2007

County of Recording Archuleta

Recording Date of Deed of Trust November 16, 2007

Recording Information (Reception Number) 20710616

Original Principal Amount $94,024.00

Outstanding Principal Balance $92,347.60

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

LOT 222, PAGOSA VISTA, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1971, AS RECEPTION NO. 74884, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 107 Surrey Drive, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 08/22/2013, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 6/27/2013

Last Publication 7/25/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 04/25/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Deanne R. Stodden #33214

The Castle Law Group, LLC 999 18TH ST., #2201, DENVER, CO 80202 (303) 865-1400

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 10-19421R

©Public Trustees’ Association of Colorado Revised 9/2012

Published June 27, July 4, 11, 18 and 25, 2013 in The Pagosa Springs SUN.

________________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-019

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On April 25, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Ryan Nielsen Hall

Original Beneficiary(ies) Archuleta Mesa Ranch, LLC

Current Holder of Evidence of Debt Archuleta Mesa Ranch, LLC

Date of Deed of Trust June 08, 2006

County of Recording Archuleta

Recording Date of Deed of Trust June 12, 2006

Recording Information (Reception Number) 20605576

Original Principal Amount $187,200.00

Outstanding Principal Balance $182,814.12

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

Tract 28, Cool Springs Ranch, Phase Two, according to the map thereof filed December 20, 2000, as Reception No. 20012133, in the office of the Clerk and Recorder, Archuleta County, Colorado, together with all its appurtenances.

Also known by street and number as: 552A Cold Spring Court, Pagosa Springs, CO 81301.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 08/22/2013, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 6/27/2013

Last Publication 7/25/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 04/25/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

David W. Hall, Esq. #38235

Newbold Chapman Geyer & Hall PC Attorneys at Law, 150 East Ninth Street, Suite 400, Durango, CO 81302-2790 (970) 247-3091

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 7880.6

©Public Trustees’ Association of Colorado Revised 9/2012

Published June 27, July 4, 11, 18 and 25, 2013 in The Pagosa Springs SUN.

___________________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-021

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On April 25, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Michael A. Blum and Brenda F. Blum

Original Beneficiary(ies) Wells Fargo Bank, N.A.

Current Holder of Evidence of Debt Wells Fargo Bank, N.A.

Date of Deed of Trust November 30, 2010

County of Recording Archuleta

Recording Date of Deed of Trust December 06, 2010

Recording Information (Reception Number) 21008661

Original Principal Amount $376,845.00

Outstanding Principal Balance $364,135.89

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

LOT 7 IN CONTINENTAL ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JUNE 29, 1979 AS RECEPTION NO. 95548, COUNTY OF ARCHULETA, STATE OF COLORADO.

Also known by street and number as: 146 Easy St, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 08/22/2013, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 6/27/2013

Last Publication 7/25/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 04/25/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Deanne R. Stodden #33214

The Castle Law Group, LLC 999 18TH ST., #2201, DENVER, CO 80202 (303) 865-1400

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 13-02999

©Public Trustees’ Association of Colorado Revised 9/2012

Published June 27, July 4, 11, 18 and 25, 2013 in The Pagosa Springs SUN.

_________________________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-020

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On April 25, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Kathryn Irene Heilhecker and Joe Keith Heilhecker a/k/a Joe K. Heilhecker

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Colorado

Current Holder of Evidence of Debt SunTrust Mortgage, Inc.

Date of Deed of Trust June 22, 2007

County of Recording Archuleta

Recording Date of Deed of Trust June 27, 2007

Recording Information (Reception Number) 20705674

Original Principal Amount $315,000.00

Outstanding Principal Balance $318,342.81

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows:  failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

Lot lOX of Block 10 in PAGOSA IN THE PINES, according to the plat thereof filed for record March 13, 1970 as Reception No. 73014 and more particularly described as follows to-wit; 

BEGINNING at the Southwest corner of said lot 10, which corner is identical with the Southwest corner of the tract herein described; 

Thence North 13° 46’ 50” East, 125.79 feet along the Westerly line of said Lot 10 to the Northwest corner thereof, which corner is identical with the Northwest corner of the tract herein described; 

along the Northerly lines of Lots 10 and 11, 110.17 feet on the arc of a curve to the lefi, having a radius of 892.49 feet, the long chord of which curve bears South 79° 06’ 51” East, 110.10 feet to a point on the Northerly line of said lot 11, which point is identical with the Northeast corner of the tract herein described; 

South 7° 51’ 49” West, 126.13 feet to a point on the Southerly line of said Lot 11, which point is the Southeast corner of the tract herein described; 

North 78° 56’ 51” West, 15.02 feet along the Southerly line of said Lot 11 to the Southwest corner thereof, which corner is identical with the Southeast corner of said Lot 10; 

North 78° 57’ 58” West, 108.08 feet along the Southerly line of said Lot 10 to the point of beginning.

Also known by street and number as: 78 West Golf Place, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 08/22/2013, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 6/27/2013

Last Publication 7/25/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 04/25/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Deanne R. Stodden #33214

The Castle Law Group, LLC 999 18TH ST., #2201,  DENVER, CO 80202 (303) 865-1400

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 13-02915

©Public Trustees’ Association of Colorado Revised 9/2012

Published June 27, July 4, 11, 18 and 25, 2013 in The Pagosa Springs SUN.

__________________________

REQUEST FOR PROPOSALS: for a “Management Agent” for the Casa de los Arcos Housing Project. The Archuleta County Housing Authority, (Housing Authority) invites qualified professional vendors (Respondent) to submit proposals to become the new Management Agent for the Casa De Los Arcos Housing project (CASA).

The Housing Authority was created in 1978 pursuant to C.R.S. 29-4-504, being organized to provide housing assistance projects to low income elderly and disabled individuals. The powers of the Housing Authority are vested in its Board of Directors, which includes one County Commissioner to represent the Archuleta County Government (distinct from the Housing Authority). Currently, the only housing project of the Housing Authority is “Casa De Los Arcos”, a 16-unit housing facility for low income elderly and/or disabled individuals.

* Leasing and Occupancy

* Tenant and Management Relations

* Maintenance and Security

* Financial Management

* General Management

The required services are detailed in the Scope of Work section of the RFP. To obtain a full copy of the RFP, which includes the full set of requirements, contact Larry Walton at (970) 264-8555 or lwalton@archuletacounty.org. Or you may download a copy from the County Website at www.archuletacounty.org, under the “Bids & Proposals” link. In order to be considered for selection, Respondents must submit a complete response to this RFP. One (1) unbound original and two (2) bound copies of the proposal must be submitted to the address below by no later than July 11, 2013 at 2:00 PM. Proposals must be submitted in a sealed box or envelope marked; FOR CASA MANAGEMENT AGENT. Late submittals will not be accepted and will be mailed back to the Respondent unopened. Faxed, emailed and regular mail proposals will NOT be accepted. Proposals must be hand delivered by the Respondent, or delivered by a well-known, commercial delivery service such as UPS or Fed-Ex, to the following location:

Larry Walton

Contracts and Procurement Officer

449 San Juan Street

Pagosa Springs, CO 81147

Published June 27 and July 4, 2013 in The Pagosa Springs SUN.

_____________________

NOTICE OF PUBLIC SALE TO ENFORCE 

SELF-SERVICE FACILITY LEIN

Pursuant to C.R.S. 38-21.5-101 et seq.

DATE OF NOTICE : First Week June 27, 2013

Second Week July 4, 2013

Description of Property : That “personal property” stored in Airport Self Storage, 201 County Road 600, Pagosa Springs, CO 81147 in:

Unit B20 (Webster, Ruby, 117 Navajo Drive Ste. H, Pagosa Springs, CO 81146) household goods.

Unit E01 (Torrez, Kevin, 171 Fireside, Pagosa Springs, CO 81147) household goods.

Unit E33 (Fraser, William, 284 Talisman Drive #284, Pagosa Springs, CO 81147) household goods.

DATE OF SALE: Saturday, July 13, 2013

TIME OF SALE: 8:00 am

TERMS OF SALE: CASH, RESERVED

PLACE OF SALE: Airport Self Storage, 201 County Road 600, Pagosa Springs, CO 81147

NAME OF FORECLOSING PARTY: Airport Self Storage

ADDRESS OF FORECLOSING PARTY: 201 County Road 600, Pagosa Springs, CO 81147

This sale is held to enforce the rights of Airport Self Storage under a rental agreement.

Executed by: Kristie Baisdon , Resident Manager

Dated: June 20, 2013

Published June 27 and July 4, 2013 in The Pagosa Springs SUN.

________________________

NOTICE OF FINAL SETTLEMENT 

PROJECT #NH 1602-136 

PROJECT ID #18900

In accordance with the notice provisions contained in 38-26-107 C.R.S. 1973 as amended, the DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO has established July 19, 2013_ as the date of final settlement date with Intermountain Slurry Seal, Inc. for Project #NH 1602-136, Project ID #18900, in Archuleta County. Work consists of chip sealing of US160 and signing and striping.

Claims containing a verified statement of the amounts due and unpaid must be in the form of a written affidavit and must be received by the CONTROLLER, Department of Transportation at 4201 E. Arkansas Avenue, Denver, Colorado, 80222, on or before 5:00 p.m. of the final settlement date above.

Timothy J. Harris, P.E., Chief Engineer, Department of Transportation

Effective July 1, 2013, Colorado Department of Transportation will no longer advertise Notice of Final Settlements in newspapers and will only post Notice of Final Settlement advertisements on CDOT’s website (http://www.coloradodot.info/business).

Published June 27 and July 4, 2013 in The Pagosa Springs SUN.

_________________________

NOTICE TO CREDITORS

Estate of Edward V. Germ (Deceased)

No. 2013 PR 30002

All persons having claims against the above-named estate are required to present them to the undersigned or to the District Court of Archuleta County, Colorado, on or before October 27, 2013, or said claims may be forever barred.

Linda Lee Valle

Personal Representative

810 North Main

Yuma, CO  80759

Published June 27, July 4 and 11, 2013 in The Pagosa Springs SUN.

__________________________

ORDINANCE NO. 11-2013

AN ORDINANCE ENABLING THE OPERATION OF CERTAIN MEDICAL MARIJUANA OPERATIONS PURSUANT TO AND CONSISTENT WITH ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION, AND DECLARING AN EFFECTIVE DATE

WHEREAS, the voters of Colorado approved Amendment 20 at the 2000 general election, which was subsequently codified as Section 14 of Article XVIII of the Colorado Constitution, and which authorizes the Medical use of marijuana by persons in Colorado suffering from debilitating medical conditions; and

WHEREAS, as a result of recent modifications to Federal law enforcement policy concerning the prosecution of Federal marijuana violations in States which have legitimized the use of marijuana for medical purposes, Medical marijuana centers have increased within the State of Colorado, as well as other states that have adopted constitutional provisions authorizing the medical use of marijuana; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY:

Section 1. That Resolution No. 2010-38 of the Board of County Commissioners of Archuleta County should be, and the same is, hereby repealed in its entirety.

Section 2. Legislative intent and purpose.

(a) Legislative Intent: The Board of County Commissioners by this Ordinance intends to regulate the use, acquisition, production and distribution of Medical marijuana in a manner consistent with Article XVIII, Section 14 of the Colorado Constitution (the “Medical Marijuana Amendment”).

(1) The Medical Marijuana Amendment to the Colorado Constitution does not provide a legal manner for patients to obtain Medical marijuana unless the patient grows the marijuana or the marijuana is grown by the patient’s primary caregiver.

(2) House Bill 10-1284, signed by the Governor on June 7, 2010, enacts Article 43.3 of Title 12, Colorado Revised Statutes, (the “Colorado Medical Marijuana Code”) which imposes statewide regulations pertaining to the use, acquisition, production, sale and distribution of Medical marijuana and marijuana-infused products within the State of Colorado.

(3) Nothing within this section is intended to promote or condone the production, use, sale or distribution of Medical marijuana other than in compliance with applicable state law.

(b) Purpose: The purpose of this Ordinance is to implement the Medical Marijuana Amendment in a manner consistent with Article 43.3 of Title 12, Colorado Revised Statutes, to protect the public health, safety and welfare of the residents and patients of the County by prescribing the manner in which Medical marijuana businesses may be conducted within the County. Further, the purpose of this section is to:

(1) Provide for the safe sale and distribution of marijuana to patients who qualify to obtain, possess and use marijuana for Medical purposes under the Medical Marijuana Amendment.

(2) Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and water quality, neighborhood and patient safety, security for businesses and their personnel, and other health and safety concerns.

(3) Promote high quality neighborhoods by limiting the concentration of anyone type of business in specific areas.

(4) Impose fees to cover the cost to Archuleta County of licensing Medical marijuana businesses.

(5) Adopt a mechanism for monitoring compliance with the provisions of this Ordinance.

(6) Create regulations that address the particular needs of patients and residents of the County and coordinate with laws enacted by the State that pertain to the issue.

(7) Facilitate the implementation of the Medical Marijuana Amendment without exceeding the authority granted by such Amendment.

Section 3. Definitions.

The following words and phrases used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise:

(a) “Business manager” means the individual designated by the owner of the Medical marijuana business and registered with the County as the person responsible for all operations of the business during the owner’s absence from the business premises.

(b) “church” means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings are uses, is maintained and controlled by a religious body organized to sustain public worship.

(c) “Good cause” shall have the same meaning as set forth in C.R.S. §12-43.3-104(1).

(d) “Licensed premises” means the premises specified in an application for a license under this Ordinance 11-2013, which is owned or in possession of the licensee, and within which the licensee is authorized to manufacture, distribute or sell Medical marijuana in accordance with the provisions of the Division.

(e) “Licensee” shall have the same meaning as set forth in C.R.S. § 12-43.3-104(4).

(f) “Local licensing authority” shall mean an authority established and appointed by the Board of County Commissioners to approve the issuance of licenses pursuant to this Ordinance, and to administer other provisions set forth herein in the event no such authority is established the Board of County Commissioners shall serve as the Local Licensing Authority.

(g) “Medical marijuana” shall have the same meaning as set forth in C.R.S. §12-43.3-104(7).

(h) “Medical marijuana business” shall mean a person holding a Medical marijuana center license, as defined in C.RS. § 12-43.3-402, a Medical marijuana-infused products manufacturing license, as defined in C.R.S. §12-43.3-404, and optional premises cultivation license, as defined in C.R.S. §12-43.3-403, any patient that cultivates, produces, sells, distributes, possesses, transports, or makes available marijuana in any form to another patient or to a primary caregiver for Medical use, or a primary caregiver that cultivates, produces, sells, distributes, possesses, transports, or makes available marijuana in any form to more than one patient. The term “Medical marijuana business” shall not include the private possession, production, distribution and Medical use of marijuana by an individual patient or an individual caregiver for one patient in the residence of the patient or caregiver to the extent permitted by Article XVIII, Section 14 of the Colorado Constitution or any other applicable state law or regulation.

(i) “Medical marijuana center” shall have the same meaning as set forth in C.RS. §12-43.3-104(8).

(j) “Medical marijuana-infused product” shall have the same meaning as set forth in C.R.S. § 12-43.3-104(9).

(k) “Medical use” shall have the same meaning as set forth in Article XVIII, Section 14(I)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

(l) “Optional premises” shall have the same meaning as set forth in C.R.S. §12-43.3-104(11).

(m) “Optional Premises Cultivation Operation” shall have the same meaning as set forth in C.R.S. 12-43.3-104(12).

(n) “Patient” shall have the same meaning as set forth in Article XVIII, Section 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

(o) “Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer or employee thereof.

(p) “Premises” means a distinct definite location which may include a building, a part of a building, a room, or any other definite contiguous area.

(q) “Primary caregiver” shall have the same meaning as is set forth in Article XVIII, Section 14(1)( d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

(r) “School” means a public or private preschool, or a public, private or charter elementary, middle, junior high or high school.

Section 4. License required.

It shall be unlawful for any person to operate a Medical marijuana business without first having obtained a license to operate pursuant to the provisions of this Ordinance and having paid the fee therefore. The licensing requirement applies to all Medical marijuana businesses that exist on the effective date of this Ordinance adopting this provision and any Medical marijuana businesses established after such effective date.

(a) Any Medical marijuana business that commenced operation prior to the effective date of the Ordinance adopting this provision, which is in a location where the business qualifies as a use permitted by right in the zone district in which it is located, and which has obtained a valid sales and use tax license from the State of Colorado, may continue to operate pending final action on an application for a license pursuant to this section.

(b) Pursuant to the provisions of Article 43.3, Title 12, Colorado Revised Statutes, Medical marijuana businesses shall be licensed by the County in one of the following categories:

(1) Medical marijuana center, as defined in C.R.S. §12-43.3-104(8). Such centers shall meet all criteria and requirements of C.R.S. §12-43.3-402, as well as all other regulatory requirements applicable to Medical marijuana centers set forth within this Division and within Article 43.3 of said Title 12, C.R.S.

(2) Medical marijuana-infused products manufacturer, as defined in C.R.S. §12-43.3-104(8). Such centers shall meet all criteria and requirements of C.R.S. §12-43.3-404, as well as all other regulatory requirements applicable to Medical marijuana-infused products manufacturing set forth within this Ordinance and within Article 43.3 of said Title 12, C.R.S.

(3) Optional Premises Cultivation Operation as defined in C.R.S. 12-43.3-104(12). Such operations shall meet all criteria and requirements of C.R.S. §12-43.3-403, as well as all other regulatory requirements applicable to Medical marijuana-infused products manufacturing set forth within this Ordinance and within Article 43.3 of said Title 12, C.R.S.

(c) Due to impacts on adjoining properties, including fire, safety, and health risks associated with such facilities, Marijuana growing operations, such as the optional premises cultivation license referenced in C.R.S. §12-43.3-403, are prohibited in the County except those i) growing in connection with the operation of a Medical marijuana center, ii) where the growing center and the Medical marijuana center have identical ownership; and, iii) where the operations are on the same or adjacent parcels for property tax purposes.

(d) The licensing requirements set forth in this section shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law, including, but not by way of limitation, a retail sales and use tax license, retail food establishment license, or any applicable zoning or building permit.

(e) No license for a Medical marijuana center, a Medical marijuana-infused products manufacturer or an Optional premises cultivation operation shall be issued by the County until a license for such use, at the location designated in the application, has been issued by the Department of Revenue of the State of Colorado.

(f) The issuance of a license pursuant to this Ordinance does not create a defense, exception or provide immunity to any person in regard to any potential criminal liability the person may have for the production, distribution or possession of marijuana.

(g) A separate license shall be required for each location from which a Medical marijuana business is operated.

(h) All Medical marijuana business licenses issued by the County shall be valid for a period of one year from the date such license is issued. Renewal applications shall be filed at least 60 days prior to the expiration date of the existing license.

(i) Licensees shall report each transfer or change of ownership interest, change in business manager, or change in financial interest on forms provided by the Archuleta County Development Services. An application for a change of business manager shall be submitted at least 30 days prior to any such change to provide necessary time for the background check and processing of the application.

Section 5. Application.

An application for a Medical marijuana business license shall be made on forms provided by the Archuleta County Development Services for such purposes. The application shall be used to demonstrate compliance with the provisions of this Ordinance and any other applicable law, rule or regulation. In addition to general information required of standard applications, the application shall require the following information:

(a) Name and address of the owner or owners of the Medical marijuana business in whose name the license is proposed to be issued.

(1) If the owner is a corporation, this shall include the name and address of any officer or director of the corporation, and of any person holding any financial interest in the corporation, whether as a result of the issuance of stock, instruments of indebtedness, or otherwise; provided, however, this shall not require disclosure of information pertaining to a bank, savings and loan association or other commercial lender which has loaned funds to the applicant.

(2) If the owner is a partnership, association or limited liability company, the name and address of all partners, members, managers or persons holding any financial interest in the partnership, association or limited liability company, including those holding an interest as the result of instruments of indebtedness; provided, however, this shall not require disclosure of information pertaining to a bank, savings and loan association or other commercial lender which has loaned funds to the applicant.

(3) If the owner is not a natural person, the organizational documents for all entities identified in the application, and the contact information for the person who is authorized to represent the entity or entities.

(b) Name and address of the manager of the Medical marijuana business, if the manager is proposed to be someone other than the owner, or if the owner is an entity other than a natural person.

(c) Name and address of all persons holding any financial interest in the Medical marijuana business.

(d) A statement of whether or not any of the named owners, members, business managers, parties with a financial interest, or persons named on the application have been:

(1) Denied an application for a Medical marijuana business license by any other jurisdiction, including the State of Colorado, or had such license suspended or revoked.

(2) Denied an application for a liquor license pursuant to Title 12, Article 46 or 47, C.R.S., or had any such license suspended or revoked.

(3) Within the previous ten (10) years, convicted, entered a plea of nolo contendre, or entered a plea of guilty in conjunction with a deferred sentence and judgment pertaining to any charge related to possession, use, or possession with intent to distribute narcotics, drugs or controlled substances.

(4) Within the previous ten (10) years, convicted, entered a plea of nolo contendre, or entered a plea of guilty in conjunction with a deferred sentence and judgment pertaining to any charge related to driving or operating a motor vehicle while under the influence of or while impaired by alcohol or controlled substances.

(e) Proof of ownership or legal possession of the premises proposed for the Medical marijuana business for at least the term of the proposed license.

(f) An operating plan for the proposed Medical marijuana business which includes a description of the products (meaning specifically marijuana products) and services to be provided by the business, including whether the business proposes to engage in the production of retail sale of food or other products for human ingestion, and whether any products or services will be provided at a location different than the address on the license application.

(g) A dimensioned floor plan of the licensed premises, clearly labeled, not larger in size then 8 inches by 11 inches and showing:

(1) The layout of the structure and the floor plan where the Medical marijuana business is to be located;

(2) The principle uses of the floor area depicted on the floor plan, including but not limited to, the areas where non-patients will be permitted, private consulting areas, storage areas, retail sales areas, and areas where Medical marijuana will be distributed;

(3) Production areas, if any, which shall not be open to any persons other than those employed by the business;

(4) Areas where any services other than the distribution or sale of Medical marijuana is proposed to occur on the licensed premises; and

(5) The separation of those areas that are open to persons who are not patients from those areas open only to patients;

(6) The location of the steel door and any safes as well as any doors and windows.

(h) A security plan indicating how the applicant will comply with all applicable State and County laws and regulations. The applicant may submit the portions of such security plan which include trade secrets or specialize security arrangements confidentially. The County will not disclose documents appropriately submitted under the Colorado Open Records Act [§24-72-201, et seq., C.R.S.] if they constitute confidential trade secrets or specialized security arrangements to any party other than law enforcement agencies. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality, including a citation to relevant statutory authority shall be stated on the document.

(i) A lighting plan showing the lighting outside the Medical marijuana business for security purposes and compliance with applicable County requirements.

(j) An area map, drawn to scale, indicating, within a radius of one-quarter mile from the boundaries of the property upon which the Medical marijuana business is located, the proximity of the property to any school as “school” is defined in this Ordinance, any other Medical marijuana business, or any residential zone district.

(k) Finger prints and personal histories for all owners, business managers, employees and parties having a financial interest in the proposed Medical marijuana business, as defined in State Statutes or this Ordinance. All such individuals shall be subject to a criminal background check in conjunction with the license application.

(l) An application for a Medical marijuana business license shall be accompanied by the application fee, criminal background check fee, and annual license fee, together with any other applicable fees. Such fees shall be established by resolution of the Board of County Commissioners.

(m) An inspection of the proposed Medical marijuana business by the County and/or by the Pagosa Fire & Protection District, if the premises are within the Service Area of said Pagosa Fire & Protection District, shall be required prior to the hearing before the Board of County Commissioners regarding the issuance of a license. Such inspection shall occur after the licensed premise is ready for operation, but prior to the hearing before the Board of County Commissioners regarding the issuance of a license. The inspection shall verify that the premises is constructed and operated in accordance with the submitted application, and that such premises is in compliance with applicable codes, including, but not limited to the Uniform Building Code and Uniform Fire Code.

(n) The Archuleta County Development Services may issue a Medical marijuana business license if the inspection, background checks, and all other information available to the County verify that the applicant has submitted a full and complete application, has made improvements to the business consistent with the application, and is prepared to operate the business with other owners and managers as set forth in the application, all in compliance with the provision of this Ordinance and any other applicable law, rule or regulation. The application will be denied if it fails to meet the requirements of this section or if it is found to contain any false or incomplete information.

(o) All applications for a new Medical marijuana business license shall require a public hearing before the local licensing authority appointed by the Board of County Commissioners, inclusive of publication and posting requirements, as set forth in C.R.S. §12-43.3-302.

Section 6. Persons prohibited as licensees.

The criteria for determination of those persons who are not eligible to receive a Medical marijuana business licenses shall be as provided in C.R.S. §12-43.3-307.

Section 7. Permitted locations.

(a) Medical marijuana businesses may be allowed in the commercial (C) or industrial (I) zones. No Medical marijuana business of any type shall be allowed within any Residential or Planned Unit Development zoned area and shall not be allowed as a home occupation.

(b) Any Medical marijuana business located within the County shall be located not less than 1,000 feet from any school, as “school” is defined in this Ordinance, any licensed day care facility, church or dedicated public park, whether located within or outside the corporate limits of the County. The suitability of a location for the Medical marijuana business shall be determined at the time of the issuance of the first license for such business. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a Medical marijuana business under this section shall not be grounds to suspend, revoke or refuse to renew the license for such business so long as the license for the business remains in effect. Nothing within this section shall preclude the establishment of a public, private or charter school, licensed day care facility, licensed pre-school, church or dedicated Public Park within 500 feet of a pre-existing Medical marijuana business.

(c) Notwithstanding anything to the contrary herein, even if a Medical marijuana business is located within a commercial or industrial zoned area such business must be no less than 250 feet from any Residential or Planned Unit Development zoned area; provided, however, the distance between the medial marijuana business and the area zoned as Residential or Planned Unit Development may be less than 250 feet if there exists between the Medical marijuana business and the Residential or Planned Unit Development zoned area a United States Highway such as U.S. Highway 160.

(d) The distances referred to in this Section 7 are to be computed by direct measurement from the nearest property line of the land used for either the public, private or charter school, licensed day care facility, licensed pre-school, church, dedicated Public Park or land which comprises residential or planned unit development zoned area to the nearest portion of the building in which Medical marijuana and/or Medical marijuana infused products is to be sold.

Section. 8. Requirements related to operation of Medical marijuana business.

(a) All Medical marijuana businesses shall collect and remit all applicable State and County sales taxes in a timely manner. The name and contact information for the owner or owners and any business manager of the Medical marijuana business and the sales tax license for the business shall be conspicuously posted in the business. Their State and County license to engage in a Medical Marijuana Business shall also be posted.

(b) Medical marijuana businesses shall limit their hours of operation to between 10:00 a.m. and 7:00 p.m.

(c) Any Medical marijuana business within the County shall be required to have a fully operational alarm system which must be properly maintained. Such alarm systems shall have video surveillance coverage of the premises at all times and shall have redundant power supplies and circuitry to prevent de-activation, either intentional or unintentional. If an alarm system is deactivated, the company monitoring the systems must immediately notify the Sheriff’s department.

(d) Medical marijuana businesses with marijuana or marijuana-infused products on site shall be equipped with a steel door or a solid wood core door with dead bolts in place and engaged for purposes of securing the space or location where Medical marijuana or Medical marijuana-infused products are stored, or where any Medical marijuana transaction is to take place. In addition thereto, each Medical marijuana business shall be equipped with at least one silent alarm for every 500 square feet of interior business space.

(e) Medical marijuana businesses shall apply for a sign permit through Archuleta County Development Services. All exterior signage associated with a Medical marijuana business will meet the standards established in the County Code. In addition, no exterior signage shall use the word “marijuana,” “cannabis” or any other word, phrase or symbol commonly understood to refer to marijuana.

(f) The smoking of marijuana within a perimeter of 50 feet of a Medical marijuana business is prohibited.

(g) All inventory, containing any form of marijuana, must be placed within a locked safe on the premises during hours that the business is closed. The safe must be securely bolted to the floor or installed as part of the foundation of the building in which the Medical marijuana business is located.

(h) It shall be unlawful for any Medical marijuana business to employ any person who is not at least 21 years of age.

(i) Any and all production, distribution, possession, storage, display, sales or other distribution of marijuana shall occur within an enclosed building and shall not be visible from the exterior of the building.

(j) No licensed premises shall be managed by any person other than the licensee or the business manager listed on the application for the license, renewal application, or change of manager application. Such licensee or business manager shall be on the premises and responsible for all activities within the licensed premises during all times when the business is open.

(k) There shall be posted in a conspicuous location in each Medical marijuana business a legible sign containing the following warnings:

(1) A warning that the diversion of marijuana for non-medical purposes is a violation of state law;

(2) A warning that the use of Medical marijuana may impair a person’s ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or operate machinery when under the influence of or impaired by marijuana;

(3) A warning that loitering in or around the Medical marijuana business is prohibited by state law;

(4) A warning that possession and distribution of marijuana is a violation of federal law;

(5) A warning that smoking of marijuana within a Medical marijuana business or within 50 feet of such a business is unlawful; and

(6) A warning that the smoking or consumption of marijuana in public is prohibited by state law.

Section 9. Right of entry-records to be maintained.

(a) Each licensee of a Medical marijuana business shall keep and maintain a complete set of books of account, invoices, copies of orders and sales, shipping receipts, bills of lading, correspondence, and all other records necessary to show fully the business transactions of such license. The licensee shall also maintain records which verify that no more marijuana was within the Medical marijuana business than allowed by applicable law for the number of patients who designated the Medical marijuana business owner as their primary caregiver. All such records shall be open at all times during business hours for inspection and examination by the County Administrator or his duly authorized representative(s). The County may require the licensee to furnish such information as it considers necessary for the proper administration of this Ordinance. The records shall clearly show the source, amount, price and dates of all Medical marijuana received or purchased, and the amount, price, dates and patient or caregiver for all Medical marijuana sold.

(b) By accepting the Medical marijuana business license, the licensee is providing consent to disclose the information required by this section, including information about the number of patients and caregivers. Any records provided by the licensee that include patient or caregiver confidential information may be submitted in a manner that maintains the confidentiality of the document(s) under the Colorado Open Records Act [C.R.S. §24-72-20l, et seq.] or other applicable law. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality shall be stated on the document including but not limited to reference to the statutory authority under which confidentiality is claimed. The County will not disclose documents appropriately submitted under the Colorado Open Records Act [C.R.S. §24-72-20l, et seq.] as confidential documents to any party other than law enforcement agencies.

(c) The County may require an audit to be made of such books of account and records as it may deem necessary. Such audit may be made by an auditor selected by the County, who shall likewise have access to all books and records of such licensee. The expense of any audit determined to be necessary by the County, shall be paid by the County; provided, however, should the audit reflect a failure of the licensee, in whole or in part, to timely remit all sales taxes due to the County, the expense of the audit shall be paid by the licensee.

(d) Acceptance of a Medical marijuana business license from the County constitutes consent by the licensee, owners, managers and employees of such business to permit the County Administrator, or his authorized representatives, to conduct routine inspections of the licensed Medical marijuana business to assure compliance with this Ordinance or any other applicable law, rule or regulation.

Section 10. Suspension or revocation of license.

The grounds for suspension or revocation of a Medical marijuana business license and the procedures for such suspension or revocation shall be as provided in C.R.S. §12-43.3-601.

Section 11. Renewal

The process for renewal shall be the same as for the initial application including but not limited to background checks, finger prints, submission of drawings and inspection by fire and/or building officials.

Section 12. Repeal

All ordinances and/or resolutions or parts of ordinances and/or resolutions inconsistent with provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this ordinance.

Section 13. Effective Date.

This ordinance shall become effective upon its passage.

INTRODUCED, READ AND ADOPTED AS AMENDED ON FIRST READING ON this 18th day of June, 2013 and ordered published in full in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.

BOARD OF COUNTY COMMISSIONERS

ARCHULETA COUNTY, COLORADO

S/Clifford Lucero, Chairman

ATTEST:

S/June Madrid, County Clerk & Recorder

Published June 27, 2013 in The Pagosa Springs SUN.

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This story was posted on June 27, 2013.