Public Notices 7/30/2015

ARCHULETA COUNTY, BOARD OF COUNTY COMMISSIONERS

ORDINANCE 13-2015: AN ORDINANCE FOR THE REGULATION AND LICENSING OF MARIJUANA BUSINESS ESTABLISHMENTS

INTRODUCED AND READ ON FIRST READING ON this 5th day of May, 2015 and which was published on April 23, 2015 in full in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.

ADOPTED ON SECOND AND FINAL READING ON this 21st day of July, 2015 and ordered published by reference to title only with amendments in the Pagosa Springs Sun in Pagosa Springs, Archuleta County, Colorado.

AMENDMENTS (are underlined):

NOW, THEREFORE, BE IT RESOLVED, that the Archuleta County Board of County Commissioners hereby adopts the Archuleta County Marijuana Licensing Regulations attached hereto, effective July 21, 2015.

(3) “Dedicated Public Parks” shall mean a tract of land, other than a bike or pedestrian path, which has been dedicated by either a deed or plat which deed or plat has been accepted by an affirmative act of either a Federal, State, local or municipal government or a tract of land created or otherwise reserved by the independent action of any such Federal, State, local or municipal government regardless of size and maintained for the purposes of pleasure, exercise, amusement, or ornament which the public at large may resort to for recreation, air, and light because their purpose is to promote and benefit the health and pleasure of the people at large.

1.09.17 All inventory, containing any form of marijuana, must be placed within a locked safe on the premises during hours that the business is closed. Five Hundred ($500) dollar retail value of marijuana shall be stored in a secured refrigerator which is maintained in a secure area of premises and approved by the State. (REMOVED: The safe must be bolted to the floor or installed as part of the foundation of the building in which the marijuana business is located.)

1.10.1 Medical Marijuana Establishments or Retail Marijuana Establishments shall only be allowed in the commercial or industrial zones.

Section 3.01 Medical Marijuana Licenses

The Archuleta County Local Licensing Authority shall issue local licenses to applicants only for the purpose of operating a Medical Marijuana Establishment pursuant to the Medical Marijuana Code who fulfill the requirements for one of the following:

(1) medical marijuana center;

(2) medical marijuana-infused products manufacturer; and

(3) optional premises cultivation operation;

(DELETED: 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.)

Section 3.02 Retail Marijuana Licenses

The Archuleta County Local Licensing Authority shall issue local licenses to applicants only for the purpose of operating a Retail Marijuana Establishment pursuant to the Retail Marijuana Code who fulfill the requirements for one the following:

(1) retail marijuana store;

(2) retail marijuana cultivation facility; and

(3) retail marijuana infused products manufacturer.

(DELETED: 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 Retail marijuana center, ii) where the growing center and the Retail marijuana center have identical ownership; and, iii) where the operations are on the same or adjacent parcels for property tax purposes.)

5.01.2.1 All applications for medical marijuana center licenses; optional premises cultivation licenses; and medical marijuana-infused products manufacturing licenses, shall be made upon forms provided by the state and Local Licensing Authority and shall include the following supplemental materials: (1) identity of the owner of the property on which the premises is located; (2) a site plan of the premises; (3) a list of all other uses on the property; (4) the number of vehicle trips per day expected to be generated by the business; (5) the expected source and level of water use for the premises; (6) permits or other applicable documentation related to well use, septic system use, and water sanitation; (7) a copy of the State sales tax license for the business; (8) a narrative together with drawings for how the business will manage parking for customers and employees, including overflow parking if demand exceeds the number of spaces at the premises; (9) an explanation of any enforcement action taken by the state or any other jurisdiction with respect to any Marijuana Establishment license held by the applicant during the previous 12 months; (10) a description of all toxic, flammable, hazardous or other materials regulated by a federal, state or local government having authority (or that would have authority over the business if it was not a marijuana business), that will be used, kept, or created at the Premises (or the property of which the Premises are a part); Material Safety Data Sheets for each; the location of use and storage of each shall be identified on the site plans; (11) A plan sealed and stamped by a licensed mechanical engineer for ventilation of the facilities that describes the ventilation systems that will be used to mitigate any odor of marijuana off the premises of the business. For Marijuana Enterprises that grow marijuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems mitigating odor leaving the premises. For Marijuana Enterprises that produce marijuana products, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process; (12) an inspection of the Licensed Premises fully equipped per the current plan of operation from a state electrical inspector, master electrician licensed in Colorado or electrical engineer registered in Colorado for compliance with applicable electrical codes; (13) for optional premises cultivation and medical marijuana-infused products manufacturing license applications, information about which medical marijuana center is associated with the business; and (14) a detailed drawing, with scale of the floor plan.

5.01.2.2 All applications for retail marijuana store licenses, and retail marijuana cultivation facilities licenses shall be made upon forms provided by the state or Local Licensing Authority and shall include: (1) a site plan of the premises; (2) a list of all proposed changes or modifications to the premises, including any such proposed changes that are purposed because of State licensing requirements; (3) a narrative together with drawings for how the business will manage parking for customers and employees, including overflow parking if demand exceeds the number of spaces at the premises; (4) for applications for dual medical marijuana center and retail marijuana store, specific information on the nature and location of required signage; (5) an explanation of any enforcement action taken by the state or any other jurisdiction with respect to any Marijuana Establishment license held by the applicant during the previous 12 months; (6) a description of all toxic, flammable, hazardous or other materials regulated by a federal, state or local government having authority (or that would have authority over the business if it was not a marijuana business), that will be used, kept, or created at the Premises (or the property of which the Premises are a part); Material Safety Data Sheets for each; the location of use and storage of each shall be identified on the site plans; (7) a copy of the State sales tax license for the business; (8) A plan sealed and stamped by a licensed mechanical engineer for ventilation of the facilities that describes the ventilation systems that will be used to mitigate any odor of marijuana off the premises of the business. For Marijuana Enterprises that grow marijuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises; (9) an inspection of the Licensed Premises fully equipped per the current plan of operation from a state electrical inspector, master electrician licensed in Colorado or electrical engineer registered in Colorado for compliance with applicable electrical codes; and (10) a detailed drawing, with scale of the floor plan.

6.05.1 A Medical Optional Premises Cultivation License must be associated with either a Medical Marijuana Center or an Infused Product Manufacturer also licensed by the Authority and such Medical Optional Premises Cultivation Licensee may only provide their product to an entity licensed by the Authority or the Town of Pagosa Springs, Colorado. Due to impacts on adjoining properties, including fire, safety, and health risks associated with such facilities, Marijuana growing operations, such as the Medical 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, iii) where the operations are on the same or adjacent parcels for property tax purposes; and iv) where no less than seventy percent (70%) of the product grown under the optional premises cultivation operation license is made available for sale to the public through a facility licensed in Archuleta County.

6.05.2 Until such time as the Board of County Commissioners increases the number which increase may be accomplished by passing a Resolution to such affect, there shall be no more than four (4) Retail Optional Premises Cultivation Licenses issued in Archuleta County. License applications will be accepted for review on a “first come, first served” basis, commencing at 8:00 a.m. on the first Monday following the adoption of this ordinance. All other applications shall be processed in order of receipt. In the event that an application is denied by the Licensing Authority, the Authority staff will process the next application in priority of time. Existing licenses shall count against the four (4) licenses such that two (2) new licenses are available.

(DELETED: No license shall be issued for a retail marijuana cultivation facility that is connected to a retail marijuana store for the purpose of meeting the vertical integration marijuana-supply requirements of the Retail Marijuana Code, with respect to which the store’s or manufacturing facility’s Licensed Premises are located outside Archuleta County. 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 retail marijuana center, ii) where the growing center and the retail marijuana center have identical ownership; and, iii) where the operations are on the same or adjacent parcels for property tax purposes.)

Section 6.06 Additional Criteria for Medical Marijuana Center and Retail Marijuana Stores.

A Retail Marijuana Store must also have identical ownership with an Optional Premise Cultivation facility also licensed by the authority. Provided, further,, on an annual basis, no less than seventy percent (70%) of the product available for sale to the general public must have begun as a seed or cutting and been harvested at the affiliated Optional Premise Cultivation facility, except for product manufactured by an Infused Product Manufacturer. Evidence of compliance with this provision shall be provided at the time of any renewal application.

B. A Medical Marijuana Center must also have identical ownership with an Optional Premise Cultivation facility also licensed by the authority. Provided, further,, on an annual basis, no less than seventy percent (70%) of the product available for sale by the Medical Marijuana Center must have begun as a seed or cutting and been harvested at the affiliated Optional Premise Cultivation facility, except for product manufactured by an Infused Product Manufacturer. Evidence of compliance with this provision shall be provided at the time of any renewal application.

PART XIV. Effective Date. In the interest of immediate preservation of public health, safety and welfare, this ordinance shall become effective June 21, 2015.

Published July 30, 2015 in The Pagosa Springs SUN.

__________

Upper San Juan Library District

Ruby Sisson Memorial Library Site Improvements

Archuleta County, Colorado

The Upper San Juan Library District in Pagosa Springs, Archuleta County, Colorado is in the process of finalizing the above listed project constructed by UCAL, Inc. Any claims against this project by suppliers, subcontractors, or others should be delivered to the project engineering firm of Davis Engineering Service, Inc. at 188 S. 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147. All claims shall be delivered prior to August 31, 2015. Any claims received on or after August 31, 2015 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055).

Published July 30 and August 13, 2015 in The Pagosa Springs SUN.

__________

NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to

Jerry W. Cheney

9326 Alta Mira Drive

Dallas, TX 75218

You and each of you are hereby notified that on the 9th day of December 2015, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Trevor Vernon

the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:

Lot 183, Aspen Springs Subdivision No. 5, according to the plat thereof filed August 3, 1971, as Reception No. 74690, filed in the office of the Clerk and Recorder, Archuleta County, Colorado

Schedule number #589309106011 R015008

TSC #2011-01839

and said County Treasurer issued a certificate of purchase therefore to Trevor Vernon

That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2010

That said real estate was taxed or specially assessed in the name(s) Jerry W. Cheney for said year 2010.

That said Trevor Vernon , the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;

That a Treasurer’s Deed will be issued for said real estate to Trevor Vernon

At 8:00 o’clock AM, on the 9th day of December 2015, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 26TH DAY OF JUNE, A.D. 2015.

/s/ Betty A. Diller

Betty A. Diller, Archuleta County Treasurer

Published July 30, August 6 and 13, 2015 in The Pagosa Springs SUN.

__________
This story was posted on July 30, 2015.